Identifier
Created
Classification
Origin
09NOUAKCHOTT549
2009-08-26 16:09:00
CONFIDENTIAL
Embassy Nouakchott
Cable title:  

JOURNALIST SENTENCED TO SIX MONTHS' IMPRISONMENT

Tags:  PREL KDEM PHUM MR 
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FM AMEMBASSY NOUAKCHOTT
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INFO RUEHZK/ECOWAS COLLECTIVE
RUCNMGH/MAGHREB COLLECTIVE
RUEHFR/AMEMBASSY PARIS 1193
RUEHLO/AMEMBASSY LONDON 0839
RUEHDO/AMEMBASSY DOHA 0762
RHMFISS/HQ USAFRICOM STUTTGART GE
RUEHDS/USMISSION USAU ADDIS ABABA
RHMFISS/COMSOCEUR VAIHINGEN GE
C O N F I D E N T I A L SECTION 01 OF 03 NOUAKCHOTT 000549 

SIPDIS

E.O. 12958: DECL: 08/25/2019
TAGS: PREL KDEM PHUM MR
SUBJECT: JOURNALIST SENTENCED TO SIX MONTHS' IMPRISONMENT
FOR "ACTS CONTRARY TO ISLAM AND DECENCY"

REF: A. NOUAKCHOTT 431

B. NOUAKCHOTT 230

C. NOUAKCHOTT 253

Classified By: Ambassador Mark M. Boulware for reasons 1.4 (b and d)

C O N F I D E N T I A L SECTION 01 OF 03 NOUAKCHOTT 000549

SIPDIS

E.O. 12958: DECL: 08/25/2019
TAGS: PREL KDEM PHUM MR
SUBJECT: JOURNALIST SENTENCED TO SIX MONTHS' IMPRISONMENT
FOR "ACTS CONTRARY TO ISLAM AND DECENCY"

REF: A. NOUAKCHOTT 431

B. NOUAKCHOTT 230

C. NOUAKCHOTT 253

Classified By: Ambassador Mark M. Boulware for reasons 1.4 (b and d)


1. (C) Summary: Journalist and Taqadoumy Website Director
Hanevy Ould Deha, detained on June 18 on charges of
defamation against presidential candidate Ibrahima Moktar
Sarr, was sentenced on August 19 to six months in prison, a
30,000 UM ($111 USD) fine and 230,000 UM ($851 USD) in legal
fees for the unrelated count of "creating a space allowing
individuals to make statements contrary to Islam and
decency." The original defamation charges were dismissed
because there are no laws in Mauritania regulating
cyber-media. Mauritanian and international public opinion
have been highly critical of Hanevy's arrest and
condemnation, decrying it as a violation of freedom of the
press and civil liberties. Hanevy's lawyer has also
denounced the case as an example of arbitrary arrest and the
political instrumentalization of the judicial system. End
summary.


2. (C) Hanevy was arrested on June 18 after Sarr pressed
charges for defamation following the publication of an
article saying the presidential candidate had used campaign
money provided by main contender Mohamed Ould Abdel Aziz to
buy a house in an upscale Nouakchott residential district
(Ref A). Hanevy, who resides in the United States, was in
Mauritania on vacation when the arrest took place. Hanevy's
lawyers denounced the arrest as arbitrary and highlighted
irregularities such as denying Hanevy access to his lawyers
and not allowing him to notify his family. Public opinion
was also highly critical of Hanevy's arrest and many
organizations, including Reporters Without Borders (RWB),
issued communiques condemning it. RWB stated Hanevy's arrest
was "an abuse of judicial procedures aimed at silencing
Taqadoumy" and supporters staged a protest in front of the
United Nations building and launched a "Free Hanevy" campaign
on the internet, which included a Facebook site and a
petition signed by politicians and civil society. Comment:
Taqadoumy, a popular anti-coup French-English-Arabic Website,
had been particularly critical of junta leader Mohamed Ould

Abdel Aziz and was viewed as the opposition website
throughout the year of the coup. Access to the website was
jammed on several occasions by the main internet service
provider although internat-savvy readers were able to access
it through overseas proxy sites. In March 2009, Taqadoumy
journalist and editor-in-chief Abbas Ould Braham was arrested
and a judge ordered Taqadoumy's blockage (Ref B). Public
pressure obtained Abbas' release and contributed to lifting
the ban on Taqadoumy. End comment.


3. (C) Hanevy was tried on two main charges: "acts contrary
to decent behavior" and "defamation, invitation to rebellion,
and invitation to commit crimes." He was convicted on the
first charge and sentenced to six months in the Dar Naim
prison, a 30,000 UM fine and 230,000 UM in legal fees. The
judge, who accused Hanevy of contributing to the creation of
a space allowing individuals to express anti-islamic and
indecent views, based his decision on comments made by a
female Taqadoumy user calling for increased sexual freedom in
Mauritania. Hanevy was acquitted on the second set of
charges because his lawyer successfully established there are
no laws ruling cyber media in Mauritania. Local newspaper Le
Calame described the judgment as "weird," "incoherent," and
"totally hybrid" as Hanevy's sentence was based on Article
263 of the Penal Code regulating "acts contrary to decency on
the press," an "extremely vague concept." "The story becomes
a nightmare when one realizes that the infraction was
perpetrated, not on the press, but on cyber press, which the
judge agreed is unregulated," wrote Le Calame. RWB firmly
condemned Hanevy's sentence and stated it was
"disproportionate." They called on the court of appeals to
invalidate the judgment.


4. (C) PolOff and PAO met on August 23 with Ministry of
Communications and Relations with Parliament Secretary
General Mohamed Lemine Ould Moulaye Zeine to inquire about
the government's reaction to Hanevy's conviction. Zeine was
accompanied by Director of Cooperation and External Relations
Dicko Soudani. Zeine and Soudani attempted to deflect
questions about Hanevy by expressing their satisfaction at
the visit of US Embassy officials, stating their regrets at

NOUAKCHOTT 00000549 002 OF 003


the departure of Peace Corps volunteers and stressing the
Mauritanian government's commitment to fighting terrorism.
As for Hanevy, they claimed that Mauritania was committed to
freedom of the press and the development of a space and
framework for the press, including cyber media laws. Zeine
expressed Mauritania's interest in providing training and
ethics classes for journalists and said they would welcome
any assistance the Embassy could provide. Zeine closed the
meeting by asking EmbOffs to go see the Ministry of Justice
while Soudani stated that maybe President Aziz would pardon
Hanevy during Ramadan.


5. (C) On August 23, EmbOffs also met with Hanevy's lawyer,
Brahim Ould Ebetty, who stated Hanevy's case is first and
foremost and arbitrary arrest one and highlighted the
increase in arbitrary arrests in Mauritania following the
August 6, 2008 coup d'etat. Ebetty cited recent arbitrary
arrest and detention cases including former Prime Minister
Waghef's and Doctor Ould Nagi's (Ref C). Both Waghef and
Nagi were victims of irregularities in arrest and detention
procedures, have close ties to the opposition and their cases
were perceived as a political revenge. Note: Doctor Ould
Nagi's father is FNDD leader Ahmedou Mohamed Ould Nagi. End
note. Ebetty stressed that Hanevy's arrest warrant expired
while he was in jail and was never renewed. According to
Mauritanian law, nobody can be held in prison without a
warrant. Ebetty asked the authorities to re-issue a warrant
or release Hanevy but obtained no response.


6. (C) Hanevy's case has sparked controversy among
Mauritania's lawmakers. National Bar Association President
Ahmed Salem Ould Bouhoubeiny drafted a critical report on the
state of the judicial system, in which he exposed widespread
corruption, unexplained deaths in prisons, unjustified
detentions and the general failure of institutions. Attorney
General Seyid Ould Ghailani responded with a violent
communique in which he stressed the independence of the
judicial system and stated he would crush anybody who
challenged that.


7. (C) On August 25, PolOff met with La Tribune Editor
Mohamed Fall Ould Oumere, who did not show much sympathy for
Hanevy, stating that Taqadoumy was sensationalistic and that
its journalists made up stories and often failed to check
facts. Nevertheless, he did agree that Hanevy's sentence was
harsh and unfair. Oumere highlighted that Hanevy was tried
under the Penal Code and not on the existing Law of the
Press. He also stated that offenses are not crimes and
therefore journalists should not be imprisoned but fined or
sanctioned.


8. (C) Comment: Hanevy's ordeal raises concern about the
politicization of the judicial system. In this case and
others, we have noted prosecutions that clearly targeted
political opponents of the then-regime (the most prominent
case being the extended imprisonment of former Prime Minister
Waghef). In this specific case, we suspect the original
Taqadoumy charge against Sarr was correct -- since Aziz, at
the time, needed to have someone run against him in the
elections he tried to organize pre-Dakar. The second charge
is, perhaps, more problematic. In a recent lunch the
Ambassador hosted for cyber-media there was general agreement
that the competition to post information before the
competition does not allow for fact-checking. The
cyber-media is also vulnerable, as in this case, to being
held liable for on-line statements posted on their site
without their editorial control.


9. (C) Comment continued: The Aziz government will have
difficulty establishing its democratic credentials if a
pattern of politically-motivated prosecutions persists. The
Hanevy case already has the government on the wrong side of
substantial international human rights organizations like
RWB. Hanevy's case constitutes bad publicity for Aziz and
his new government and casts a shadow on the new president's
claims of governing in a fair and inclusive manner. Reaction
to Hanevy's imprisonment through mobilization of social
networking sites reveals the increased influence the
cyber-media is playing in the socio-political sphere. Lack
of agreement among journalists, some who side with Hanevy and
other who criticize he and his website's unprofessional
journalistic practices, demonstrates the increasing need for
a professionalization of the industry. The cyber media is a
"no man's land", unregulated by the law. Traditionally an

NOUAKCHOTT 00000549 003 OF 003


uncensored sphere of relative freedom, the Hanevy case has
shown the limits of what authorities will accept. End
comment.
BOULWARE