VII. MERITS
70. The Applicant alleges that the Respondent State violated his following
rights:
i.
The right not to be discriminated against protected under Article 2 of the
Charter;
ii.
The right to equal protection of the law protected under Article 3(1) and
(2) of the Charter;
iii. The right to life, protected under Article 4 of the Charter;
iv. The right to fair trial, protected under Article 7(1)(c) of the Charter.
A. Alleged violation of the right to non-discrimination
71. The Applicant alleges that the Respondent State violated his right to nondiscrimination protected under Article 2 of the Charter.
*
72. The Respondent State contends that the Applicant had the opportunity to
defend his case and present his evidence. According to the Respondent
State, the Applicant does not demonstrate that he was discriminated against
but only makes general allegations that were not substantiated which as the
Court held are not sufficient and need to be proven as in Alex Thomas v.
Tanzania.
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73. Article 2 of the Charter provides:
Every individual shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the present Charter without
distinction of any kind such as race, ethnic group, colour, sex,
language, religion, political or any other opinion, national and social
origin, fortune, birth or other status.
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