within the prison courtyard, a "privilege" that was previously denied to them. However, they were still
denied visits as a policy, while their Arabo-Berber compatriots had the right to receive anyone, including
their spouses.
74. Immediately after the release of the Arabo-Berbers, the black Africans were thrust back to the difficult
gaol conditions to which they had previously been subjected, which consisted, remarkably, of keeping them
chained in pairs during the whole day, with all inconveniences arising from such a situation, hard labour,
fetching water, etc. These inhuman prison conditions, coupled with poor nourishment and lack of hygiene
are said to be the cause of the above-mentioned deaths of four of their co-detainees (two military and two
civilians).
75. The Mauritanian Human Rights Association claims violation of the following provisions of the African
Charter of Human and Peoples' Rights:
1. Article 2: "Every individual shall be entitled to the enjoyment of the rights and freedoms recognized
and guaranteed in the present Charter without distinction of any kind such as race, ethnic group,
colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or
other status";
2. Article 4: "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";
3. Article 5: "Every individual shall have the right to the respect of the dignity inherent in a human
being and to the recognition of his legal status. All forms of exploitation and degradation of man
particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment
shall be prohibited";
4. Article 15: "Every individual shall have the right to work under equitable and satisfactory conditions,
and shall receive equal pay for equal work";
5. Article 16: "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"[[/span]];
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, Za?re and Rwanda (Cf.
decisions on communications 16/88, 17/88, 18/88, 25/89, 47/90, 56/91, 100/93 Legal Assistance Group/
Za?re, 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 inter-related 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.
8