6. Article 19: “All peoples shall be equal; they shall enjoy the same respect and shall have the
same rights. Nothing shall justify the domination of a people by another”.
Law
Admissibility
76. Communications 54/91, 61/91, 98/93, 96/93, 164/97 – 196/97 and 210/98 allege cases of grave
and massive violations of human rights attributed to the Mauritanian State.
77. In the African Charter on Human and Peoples’ Rights, admissibility is governed by Article 56,
which defines all the conditions that communications must meet in order to be considered. These
criteria are applied with due regard to the specificity of each communication. The case under
consideration, of which the Commission was seized through the present procedure, is a combination
of four communications which it decided to consider together in view of the similarity of the facts
related. The Commission had previously taken the same decision regarding communications
submitted against Benin, Zaïre and Rwanda (Cf. decisions on communications 16/88, 17/88,
18/88, 25/89, 47/90, 56/91, 100/93 Legal Assistance Group/ Zaïre, and 27/89, 46/91, 49/91, 99/93
World Organisation against Torture, International Association of Democratic Jurists, International
Commission of Jurists and Inter-African Human Rights Union / Rwanda) . All these communications
were submitted by non-governmental organisations and they all allege various violations that are interrelated and similar.
78. Article 56(1) of the Charter demands that anyone submitting communications to the Commission
relating to human and peoples’ rights must reveal their identity. They do not necessarily have to be the
victims of such violations or members of their families. This characteristic of the African Charter
reflects sensitivity to the practical difficulties that individuals can face in countries where human rights
are violated. The national or international channels of remedy may not be accessible to the victims
themselves or may be dangerous to pursue.
79. In the above-mentioned decisions, the Commission recognised that in a situation of grave and
massive violations, it may be impossible to give a complete list of names of all the victims. It will be
noted that article 56(1) demands simply that communications should indicate the names of those
submitting and not those of all the victims of the alleged violations.
80. Article 56(5) of the Charter demands that the complainants must have exhausted internal
remedies, where these exist, before the Commission can be seized of a communication. The
Commission maintains that one of the justifications for this demand is that the accused state should be
informed of the human rights violations it is being accused of, to provide it with an opportunity to
redress them and save its reputation, which would be inevitably tarnished if it were brought before an
international jurisdiction. This provision also enables the African Commission on Human and Peoples’
Rights to avoid playing the role of a court of first instance, a role that it cannot under any
circumstances arrogate to itself.
81. The Mauritanian state was informed of the worrying human rights situation prevailing in the
country. Particular attention, both within the national and international communities, was paid to the
events of 1989 and succeeding years. Even if it were to be assumed that the victims had instituted no
internal judicial action, the government was sufficiently informed of the situation and its representative,
on various occasions, stressed before the Commission that a law known as the “general amnesty” law,
dealing with the facts arraigned was adopted by his country’s parliament in 1993. The Mauritanian
government justified the said law with the argument that “the civilians had benefited from an amnesty
law in 1991, and consequently the military wanted to obtain 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.