Malawi African Association and Others v. Mauritania

Between 1986 and 1992 violence escalated between the northern Mauritanian population and the southern black ethnic groups. The Northern Mauritanian population's military raided the south, detained hundreds of individuals, imposed curfews, and inflicted various forms of violence and intimidation. The complaint notes that men from the southern black ethnic groups were subjected to forms of torture and humiliation (such as the "jaguar" where a "victim's wrists are tied to his feet . . . [,] then [he] is suspended from a bar and kept upside down, sometimes over a fire, and is beaten on the soles of his feet") while the women were "simply raped." The Commission determined that the mass rape and other forms of violence violated the African Charter, in particular Article 6. Article 6 states that "every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law." The Commission requested that the respondent state compensate the victims of the violations and carry out an assessment of the "deep-rooted causes" of the "degrading practices" (it did not specify whether it considered these practices to include rape).

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