65. The Court observes, from the Applicant’s submissions that he makes a joint allegation of violation of Articles 2, 3, and 7(1) of the Charter. It is indeed the Applicant’s contention that the domestic courts did not uphold his rights to non-discrimination, equality before the law, equal protection of the law, and to have his cause heard while examining issues related to identification and evidence. The Court will examine these allegations jointly. 66. Article 2 of the Charter provides that: Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status. 67. 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. 68. Article 7(1) of the Charter provides that: Every individual shall have the right to have his cause heard. 69. Regarding the right to non-discrimination as protected under Article 2 of the Charter, the Court recalls that, as it held in Action pour la Protection des Droits de l’Homme (APDH) v. Republic of Côte d’Ivoire, discrimination is “a differentiation of persons or situations on the basis of one or several unlawful criterion/criteria.”22 70. With respect to Article 3, equality before the law, and equal protection of the law presuppose that the law protects everyone without discrimination 22 APDH v. Côte d’Ivoire (merits and reparations), supra, §§ 146-147. 16

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