A/HRC/34/54/Add.1
stress positions for hours. Verbal insults and threats have also been reported. Such
mistreatment is generally short in duration and the injuries sustained heal by themselves
without leaving physical scars.
State security and terrorism cases
21.
The use of torture against and the ill-treatment of individuals during the first hours
after arrest and in detention are particularly serious when it comes to allegations of
terrorism or threats to national security or other serious crimes that require complex
investigations. Terrorism is regulated under Law No. 2010-035 of 21 July 2010 as amended
on 22 April 2016, implementation of which is under the responsibility of specialized antiterrorism units in the offices of the public prosecutor and the investigative judge in
Nouakchott, which cover the entire country. Terrorism suspects are frequently arrested and
detained by the Directorate of State Security and the Directorate of Territorial Surveillance,
both of which are intelligence services under the Ministry of the Interior and
Decentralization.
22.
For terrorism-related charges, suspects can be kept in police custody for a period of
15 days, renewable twice, for a total of 45 working days (art. 23 of Law No. 2010-035 of
21 July 2010 as amended). For other State security crimes, the initial period is 5 days,
renewable twice, for a total of 15 days. 3 Access to legal counsel is denied during that
period.4
23.
The Special Rapporteur received credible reports that suspects were often held in
unofficial detention locations for interrogation during the course of investigations. 5 The
Special Rapporteur was denied access to one such location thought to have been used to
detain and interrogate terrorism suspects. He was unable to accept subsequent invitations to
visit the location, as his terms of reference specified that visits to detention facilities should
be unannounced.
24.
The long time that terrorism suspects spend in police custody, in particular if held
incommunicado and in secret locations, facilitates the perpetration of torture and other illtreatment and can in itself constitute ill-treatment.
25.
Indeed, the Special Rapporteur received credible testimony from a majority of
terrorism suspects and convicts interviewed that torture and ill-treatment were used during
the early stages of arrest, during the initial interrogation and throughout the time in police
custody. In addition to the ill-treatment described in paragraph 20 above, the interviewees
reported being subjected to severe sleep deprivation, having their wrists and ankles
handcuffed, having to hold stress positions for several days and being suspended in the air
by their arms and legs. The allegations were largely corroborated by forensic examinations.
Reports of prolonged solitary confinement of convicted terrorists were also received.
26.
Such methods are used to extract confessions and many interviewed detainees
confirmed having signed confessions under duress. The Special Rapporteur is deeply
concerned that this reflects a systemic pattern.
27.
The Special Rapporteur finds that the detention of terrorism suspects for up to
45 days without access to legal representation or the possibility to challenge their detention
or treatment is excessive under any circumstance. He recalls that the prohibition of torture
and ill-treatment is absolute and that judicial procedural guarantees must apply to all
3
4
5
6
Code of Criminal Procedure, art. 57.
See paras. 75-83.
The use of such locations was confirmed by the Ministry of the Interior and Decentralization.
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