0001?7
2. Every individual shall be entitled to equal protection of the law"
84.
The Court notes that the right to equal protection of the law requires that 'the
law shall prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status".17
The court notes that this right is recognised and guaranteed in the
Constitution of the Respondent State. The relevant provisions (Articles 12 and 13) of
the Constitution enshrine the right in similar form and content as the Charter,
including by prohibiting discrimination.
85.
The right to equality before the law requires that "all persons shall be equal
before the courts and tribunals"ls ln the instant Application, the Court observes that
the Court of Appeal examined all grounds of the Applicant's appeal and found that it
did not have merit. ln the interest of justice, the Applicant was even allowed to file his
notice of appeal out of the deadline specified by the domestic law and his appeat
was duly considered.le ln this regard, this Court has not found that the Applicant was
treated unfairly or subjected to discriminatory treatment in the course of the domestic
proceedings.
86.
The Applicant has therefore not adequately substantiated that his right to
equality before the law or his right to equal protection of the law was contravened
and, thus, the Court dismisses his allegation that the Respondent State violated
Articles 3 (1)and (2) of the Charter.
C. Alleged violation of the right to non-discrimination
87. The Applicant submits that the court of Appeal, by failing to properly evaluate
the evidence obtained during his trial, has violated his right under Article 2 of the
charter. on its part, the Respondent state insists that the court of Appeal did
properly address the Applicant's appeal and convicted him only after assessing a set
of facts and corroborating evidence.
1'Articre 26,
lccpR.
(1),
Article
14
ibid. See also UN Human Rights Committee, CCpR Ge
"
omment No. 18: Non-
d.iscrimination, 10 November 1989. para. 3.
le
Miscellaneous Criminal Cause No. 49 of 200g
21
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