The Mauritanian Constitutional Council has confirmed the loss of parliamentary membership for two female MPs, Mariam Cheikh Samba Jenk and Kaamo Ashour Salem. This decision comes after the Supreme Court upheld a five-year ban on their civil and political rights. The two MPs were arrested in April and charged with contempt of national symbols, dissemination of racist expressions, incitement, and defamation.
The MPs were sentenced to four years in prison by the Nouakchott West Criminal Court in May, which was later reduced to two years suspended by the Court of Appeal in July. The Appeal Court also upheld a five-year ban on their civil and political rights. On July 9, Mauritanian President Mohamed Ould Cheikh El Ghazouani granted them a presidential pardon, covering the remainder of their prison sentence, fines, and court costs.
However, the pardon did not include the ban on their civil and political rights, which was subject to a judicial appeal. The Constitutional Council had initially decided to maintain the MPs' membership in July, citing that the sentence was not final and was still subject to appeal. The Supreme Court upheld the Appeal Court's decision on September 29, rendering the sentence final.
According to the Constitutional Council, the law governing the election of National Assembly members empowers it to confirm the loss of membership if any of the conditions for disqualification occur after the election. The Council's role is limited to verifying the existence of a legal cause for disqualification and applying the consequences as determined by law.
The Council considers that the ban on civil and political rights constitutes a cause for disqualification from membership in the National Assembly. This decision has significant implications for the two MPs and the Mauritanian parliament. The MPs' cases have garnered attention due to concerns about freedom of expression and human rights in Mauritania.
The Mauritanian government has faced criticism for its handling of the case, with some arguing that the charges against the MPs were politically motivated. The case has sparked a national debate about the balance between protecting national symbols and ensuring freedom of expression.
The Constitutional Council's decision marks the end of a lengthy and contentious process, and the two MPs will no longer be part of the Mauritanian parliament. The incident highlights the complexities of navigating the country's laws and regulations, particularly with regard to freedom of expression and human rights.
Key points
- The Mauritanian Constitutional Council has stripped two female MPs of their parliamentary membership due to a five-year ban on their civil and political rights.
- The ban was upheld by the Supreme Court, rendering the sentence final.
- The case has sparked concerns about freedom of expression and human rights in Mauritania.
