Any person suspected or being prosecuted is presumed innocent until proven guilty by a
decision that has the force of res judicata following a fair trial in which all legal safeguards
were provided. Doubt is interpreted in favour of the accused. Confessions obtained through
torture, violence or coercion are of no value.
With regard to a fair trial, it should be noted that persons being prosecuted benefit from:
-Presumption of innocence;
-Principle of legality of the offence and the punishment;
-Respect for the rights of the defence.
The Code of Criminal Procedure, which establishes the pretrial detention regime,
provides that such detention may only be ordered by the investigating magistrate and when
it is justified by:
-The gravity of the facts;
-The need to prevent proofs of the offence from disappearing;
-Flight of the accused or commission of new offences.
Once a person has been placed in pretrial detention, the investigating magistrate is obliged
to expedite the procedure. The magistrate is responsible, at the risk of being held liable, for
any negligence that would have pointlessly slowed down the investigation and prolonged
the detention.
Paragraph 5: Freedom of Conscience
Mauritania is an Islamic Republic and consequently all of its citizens are Muslims.
However, foreigners can freely practice their religion.
Paragraph 6: Right to information
The freedom of association policy adopted by the Government has led to the creation of
many associations and political groups. Associations, cooperatives, political parties and
non-governmental organizations carry out their work in complete freedom.
Any newspaper or periodical may be published, without prior authorization and without
bond, following a simple declaration.
- The total liberalization of means of expression (print, audio-visual or electronic);
- Streamlining of procedures for the creation of media outlets and removal of controls on
all press organs;
- Decriminalization of libel acts.
The removal of prison sentences for journalists in the performance of their duties and
Government assistance to the private media contribute to ensuring the effectiveness of the
right to information.
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