51. As a consequence of the foregoing, the Court declares the Application admissible. VII. MERITS 52. The Applicant alleges that the judgment of the Respondent State’s Court of Appeal violated his right protected by Article 2 of the Charter; his right to equal protection before the law under Article 3(2) of the Charter; and his right to a fair trial. The Court will proceed to address each of the Applicants’ allegations. A. Alleged violation of the right to non-discrimination 53. The Applicant alleges that “the facts of the matter conducted by the Court of Appeal are violating the fundamentals against human and peoples’ rights under Article 2 of the Charter.” * 54. The Respondent State did not submit on this point. *** 55. Article 2 of the Charter provides as follows: Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status 56. The Court recalls that the burden of proof for a human rights violation lies with he/she that alleges. In the instant matter, the Court observes that the Applicant neither makes specific submissions nor provides any evidence 14

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