opponent to present his arguments by enjoying equal consideration in
accordance with the procedural requirements and standards provided for by
the law and which were applied by the same domestic court in respect of
Pharmakina Company. Indeed, the Supreme Court of the DRC has not
challenged the fact that the outbreak of the war was a force majeure - that is,
an unpredictable event, outside and beyond the control of the Complainant –
which made the Complainant physically unable to produce his file. Instead,
the domestic court, while admitting the force majeure constituted by the war,
said it could not prolong the proceedings before it to await the termination of
an event whose end was uncertain.
102. The Commission is of the view that such reasoning is inconsistent with the
spirit of the principle of equality before the law as guaranteed by
international human rights instruments. International jurisprudence rather
adopts the position that the failure to strictly enforce equality before the law
must necessarily be justified. In Aumeeruddy-Cziffra and Others v. Mauritius,
the Human Rights Committee of the United Nations considers that “sufficient
justification for this difference has to be given.”18
103. The Commission further considers that the same procedure that had
already remained pending for several years would obviously not have been
unduly prolonged merely by being deferred for four months. The proof is
that the Supreme Court had still not deliberated on the Complainant’s appeal
at the time when the latter seized the Commission. This clearly means that the
Supreme Court chose to prevent a four-month extension of the procedure to
the detriment of the Complainant who was thus denied the right to benefit
from the same principle of equality before the law as his opponent. The
domestic court should have recognized the Complainant’s inability to
exercise his right to equality before the law by affording the Complainant the
opportunity to take advantage of the requested four-month deferment to
produce his file.
104. In similar instances, the Commission concluded not only that the domestic
court had unduly prolonged the procedure, but also that failure to provide
adequate reasons for differential treatment before the law had placed the
Complainant in a position of inequality that may be tantamount to a denial of
justice. This was the case with Burkinabe Movement for Human and Peoples’
Rights v. Burkina Faso, where the African Commission held that the Supreme
Court of Burkina Faso had not provided sufficient reason to justify the undue
18
Aumeeruddy-Cziffra and Others v. Mauritius (2000) AHRLR 3 (HRC 1981) para 9(2)
19