15. Article 10 of Ordinance n° 2005.015 of 5 December 2005, on the judicial protection
of the child states provides that subjecting a child to torture or barbaric acts is
punishable by six years' imprisonment.
16. Law No. 2007.048 of 03 September 2007 criminalizes slavery and slavery-like
practices while Law No. 025/2003 of 17 July 2007 deals with the suppression of
trafficking in persons.
17. The new Criminal Procedure Code introduced in April 2007 provides guarantees
against the use of torture and, in its introductory article, states that: “confessions
obtained by torture, violence or force shall be invalid”.
18. Article 58 of the CPP states: “All persons deprived of their liberty through arrest or
detention, or any other form of deprivation of liberty, must be treated with respect for
human dignity. It is forbidden to subject them to psychological or physical ill-treatment
or to hold them in any place other than one provided for by law for that purpose”.
19. The CPP however introduces a long period of pretrial detention for certain
category of offences different from the 48 hours period that applies to ordinary
crimes. Article 57 of the CPP states: “For offences against internal or external
security of the State, the detention period is five days from arrest, which may be extended
by written authorization of the public prosecutor for an identical period, provided it does
not exceed a total of 15 days from the day on which the person concerned was arrested. At
the end of these periods, the detained person must, without fail, be released or brought
before the public prosecutor, unless an arrest warrant has been issued in the meantime.
20. The CPP also affords the family the opportunity to communicate with the
detained person as soon as she/he is arrested. Article 58 of the CPP states: “Police
officers who take a person into police custody are obliged to so inform the spouse, or
immediate ascendant or descendant as soon as possible and also to inform that person of
the opportunity to communicate with his or her spouse, or one of his or her immediate
relatives. This communication, which takes place in the presence of a police officer, may
not exceed thirty minutes”.
21. Article 60 of the CPP states that: “Once a person in police custody has been brought
before the competent judge, s/he is entitled to a medical examination, either at his or her
request or at the request of a member of his or her family.”
VI.
REGIONAL AND INTERNATIONAL HUMAN RIGHTS TREATIES RATIFIED BY
MAURITANIA
a) African Instruments
The African Charter on Human and Peoples' Rights;
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