( i~'ACHPR ~ African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility On Alleged violation of Article 3 144. The Complainants submitted that their rights to equality before the law and equal protection of the law were violated thereby offending Article 3 of the African Charter. 145. Submitting on how their right to equality before the law was violated, the Complainants submitted cited Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum) v. Zimbabwe 131 where the Commission stated-the right to equality before the law does not refer to the content of legislation, but rather exclusively to its enforcement. It ""'means that judges and administrative officials may not act arbitrarily in enforcing laws· The complainants also stated that while in military detention, were subjected to acts .of discrimination, torture and other ill-treatment and were tried by an institution that is neither impartial nor independent, hence, they did not enjoy -the rights available to other citizens and the Respondent state has violated their rights under Article 3(1). 146. About to allegation that they did not enjoy equal protection of the law as other similarly situated persons enjoy it, the Complainants submitted along Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development in Africa (on behalfof Andrew Barclay Meldrum) v. Zimbabwe (cit~,d above) that equal protection of the law under Article 3(2) (...) means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons and that -it simply means that similarly situated persons must receive siI'l'\ilartreatment under the law.132 147. The Complainants referred to the Commission's position on the tests of unequal treatments, namely that the Complainants did not receive the same treatment as other male and female (married) detainees who were arrested in the same events; and that the Complainants did not receive the same treatment accorded to other individuals being tried by a civilian court.133 148. Regarding the first test, the complainants' averred being subjected to verbal and physical sexual violence in detention also violates Article 3, since it was a clear situation in which they did not receive -the same treatment accorded to others. As already 131 Comm. No. 294/04, para. 96 132 Ibid, para 100. See, complainant submission on Merits Para 200 133 The African Commission https:/achpr.au.inVO 0 a