the same benefits; especially as they had given up power after allowing the holding of presidential (1992) and legislative (1993) elections”. 82. The Commission notes that the amnesty law adopted by the Mauritanian legislature had the effect of annulling the penal nature of the precise facts and violations of which the plaintiffs are complaining; and that the said law also had the effect of leading to the foreclosure of any judicial actions that may be brought before local jurisdictions by the victims of the alleged violations. 83. The Commission recalls that its role consists precisely in pronouncing on allegations of violations of the human rights protected by the Charter of which it is seized in conformity with the relevant provisions of that instrument. It is of the view that an amnesty law adopted with the aim of nullifying suits or other actions seeking redress that may be filed by the victims or their beneficiaries, while having force within Mauritanian national territory, cannot shield that country from fulfilling its international obligations under the Charter. 84. Also, the Islamic Republic of Mauritania, being a party to the African Charter on Human and Peoples'Rights, has no basis to deny its citizens those rights that are guaranteed and protected by an international convention, which represents the minimum on which the States Parties agreed, to guarantee fundamental human freedoms. The entry into force of the Charter in Mauritania created for that country an obligation of consequence, deriving from the customary principle pacta sunt servanda. It consequently has the duty to adjust its legislation to harmonise it with its international obligations. And, as this Comission has previously had to emphasise, “contrary to other human rights instruments, the African Charter does not allow for derogation from obligations due to emergency situations. Thus, even a situation of civil war […] cannot be cited as justification for the violation by the State or its authority to violate the African Charter” (cf. communication 74/92, para. 36). 85. Finally, the Commission interprets the provisions of article 56,5 in the light of its duty to protect human and people’s rights as stipulated in the Charter. The Commission does not believe that the condition that internal remedies must have been exhausted can be applied literally to those cases in which it is “neither practicable nor desirable” for the complainants or the victims to pursue such internal channels of remedy in every case of violation of human rights. Such is the case where there are many victims. The gravity of the human rights situation in Mauritania and the great number of victims involved renders the channels of remedy unavailable in practical terms, and, according to the terms of the Charter, their process is "unduly prolonged”. In addition, the amnesty law adopted by the Mauritanian parliament rendered obsolete all internal remedies. For these reasons, the Commission declares the communications admissible. Merits: 15

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