No. 6 of 1994. It emerges from the file that the armed robbery was
committed on 29 March 2005, that is, after the said laws were enacted. It
follows that the Applicants were convicted and punished on the basis of
legislation that existed and was in force at the time of commission of the
crime.
122. Moreover, the Court observes that the laws in question, specifically Sections
285 and 286 of the Penal Code, provide a clear definition of the elements
that constitute the crime of armed robbery. The domestic courts also found
that these sections were complied with in the case of the Applicants. The
Second Applicant does not provide any explanation as to why he believes
these sections did not sufficiently define the offence of armed robbery, nor
does he specify which part of these sections he finds unclear.
123. In view of the foregoing, the Court dismisses the contention that Sections
285 and 286 of the Respondent State’s Penal Code does not define the
offence of armed robbery. The Court holds, therefore, that the Respondent
State did not violate Article 7(2) of the Charter.
B. Alleged violation of the right to non-discrimination
124. The Second Applicant asserts that the Respondent State violated his right
under Article 2 of the Charter. He asserts that the analysis and scrutiny of
evidence by domestic Courts was not based on objective appreciation of
the entire evidence on record and on equal treatment of the adverse parties.
125. Without responding directly to this allegation, the Respondent State in its
Response, reiterates that the domestic courts properly examined all
evidence on record and found the Applicant and his co-accused guilty as
charged.
***
126. The Court notes that Article 2 of the Charter stipulates that every individual
shall enjoy the rights and freedoms guaranteed in the Charter without
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