Mauritanian opposition Member of Parliament Mohamed Bouye Ould Sheikh Mohamed Vadel

Mauritania's "National Symbols" Law: Balancing State Prestige and Freedom of Expression

The Parliamentary Intervention (July 2023)

The case began during a public session of the Mauritanian Parliament dedicated to discussing the government's program. During this session, MP Mohamed Bouye delivered a controversial intervention in which he read an offensive text directed at the Prophet Muhammad (PBUH) that had been found on a school exam paper. In his reading, he substituted the Prophet's name with "the President," explaining later that this was a "hypothetical projection" intended to highlight what he perceived as the government's failure to defend the Prophet compared to their swift anger over insults directed at the President.

Lifting of Parliamentary Immunity (Late July 2023)

Ministry of Justice Request: The Minister of Justice, Mohamed Mahmoud Ould Biya, submitted a formal request to the National Assembly to lift the MP's immunity to initiate an investigation.
Committee Formation: On July 27, 2023, the National Assembly formed a committee to study the request, which eventually recommended approval.
The Vote: On July 31, 2023, the Parliament approved the decision to lift Bouye's immunity. The session was marked by a boycott from opposition blocs, who characterized the procedure as a "coup against the constitution and the death of democracy".

Arrest and Criminal Charges

Hours after his immunity was lifted, judicial police arrested Mohamed Bouye at his home and took him to the Tevragh Zeina police station. The Public Prosecution filed charges against him including:
Spreading insults.
Libel and slander against the President of the Republic.

Judicial Proceedings and Legal Struggle (August – September 2023)

Investigating Judge's Decision: The MP was referred to an investigating judge who initially refused the prosecution's request for imprisonment, opting instead for judicial supervision.
Prosecution Appeal: The prosecution appealed this decision. On August 7, 2023, the "Accusation Chamber" at the Court of Appeal accepted the appeal and ordered Bouye's transfer to civil prison.
Supreme Court Confirmation: On August 29, 2023, the Supreme Court upheld the Accusation Chamber's decision to keep the MP in detention.
Trial Referral: In September 2023, the defense protested the Accusation Chamber's decision to nullify the investigating judge's order and refer the MP to the Criminal Court instead of the Misdemeanor Court.

Health Deterioration

During his detention, Bouye's defense team reported a disturbing deterioration in his health, noting that he suffered a medical emergency requiring his transfer to a heart hospital for various tests. The defense repeatedly called for his immediate release based on his health condition and the "objective immunity" granted by Article 50 of the Constitution, which prohibits the prosecution of MPs for opinions expressed while exercising their duties.

Release (November 2023)

On November 2, 2023, judicial authorities released Mohamed Bouye on temporary freedom after he had spent approximately three months in prison. The MP later stated that his release was not the result of a political deal but occurred after the President of the Republic became aware of his health circumstances.

In his first interview following his release, Mohamed Bouye asserted that the decision to lift his immunity was "purely political and had no relation to the law". He attributed the ordeal to a conspiracy by certain political factions and influential groups he had confronted during his political career. For legal and personal reasons, he chose to remain reserved regarding the specific details of his parliamentary intervention and the circumstances of his arrest