2.
States Parties to the present Charter shall take the necessary measures to
protect the health of their people and to ensure that they receive medical
attention when they are sick.
122.
The State’s responsibility in the event of detention is even more evident to the
extent that detention centres are of its exclusive preserve, hence the physical
integrity and welfare of detainees is the responsibility of the competent public
authorities. Some prisoners died as a result of the lack of medical attention. The
general state of health of the prisoners deteriorated due to the lack of sufficient fool;
they had neither blankets nor adequate hygiene. The Mauritanian State is directly
responsible for this state of affairs and the government has not denied these facts.
Consequently, the Commission considers that there was violation of article 16.
123.
Article 18(1) states that:
The family shall be the natural unit and basis of society. It shall be protected by the
State…
124.
Holding people in solitary confinement both before and during the trial, and during
such detention, which is, on top of it all, arbitrary, (paras 5,8,10, 11 and 12)
depriving them their right to a family life constitutes a violation of article 18,1.
125.
Article 12,1 states that:
Every individual shall have the right to freedom of movement and
residence within the borders of the State provided he abides by the law.
126.
Evicting Black Mauritanians from their houses and depriving them of their
Mauritanian citizenship constitutes a violation of article 12,1. The representative
of the Mauritanian government described the efforts made to ensure the security of
all those who returned to Mauritania after having been expelled. He claimed that
all those who so desired could cross the border, or present themselves to the
Mauritanian Embassy in Dakar and obtain authorisation to return to their village of
birth. He affirmed that his government had established a department responsible for
their resettlement. The Commission adopts the view that while these efforts are
laudable, they do not annul the violation committed by the State.
127.
Article 14 of the Charter reads as follows:
128.
The right to property shall be guaranteed. It may only be encroached upon in the
interest of public need or in the general interest of the community and in
accordance with the provisions of appropriate laws.
The confiscation and looting of the property of black Mauritanians and the
expropriation or destruction of their land and houses before forcing them to go
abroad constitute a violation of the right to property as guaranteed in article 14.
22