EMBASSY OFFICERS BLOCKED, AGAIN, FROM MEETING

C O N F I D E N T I A L TUNIS 002688

SIPDIS

C O R R E C T E D C O P Y (PARA 7 TEXT)

SIPDIS

NEA/MAG FOR HARRIS

E.O. 12958: DECL: 10/31/2016
TAGS: PREL PGOV PHUM KMPI TS
SUBJECT: EMBASSY OFFICERS BLOCKED, AGAIN, FROM MEETING
HUMAN RIGHTS ORGANIZATION IN BIZERTE

REF: TUNIS 2501

CLASSIFIED BY: CDA DAVID BALLARD FOR REASONS 1.4 B & D


1. (C) SUMMARY. ON OCTOBER 27, EMBASSY OFFICERS TRIED FOR A
SECOND TIME TO MEET WITH THE LOCAL CHAPTER OF THE TUNISIAN
HUMAN RIGHTS LEAGUE (LTDH). THREE WEEKS EARLIER, POLICE HAD
BLOCKED SUCH A MEETING, AND IN FOLLOW-ON CONVERSATIONS WITH
THE GOT, NO VALID REASON HAD BEEN GIVEN FOR THE PROHIBITION.
ON THE MORNING OF OCTOBER 27, THE MFA DIRECTOR GENERAL CALLED
THE EMBASSY RECOMMENDING THAT EMBOFFS NOT VISIT THE LTDH IN

BIZERTE, CITING A 2001 COURT RULING FORBIDDING ANY LTDH
ACTIVITY NOT RELATED TO PREPARING FOR ITS NATIONAL CONGRESS.
SINCE THE MFA DID NOT FORBID THE MEETING, EMBOFFS ATTEMPTED
TO VISIT THE LTDH, BUT WERE AGAIN PREVENTED BY SECURITY
OFFICIALS. THE MFA LATER SENT A DIPNOTE TO ALL DIPLOMATIC
MISSIONS SAYING THAT ALL LEAGUE ACTIVITIES WERE PROHIBITED,
CITING THE 2001 RULING. THIS INTERPRETATION CONTRADICTS A
2005 RULING THAT THE LTDH CANNOT PREPARE FOR ITS CONGRESS.
EMBOFFS PLAN TO MEET WITH LTDH PRESIDENT AND LAWYER MOKHTAR
TRIFI ON NOVEMBER 2 AT THE EMBASSY, TO ASK FOR HIS
INTERPRETATION OF THE DIPNOTE VIS-A-VIS PREVIOUS COURT
RULINGS, AND WILL COORDINATE A RESPONSE WITH EU COLLEAGUES
WHO HAVE BEEN ACTIVE WITH THE LTDH. END SUMMARY.

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EMBASSY QUIETLY PLANS BIZERTE VISIT; MFA PHONES TO STOP IT
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2. (C) ON OCTOBER 5, THREE EMBASSY OFFICERS WERE BLOCKED BY
SECURITY OFFICIALS FROM MEETING WITH THE LTDH IN THE NORTHERN
CITY OF BIZERTE (REFTEL). FOLLOWING THIS, POST, THE
DEPARTMENT, AND THE NSC RAISED OUR OBJECTIONS WITH VARIOUS
GOT INTERLOCUTORS. IN THE ABSENCE OF ANY CONCRETE
EXPLANATION AS TO WHY THE MEETING HAD BEEN CANCELED, AND IN
ORDER TO EMPHASIZE THAT EMBASSY OFFICIALS SHOULD BE ALLOWED
TO CONDUCT MEETINGS WITH ALL TUNISIANS, THROUGHOUT THE
COUNTRY, POLOFFS ARRANGED WITH LTDH BIZERTE MEMBER AND AL
JAZEERA CORRESPONDENT LOTFI HAJJI TO SET UP A SECOND MEETING
IN BIZERTE ON OCTOBER 27. POLFSN CALLED HAJJI TO ARRANGE THE
DETAILS OF THE MEETING. ON THE MORNING OF OCTOBER 27TH, MFA
DIRECTOR GENERAL FOR AMERICAS GHAZI JOMAA CALLED EMBOFFS AND
SAID THAT A MEETING WITH THE LTDH IN BIZERTE SHOULD NOT GO
FORWARD, CITING A JUNE 2001 COURT RULING THAT HE CLAIMED
PREVENTED THE LTDH FROM CONDUCTING ANY ACTIVITIES UNRELATED
TO THE PREPARATION OF ITS NATIONAL CONGRESS. EMBOFF ASKED
FOR A WRITTEN EXPLANATION OF THIS POLICY, WHICH DIRECTLY
OPPOSED PREVIOUS PRESS REPORTS AND CLAIMS BY GOT
INTERLOCUTORS THAT THE OPPOSITE WAS TRUE -- LTDH WAS
PROHIBITED FROM PREPARING FOR ITS CONGRESS DUE TO A SEPTEMBER
2005 RULING. EMBOFF FURTHER EXPLAINED THAT THE EMBASSY HAD
MET OFTEN WITH LTDH OFFICIALS SINCE 2001, INCLUDING AT THE
AMBASSADORIAL LEVEL.

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SECOND MEETING BLOCKED
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3. (C) SINCE JOMAA WOULD NOT SAY THAT EMBASSY OFFICERS WERE
FORBIDDEN TO MEET WITH LTDH IN BIZERTE, AND HAD PROVIDED NO
WRITTEN EXPLANATION OF POLICY SUGGESTING THAT SUCH A MEETING
WOULD NOT BE PERMITTED, POLCOUNS, POLOFF AND POLFSN TRAVELED
TO BIZERTE ON THE AFTERNOON OF OCTOBER 27. ARRIVING AT THE
LTDH BUILDING IN BIZERTE, WHICH IS ALSO THE RESIDENCE OF
CHAPTER PRESIDENT ALI BEN SALEM, EMBOFFS SAW APPROXIMATELY 40
POLICE OFFICERS STANDING AT ALL ROADS LEADING TO THE
HEADQUARTERS, BLOCKING LTDH MEMBERS' ACCESS TO THE BUILDING.
EMBOFFS WERE MET BY RIDHA BOUZGAYA, WHO IDENTIFIED HIMSELF AS
THE HEAD OF SECURITY FOR THE BIZERTE GOVERNORATE. BOUZGAYA,
ALONG WITH HIS DEPUTY AND OTHER PLAIN-CLOTHES POLICE
OFFICERS, WELCOMED EMBOFFS TO BIZERTE, BUT POLITELY EXPLAINED
THAT THEY WOULD NOT BE PERMITTED TO MEET WITH THE LTDH
BIZERTE STEERING COMMITTEE. BOUZGAYA SAID THAT HE WAS
CARRYING OUT THE JUDICIAL DECISION OF JUNE 2001, WHICH,
ECHOING JOMAA'S EARLIER CALL, HE SAID, FORBID THE LTDH FROM
CONDUCTING ANY ACTIVITIES EXCEPT TO PREPARE FOR ITS CONGRESS.
POLCOUNS EXPLAINED THAT THREE WEEKS EARLIER, EMBOFFS HAD
BEEN GIVEN THE EXACT OPPOSITE REASON AS TO WHY THEY COULDN'T
MEETING WITH THE LTDH: THAT THE LEAGUE WAS NOT PERMITTED TO
PREPARE FOR ITS CONGRESS. POLCOUNS ASKED HOW THE SECURITY
OFFICIALS HAD BEEN INFORMED ABOUT THE MEETING, TO WHICH
BOUZGAYA RESPONDED: "HOW DID YOU SET IT UP?" WHEN ASKED IF
EMBOFFS COULD MEET WITH THE LTDH STEERING COMMITTEE AT
ANOTHER LOCATION BESIDES THE LTDH BUILDING, BOUZGAYA REPLIED
THAT ANY MEETING WITH THE LTDH STEERING COMMITTEE WAS
FORBIDDEN. HE SAID THAT EMBOFFS COULD MEET WITH ALI BEN
SALEM ALONE, BUT BEN SALEM, WHO WAS ON THE SCENE, REFUSED
SUCH A MEETING OUT OF THE PRINCIPLE THAT THE STEERING
COMMITTEE AS A WHOLE SHOULD BE ALLOWED TO MEET. AFTER A


HALF-HOUR, EMBOFFS LEFT THE SCENE AND RETURNED TO TUNIS,
ESCORTED TO THE CITY LIMITS BY A UNMARKED FOLLOW-CAR.

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MFA SENDS DIPNOTE TO ALL DIPLOMATIC MISSIONS FORBIDDING
MEETING WITH LTDH
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4. (SBU) IN THE WAKE OF THE BLOCKED MEETING, ON OCTOBER 31,
THE MFA SENT A DIPNOTE TO ALL DIPLOMATIC MISSIONS IN TUNISIA
WITH THE FOLLOWING TEXT (TRANSLATED FROM FRENCH):

(THE MFA) REMINDS (DIPLOMATIC MISSIONS) THAT THE TUNISIAN
HUMAN RIGHTS LEAGUE IS SUBJECT TO THE ORDER OF A JUDICIAL
DECISION RENDERED BY THE TUNIS COURT OF APPEAL, JUNE 21,
2001, WHICH PROHIBITS ALL ACTIVITY OF THE LTDH. THE COURT
LIMITS ACTIVITY TO ONLY THOSE ACTS HAVING A DIRECT LINK TO
THE PRACTICAL PREPARATION ON THE CONGRESS. THEREFORE, THE
LEAGUE CANNOT CONDUCT ANY ACTIVITY NOR HAVE ANY CONTACT
OUTSIDE OF THAT WHICH IS AUTHORIZED BY THE JUDICIAL DECISION.
THIS JUDICIAL DECISION APPLIES TO ALL PROCEEDINGS OF THE
LEAGUE INCLUDING FOR THE CENTRAL HEADQUARTERS AND ALL
REGIONAL SECTIONS.

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BACKGROUND ON LTDH LEGAL TROUBLES
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5. (SBU) SINCE THE INDEPENDENT LEADERSHIP OF MOKHTAR TRIFI
WAS ELECTED TO LEAD THE LTDH IN 2000, THERE HAVE BEEN
MULTIPLE COURT CASES CHALLENGING HIS LEADERSHIP AND THE
CURRENT STEERING COMMITTEE. THE 2001 DECISION REFERRED TO BY
THE MFA FOLLOWED ACCUSATIONS THAT THE LTDH CONGRESS THAT
ELECTED TRIFI WAS INVALID DUE TO LEAGUE MEMBERSHIP CARDS
HAVING NOT BEEN RENEWED BEFORE THE CONGRESS. THIS DECISION
REPORTEDLY CALLED FOR NEW ELECTIONS, WITH ALL MEMBERS VOTING,
AND STIPULATES THAT THE LEAGUE ACTIVITIES SHOULD BE LIMITED
TO PREPARATIONS FOR THIS CONGRESS. HOWEVER, NO CONGRESS WAS
HELD AND IN THE INTERIM PERIOD, TRIFI OVERSAW A RESTRUCTURING
THAT EFFECTIVELY ELIMINATED REGIONAL LTDH CHAPTERS WHOSE
MEMBERS WERE OVERWHELMINGLY PRO-GOT. THIS WOULD HAVE ALLOWED
TRIFI TO HOLD ELECTIONS, WITHOUT FEAR THAT A PRO-GOT
CANDIDATE WOULD WIN A MAJORITY. SUBSEQUENT TO THIS MOVE BY
TRIFI, ANOTHER CASE WAS BROUGHT TO COURT BY PRO-GOT LTDH
MEMBERS ALLEGING THAT TRIFI'S RESTRUCTURING HAD BEEN ILLEGAL
ACCORDING TO LEAGUE STATUTES. ALTHOUGH THIS CASE HAS BEEN
POSTPONED MULTIPLE TIMES, AN INTERIM RULING IN SEPTEMBER 2005
SAID THAT IN ADVANCE OF A FINAL RULING, THE LEAGUE COULD NOT
PREPARE FOR ITS CONGRESS. BEFORE THIS RULING, DESPITE THE
2001 DECISIONS, LTDH CHAPTERS THROUGHOUT THE COUNTRY HAD BEEN
MEETING AND CARRYING OUT SOME ACTIVITIES. SINCE THE 2005
RULING, SECURITY OFFICIALS HAVE BLOCKED REGIONAL CHAPTER FROM
MEETING AT LTDH LOCALES (THEY HAVE REPORTEDLY MET
UNOFFICIALLY AT CAFES),ALTHOUGH THE LTDH CENTRAL STEERING
COMMITTEE HAS MET IN TUNIS.

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COMMENT
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6. (C) EMBOFFS HAVE MET WITH LTDH OFFICIALS MANY TIMES SINCE
2001, AND THE AMBASSADOR ALSO ATTENDED A FUNCTION AT THE LTDH
EARLIER THIS YEAR. THE DIPNOTE OF OCTOBER 31 IS THE MOST
BROAD, OFFICIAL BAN ON LEAGUE ACTIVITIES TO DATE. EMBOFFS
PLAN TO MEET WITH TRIFI ON NOVEMBER 2, TO ASK FOR HIS
INTERPRETATION OF THE DIPNOTE VIS-A-VIS PREVIOUS COURT
RULINGS, AND WILL COORDINATE A RESPONSE WITH EU COLLEAGUES
WHO HAVE BEEN ACTIVE WITH THE LTDH.


7. (C) COMMENT (CONTD): THE GOTS ARGUMENT THAT THE LTDH
MATTER IS AN INTERNAL ORGANIZATIONAL AFFAIR, AND THAT
SECURITY OFFICIALS ARE ONLY CARRYING OUT A JUDICIAL DECISION,
MIGHT BE BELIEVABLE WERE THE TUNISIAN JUDICIARY INDEPENDENT.
IN OUR VIEW, THIS IS JUST ANOTHER MANIFESTATION OF THE GOTS
FEAR OF ANY CIVIL SOCIETY ORGANIZATION NOT UNDER ITS COMPLETE
CONTROL. THE GOT IS WELL-PRACTICED IN USING CUNNINGLY
COMPLEX JUDICIAL PROCESSES TO ACHIEVE ITS ULTIMATE GOAL OF
TRANSFORMING THE ARAB WORLD'S OLDEST HUMAN RIGHTS NGO AND ONE
OF THE FEW TUNISIAN INSTITUTIONS PROVIDING EVEN A MINIMAL
CHECK ON THE GOT INTO YET ANOTHER PRO-REGIME NGO CHEERLEADER. WE
BELIEVE THIS OUTRAGEOUS INTERPRETATION WILL PROVOKE STRONG REACTIONS
FROM OTHER GOVERNMENTS AND NGOS, RESULTING IN A REEXAMINATION OF THE
ISSUE. IN THE MEANTIME, WE'LL RESPECT THE BAN. END COMMENT.
BALLARD