A. Alleged violation of the right to equality before the law and equal
protection of the law, and the right to non-discrimination
65. The Applicants allege that the Respondent State, through its Ministry of
Internal Security and the Administrative Division of the Supreme Court,
violated their right to equality before the law and the right to equal protection
of the law.
66. The Court notes that although the Applicants allege violation of Article 3 of
the Charter, the Application mentions only the violation of their right to
equality before the law which, they claim, the Minister of Internal Security
and the Supreme Court should have respected, in accordance with Article
3(1) of the Charter. The Court will there examine this claim as such.
i. Alleged violation of the right to equality by the Ministry of Internal Security
67. The Applicants allege that the Respondent State’s Minister of Internal
Security violated the principle of equality, by applying in a discriminatory
manner the criteria for promoting police officers, provided for by Decree No.
06/053 of 6 February 2006 and Article 125 of the Law of 12 July 2010.
68. The Applicants also claim that the authorities of the Police Academy
promoted Fantemi Coulibaly, Fouseyni Siaka Berti, Pe Dako, Fatouma
Fomba, Ginsera Siama Palu and Issa Coulibaly to the rank of
Superintendents of Police although the latter obtained their qualifications
after the issuance of the Decree of 6 February 2006.
***
69. In its response, the Respondent State asserts that Article 47 of the Decree
of 6 February 2006 provides :
Police Inspectors and non-commissioned officers who hold a Master’s
degree on the date of entry into force of this Decree are authorised to enrol
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