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.
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 State 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 pact sunt servanda. It consequently has the duty to
adjust its legislation to harmonise it with its international obligations. And, as this Commission 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)1 .
85. Finally, the Commission interprets the provisions of Article 56(5) in the light of its duty to protect human
and peoples?? 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 <. In
addition, the amnesty law adopted by the Mauritanian parliament rendered obsolete all internal remedies.
For these reasons, the Commission declares the communications admissible.
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