whether in its provisions or in its application.23 Consequently, as this Court has previously held, breach of Article 3 of the Charter is established when there is evidence showing that the Applicant was treated differently as compared to other persons who were in a situation similar to his.24 71. As far as the right to have one’s cause heard, this Court has held in Jebra Kambole v. United Republic of Tanzania that this right, as enshrined under Article 7(1) of the Charter, bestows upon individuals a wide range of entitlements pertaining to due process of law. These include the right to be given an opportunity to express their views on matters and procedures affecting their rights; properly prepare a defence; present one’s arguments and evidence; and to respond to the arguments and evidence presented by the opposing side.25 72. The Court notes that in the instant matter, the Applicant’s allegation revolves around two main issues:i) whether he was properly identified at the scene of the crime and; ii) whether he was convicted against the weight of the evidence on record. The Court will examine the joint allegation of violation of the right to non-discrimination, equality before the law, and to have one’s cause heard in respect of each of these two issues. i. Allegation that the Applicant was not properly identified 73. The Applicant alleges that he was convicted on fabricated evidence as he was not properly identified by the Prosecution Witness 1 (PW1) at the scene of the crime. According to the Applicant, this failure amounted to a violation of his right to non-discrimination, equality before the law, equal protection of the law and the right to have his cause heard. 23 Harold Mbalanda Munthali v. Republic of Malawi, ACtHPR, Application No. 022/2017, Judgment of 23 June 2022 (merits and reparations), § 81; and APDH v. Côte d’Ivoire, ibid. 24 Oscar Josiah v. United Republic of Tanzania (merits) (28 March 2019) 3 AfCLR 83, § 73 and Makungu v. Tanzania (merits), supra, § 69. 25 Kambole v. Tanzania (judgment), supra, §§ 96-97; and Werema and Werema v. Tanzania (merits), supra, §§ 68-69. 17