ALERTING MAURITANIAN GOVERNMENT TO PROBABLE

C O N F I D E N T I A L SECTION 01 OF 02 NOUAKCHOTT 000078

SIPDIS

E.O. 12958: DECL: 02/08/2015
TAGS: PREL PGOV PHUM MR
SUBJECT: ALERTING MAURITANIAN GOVERNMENT TO PROBABLE
CRITICISM OF HANEVY CONVICTION

REF: NOUAKCHOTT 75 AND PREVIOUS

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


1. (C) Ambassador met February 8 with Foreign Minister Naha
Mint Mouknass and raised concern over the February 4
conviction of internet journalist Hanevy Ould Dahah (REFTEL).
The Ambassador noted that he had raised the case previously
with the Foreign Minister, Justice Minister and Prime
Minister. He also noted that the case had recently been
subject to a Wall Street Journal editorial and that Secretary
Clinton has made internet freedom one of her key policy
objectives. The Ambassador noted that the Hanevy case had
been a subject of significant concern raised by many offices
during his recent consultations in Washington. While not
presuming to be able to interpret Mauritanian law and
procedure, the Ambassador noted that numerous national and
international organizations had claimed the arrest, detention
and conviction of Hanevy were all inconsistent with
Mauritanian law. Regardless of the legal fine points, the
perception abroad is that the Hanevy case demonstrates a lack
of respect for rule of law or for freedom of expression on
the part of the Mauritanian government. The Ambassador
stressed that the case was becoming a policy obstacle for
partners who wanted to re-engage with the Mauritanian
Government and that allowing the case to persist did not
appear to bee in Mauritania's greater interests. The
Ambassador told the Minister he fully expected there would be
some public statement by the USG voicing concern over the
case.


2. (C) The Foreign Minister received the Ambassador's
message calmly and acknowledged that the government (as most
previous Mauritanian governments) had done a particularly
poor communications job that had allowed criticism of the
case to build. She argued "if everyone understood the
foundation of the case, there wouldn't be all these
problems." Noting she was not a lawyer either, she
acknowledged that there were public complaints over the
legality of the processing of the case. She understood that
there are at least eighteen other criminal complaints against
Hanevy which she understood allowed for his continued
incarceration between the end of his last sentence and his
current conviction.


3. (C) The Minister forcefully attacked Hanevy as an
unscrupulous and unsound rumor-monger whose righting
reflected "10 percent political analysis and 90 percent
personal attacks and rumor mongering." Herself a frequent
target of his attacks (although they have never met),the
Minister related having to explain to her mother that
disgusting accusations about her personal life were not true.
The Minister warned, "if he were released today and
continued to write as he did in the past, he would soon be
dead," suggesting one of the victims of his slander would
eliminate him in an honor killing.


4. (C) Mouknass claimed that President Aziz was committed to
freedom of expression. He had specifically rejected those
who urged that he shut down Hanevy's Taqadoumy website
insisting he would not limit the right of the media to
criticize but also noting he would hold journalists
responsible for what they wrote. Mouknass said Aziz had met
with Reporters Without Borders in Paris and had sought their
assistance in helping Mauritania fill the legal void
concerning internet press in such a way that would both
preserve freedom of expression but also establish standards
of media conduct. The Ambassador noted that a sincere effort
to reach out to the media to tackle this difficult issue
would be very useful.


5. (C) The Minister said she would discuss the Hanevy case
with the Minister of Justice to better educate herself on the
legal details of the case and that she would follow up with
Reporters Without Borders to pursue the internet freedom
initiative.


6. (C) Comment and Action Request: Mauritanian officials
like Mouknass continue to focus on Hanevy's loose and
slanderous journalistic still and avoid talking about whether
the Government's prosecution met legal and procedural
standards. The personal animosity against Hanevy overcomes
concerns about due process to the extent that they are
undermining the government's already tenuous international
image. The Mission has tried to no avail to deal with the
case through forceful, but private, diplomatic contacts.
Continued silence will now be seen as tacit approval. Post
recommends that the Department issue a statement of concern
along the following lines:

"The United States was greatly concerned to learn that

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internet journalist Hanevy Ould Dahah was found guilty on
February 4th of 'incitement to rebellion, contempt, and
violating decency" in a controversial second trial when he
had already more than served his original sentence of six
months. Mauritanian and international observers have cited a
number of irregularities in the handling of this case
including Ould Dahah's continued detention after completing
his sentence. We call on the Government of the Islamic
Republic of Mauritania to scrupulously respect due process in
this case in order to demonstrate its commitment to freedom
of expression and the rule of law."

Mission is prepared to release such a statement locally, but
we believe it will have significantly greater impact and
influence if issued by Washington.
BOULWARE