Decision of the African Commission
65. In view of the above, the Commission finds that:
i. the decision on the merits of Communication Communication 242/2001 –Interights, Institute for Human Rights and Development in Africa, and Association Mauritanienne des Droits de l’Homme/Islamic Republic of Mauritania is infra petita, to the extent that it did not address itself to the allegation of violations of Articles 1, 2 and 14 of the African Charter;
ii. the Respondent State did not violate Article 2 of the African Charter;
iii. the Respondent State violated Articles 1 and 14 of the African Charter;
iv. the Complainants have not discharged their burden of proof with respect to the allegation of partiality, and relying on the presumption of regularity, concludes that the Commission acted correctly and in good faith.
66. The African Commission recommends that:
1. the Respondent State should pay adequate compensation to the victim for the loss suffered;
2. the Respondent State should take steps to ensure that its law on freedom of association, in particular the establishment and functioning of political parties, is in conformity with the provisions of the Charter;
3. the Respondent State should inform the African Commission on measures adopted to implement these recommendations within 180 days of receipt of this decision.
Adopted at the 8th Extraordinary Session of the African Commission on Human and Peoples’ Rights, Banjul, The Gambia.
