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.
– 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 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.