Mohammed Shaikh Ould Mohammed Ould Mkhaitir is a blogger who faced a death sentence on charges of apostasy.
In late December 2013, Mr. Mkhaitir published a blog post which provided a social critique and commentary on the nexus between religion, racism, and discrimination. Prior to his arrest, Mr. Mkhaitir worked as an engineer for a mining company in northern Mauritania. He had not been a prominent critic of the government and the blog post appears to be his first published article.
On January 2, 2014, Mr. Mkhaitir was arrested and charged with apostasy under Article 306 of the Penal Code. After close to a full year in prison, Mr. Mkhaitir’s trial was finally held on December 23, 2014. The trial lasted two days and, Mr. Mkhaitir apologized and explained that he never meant to insult the prophet. On December 24, 2014, Mr. Mkhaitir was sentenced to death by firing squad.
The two day trial included several procedural irregularities. The court prohibited any discussion of the actual contents of the blog post and ignored a letter written by Mr. Mkhaitir shortly after his arrest which stated that he had not intended either intentionally or unintentionally to insult Islam. Instead, the court allowed the prosecution to focus on Facebook posts Mr. Mkhaitir made in 2010. Death threats were so prevalent during the time leading up to the trial that three of Mr. Mkhaitir’s lawyers resigned.
The Supreme Court was initially scheduled to deliver a final ruling in Mr. Mkhaitir’s case on November 15, 2016. However, when hundreds of protestors surrounded the court that day to demand Mr. Mkhaitir’s execution, the verdict was postponed and Mr. Mkhaitir’s lawyer was escorted by police to ensure her safety.
In January 2017, after another delay, the Supreme Court sent the case back to the Court of Appeals, the same court which upheld Mr. Mkhaitir’s death sentence.
Mr. Mkhaitir’s initial sentence was condemned by the European Union, Amnesty International, Committee to Protect Journalists, Reporters without Borders, and PEN International.
Freedom Now and Dechert LLP filed a petition with the UN Working Group on Arbitrary Detention on behalf of Mr. Mkhaitir in May 2016. In June 2017, the Working Group found his detention to be arbitrary and called for Mauritania to immediately release him.
The Court of Appeals quashed Mr. Mkhaitir’s death sentence on November 9, 2017. He was given a two year sentence and a small fine. However, the prosecutor appealed this decision and Mr. Mkhaitir’s location remains unknown.
Freedom Now joins three organizations in asking President Mohamed Ould Abdel Aziz to secure the release of blogger Mohamed Cheikh Ould Mohamed Mkhaitir.
Letter from Freedom Now to the African Commission on Human and Peoples' Rights's Special Rapporteur on Freedom of Expression regarding Mr. Mkhaitir
An urgent appeal to the UN Special Rapporteur on the Independence of Judges and Lawyers on behalf of Mohammed Shaikh Ould Mohammed Ould Mkhaitir
Freedom Now joined 6 organizations in calling on President Aziz to ensure the prompt release and safety of blogger Mohammed Mkhaitir.
The UN Working Group on Arbitrary Detention finds the Government of Mauritania in violation of international law for the detention of Mr. Mkhaitir.
Submitted by Freedom Now and Dechert on behalf of Mohamed Ould Cheikh Ould Mkhaitir