r~C""r.):1 ACH PR
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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