statements obtained from the Applicants were not only in compliance with
the Criminal Procedure Act but they were also admitted in evidence before
the High Court without any objection from the Applicants or their counsel.
66. The Respondent State submits, therefore, that the Applicants were
convicted for their criminal acts and there has been no violation of their
rights under Article 3 of the Charter. It thus prays the Court to find that the
Applicants’ “allegations are misconceived, lack merit and should be duly
dismissed.”
***
67. The Court recalls that Article 3 of the Charter provides as follows:
1.
Every individual shall be equal before the law.
2. Every individual shall be entitled to equal protection of the law.
68. In Alex Thomas v. United Republic of Tanzania, the Court emphasised that,
in respect of allegations of a violation of the right to equality and equal
protection before the law, general allegations do not suffice.29 It behoves
the party making the allegations to substantiate the same.
69. In the present Application, the Applicants fault the impartiality of the police
officers who arrested them because the officers who arrested them were
also involved in recording caution statements from them. In this regard, the
Court has had regard to section 10 of the Respondent State’s Criminal
Procedure Act and confirms that, within the Respondent State, it is legally
permissible for a police officer to participate in both the arrest and recording
of a caution statement from a suspect. Notably, no argument has been
made by the Applicants to demonstrate that the procedure under section 10
of the Criminal Procedure Act contravenes the Charter. Given that the
burden of proving an alleged violation always lies with him/her that asserts,
orally any person supposed to be acquainted with the facts and circumstances of the case and shall
reduce into writing any statement made by the person so examined.
29 Thomas v. Tanzania, supra, § 140.
18