62. As the Court has previously emphasised, the essence of Article 2 of the
Charter is to proscribe differential treatment of individuals found in the same
situation on the basis of unjustified grounds.27 However, whenever there is
an allegation of differential treatment on grounds proscribed by the Charter,
the person making the allegation bears the duty of substantiating the
allegation. In the instant Application, however, the Applicants make a
general allegation that they were discriminated against without offering any
evidence in support of their allegation.
63. In the circumstances, the Court finds the Applicants’ allegations unfounded
and, accordingly, dismisses them.
B. Alleged violation of the right to equality and equal protection of the law
64. The Applicants submit that the Respondent State violated their rights
because the police officers who investigated their case were the same
officers who arrested them and recorded their caution statements thereby
making their conduct partial “as it violated and denied the Applicants their
rights to equality before the law and the entitlement to equal protection of
the law.”
*
65. In response to the Applicant’s averments, the Respondent State argues that
“police officers are empowered by law to conduct investigation of crimes
including arresting a suspect, interviewing them and taking down their
statements.” It also contends that the Applicants’ arrest and investigation
were conducted in line with section 10(1) and 10(3) of the Criminal
Procedure Act which permit police officers to conduct investigations, arrest
suspects and record statements.28 It also points out that the caution
27
Ibid, § 95.
The Criminal Procedure Act provides as follows: Section 10(1) Where, from the information received
or in any other way, a police officer has reason to suspect the commission of an offence or to apprehend
a breach of the peace he shall, where necessary, proceed in person to the place to investigate the facts
and circumstances of the case and to take such measures as may be necessary for the discovery and
arrest of the offender where the offence is one for which he may arrest without warrant and Section
10(3) Any police officer making an investigation may, subject to other provisions of this Part, examine
28
17