Charter.
119. Article 4 of the Charter stipulates that: "Human beings are inviolable. Every human being shall be
entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right."
120. Following the November 1987 trial, which already violated the provisions of Article 7, three army
lieutenants were sentenced to death and executed (para. 10). The trial itself constituted a violation of the
African Charter. Furthermore, the Commission is of the view that the executions that followed the said trial
constitute a violation of Article 4. Denying people food and medical attention, burning them in sand and
subjecting them to torture to the point of death point to a shocking lack of respect for life, and constitutes a
violation of Article 4 (see para. 12). Other communications provide evidence of various arbitrary executions
that took place in the villages of the River Senegal valley (see para. 18 and 19) and stress that people were
arbitrarily detained between September and December 1990 (see para. 22). The Commission considers
that there were repeated violations of Article 4.
121. Article 16 of the Charter states that:
1. "Every individual shall have the right to enjoy the best attainable state of physical and mental health.
2. State 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 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 a 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, (para. 5, 8, 10, 11 and 12) and depriving them of 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 a 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: "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."
128. 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.
129. Article 2 of the Charter states that: "Every individual shall be entitled to the enjoyment of the rights and
freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race,
ethnic group, colour..."
130. The representative of the government as well as the authors of the communications declared that
many Black Mauritanians were forced to flee or were detained, tortured or killed because of the colour of
their skin, and that the situation in Mauritania became explosive due to the extreme positions adopted by
the francophone and arabophone factions that were in opposition to each other in the country.
131. Article 2 of the Charter lays down a principle that is essential to the spirit of this convention, one of
whose goals is the elimination of all forms of discrimination and to ensure equality among all human beings.
The same objective under-pins the Declaration of the Rights of People Belonging to National, Ethnic,
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