Observatory for the Protection of Human Rights Defenders Annual Report 2004 - Mauritania
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Date:
14 April 2005
Campaign to slander human rights NGOs92
During the 65th session of the United Nations Committee on the Elimination of Racial Discrimination (CERD), held in Geneva from 2 to 20 August 2004, the Forum of National Human Rights Organisations (Forum des organisations nationales de défense des droits de l'Homme – FONADH) presented an alternative report to the sixth and seventh periodical reports submitted by the Mauritanian government.
On 5 September 2004, Mr. Hamoud Ould Abdi, Minister of Communication and Relations with the Parliament, and government spokesman, held a press conference in which he mentioned CERD's apparent glowing remarks about Mauritania. During the conference, the Minister said, inter alia: "our country which has made major achievements, has just scored another victory against all outcasts, extremists and racists in the country and those hostile organisations that support this lamentable bunch of traitors. This bunch of outcasts which ruminates false propaganda stoked by hate, with a noteworthy example being FIDH and other organisations that constantly are contriving demeaning blows against our people, who are peaceful and attached to their religious, moral, and civic values (...). Testimony by CERD provide unambiguous denial of the false allegations supported by parties that are trying to tarnish our high reputation and credibility and the consideration we enjoy on the international scene". Mr. Ould Abdi went on to single out several defenders who participated in the preparation of the alternative report, namely, Mrs. Fatimata Mbaye, a lawyer and president of the Mauritanian Association for Human Rights (Association mauritanienne des droits de l'Homme – AMDH), Mr. Abdoulaye Sow, vice-president of AMDH, Mr. Boubacar Ould Messaoud, chairman of the association SOS-Slaves (SOS-Esclaves) and Mr. Diabira Maroufa, chairman of the International Study and Research Group on Democracy and Economic and Social Development in Africa (Groupe d'étude et de recherche sur la démocratie et le développement économique et social – GERDDES-Afrique).
These statements were broadly disseminated, in particular by the Nouakchott-Info of 6 September 2004, which stated that "the results of the 65th session of CERD was a complete success, contrary to allegation by parties specialised in distorting the facts, and these marginal groups, apostles of racism, as well as hostile organisations that specialise in dishonest, hateful propaganda such as FIDH".
Several women belonging to the Association of Detainees' Families subjected to legal proceedings and arbitrary detention93
The Association of Detainees' Families (Collectif des familles de détenus) was created in September 2003 to defend the detainees' rights in the trial of the alleged perpetrators of the attempted coup of 8 and 9 June 2003 and denounce their conditions of detention -they are apparently being held in sheds and are not allowed to receive any visitors or medical care. More generally, the Collectif aims at defending the right to a fair trial in Mauritania.
On 21 November 2004, the national police forces (gendarmerie) arrested seven members of the Collectif – Mrs. El Moumne Mint Mohamed Elemine, Mrs. Raky Fall, Mrs. Khadijetou Mint Maghlah, Mrs. Teslem Mint Oumar, Mrs. Mariem Mint Neyni, Mrs. Fatimetou Mint Khaya and Mrs. Mariem Fall Mint Chenouve – during the opening session of the first hearing of the trial of the alleged putschists. These women, mostly mothers, sisters and wives of the accused, were taken to the Ouad Naga brigade where they were held in the hot sunshine, on the ground for the whole day. The brigade commander allegedly slapped Mrs. Mariem Mint Neyni, who was pregnant; she was released the next day.
On 22 November, Mrs. Meye Mint Hamady and Mrs. Fatma Mint Hamady, also members of the Collectif, were arrested when leaving the court room, after they protested to the gendarmes who were about the mistreat an elderly woman.
On 29 November, Mrs. Mariem Mint Neyni was arrested again.
The nine women were not told the grounds of their arrest but were questioned several times about the participation of two members of the Collectif in the 36th session of the African Commission for Human and Peoples' Rights (ACHPR), held in Dakar from 23 November to 7 December 2004.
On 30 November 2004, the nine women were accused of "having been caught in the act of distributing tracts" and "death threats", and were immediately transferred to the Nouakchott women's prison. Their friends and relatives were not allowed to visit them.
In the evening of 1 December, two guards took Mrs. Mariem Mint Neyni, who was about to give birth, to the Chiva clinic, where the baby was born. The guards, following the instructions they had received, sought to transfer the mother and her new-born back in the jail cell immediately after the delivery; thanks to requests from her lawyers, she was allowed to stay in the clinic and was released on parole on 5 December 2004.
On 6 December 2004, lawyers filed a request for the release on parole of the other eight women. Although the judge issued an order for their release for that same day, the Prosecution immediately lodged an appeal, thereby suspending the application of the order. The case was referred to the Nouakchott court of appeal.
The President of the Nouakchott Court of Appeal, on 16 December, supported the appeal lodged by the Prosecution and rejected the order for the release on parole of the eight women.
In the evening of 4 January 2005, the Prosecution of the Trarza regional court finally agreed to release the eight women. The women's lawyers immediately drew up an application for release that same day since the one-month warrant of commitment for the women had expired on 30 December 2004. The charges against these eight women and Mrs. Mariem Mint Neyni, who had been released earlier, were not dropped, and legal proceedings were still pending by end of 2004.
Threats against lawyers94
The lawyers of the alleged putschists were repeatedly threatened. Mr. Brahim Ould Ebety, the lawyer for the defence and secretary general of the International Study and Research Group on Democracy and Economic and Social Development in Mauritania (Groupe d'étude et de recherche sur la démocratie et le développement économique et social – GERDDES-Mauritanie), was threatened with arrest on 30 November 2004, the day after he intervened at the 36th session of the ACHPR under the agenda item on torture. On 1 December, Mr. Mohamed Ahmed Ould El Hadj Sidi, also a lawyer for the defence, was arrested before the hearing was resumed. He was accompanied by a relative of one of the detainees. The pretext for the arrest was that the relative tried to appear as if he was a lawyer by carrying Mr. Sidi's robe over his arm. He was released the same day, after several hours of detention.
[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]
91. See Annual Report 2003 and Open Letter to the Guinean authorities, 30 March 2004.
92. See Annual Report 2003.
93. See Urgent Appeals MRT 001/1104/OBS 089, 089.1, 089.2 and 089.3.
94. Idem.
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