r~C""r.):1 ACH PR ~1 African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility argued above, this was a clear act of discrimination in the administrative and legal proced ures.134 149. They cited the Egyptian Initiative for Personal Rights & INTERIGHTS v Egypt the equality principles Commission stated that and non-discrimination international human rights law. Consequently, are core the premise under in Article 3 of the African Charter is that the law shall prohibit any form of discrimination and guarantee to all individuals on any ground, equal and effective protection against discrimination regardless of race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth or another status. 150. As to the second test, the complainants that they did not receive the same submitted treatment accorded to other individuals being tried by a civilian court. They submitted further that if they had been subjected to the same abuses by an individual who was not a member of the military, they would have had access to a legal system (ordinary courts) which provide appropriate more rights and guarantees, including the right to request an remedy, to join the case as a civil party and to have the case heard before an independent and impartial court. Because the alleged perpetrator member of the military, the Complainants happened were forced to seek a remedy military justice system which lacked impartiality and independence to be a through a and were therefore deprived of their right to equal protection of the law. 151. Therefore, the Complainants submitted that the mere fact that the military doctor was tried before a military tribunal never offered them the same level of protection guaranteed before a civil court. The trial of the doctor before a military court deprived the Complainants 152. The Complainants of their right to remedy and truth.P" submitted along with the Commission for Personal Rights & INTERIGHTS of justice. In this regard, all individuals subject to the same criminal and investigative enforcement 153. Associating procedures should be in the same manner by law and the courts. it with the case at hand, they submitted to the same criminal and investigative 134 Ibid, para 201 135 See, Paragraph 203 of the Complainant Submission on Merit 351 p, g c position in Egyptian Initiative v Egtjpt (cited above) that equality before the law also entails equality in the administration subjected that is that the Complainants procedures were not they would have been The African Commissio

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