126. The Respondent State did not respond to this allegation but it asserts in general
that its Constitution guarantees full equality before the law, equal protection of
the law and the right to a fair trial in accordance with Article 13(1)(6) thereof.
toe
127. Article 3 of the Charter provides that:
“1. Every individual shall be equal before
the law; 2. Every individual shall be entitled to equal protection of the law”.
128. In its jurisprudence, the Court has established that the onus is on the Applicant
to demonstrate
how the guarantees
of equality
before
the law and
equal
protection of the law have resulted in a violation of Article 3 of the Charter,®
129. In the instant case, the Court notes that the Applicant has failed to show how he
was treated differently from other litigants in the same situation as he was. In
this regard, the Court reiterates its position that “General statements to the effect
that his right has been
violated
are not enough.
More
concrete
evidence
is
required”,
130. Accordingly, the Court holds that the Respondent State has not violated Article
3(1) and (2) of the Charter.
C. Alleged violation of the right not to be subjected to cruel, inhuman and
degrading treatment
131. The Applicant alleges that the Respondent State has violated his right not to be
subjected to cruel, inhuman and degrading treatment, because he was beaten
up by agents of the Respondent State when he was first arrested and that he
was intimidated and tortured at the police station during the investigations in
88Alex Thomas v. United Republic of Tanzania
Tanzania (merits and reparations) §157.
(merits), § 140; Armand
36
Guehi
v. United Republic of