Lax on Terrorists, Brutal on Journalists

General Aziz: lax on terrorist, brutal on journalists

As anounced in my previous post, the Mauritanian supreme court examined Hanevy’s case and decided that his conviction was illegal. Shockingly, it ordered a second trial for him and kept him in jail to await a new trial for unspecified charges.

According to his defense team leader Attorney Brahim Ould Ebety, contacted by this blogger via phone, “this is a highly illegal procedure”. As hard as it is to believe, but it is also “the first time in all of Mauritania’s history that a case has been handled this way”. Here is why:

1- No laws sanctions electronic publications/content: Hanevy’s conviction on the charge of publishing “indecent content” is an aberration; no Mauritanian law on the books at the time of the trial sanctions, regulates or covers any electronic publications. Despite the judge’s explicit admission of this fact in his ruling, he still went ahead and convicted him nonetheless.

2- The attorney general violated the constitution and prison procedures: per the constitution, and the rules of procedure, Hanevy should have been released on the day he finished his sentenced because the law says very clearly that for a prisoner to be kept in prison, the warden should receive a duly signed order from a judge to admit a prisoner in. It has to be issued for this action to be taken as orders cannot be retroactively reissued.

3- The attorney general completely disregarded the rules and procedures of filing a motion to the supreme court on a case as it is clearly stipulated that should such a move be undertaken, the defense attorney should be notified in advance and has a a 15 day period to respond, then and only then, the case can be legally reviewed by the supreme court.

The reason for this extensive illegal jockeying is the government’s attempt to coverup its bad decisions, as it knows that it is standing on no legal grounds whatsoever, while still punishing Hanevy. In plain colloquial english, they know they messed up but they want another shot only to get the job done right this time. Let’s be clear here, General Aziz is personally out to punish Hanevy for his unrelenting criticism of his regime and methods.

Incredibly, Mr Ahmedou Tidjane Bal, the head of the supreme court was a former legal advisor to the Burundi UN office , and in more recent times a justice minister. He is seen here blithering a few days before Hanevy’s arrest last june at the UN human rights council in Geneva about human rights progresses in Mauritania. This detail is relevant as Mr Bal has a history of violating laws and procedures to satisfy his boss’ political agenda. The latest was his refusal as justice minister to order a district attorney to release former Prime Minister Ould Elwaghef when he was detained in another political witch hunt last year.

Salvador Dali, could not have imagined a better picture to paint; while General Aziz is unleashing his anger on a news website editor, he is fully engaged in a “dialogue” with terrorists validating the Ali Abdullah Saleh axiom: “lax with terrorists, tough with journalists”

A few days ago, the Mauritanian government through representatives from the justice, interior, and Islamic guidance ministries engaged in a bizarre exercise allowing the tenors of Mauritania’s Salafist movement to dialogue with self-confessed Al Qaeda terrorists including Sidina Ould Sidi arrested for shooting French tourists in December 2007, and for rampaging in Nouakchott after escaping from prison to be captured later by French Intelligence in Guinea.

The subject of this charming discussion has been the theory of Jihad, with the “nice” Salafists trying to convince the Al-Qaeda Jihadists, in the words of Ould Sidina, the killer of at least 5 people:

We have always called for dialogue through press interviews and are not against it, but we shall not give up our ideas until we are provided with proof from the Qur’an and the Sunna showing us any errors we may have committed. Otherwise, the other side should follow our opinions if they are are proven correct.

A guard in Nouakchott’s Central Prison is quoted by Saharamedia saying while his colleagues were busy scrubbing the floor and setting up a podium for the next round of dialogue:

This is the first time ever that a podium is set up in the prison to conduct a dialogue. There is no doubt that this is a historical event. We are setting up the space between Mauritania’s ulema and the terrorist (sic.) this looks like a big deal.

Yes, it is a big deal. Khalid Sheikh Mohamed and his fellow terrorists around the world are getting a raw deal. They are never allowed to speak publicly, nor is their terrorist ideology given a platform.

As you can see, the “new Mauritania” under the rule of General Mohamed Ould Abdelaziz is a land where journalists who believe in the rule of law and freedom of speech are crushed, and murderous Al-Qaeda terrorists are free to voice their opinions with the full blessing of said government.

This is an outrage.

When the Magic Turns on the Magician

Hanevy during his American sojourn

Hanevy Ould Dahah should in theory have his day at the supreme court today (Jan 14) after being suddenly summoned to appear before the highest court in the land. Except that the proceeding will be illegal. Make no mistake, the Mauritanian government did not suddenly discover that it erred in this case, it is merely trying to coverup its already highly illegal treatment of Hanevy. In fact, the authorities may convict him to another sentence!

His lawyers led by veteran human right activist attorney Brhaim Ould Ebetty hit back with a complaint duly filed against the officials involved in Hanevy’s extrajudicial punishment. For the record, they are:

– Ly Amadou Ciré, district attorney at Nouakchott’s regional court
– Ahmed Ould Wely, government attorney at the appeals court
– Mariata Kane, penitentiary service and penal affairs director
– Ahmed Ould Cheikh, the Dar Naim prison facility warden

In an interview on Taqadoumy, Ould Ebetty  is paraphrased explaining this round of government legal jockying:

Whether it yields a release or an additional sentence, the outcome of tomorrow’s hearing is illegal and will not be accepted by Hanevy or his defense [team] we have already shown what the law says on this matter in our last affidavit to the supreme court.

Still according to Ould Ebetty, the defense team is also considering taking Hanevy’s case before international courts in case the Mauritanian supreme court fails in its duties to restore Hanevy’s freedom.

Incidentally, in another twist, the complaint against the officials behind Hanevy’s detention was filed with..District Attorney Ly Amadou Ciré, the very same who initiated this entire mess. He lodged the complaint and delivered the plaintiffs with a receipt, exactly as mandated by law.

Although it is easy to blame Messieurs Ciré et al for their manifest lack of moral courage, they are not the ones to blame. Hanevy’s ordeal is sanctioned by the highest authorities in Mauritania: General Mohamed Ould Abdelaziz. The system Mauritanians live under is such that he, and he alone, has the power of life and death on anyone foolish enough to cross him.

Buckle your seat belts and cross your finger.

Hunger Strike Over

The House of Bliss

After a major scare, reported in the previous post, Hanevy issued a letter announcing his decision to end his hunger strike. While his decision is wise given his health situation, and despite the government’s determination to keep him in jail where he remains.

His decision came after his former Qur’anic teacher Sheikh Mohamed Vall Ould Abddallhi Bah (a prominent cleric) asked him to do so to preserve his life arguing that “all Abrahamic faiths forbid the infliction of self-harm.”

After providing the context of his decision to enter a hunger strike to protest his arbitrary detention, Hanevy thanked all those who supported him and showed solidarity with him, he further explained his decision saying:

I cannot turn down the request of my teacher, a man of God, who never sought the favor of any ruler nor any proximity to his court. I decided that as of today, 1/12/2010 I shall cease my hunger strike.

I recall here the advice I received through an intermediary from my friend, the great Tunisian human rights activist Moncef Marzouki; he recommended that I limit the period of my hunger strike given the severe health complications that might ensue. He gave me this advice as one of the most brilliant physicians in the Maghreb, and not as a courageous human rights advocate.

I took this decision in consultation with the Mauritanian Journalist Union

Contrary to earlier reports, his jailers refused to allow him to be transported outside the prison to receive treatment after his fall:

I cannot but state for the record the inhumane treatment I received in prison after I lost consciousness yesterday [Monday]  I was not transported outside of the prison to receive healthcare. The prison doctor turned off his phone all day long. This allowed the prison guards and the warden to hide behind the excuse that only the doctor could allow me to be moved to the National Hospital Center.

While courageous and inspiring, Hanevy clearly understands that we do not need martyrs, but outspoken journalists to keep rulers in check. After all, in the eyes of a despot, the only good journalist is a muzzled journalist.