A/HRC/34/54/Add.1
III. Assessment of the situation
A.
Torture and ill-treatment
14.
Mauritania has emerged from a past under military rule and the devastating events of
the late 1980s and early 1990s (the so-called “passif humanitaire”), during which gross
human rights violations were perpetrated or encouraged by the Government and during
which the forced deportation of Mauritanian citizens, in particular members of various
black ethnic groups, was the norm. Although most victims of those violations are still
awaiting remedies, including prosecutions for international crimes such as torture,
Mauritania has since improved the human rights situation on the ground and strengthened
its engagement with international and regional human rights frameworks.
15.
While acts of torture and ill-treatment are no longer rampant in Mauritania, they still
occur frequently. While recognizing the State’s limited resources, the Special Rapporteur
stresses the need for political will and urgent action to put into practice existing laws and
safeguards and ensure that current practices and existing conditions do not give rise to
torture or other ill-treatment or punishment.
1.
During arrest and detention (extraction of confessions)
16.
Both the national police and the paramilitary forces (the gendarmerie and the
national guard) can act as judicial police and have powers of arrest and interrogation.
Generally, the police operates in cities and towns, whereas the gendarmerie is responsible
for areas outside urban centres. The national guard is less involved in arrests and
interrogations. When acting as judicial police, the gendarmerie, while nominally
subordinate to the Ministry of National Defence, reports directly to the public prosecutor, as
does the national police.
17.
Police and gendarmerie stations are equipped with small lock-ups of between one
and two cells. Suspects can be deprived of their liberty during the judicial investigation for
a limited time depending on the charge.2 Police custody is initially imposed by the judicial
police and immediately reported to the relevant public prosecutor, who is thereafter
responsible for the detainee.
18.
The Special Rapporteur received numerous credible testimonies from detainees and
other individuals in contact with law enforcement about the use of torture and other illtreatment, particularly in the early stages of arrest and detention. Aspects of the “culture of
torture” that characterized the military regimes remain in police and gendarmerie units,
which have few means of conducting serious investigations and often resort to ill-treatment
to extract confessions.
19.
While it seems that physical and mental pressure is exerted on detainees mostly
during interrogations for more serious crimes, it is reportedly also exerted for
misdemeanours and ordinary crimes. The perception that the harshness of the treatment is
related to the social, economic or even ethnic background of the suspect, with a bias against
impoverished members of society and those not possessing social or family connections, is
widespread.
20.
Forensic evidence corroborates reports of physical trauma and transitory physical
injuries caused by beatings (often with clubs), occasional blows with blunt objects,
punches, kicks with boots, slaps, the cuffing of hands and feet, and the forced placement in
2
For the length of time that suspects can be deprived of their liberty, see paras. 75-83.
5
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