86.
In June 1996, the Commission sent a good-offices mission to Mauritania. The
delegation met with members of the government and non-governmental organisations
to discuss the overall human rights situation in the country.
87. The mission was undertaken at the initiative of the Commission in its capacity as
promoter of human and peoples’ rights. It was not an enquiry mission; and while it
permitted to the Commission to get a better grasp of the prevailing situation in
Mauritania, the mission did not gather any additional specific information on the
alleged violations, except on the issue of slavery. The present decision is therefore
based on the written and oral declarations made before the Commission over the past
six years.
88. In the case under consideration, no indication from the government, with the exception
of the issue of slavery, seeks to refute the facts adduced in the communications. The
representative of the government, who appeared before the Commission at the 19th
session and subsequent sessions, admitted that the communications of which the
Commission was seized “deal with a naturally deplorable, but peculiar and exceptional
situation [...] that has in any case since been surmounted... ”. And according to the
government, “most of the issues raised have already been resolved, others are in the
process of being settled”. It claims, as regards the ex-prisoner civil servants that “the
démarches undertaken by those who have constituted themselves into a collective are
the result of manipulations of the opposition…” with the aim of countering
government action.
89. Though the above-mentioned declaration by the government representative could have
constituted a basis for an amicable solution, such a solution could only take place with
the agreement of the parties. However at least one of the complainants has clearly
indicated that a resolution can only be reached on the basis of some specific conditions,
of which none has so far been met to its satisfaction. While it appreciates the
government’s good will, and hopes to collaborate with it in future to ensure the
effectiveness of the settlement of the damages suffered by all the victims of the events
described above, the Commission has an obligation to adjudge on the clearly stated
facts contained in the various communications. More so as it does not consider
acceptable the position of the government that the atrocities and other assassinations
committed within the military institution were “an internal affair of the army; that the
army had conducted its own inquiry, following which appropriate sanctions were
meted out to those military men who were found guilty”.
90. Article 7 of the Charter stipulates that:
Every individual shall have the right to have his cause heard. This comprises:
a)
b)
The right to appeal to competent national organs against acts violating his
fundamental rights...;
the right to be presumed innocent until proved guilty by a competent
court or tribunal;
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