Joint Statement

Homepage The campaign for the abolition of the death penalty on the African continent Mandatory Death Penalty for Blasphemy in Mauritania

- Joint Statement
  Mandatory Death Penalty for Blasphemy in Mauritania
  Article by World Coalition Against the death penalty published on May 11th, 2018
  Through this joint statement twenty one national and international NGOs, calls upon Mauritanian authorities to reverse the recent adoption of a law on apostasy related crimes making the death penalty mandatory for blasphemy.
- Law Passed as Country Hosts African Human Rights Body
  
  Mauritanian authorities should reverse the recent adoption of a law on apostasy related crimes making the death penalty mandatory for “blasphemous speech” and “sacrilegious acts”, 21 national and international non-governmental organizations said today. The authorities should also end the arbitrary detention and guarantee the safety of a blogger, Mohamed Cheikh Ould Mkhaïtir, whose case appears to be related to the timing of the law. Mkhaïtir was convicted of apostasy and sentenced to death in December 2014 before a court reduced his punishment to two years imprisonment. Although his sentence has expired, the authorities continue to detain him.
  
  The National Assembly passed a law on April 27, 2018 that replaces article 306 of the Criminal Code and makes death penalty mandatory for anyone convicted of “blasphemous speech” and acts deemed “sacrilegious”. The new law eliminates the possibility under article 306 of substituting prison terms for the death penalty for certain apostasy-related crimes if the offender promptly repents. The law also extends the scope of application of the death penalty to “renegade acts.”
  
  The law also provides for a sentence of up to two years in prison and a fine of up to 600,000 Ouguiyas (approximately EUR 13,804) for “offending public indecency and Islamic values” and for “breaching Allah’s prohibitions” or assisting in their breach.
  
  The National Assembly passed this law as the African Commission on Human and Peoples’ Rights (ACHPR) held its 62nd Ordinary Session in Nouakchott, the capital. The ACHPR has repeatedly said that countries should abolish the death penalty or establish a moratorium in line with the continental and global trend. In particular, the ACHPR emphasized: “In those States which have not yet abolished the death penalty it is vital that it is used for only the most serious crimes – understood to be crimes involving intentional killing. (…) Those sentenced to death have the right to seek clemency, pardon or commutation through a transparent process with due process of law.”
  
  In addition, the United Nations has repeatedly stated that the mandatory imposition of the death penalty, even for the most serious crimes, is prohibited under international human rights law.
  
  Mauritania has not carried out any execution since 1987. It has ratified numerous international human rights treaties including the International Covenant on Civil and Political Rights, the Convention against Torture and the African Charter on Human and Peoples’ rights that protect the right to life. The adoption of the law making the death penalty mandatory for certain apostasy related crimes is a huge step backward from the abolition of the death penalty.
  
  Mkhaïtir's case
  
  The timing of the law appears to be related to the Mkhaïtir case. In 2014, a Nouadhibou court sentenced Mkhaïtir to death for apostasy under article 306 for posting an article online denouncing the use of religion to legitimize discriminatory practices against the blacksmith caste in Mauritania with which he identifies.
  
  However, on November 9, 2017, the Court of Appeals of Nouadhibou commuted Mkhaïtir’s death penalty to a two-year prison term and a fine, after recognizing his repentance. A week later, the Council of Ministers approved the draft law to repeal and replace article 306.
  
  Since Mkhaïtir had already served almost three years in detention by the time that the Court of Appeals reduced his sentence, he should have been released. However, he remains in incommunicado detention. On May 2, 2018 the Mauritanian authorities informed the UN Committee on the Elimination of Racial Discrimination (CERD) that Mkhaïtir was in “administrative detention for his own safety”.
  
  Throughout the legal proceedings against Mkhaïtir, thousands of protesters took to the streets in several towns, including Nouadhibou and Nouakchott, demanding that Mkhaïtir be sentenced to death and executed. He continued to receive death threats when he was in prison. His relatives, friends and supporters also received death threats.
  
  In addition to Mkhaïtir, other Mauritanians who speak out against slavery and discrimination in Mauritania risk reprisals, including arbitrary arrests, torture and other ill-treatments, bans on their activities or their organizations.
  
  SIGNATORY ORGANIZATIONS
  
  Action des Chrétiens pour l’abolition de la Torture France ; Amnesty International; Anti-Slavery International; Association des Femmes Chefs de Famille (Mauritanie) ; Association Mauritanienne des Droits de l'Homme (Mauritanie) ; Committee to Protect Journalist ; Comité de Solidarité avec les Victimes des Violations des Droits Humains (Mauritanie) ; Ensemble Contre la Peine de Mort ; Fédération internationale des ligues des droits de l'Homme ; Forum des Organisations Nationales des Droits de l’Homme en Mauritanie (Mauritanie) ; Freedom Now ; Groupe d’Etudes et de Recherches sur la Démocratie et le Développement Economique et Social (Mauritanie) ; Human Rights Watch ; Initiative de la Résurgence du Mouvement Abolitionniste (Mauritanie) ; International Humanist and Ethical Union; PEN America; PEN International; Reporters Sans Frontières ; SOS Esclaves (Mauritanie) ; Touche pas à ma nationalité (Mauritanie) ; World Coalition Against the Death Penalty.
  
  Translated by Amnesty International (Original in French)
- Same issue
  - Africa Parliamentarians from French-speaking Africa commit to the abolition of the death penalty Article by Jessica Corredor published on January 17th, 2017
  - Protocol São Tomé and Príncipe ratifies OP2 and approves total and definitive abolition of the death penalty Article by Elise Guillot published on January 18th, 2017
  - Africa Towards the abolition of the death penalty in DRC: advances to be confirmed Article by Olivier LUNGWE FATAKI - Pax Christi Uvira published on December 13th, 2016
  - African Commission on Human and Peoples’ Rights Renewed calls for the abolition of the death penalty at the NGO forum and the 59th Session of the ACHPR Article by Jessica Corredor published on November 25th, 2016
  - World Day Africa raises its voice against the death penalty Article by Tiziana Trotta published on October 21st, 2016
  - African Commission on Human and Peoples’ Rights 58th Extraordinary Session of the ACHPR: a strong commitment of African states to a treaty providing the abolition of the death penalty Article by Guillaume Colin published on April 14th, 2016
  - Africa African Commission adopts draft Protocol on abolition Article by Maria Donatelli published on April 24th, 2015
  - Africa In Cameroon, the abolitionist network grows Article by Nestor Toko and Jessica Corredor published on October 28th, 2016
  - Africa Abolition of the death penalty in Guinea Article by Marion Gauer published on July 05th, 2016
  - Africa The abolitionists’ forum in Niger: a great success Article by Garba Illou Almoctar and Elise Guillot published on November 22nd, 2016
  - Africa Pardon Prisoners On Death Row Article by Lucy Peace Nantume published on November 08th, 2016
  - Protocol ACAT-CI commits to the ratification of OP2 in Côte d’Ivoire Article by N'guettia Yves Arsene Kouadio - ACAT Côte d'Ivoire published on January 04th, 2017
  - Good News Tanzania: President Magufuli declares his position against the death penalty. Article by Thalia Gerzso published on September 20th, 2017
  - Good News Gambia and Madagascar commit to irreversible abolition Article by Aurelie Placais published on September 22nd, 2017
  - Democratic Republic of the Congo: the abolitionists organize workshops for journalists Article by Thalia Gerzso published on September 25th, 2017
  - Africa Makwanyane Institute Is Launched at Cornell Law School Article by Sherrie Negrea, Cornell Law School published on July 17th, 2017
  - Africa Toward the abolition in Cameroon Article by Lorène du Crest et Nicolas Perron published on July 06th, 2017
  - African Commission on Human and Peoples' Rights A major abolitionist gathering for the 60th ordinary session of the African Commission on Human and People’s Rights in Niger Article by Jessica Corredor published on May 19th, 2017
  - Report 12 Years Without an Execution: Is Zimbabwe Ready for Abolition? Article by Death Penalty Project published on May 24th, 2018
  - ACHPR The death penalty at the heart of the debates of the 62nd Ordinary Session of the African Commission on Human and Peoples' Rights Article by Guillaume Colin - Jessica Corredor published on May 15th, 2018
  - Report “Unknown Assailants: A Threat to Human Rights” Article by Legal Human Rights Centre published on May 04th, 2018
  - Regional Congress “It’s in Africa that we find the strongest dynamics towards abolition” Article by Clémentine Etienne published on April 24th, 2018
  - Statement World Coalition welcomes the success of the Regional Congress in Africa Article by World Coalition Against the Death Penalty published on April 12th, 2018
  - Good news The Supreme Court of Kenya declares the mandatory death penalty unconstitutional Article by Thalia Gerzso published on January 23rd, 2018
  - ACHPR « A new Gambia » welcomes the 61st session of the ACHPR Article by FIACAT and World Coalition against the Death Penalty published on November 21st, 2017
  - World Day Strong mobilization in Sub-Saharan Africa on World Day Article by Thalia Gerzso published on October 19th, 2017
  - Africa Innocent and Sentenced to Die: Wrongful Incarceration on Nigeria's Death Row Video published on October 14th, 2016
- Worldwide database
  Mauritania
- Death penalty law status:
  
  De facto abolitionist
  
  Geographical region:
  
  Africa (Western Africa)
  
  Method(s) of execution:
  
  Shooting, Stoning
  
  Year of last execution:
  
  1987
  
  Executions in :
  
  0
- Source: Center for International Human Rights at Northwestern University School of Law
- Last updated: 4 April 2011
- Keywords
- Public debate Member organizations World Coalition Against the Death Penalty Death Penalty
- Other Articles
- Africa A Training on Advocacy for the Abolition of the Death Penalty in Sub-Saharan Africa
- Activist engagement Responsible Business Initiative on the death penalty
- Statement Joint Open Letter to the President of Sri Lanka on the Imminent Resumption of Executions