“all persons shall be equal before the courts and tribunals.”20 Article 3 also
requires that entities in charge of applying the law must do so equally with
respect to all and that the law itself must treat everyone equally.21
62. In relation to the Applicants’ allegations, the Court reaffirms that the burden
of proof for a human rights violation, ordinarily, lies with he/she that
alleges.22 In the instant Application, the Court observes that the Applicants
have made a general allegation that their right to equality before the law and
equal protection of the law was violated. They have neither made specific
submissions nor provided evidence to demonstrate how their right to
equality and equal protection of the law was violated.
63. Given the lack of substantiation in the Applicants’ claims of a violation of
Article 3 of the Charter, the Court finds that the Applicants have failed to
prove the said allegations.23 In the circumstances, therefore, the Court
dismisses the Applicants’ allegations.
C. Alleged violation of the right to dignity
64. The Applicants allege that the Respondent State violated their right to
dignity, as enshrined in Article 5 of the Charter, by sentencing them to suffer
corporal punishment. According to the Applicants, the sentence of 12
strokes of the cane is “against human rights of the Applicants as it causes
physical and emotional harm.” The Applicants submit that this sentence is
“a clear violation of Article 5 of the African Charter on Human and Peoples’
Rights.”
*
20 Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, §§ 84-85.
21 XYZ v. Republic of Benin (merits and reparations) (27 November 2020) 4 AfCLR 49, § 151.
Sijaona Chacha Machera v. United Republic of Tanzania, ACtHPR, Application No. 035/2017
Judgment of 22 September 2022 (merits), § 82.
23 See, Mohamed Abubakari v. United Republic of Tanzania (merits) (3 June 2016) 1 AfCLR 599, §§
153-154 and Dismas Bunyerere v. United Republic of Tanzania (merits and reparations) (28 November
2019) 3 AfCLR 702, § 79.
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