58. The Court notes that in the instant case, the Applicant has failed to prove
that he was the victim of unequal treatment before the law, or of unequal
protection of the law. In any event, there is no evidence on the record that
his case was treated differently from those of other persons in a similar
situation.16
59. Accordingly, the Court finds that, within the context of the 2020 elections,
the Respondent State did not violate the Applicant’s rights to equality before
the law and equal protection of the law, protected by Article 3 of the Charter
read in conjunction with Article 26 of the ICCPR.
B. Alleged violation of the right to the presumption of innocence
60. The Applicant submits that, in the proceedings brought against him, the
Respondent State violated his right to a fair trial notably, the aspect of
presumption of innocence. According to the Applicant, the Respondent
State violated his right to the presumption of innocence, in particular
connection with the electoral dispute.
61. First of all, he avers that on 2 November 2017, the Public Prosecutor of the
Abidjan CFI issued a summons for him to appear in court on account of the
armed robbery committed at the Central Bank of West African States
(BCEAO).
62. The Applicant submits that, as he was then in detention in Scheveningen in
the Netherlands in connection with proceedings before the International
Criminal Court, he was unable to attend the hearing on 21 November 2017
before the Abidjan CFI or subsequent hearings. As a result, he was tried in
absentia and sentenced to 20 years in prison and a fine of 10, 000 000 CFA
francs for gang theft and illegal possession of weapons, by judgment of 18
January 2018.
16 Andrew Ambrose Cheusi v. Republic of Tanzania (merits) (26 June 2020) 4 AfCLR 219, § 129.
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