Guidance

Mauritania Prisoner Pack

Published 7 September 2015

1. Introduction

1.1 Who can we help?

The Foreign, Commonwealth & Development Office (FCDO) is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth countries). Both employ consular officers and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country.

1.2 About the Embassy

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your convenience, but neither Her Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/ advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information in this booklet is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

1.3 Who are the Consular Representatives?

The UK does not have an embassy or consulate in Mauritania. The country is covered by the British Embassy in Rabat (Morocco) for consular matters.

British Embassy Nouakchott

British Embassy
Rue 42-163, B.P. 213, Tevragh Zeina
Nouakchott
Mauritania

General enquiries +44 20 7008 5000

British Embassy Rabat

British Embassy Rabat
28 Avenue S.A.R. Sidi MohammedSouissi 10105 (BP 45),
Rabat
Morocco

Telephone: +212 (0) 537 633 333 / +44 20 7008 5000

Fax: +212 (0) 537 758 709

The British Embassy in Rabat and the Honorary Consulate in Marrakech are open for consular support. British Nationals in Morocco who need consular support should call +212 (0) 537 63 33 33 and access https://www.gov.uk/guidance/notarial-and-documentary-services-guide-for-morocco for consular appointments. All the latest guidance on travel in Morocco is available at https://www.gov.uk/foreign-travel-advice/morocco

Use our contact form for consular enquiries:
www.gov.uk/contact-consulate-rabat

For enquiries that are not about consular issues, email: UKinMorocco.enquiries@fcdo.gov.uk

Ambassador's Office:
UKinMorocco.Ambassador@fcdo.gov.uk

Export Support Africa:
ExportSupport.Africa@fcdo.gov.uk

Office hours: Monday to Thursday, 0800-1615; Friday 0800-1300

Ramadan Opening Hours: Monday to Thursday, 0800-1400; Friday 0800-1300

2. First Steps

2.1 Who will know I have been detained?

It is essential that you inform the British Embassy in Rabat as soon as possible after your arrest. It is your right to do so. After your arrest, the Mauritanian authorities should inform the British Embassy within 48 hours of your arrest and detention. This is not always done, and there may be extra delays in the case of accusations of terrorism. We may be informed much more quickly by friends or relations. We will aim to make contact with you as soon as possible, but with no consular officials resident in Mauritania this may take some days.

2.2 What will my family be told?

For reasons of confidentiality we will not tell anyone that you have been detained or what the charges are without your permission.

2.3 What will the Consulate do?

If you have no belongings and no money, the Consul may be able to supply you with an initial basic toiletries pack. Under international law, if you hold dual British and Mauritanian nationality and are imprisoned in Mauritania, we cannot formally provide you with consular assistance. However, Consular staff will provide whatever informal assistance the local authorities will allow. Your relatives and friends can contact the Foreign, Commonwealth & Development Office in London at the above details for advice.

2.4 Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

3. Visits

3.1 How do my family and friends arrange a visit?

Prison visits are restricted to immediate family members only. These include, spouse/partner, parents, siblings and children. Requests from non related persons are likely to be refused. A written request for each visit will be made on your behalf to the authorities in Mauritania. We will require the full names, details of British passport numbers and the dates of each visit. We will require a minimum of 4 weeks’ notice for each visit.

It should be noted that a visa is needed to enter Mauritania. This is available on arrival at Nouakchott airport for €120. Hotel accommodation outside of Nouakchott and Nouadhibou is very basic. Travel outside Nouakchott is normally by “bush taxi” or minibus. Conditions are likely to be very uncomfortable and possibly dangerous. It is possible to hire 4x4s but it should be noted that driving standards are very low.

3.2 How many visits am I allowed?

There are no set rules on the amount of visits allowed. The prison is closed on national holidays.

3.3 Consular visits

Prisons outside Nouakchott are very difficult for consular staff to visit. Much of Mauritania is classified red by FCDO travel advice and the risks of all travel by staff need to be assessed on an individual basis.

3.4 What can visitors bring?

Basics items such as toiletries and food should present no problems however, no alcohol is permitted and food stored in glass jars or tins are not allowed. All medicines must be approved by the prison doctor. No recording electronic equipment or cameras are allowed.

Reading material should not contain any reference to offensive, blasphemous, religious or sexual behaviour. This list is by no means exhaustive and can change without notice depending on the officer in charge. Families should contact the FCDO in advance of their visit so we can provide them with an updated list of unrestricted items.

4. Prison conditions/ services

In this chapter you will find information on daily life in a Mauritanian Jail. Ex-prisoners say that nothing is guaranteed, things can change on a whim, so the advice of more experienced prisoners, plus your own common sense, is essential for survival.

4.1 Arrival at police station or gendarmerie

Police stations are very basic. Often, they may not have access to reliable electricity or much office equipment. Most police will speak only Hassaniya, a dialect of Arabic; a few will have basic French. Literacy levels in both languages are low. Police cells and holding areas are often overcrowded, unsanitary and poorly ventilated. You will be required to make a statement which will normally be written in the local language. DO NOT SIGN ANYTHING YOU DO NOT UNDERSTAND. You are allowed access to translators and Consular Officials.

4.2 General prison conditions

Prison conditions are described as very basic compared to UK standards. Conditions in prisons outside Nouakchott, are often the worst, especially inland where temperatures can remain high through most of the year. Sanitation is limited; mosquitoes, cockroaches and rats are commonplace. Overcrowding remains a constant problem.

4.3 How can I receive money?

If your family/friends wish to transfer any money to you, we can advise them how they can do so and how the money will reach you and be able to be spent within the prison. Money for prisoners should be sent to:

Accounts Receivable
The Foreign & Commonwealth Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX

We recommend that you use Recorded or Special Delivery. Please ensure that you include a note briefly explaining who the money is for and why. (Alternatively you may use the payment slip on next page.) If you would like a receipt, please include a stamped self addressed envelope.

Please note that personal cheques can take up to 15 working days to process and clear before we can advance funds. We do not accept Card payments, or cash sent in the post. If you wish to pay by cash, you can take the money to our offices at Northgate House, Milton Keynes but you will need to telephone first to make an appointment.

Payment slip

To: Foreign, Commonwealth & Development Office (FCDO)

FCDO case reference number:

Date:

Please find enclosed funds for:

Full name:

Country/ place the above is in:

Amount enclosed:

Fee to be deducted:

Payment method:

My name is:

My address is:

For Electronic Bank Transfers, contact your bank to arrange. A “BACS” transfer usually takes 3-5 working days to clear in our account. Some banks do not charge for this service. If you have internet or telephone banking you may be able to arrange without visiting your bank. A “CHAPS” transfer is usually received in our account within 12-24 hours. You will normally need to visit your bank to arrange and banks normally charge for this service. For both the above bank transfers you will need to include the following details:

Bank	Citibank
Acc Name	GBS Re FCO Multivote Account
Sort Code	08-33-00
Account Number	12537125
Reference	Name of the person you are sending the funds for, plus country name e.g. Joe Smith – Mauritania

You may also need our bank address which is:

Canary Wharf
London
E14 5LB

Ex-prisoners all say the key to survival is money – in Mauritanian prisons you pay for everything. If your family cannot support you, the charity Prisoners Abroad may be able to send you a small grant every quarter for essentials. Consular staff will discuss the support available from Prisoners Abroad at your first visit. Money received from the UK will be deposited into your prison account. Please note that consular staff cannot be responsible for the loss of funds by the Prison Authorities. The British Embassy/Consulate does not provide financial support for British nationals in prisons abroad.

4.4 Can I work or study in prison?

Some NGOs have tried to help in setting up education programmes particularly for women and young people. Generally there is no work available for foreign prisoners. There are small libraries with limited information aimed at the local population and most books are in Arabic.

4.5 Can I receive medical and dental treatment?

Basic medical care is available. Prisoners are taken to local hospitals or clinics for serious illnesses. Treatment standards will be very low. There are very few dentists in the country. There is a risk of malaria in the south of the country.

4.6 Food and Diet

The food provided by the prison authority is typically of poor quality. Prisoners would be advised to look for an outside source of food using personal money. You may be able to join a food group and share food costs with other prisoners. All prisoners fast during Ramadan.

4.7 Mail/ Parcels

There is no postal delivery service. Parcels would need to be sent by a courier like DHL to the UK office and wait for a visit by consular staff.

4.8 Can I make telephone calls?

The authorities seem surprisingly relaxed about the use of mobile phones. Rules can change at any given time. You should check locally on what the current situation and attitude to mobile phones inside the prison is before using one. Phone calls are likely to be monitored.

4.9 Leisure and entertainment

There is very limited provision for recreational activities. Not all prisons have areas with access to the open air. Some prisons will have access to exercise yards, games of football are possible in some prisons.

4.10 Drugs

In some prisons drug abuse is rife. Mauritania takes a hard line on drugs. If you are caught holding or taking drugs, punishment can be severe. Alcohol cannot be imported or sold.

4.11 How can I make a complaint about mistreatment?

Any complaints regarding a prisoner’s treatment can be made locally at the prison, usually through the director. Complaints can also be brought to the attention of consular officers by letter or during any prison visits. Consular Officers will then take any appropriate action, with your consent. The ICRC visits all prisons regularly and takes a keen interest in this. The number of cases may be surprisingly low and the Head of the National Guard takes a strong line if staff are found guilty of this.

5. The Mauritanian Judicial System

A very detailed description in English of the Mauritanian legal system can be found here. In brief, the system is a confusing mix of the inherited French Civil Law legal system and Sharia Law. According to the constitution, Sharia is the sole source of law, and its influence has increased with a policy of Arabisation and Islamisation. But Mauritania does not apply laws on stoning, amputation, etc and there has been a de facto moratorium on the death penalty for three decades.

5.1 What should happen when I am arrested?

On arrest, Police will take a statement, known as a “process verbale”. This will outline the reason for your arrest and your response to questions at interview. Remember do not sign anything you do not understand. You have the right to an interpreter and consular assistance.

5.2 For how long can I be remanded in custody?

You can be remanded for up to two periods of 48 hours before formal charges are filed. The period may be longer if you are accused of drug offences. In cases of suspected terrorism, you may be remanded for up to 15 days if authorised by a prosecutor. As a foreign national, you have the right to speak to a consular officer immediately but may only be allowed to contact a lawyer after the first 48 hour period. If you are suspected of terrorist activity, the rules are much stricter and no access to lawyers or family will be possible until charges are filed.

5.3 What happens when I am charged?

A prosecutor, or a judge, can send a suspect directly to prison, depending on the crime. Preventative detention can last up to four months whilst awaiting a trial or further investigation.

5.4 What provision is there for bail?

Preventative detention can be appealed.

5.5 What kind of legal assistance is available

Consular staff cannot give legal advice, but they can provide you with a list of lawyers, some of whom speak English. Prisoners Abroad, (see address below) can also supply information.

5.6 What happens at the trial?

There is no jury system in Mauritania. Trials are public and the accused has the right to a lawyer at their own expense. Proceedings will be conducted in Arabic/Hassaniya.

5.7 Sentences

If found guilty and there is a custodial sentence, then the time already spent in prison during investigations the trial, will be taken into account.

5.8 How can appeals be made?

Appeals should be made in writing within 15 days of the judgement. A second appeal can be made to the Supreme Court.

5.9 What provision is there for reduction of sentence (remission) e.g. for good behaviour?

There is no system for granting remission (time off your sentence) for foreign nationals.

5.10 What provision is there for early release e.g. on parole?

There is no parole for foreign nationals.

5.11 What provision is there for clemency or pardon?

Prisoners have been released for health reasons. Presidential pardons are often granted during Ramadan.

5.12 What about any financial penalties?

Financial penalties are quite common in addition to any custodial sentence. Any financial penalty must be settled before your release date, you may serve a further custodial sentence if you are unable to pay any fines imposed upon you.

5.13 Is transfer to another prison within Mauritania possible?

This may be possible depending on the category of offence. Those convicted of serious economic crime may be sent to Bir Moghrein, an isolated area near Western Sahara. Those convicted of terrorist offences are kept at the Maison Centrale in Nouakchott.

6. Prisoners Abroad

Since 1978, the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison).

They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• writing to a pen pal
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: + 44 (0) 20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9:30 am to 4:30 pm, UK time)

Email: info@prisonersabroad.org.uk

Website: www.prisonersabroad.org.uk

7. Disclaimer

This guide was compiled by the UK Office in Nouakchott and Consular Section of the British Embassy, Rabat. It is revised on a regular basis. If any of the information contained in this guide is incorrect, please draw inaccuracies to our attention so that we can make amendments. The UK Office in Nouakchott and Consular Section of the British Embassy in Morocco are not accountable for the information provided in this booklet. Local proceedings are subject to change at any time. You should contact local lawyers for independent legal advice. See Annex 1.

8. Annexes

Annex 1

List of English-Speaking Lawyers

There is no significance in the order in which these are listed. Addresses are not given as few streets have names and it is better to telephone or e-mail for instructions on how to get to the office. Lawyers are addressed as Maitre.

Lawyers here have a different approach as to how they work and will often request a cash deposit upfront before giving any advice or support. There will be no written contract between you and your lawyer as to what work he or she has agreed to carry out for you and at what cost. Be clear from the start what work will be done, by when and for how much.

Name	Email	Telephone
Mine Abdoullah	cabmine@yahoo.fr	+ 222 4641 7702/ + 222 2249 4770
Abdallahi Gah	gah@gahavocats.com	+ 222 4529 5715
Cheikhany Jules	lawoffice@cheikhany.com	+ 222 4525 2891/ + 222 4686 8620

Annex 2

List of Private Translators/ Interpreters

Name	Email	Telephone
Mamadou Soumaré	soumare.mamdouf@hotmail.com	+ 222 3611 6974
Boubacar Kane	boua.kane@yahoo.fr	+ 222 4752 4673

Annex 3

FCDO leaflet: In prison abroad

Annex 4

FCDO leaflet: Transfers home for prisoners abroad

Annex 5

Prisoners abroad authorisation form

Annex 6

Prisoners abroad family contact form

Annex 7

Prisoners abroad CFF form

Annex 8

Fair Trials International Questionnaire and leaflets

Annex 9

Reprieve Information