“African Gharter on Human and Peoples’ Rights, and Article 7(4) of the Constitution of Senegal. 63. They maintain that in the terms of the provisions of the afore-mentioned international instruments, all human beings are equal before the law without distinction and that on that ground, they are entitled to equal protection by the law and that consequently, they are equal! before the courts. 64. They contend however that the proceedings instituted against them by the Republic of Senegal breached equality of citizens before the law and before the courts, by conducting inquiries functionaries: ‘of the Democratic Senegal carried fundamental out selective on illegal wealth Party of Senegal; justice against against them therefore, the them, in alone, as Republic of violation of their rights. 65. The Court retalls that the principle of equality of citizens before the law implies that citizens are made to go through the same mode the law by a particular judicial of application of institution, in the sense that citizens coming before the courts to seek justice and finding themselves in the same situation ems be tried by the same c court or tribunal gnd-according ‘rules of procedure. | to the same legal _ | 66. Now, in the instant case, the Court holds that at the stage of the procedure under which the Applicants are brought, there is no evidence equality of citizens before the law and before the courts. of breach Consequently, of this argument is not founded. REGARDING VIOLATION OF THE RIGHT TO FAIR TRIAL AND PRESUMPTION OF INNOCENCE 67. The Court finds that presumption | of innocence as provided for by Article 7(1)-b of the African Charter on Human and Peoples’ Rights was disregarded, in that without any prior establishment of guilt against the Applicants, the Special Prosecutor portrayed them in his press conference as guilty of embezzlement, and actually made the following statement: “We are hunting for Billions of CFA Francs. As far as | know, X is blamed for misplacing an amount of 100 Million 20