00050 s
B. Conditions of admissibility not in contention between the Parties
50.
The conditions in respect of the identity of the Applicant, incompatibility with the
constitutive Act of the African Union and the charter, the language used in the
Application, the nature of the evidence adduced and the principle that an
application must not raise any matter already determined in accordance with the
principles of the United Nations Charter, the Constitutive Act of the African Union,
the provisions of the Charter or of any other legal instruments of the African Union
(Sub-Rules
1
,
2, 3, 4 and 7 of Rule 40 of the Rules), are not in contention between
the Parties. The Court notes that nothing on record indicates that any of these
conditions have not been fulfilled in this case.
51. ln light of the
foregoing, the court finds that this Application meets all the
admissibility conditions set out in Article 56 of the Charter and Rule 40 of the
Rules and declares the Application admissible.
VlI.
52.
MERITS
The Applicant alleges that his rights guaranteed in the Charter under Article 2 on
the right not to be discriminated against and Article 3 on the right to equality
before the law and to equal protection of the law were violated.
53.
ln so far as the allegations of violations of Articles 2 and 3 of the Charter are
linked to the allegation of violation of Article 7 of the Charter, the Court will first
consider the latter allegation.ll
A. Allegations of violations relating to Article
54.
7 of
the Gharter
The Applicant alleges violation of his rights relating to an alleged manifest error
in the judgment of the court of Appeal based on his improper identification. He
also alleges that the Court of Appeal upheld his conviction and sentence based
lL
Peter Joseph chacha v tJnited Repubtic of ranzania (2014) (admissibitity), 1 AfcLR 398, j22
S