***
53. The Court notes that there is a correlation between equality before the law
and the right to enjoy the rights enshrined in the Charter without
discrimination, insofar as the entire legal structure of national and
international public order is based on this principle, which governs the
enjoyment of the other human rights.10
54. The Court also recalls that as it has previously held “it is incumbent on the
Party purporting to have been a victim of discriminatory treatment to provide
proof thereof”.11 In any event, vague assertions that a right has been
violated are not sufficient.12
55. In the present Application, the Court notes that the Applicants allege that
the Respondent State excluded them from the list of trainee police
inspectors and superintendents whose training was authorized by the
Decree of 6 February 2006, whereas some of their colleagues in the same
situation as them were included on the said list.
56. The Court also notes that Article 47 of the Decree of 6 February 2006 lays
down the conditions relating to the date of graduation and the length of
service required to qualify for training as police superintendents and
inspectors.13
57. It also emerges from the record submitted by the Applicants that they all
obtained their qualifications after the date on which the aforementioned
Decree came into force.
10 See Open Society Justice Initiative v. Côte d’Ivoire, African Commission on Human and Peoples’
Rights, Communication 318/06, Decided on 28 February 2015; Inter-American Court of Human Rights,
Advisory Opinion OC-18 of 17 September 2003; African Commission on Human and Peoples’ Rights v.
Kenya (merits), supra, § 138; John Mwita v. United Republic of Tanzania, AfCHPR, Application No.
044/2016, judgment of 13 February 2024 (merits and reparations), § 103.
11 Mohamed Abubakari v. United Republic of Tanzania (merits) (3 June 2016) 1 AfCLR 599, § 153.
12 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 140.
13 Article 47: “Police inspectors and non-commissioned police officers holding a master’s degree on the
date this decree comes into force are authorized to enter the national police academy in successive
waves”.
13