Mauritania
28.06.01
Urgent Interventions

Mauritania: Opposition party members sentenced

Case MRT 170401.1
Follow-up of Case MRT 170401

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Mauritania.

New Information

The International Secretariat of OMCT has been informed by SOS-Esclaves and Rencontre Africaine pour la défense des Droits de l’Homme (RADDHO), both members of the OMCT network, that Mauritanian Popular Front (MPF) opposition party president Mr. Mohamed Lemine Ch'Bih Ould Cheikh Malainine, and party members Mokhtar Ould Haibetna and Bouba Ould Hassann, have been convicted and sentenced to 5 years imprisonment, on June 14th. Mr. Ch'Bih was arbitrarily arrested on April 8th, 2001 and was initially detained incommunicado for 10 days.

According to the information received, the three detainees were convicted on charges of conspiracy to commit acts of sabotage and terrorism. The charges have not been backed by any evidence and it appears that their arrest and subsequent sentencing has been politically motivated. The trial began on 28th May 2001 at a criminal court in Aioun. The trial was moved to Aioun from the capital city of Nouakchott after demonstrations were held to protest the arrest, during which the Mauritanian police reportedly used teargas to disperse the protestors. At first, Mr. Ch'Bih's lawyers had withdrawn in protest at procedural irregularities and concerns that the court could not deliver a fair trial, but they subsequently returned to the case, at the request of Mr. Ch’Bih, despite perceived irregularities in the way that the trial was being conducted. The lawyers have said that they will appeal the conviction, and officials from the MPF have announced that they were filing an appeal with the Supreme Court on June 19th, 2001.

One trial observer from the African Assembly for the Defence of Human Rights was able to attend several hearings of the trial. However, two other observers from the Moroccan Bar Association and the International Freedom of Human Rights Leagues (FIDH) respectively were prevented from attending the trial.

According to the information received, an group has been created to protest against the conditions under which the trial in question has been held, basing itslef on the model provided by a similar group which protested on behalf of Guinean opposition party member Alpha Condé, who had also been sentenced to 5 year in prison under similar circumstances in his country, but was released on May 18th following a presidential pardon. This group, which is known only as the “Collectif pour la libération de Cheikh Malainine,” has reportedly already approached the African Commission on Human Rights and the UN Committee on Arbitrary Arrest, Detention and Exile.

OMCT is gravely concerned about Mr. Ch'Bih, Mr. Haibetna and Mr. Hassan’s physical and psychological integrity, as well as their arbitrary arrest and the procedural irregularities of their trial, leading to what is deemed to be and unfair and unsubstantiated prison sentence. More generally, OMCT is concerned about the Mauritanian Government’s harrassment of political opposition party members.

Brief reminder of the situation

According to the information received, Mr. Ch'Bih, the President of the Popular Front opposition party, was arrested at his home on April 8th, 2001 by a brigade of State Security officials, and is accused of conspiracy and plotting acts of violence. The authorities performed a search of his house in his presence, and reportedly terrorised his family. Mr. Ch’Bih has been held incommunicado since then in the district of Nouakchott regional police headquarters premises.

On April 17th, 2001, Mr. Ch’Bih’s family and lawyers finally managed to negotiate access to the detainee, although access to the documents regarding the case have not been granted, suggesting that due legal process may not be observed by the authorities. Furthermore, OMCT is gravely concerned for Mr. Ch'Bih's physical and psychological integrity during his detention by the Mauritanian authorities.

Action requested

Please write to the authorities in Mauritania urging them to:

1. take all necessary measures to guarantee Mr. Ch'Bih, Mr. Haibetna and Mr. Hassan’s physical and psychological integrity;
2. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
3. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· President of the Republic, Son Excellence Monsieur le Président Maaouiya Ould Sid 'Ahmed Taya, Président de la République, La Présidence -BP 184, Nouakchott – Mauritania. Fax : +222 2 52406 or +222 2 59801.
· Minister of the Interior, Monsieur Dah Ould Abdel Jelil, Ministre de l'Intérieur, des Postes et des Télécommunications Ministère de l'Intérieur, des Postes et des Télécommunications BP 195, Nouakchott – Mauritania. Fax : +222 2 53661
· Minister of Justice, Monsieur Mohamed Salem Ould Merzoug, Ministre de la Justice, Ministère de la Justice - BP 350, Nouakchott – Mauritania. Fax : +222 2 57002 or +222 2 54995.
· Public Prosecutor, Mohamed Yeslem Ould Jidimou, Procureur de la République, Palais de Justice, Nouakchott - Mauritania Telegrams: Procureur République, Nouakchott, Mauritania.

Please also write to the embassies of Mauritania in your respective country.

Geneva, April 28th, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.