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.