49. The Court finds that the manner in which the domestic courts evaluated the evidence relating to the Applicant’s identification does not disclose any manifest error or miscarriage of justice to the Applicant. The Court therefore dismisses this allegation. B. Allegation relating to the discriminatory assessment of evidence 50. The Applicant alleges that the manner in which the Court of Appeal arrived at his conviction through assessing the evidence tendered, violated his right to non-discrimination. 51. The Respondent State did not file a response. *** 52. Article 2 of the Charter provides: Every individual shall be entitled to the enjoyment of the rights and freedoms recognised 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 any status. 53. The Court observes that the onus lies on the Applicant to prove his claim but that he failed to substantiate it.13 The Court also notes that nothing on the record demonstrates that the Applicant suffered any discrimination in the proceedings before the Court of Appeal. The Court notes that the Court of Appeal applied its law and jurisprudence in its assessment of the case to avert any peril of injustice. In this regard, the Court is satisfied that the Applicant has not proven that he was discriminated against and thus dismisses the claim. 13 Alex Thomas v. Tanzania (merits) (2015) 1 AfCLR 465, § 140. 13