A/HRC/34/54/Add.1
102. The National Human Rights Commission has a mandate to monitor all types of
detention centres through unannounced visits and confidential interviews with inmates and
their families, in accordance with its founding legislation (see Law No. 2010-031 of 20 July
2010, art. 4). However, allegedly owing to limited resources, the Commission has been
unable to pursue such visits since 2012.20
103. Consequently, the operationalization of the National Preventive Mechanism against
Torture, following the adoption of Law No. 2015-034 and in accordance with the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, is of utmost urgency. The Mechanism will be authorized to
conduct scheduled and unscheduled visits to all places of deprivation of liberty and to
receive and channel complaints to the competent authorities (art. 3).
104. The Special Rapporteur welcomes the appointment in April 2016 of the members of
the Mechanism and stresses the importance of providing the Mechanism with full
administrative and financial autonomy to carry out its mandate. Its set-up should guarantee
complete impartiality and independence and its members must act with integrity and
professionalism. Access to all locations where individuals are deprived of their liberty must
be guaranteed, including detention facilities, penitentiaries, gendarmerie and police stations
and other, less traditional, places of deprivation of liberty.
105. It is furthermore hoped that the Mechanism can contribute to establishing the right to
complain not only in law but also in practice, by serving as an additional means for
channelling complaints of torture and ill-treatment (while not replacing the responsibilities
of prosecutors and magistrates).
7.
Impunity for crimes of the past
106. The Special Rapporteur welcomes the efforts made by the Government of
Mauritania and civil society to adress the serious and widespread human rights violations
that occurred during the passif humanitaire in the late 1980s and early 1990s.
107. Unresolved matters remain, however, and cannot simply be wished away. While the
Special Rapporteur recognizes the utility of laws such as the 1993 amnesty law, he also
recalls that, for Mauritania to enter a new era of social unity, under international law a
blanket amnesty cannot be applied to prevent the investigation of international crimes, a
category that includes torture, mass deportation and extrajudicial killings. Such offences
must be investigated and those responsible must be prosecuted and punished; amnesties and
statutes of limitations must not be applied.
108. To this day, no independent investigation has been conducted into the crimes
committed during the passif humanitaire, and no one has been brought to justice. Victims
of the crisis, in particular torture victims, and their families must have effective remedies
available to them.
109. The ongoing impunity for these past crimes continues to be an obstacle to
reconciliation in Mauritania, causes mistrust between communities and breeds impunity for
abuses committed today. The Special Rapporteur calls upon the Government of Mauritania
to address this issue urgently and to bring alleged perpetrators before a court of law.
20
18
See the annual report of the National Human Rights Commission on the situation of human rights in
Mauritania, covering the period 2013-2014.
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