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73. The Court therefore finds that the Respondent State has violated Article 7(1Xc)
of the Charter by failing to provide free legal assistance.
B. The alleged violation of the rights to non-discrimination, equality
before the Iaw and equal protection of the Iaw
74.The Applicant contends that the violations
of his right to a fair trial also
demonstrate that he was not treated equally before the law and that the national
courts discriminated against him.
75.
The Respondent State refutes these allegations and puts the Applicant to strict
proof.
T6.Article
2 of the Charter states that "every individual
shall be entitled to the
enjoyment of 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 any
status."
77.
Article 3 of the Charter guarantees that "every individual shall be equal before the
law" and "...entitled to equal protection of the law"'
78.
The Court observes that the Applicant has not demonstrated or substantiated
how he has been discriminated against, treated differently or unequally,
resulting to discrimination or unequal treatment based on the criteria laid out
under Article 2 and 3 of the Charter.
79.|n view of the foregoing, the court finds that the Applicant's rights to nondiscrimination, his right to equality before the law and to equal protection of law
as guaranteed under Articles 2 and 3 of the Charter were not violated by the
Respondent State.
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