Mauritania: Prisoners of conscience sentenced to five years in prison

The three men were convicted on 14 June by Aioun criminal court on charges of conspiracy to commit acts of sabotage and terrorism. Their lawyers have alleged numerous serious irregularities and initially withdrewfrom proceedings in protest. At the request of Mr Chbih, the lawyers laterconsented to represent the three men, while making clear their concern atgovernment inference and other irregularities.

During the trial, both prosecution witnesses were dismissed asunreliable. Lawyers had already objected to their testimony as the two menwere originally arrested with Mr Chbih, then presented as prosecutionwitnesses by the police, rather than the court. One of the two menacknowledged in court that he was a police informant. Their incriminatingtestimony formed the bulk of the evidence against Mr Chbih. Also used asevidence against the three men were their signed statements, all of whichwere contested. Mr Chbih alleged that his was obtained under duress duringpolice interrogation when he was held incommunicado. He alleged furthermorethat he had been drugged by the police. His two co-detainees reportedlysigned statements written in French although they are not French speaking.

Further irregularities raised by defence lawyers included the factthat Mr Chbih was held incommunicado after his arrest, the use of theflagrant délit procedure, and the transfer of the case from Nouakchott toAioun which did not follow the procedure set down in law. Furthermore,under Mauritanian law, when the judges withdraw to decide on the verdict,they must not leave the court before coming to an agreement to preventinterference. However, two judges left the court for at least 30 minutes atthis stage of the trial, calling into question for some observers theirindependence.

Two trial observers from the Moroccan Bar Association and theFédération internationale des ligues des droits de l'homme (FIDH),International Federation of Human Rights Leagues, were prevented fromattending the trial, although an observer sent by the Senegalese Rencontreafricaine des droits de l'Homme (RADHO), African Assembly for the Defenceof Human Rights, attended the trial.

"The charges against the men are without foundation, and theirconviction is intended solely to stifle political opposition,"AmnestyInternational said. The organization considers all three men to beprisoners of conscience.

There is only a limited appeals procedure open to the three men whohave submitted a "cassation" plea to the Supreme Court on the grounds ofgross errors of law.

BackgroundMohamed Lemine Chbih Ould Cheikh MelaVnine was arrested at his home in thecapital, Nouakchott, on 8 April 2001. Six days after his arrest, Mr Chbihand two other FPM supporters, Mokhtar Ould HaVbetna and Bouba Ould Hassena,were charged with conspiracy to form an armed group with the intent ofcarrying out acts of terrorism.

After his arrest, Mr Chbih was held incommunicado by the police until12 April, when he was transferred to Nouakchott civilian prison. He wasbrought before Nouakchott criminal court on 10 May, but the case wasadjourned to allow time for witnesses to be summoned. Followingdemonstrations in support of Mr Chbih by FPM supporters, the Supreme Courtruled on 13 May that the case should be transferred to a court in theprovincial town of Aioun, some 800 km east of Nouakchott, near the borderwith Mali.

All three men are now detained in Aioun prison, where conditions arereported to be particularly harsh. Its distance from Nouakchott makes itdifficult for family members to visit them.

The imprisonment of Mohamed Lemine Chbih Ould Cheikh Melaïnin and twoother members of the FPM occurs in the context of widespread repression ofpolitical opponents of the government, political activities of theopposition, the press and human rights organizations.