informed the Mr. Seyid ould Kayellani, of the purpose of the CPTA Mission to
Mauritania. She noted that the judiciary, being one of the most important
institutions in the promotion and protection of human rights, it was only fitting
that the delegation of the African Commission call on the President of the
Supreme Court to learn how the judiciary in Mauritania was ensuring that
citizens enjoy their rights. She also wanted to know how judicial independence
was assured, the role of the judiciary as a whole in the application of laws,
oversight of detention conditions and the fight against slavery and torture. She
informed the Mr. Seyid ould Kayellani, that after the Mission, the CPTA would
prepare a Report, which would be forwarded to the Government for comments
before it is published.
70. In his response, Mr. Seyid ould Kayellani thanked the delegation for having
found time to come to Mauritania and for the visit to his Chambers. He was of
the view that most judges in Mauritania are not aware of the African Charter and
the activities of the African Commission, and noted that it is important that from
time to time, the African Commission should make such visits to publicize itself.
He informed the delegation that despite some political challenges which the
country has gone through, Mauritania is ruled by a democratic constitution and
Judges are committed and obligated to respect human rights. He stated that the
Supreme Court is the symbol of judicial power in Mauritania and that the new
regime has been doing much to guarantee the independence of the judiciary,
which had before then, been totally under the control of the Executive.
71. On the practical application of laws, especially the law against slavery and
safeguards against the risk of torture and ill-treatment, Mr. Seyid ould
Kayellani admitted that this was still fraught with a lot of difficulties. He
outlined in detail, the organization of the judiciary in Mauritania and described
the criminal procedure from arrest through incarceration or release. He also
informed the delegation about the various guarantees against torture and illtreatment contained in the Mauritanian Criminal Procedure Code. He regretted
the fact that some of these guarantees are not often respected especially by the
police and blamed this on the lack of legal aid and human rights training which
he said was largely absent in Mauritania. He informed the delegation that the
Supreme Court has been making efforts for legislation on legal aid to be enacted
but this has for long been blocked at the level of the Ministry of Justice despite
the fact that the Government has consented to it and funds made available for
that purpose. He said there were no lawyers in the courts in the interior of the
country and emphasized the need for the government and the Bar Association to
make sure that legal assistance is available in any part of the country.
72. On slavery, the president stated that the courts have been very active in fighting
against the practice and stated that many slavery cases have been tried in the
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