49. The Respondent State submits generally, that it has not violated the
Applicant’s right provided under Article 3 of the Charter.
***
50. The Court notes that Article 3 of the Charter provides that:
1.
Every individual shall be equal before the law
2.
Every individual shall be entitled to equal protection of the law.
51. The Court observes that although the Applicant alleges violation of his right
and entitlement to be treated equally before the law and to equal protection
of the law he did not substantiate this allegation. Nevertheless, the Court
recalls that the general principle is that the burden of proof of human rights
violation lies with s/he who alleges.18 It has also held that, when making a
claim in relation to Article 3 of the Charter, the Applicant has to demonstrate
how the Respondent State’s conduct infringed upon his rights of equal
protection before the law to justify the violation of this provision.19
52. It follows from these provisions that Article 3 guarantees the right for every
person to enjoy equal protection both in the law and in the course of its
application without any discrimination. As such, violation of the right to an
equal protection of the law would be established in instances where an
Applicant is treated differently from an accused person in the same situation
as his.
53. The Court observes that, in the present Application, although the Applicant
alleges violation of his right and entitlement to be treated equally before the
law and to equal protection of the law, he does not substantiate this
allegation. The Court further notes that there is no evidence on the record
that the Applicant was not afforded equality before the law or was treated
differently from other persons who were in a similar situation as him.
18 Thomas v. Tanzania (merits), supra, § 492; Jeshi v. Tanzania (merits and reparations), supra, § 24.
19 Thomas v. Tanzania (merits), supra, § 140.
14