9. Legislative power in Mauritania is vested in a bicameral parliament that
comprises an Upper Chamber, the Senate, and a Lower Chamber, the National
Assembly. Deputies of the National Assembly are elected for a five-year
renewable term through direct universal suffrage while Senators are elected for a
six-year renewable term by indirect universal suffrage and they represent local
authorities of the Republic.
10. Mauritania has a decentralized and devolved administrative organization. The
territorial organization has several administrative levels divided into thirteen
(13) Wilayas, fifty four (54) Moughataas and two hundred and sixteen (216)
municipalities. The division of powers between different levels of government is
organized in such a way that local communities and government work together
for political, economic and social development.
11. The Mauritanian judiciary is made up of first degree and second degree courts.
First instance courts are found at the level of the Moughataas and Wilayas and
second degree courts comprising three Courts of Appeal in Nouakchott,
Nouadhibou and Kiffa. The Supreme Court of Justice, made up of five chambers,
is the highest court of the land. The Constitutional Council determines the
constitutionality of laws and is made up of six judges. The Constitution
establishes the principle of the independence of the Judiciary and entrusts the
task of guaranteeing this independence to the President of the Republic who is
assisted in the task by the Judicial Service Commission.
V.
GENERAL LEGAL FRAMEWORK ON THE PROHIBITION OF TORTURE AND
OTHER FORMS OF ILL-TREATMENT
12. The 1991 Constitution of the Islamic Republic of Mauritania which was amended
in 2006, and again in February 2012 absolutely prohibits slavery and all forms of
degradation of the human being including torture, and other forms of cruel,
inhuman or degrading treatment or punishment, and considers these as crimes
against humanity.
13. Article 1 of Ordinance No 2007.36 on the Revision of Ordinance No 83.63
Instituting the Criminal Procedure Code provides among other things that
confessions obtained by torture, violence or coercion are inadmissible.
14. Article 15 of Law No 2010.07 of 20 January 2010 on the Status of the National
Police provides that staff of the National Police have an obligation to refrain from
any act likely to prejudice individual and collective freedoms, except as provided
by law, and in general any cruel or degrading treatment constitutes a violation of
human rights.
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