Financial Crime World

Here is the article in markdown format:

Extradition and Mutual Legal Assistance Procedures in Mauritania

===========================================================

Extradition Procedure

Mauritania has established clear procedures for extradition, governed by various laws and international agreements. Here are some key aspects of the extradition procedure:

Provisional Arrest and Extradition Requests

  • Provisional arrest can be requested directly from the Public Prosecutor in urgent circumstances.
  • Extradition is provided for under several articles, including 719 of the Code of Criminal Procedure and article 96 of the Anti-Money Laundering Act.

Extradition Exceptions

  • Mauritania does not extradite its own nationals (Article 713 of the Code of Criminal Procedure), but applies the principle of “aut dedere aut judicare” (extradition or prosecution) in certain cases.
  • Sentences imposed by the requesting state can be enforced in Mauritania under the Riyadh Agreement.

Rights of Individuals

The rights of individuals are protected under various laws and agreements. Here are some key aspects:

Constitutional Protections

  • Rights are protected under Articles 13 and 14 of the Constitution.
  • Extradition requests cannot be refused based on discrimination, but this provision may be applied directly from international agreements.

Mauritania provides MLA on various matters governed by several laws, including:

MLA Agreements

  • MLA is governed by several laws, including the Riyadh Agreement and the Anti-Corruption Act.
  • Mauritania can provide MLA on all matters referred to in the Convention and within the framework of proceedings against legal persons.

Professional Secrecy

  • Professional secrecy is not a valid ground for refusing a request for MLA.

International Agreements

Mauritania has signed several agreements with other countries, including:

Extradition and Cooperation Agreements

  • Mauritania has signed agreements with France, Mali, Tunisia, Algeria, Morocco, Spain, and the Sudan to facilitate extradition and mutual cooperation.