VII. MERITS
43. The Applicants allege: the violation by the Supreme Court and the Ministry
of Internal Security of the right to equality before the law and to equal
protection of the law guaranteed under Article 3 of the Charter (A), and
violation of the right to have one’s cause heard, protected by Article 7(1) of
the Charter (B). The Court will examine these allegations sequentially.
A. Alleged violation of the right to equality before the law and equal
protection of the law
44. The Applicants allege that the Respondent State, through the Ministry of
Internal Security and the Administrative Section of the Supreme Court,
violated their rights to equality before the law, equal protection of the law
and non-discrimination, protected by Article 3(1) and (2) of the Charter and
Article 26 of the ICCPR.
45. The Court observes that, despite the Applicants’ allegations of a violation of
Article 3(1) and (2) of the Charter, their Application only referred to a
violation of their right to equality before the law by the Minister of Internal
Security and the Supreme Court, protected under Article 3(1) of the Charter.
The Court will therefore examine the allegations in respect of this provision,
in relation to the Ministry of Internal Security, and then in relation to the
Supreme Court.
46. The Court notes that Article 3(1) of the Charter provides that “every
individual shall be equal before the law”.
47. Article 26 of the ICCPR on its part provides:
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law shall
prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex,
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