Decided Cases

373/05 – Interights, IHRDA and Association Mauritanienne des Droits de l’Homme (Review of 242/01) / Mauritania

By September 30, 2013 May 27th, 2014 No Comments

Brief Facts

The above communication is a review of the African Commission on Human and Peoples’ Rights (ACmHPR) decision in communication 242/01 filed by Interights, IHRDA and Association Mauritanienne des Droits de l’Homme against Mauritania.

Issues

–          Whether the ACmHPR acted infra petita;

 

–          Whether the decision of the commission guaranteed the requirement of impartiality.

 

The ACmHPR did not address following alleged violations (infra petita)

Article 1 – Obligation of member states to give effect to the African Charter

Article 2 – Freedom from d Discrimination

Article 14 – Right to Property

Status of the communication

The ACmHPR held that the respondent state violated Article 1 and 14 of the African Charter but did not violate Article 2.

On the issue of impartiality the ACmHPR held that the commissioner who was also a national of the respondent state did not take part in the deliberation of this communication.

This decision was made at 8th Extra-ordinary session of the ACmHPR held in Banjul, The Gambia.