67. As a consequence of the foregoing, the Court holds that the consolidated
Applications fulfil all the requirements set out under Article 56 of the Charter
as restated in Rule 50(2) of the Rules and accordingly finds the Applications
admissible.
VII.
MERITS
68. Both Applicants allege a violation of their rights under Articles 2, 3 and 7 of
the Charter by reason of the manner in which their trials before the domestic
courts were conducted.
A. Alleged violation of the right to non-discrimination and equality before the
law
69. The First Applicant makes two arguments in respect of the alleged violation
of the right to non-discrimination and equality before the law. First, that the
evidence against him was fabricated and that the domestic courts unfairly
relied on this to prove the case against him thus resulting in an unfair
determination of his case which, according to him, also infringed his right to
equality before the law. Second, that the offence of rape, as provided for
under the Respondent State’s Penal Code, contravenes the Articles 2 and
3 of the Charter on the basis of its “sexism”.
70. As for the Second Applicant, although, in his Application, he referred to
Articles 2 and 3 of the Charter, he did not make any submissions specifically
outlining how his rights under the aforementioned provisions were violated.
*
71. In its Response, the Respondent State disputes all the averments by the
First Applicant and puts him to strict proof. The Respondent State argues
that the First Applicant was not discriminated against in the domestic
proceedings and he was permitted to access all legal avenues to pursue
redress. As to the evidential issues raised by the First Applicant, the
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