Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
within the Respondent State’s legal system, is an extraordinary remedy that no applicant
is required to exhaust. The Respondent State’s objection was thus dismissed.
The Court while observing that no objection had been raised with respect to the other
admissibility requirements, nonetheless, in line with Rule 50(1) of the Rules, assessed all
admissibility criteria provided for in Rule 50(2) of the Rules, which in substance restates
the provisions of Article 56 of the Charter, and found that the Application fulfilled the
necessary requirements.
The Court then considered whether the Respondent State had violated Articles 2, 4, 6,
and 7 of the Charter.
On the alleged violation of the right to equality before the law and equal protection of the
law, the Court noted that the burden of proof for a human rights violation rested with the
Applicant unless the Court otherwise decided. In this Application, the Applicant alleged
that his right to equality before the law and equal protection of the law was violated without
providing any grounds to substantiate his claims. Consequently, the Court dismissed this
allegation as being unsubstantiated.
Regarding the claim on the violation of the right to the respect of one’s life and integrity
of the person, the Court began by recalling that the right to life, under Article 4 of the
Charter, is inviolable and shall be respected and not be arbitrarily deprived under any
circumstances. The Court reiterated that the burden of substantiating a claim for a
violation of a human right vests on anyone who alleges. The Applicant having failed to
provide any ground or evidence to substantiate his allegations, the Court dismissed the
claim.
Concerning the allegations of violation of the right to liberty and security of his person, the
Court asserted that the Charter strictly prohibits any arbitrary arrest and detention. It
reiterated its position in its earlier judgments that arrest or detention becomes arbitrary if
it is not in accordance with the law, lacks clear and reasonable grounds or is conducted
in the absence of procedural safeguards against arbitrariness. In this case, the Court
found that the Applicant had made a general allegation of a violation of his rights under
Article 6 of the Charter with no evidence to substantiate the allegations. Given the
preceding, his allegations were dismissed.
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