Communication 431/12 – Thomas Kwoyelo v. Uganda
of the applicable law. The analysis follows the order of the appearance of the
articles of the African Charter that have been alleged to have been violated in the
present communication.
Alleged Violation of Article 3
156.
Article 3 of the Charter relates to equality before the law and equal protection
of the law and reads as follows:
1. Every individual shall be equal before the law
2. Every individual shall be entitled to equal protection of the law
157.
In respect of Article 3 of the Charter, the Complainant contends that the refusal
of the Respondent State to grant amnesty to the Victim, while the former has
granted amnesty to over 24,066 rebels before and 274 rebels after the Victim’s
application for amnesty was rejected, without any objective or reasonable
explanation, is tantamount to selective treatment and hence a violation of Article
3 of the African Charter.
158.
As the Commission has noted in the case of Purohit and Moore v. The Gambia,
Article 3 together with Article 2 of the Charter basically form the equal protection
and anti-discrimination provisions of the Charter. Article 2 lays down a principle
that is essential to the spirit of the Charter and is therefore necessary in eradicating
discrimination in all its guises, while Article 3 guarantees fair and just treatment
of individuals within a legal system of a given country.41
159.
Equality before the law as guaranteed under Article 3(1) relates to the right by
all to equal treatment under similar conditions. It entails that individuals should
expect to be treated fairly and justly within the legal system and be assured of
equal treatment before the law and equal enjoyment of the rights available to all
41
ACHPR, Communication 241/01 – Purohit and Moore v The Gambia (2003), para. 49.
42
62nd Ordinary Session, 25 April – 9 July 2018