fff'ACHPR ,.l \~, f "b:nn:r.'#'e African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility justice system favouring their own ranging from the choice of minor offences to serious sexual offences, neglect to amend charges and to call prosecution testimonies of the civilian witness for technical grounds, where only the prosecutor witnesses, neglect of and choices not to appeal could. 237. In the upshot, the Commission considered that the composition and jurisdiction of the Military Courts, and the offences tried were not military-related and could be tried in civilian courts, the Commission agrees with the Complainants did not satisfy the requirement of impartiality and independence, subject to various among others, and therefore, in the absence of legal formulations by the Commission proper guarantees, it finds the state in violation of Article 26. Violation Law. that the Egyptian Court of Article 3: The Right to Equality Before the Law and Equal Protection of the 238. Articles 3(1) and (2) of the African Charter provide that "Every individual shall be equal before the law and that even) individual shall be entitled to equal protection of the law." 239. The Complainants submitted that their rights to equality before the law and equal protection of the law were violated, thereby offending Article 3 of the African Charter. 240. Conceptualizing the parameters of the right to equality before the law and the equal protection of the law, the Commission recall its position in Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development in Africa (on behalfof Andrew Barclay Meldrum) v. Zimbabwe 200 (also cited by the Complainants) and remains guided thereon, that the right to equality before the law does not refer to the content of legislation, but rather exclusively to its enforcemerit. It means that judges and administrative may not act arbitrarily in enforcing laws Further, on the equal protection officials of the law, that no person or ~iass of persons shall be denied the same protection of the laws which is enjoyed by other persons and that -it simply means that similarly situated persons must receive similar treatment under the law. 241. The Complainants submitted acts of discrimination, that while in military detention, torture and other ill-treatment that is neither impartial nor independent, to other citizens and the Respondent 200 Comm. 201 they were subjected to and were tried by an institution hence, they did not enjoy -the rights available State has violated their rights under Article 3(1).201 No. 294/04, para. 96 Complainant Submission on Merits, Para, 199 https:/achpr.au.intiO 0 a