language, religion, political or other opinion, national or social origin,
property, birth, or other status.
75. The Court observes that the right to equality before the law and the right to
non-discrimination guaranteed by the Charter are interrelated, insofar as the
entire legal structure of the domestic and international public order is based
on this principle of interrelation, which transcends all norms.25
76. The Court recalls its jurisprudence that “it is incumbent on the party
purporting to have been a victim of discriminatory treatment to provide proof
thereof”.26 The Court also reiterates that general statements to the effect
that a right has been violated are not enough. More substantiation is
required.27
77. The Court notes, in the instant case, that the Applicants allege that the
Respondent State did not include them on the list of cadet Superintendents
and Inspectors of Police whose training had been authorised under the
Decree of February 2006, whereas some of their colleagues who were in
the same situation as theirs were included on the list.
78. The Court observes that Article 47 of the Decree of 6 February 2006 sets
out the date of graduation and length of service as prerequisites to qualify
to train as Superintendents and Inspectors of Police.28
79. The Court also notes that it emerges from the documents produced by the
Applicants that they all obtained their qualifications after the date of the
aforementioned decree, a fact that they do not dispute.
See Open Society Justice Initiative v. Côte d’Ivoire, African Commission on Human and Peoples’
Rights, Communication of 28 February 2015, Communication 318/06; 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, ACtHPR, Application
No. 044/2016, Judgment of 13 February 2024 (merits and reparations), § 103.
26 Mohamed Abubakari v. United Republic of Tanzania (merits) (3 June 2016) 1 AfCLR 599, § 153
27 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 140.
28 Article 47 “Police Inspectors and non-commissioned officers holding the Master’s degree on the date
of entry of the present decree shall be authorised to enter the National Police Academy in successive
batches according to seniority in rank and length of service in order to undergo training as Cadet
Superintendent of the Police. »
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