GOT REACTION TO PRISONER RELEASE STATEMENT

C O N F I D E N T I A L TUNIS 000480

SIPDIS

SIPDIS

STATE FOR NEA/MAG - LAWRENCE

E.O. 12958: DECL: 03/02/2016
TAGS: PGOV PREL KDEM TS
SUBJECT: GOT REACTION TO PRISONER RELEASE STATEMENT

Classified By: CHARGE D'AFFAIRES a.i. DAVID BALLARD FOR REASONS 1.4 B &
D


1. (C) SUMMARY: On March 3, MFA Secretary of State for
American and Asian Affairs Saida Chtioui summoned Charg to
present a formal GOT reaction to the Department statement on
the February 25 release of over 1600 Tunisian prisoners.
Chtioui expressed the GOT's "surprise" that the Spokesman had
referenced NGO allegations that the released were political
prisoners, of which "there are none in Tunisia." Chtioui
added that all of the released had been convicted for their
involvement in violent acts, not for their beliefs or
membership in illegal organizations. Finally, Chtioui said
that those involved in the attempted demonstration on
February 24 were from illegal groups that are not allowed to
demonstrate. Despite the predictably negative reaction, it
is worth noting that Tunisia has in fact made progress toward
achieving several USG political reform targets in the past
two years. END SUMMARY.


2. (C) Chtioui began by saying Tunisia was surprised by the
USG statement, particularly as it is a well-known practice in
Tunisia for President Ben Ali to pardon prisoners on the
occasion of national holidays. With the fiftieth anniversary
of Tunisia's independence from France coming on March 20, the
President had decided to pardon a larger number of prisoners
than on other occasions. Chtioui asked why the Spokesman had
used the term "political prisoners" in the statement, when
"we don't have them here." Charg quoted from the statement
to note the released "had been described...as political
prisoners" by NGOs. (NOTE: Without a comprehensive list of
the individuals released, it is difficult to confirm that
those who were released were in fact political prisoners as
defined by the USG. END NOTE.) Chtioui said the continued
repetition of such statements reminds the world of the
allegations even when Tunisia is taking the positive step of
releasing prisoners. It seems like a kind of prejudice
against Tunisia, said Chtioui.


3. (C) Noting that the US is at the forefront of the Global
War on Terror, Chtioui asked, "Why do you call terrorists
political prisoners?" Charg responded that the USG agrees
with the imprisonment of terrorists, but is against
imprisonment simply for membership in an organization.
Chtioui responded that the an-Nahdha members pardoned were
all in prison for involvement in some violent or terrorist
act. She went on to explain that although the Zarzis group
was attempting the active assembly of a bomb, the President
believed these young people should have another chance to be
integrated into Tunisian society. Charg said that the basis
of the USG's concern, like Amnesty International's, about the
Zarzis case was related to the apparent failure of the GOT to
respect due process of law, not judgement of the group's
guilt or innocence.


4. (C) In conclusion, Chtioui said that the claim that the
GOT had banned a demonstration of legal political parties was
simply incorrect. None of those involved were legal parties,
which have the right to criticize the government and organize
demonstrations. However, citizens must respect the law, said
Chtioui, and illegal groups may not violate Tunisian laws.
Charg noted the attempted participation of the legal
Tunisian Human Rights League, which Chtioui rejected as "not
a party." When asked about the participation of the legal
Democratic Progressive Party (PDP),Chtioui said that she did
not have all the details about the attempted demonstration,
but that illegal opposition groups are not allowed to
demonstrate. (NOTE: The GOT strictly interprets "legal" and
"illegal" and often limits mixed group activities. END NOTE.)
Charg noted that the USG statement on this event reflects
our fundamental belief in the importance of freedom of
association and assembly in Tunisia and that the GOT should
always expect a strong USG reaction to any limitation of
these rights.


5. (C) COMMENT: The GOT routinely makes formal complaints to
the USG about our public statements, expressing its
disappointment that positive steps are rewarded with negative
comments. Its overly defensive reaction when challenged,
combined with its unique ability to follow good actions -
releasing prisoners - with bad - blocking civil society
activism - is self-defeating at best. The fact that GOT
restrictions on freedom of speech and association are more
prevalent that any positive political steps often make the
pace of any political reforms seem glacial.


6. (C) COMMENT, CONT: However, we should at the same time
note the GOT has made progress in political reform in the
past two years. Of the seven specific steps requested in
early 2004 by former DRL A/S Lorne Craner, the GOT has taken
positive action on four: (1) media freedom is growing, with
two new stations now broadcasting and palpable, if cautious,
trend toward more critical coverage by the media, (2)
approximately half (using the most reliable estimate) of
political prisoners have been released, and (3) the ICRC
conducts regular visits to Tunisian prisons. Post has also
just learned a new political party may have been recently
registered, which was another requested action. (Another
action regarding the choice of 2005 WSIS president is
irrelevant.) When these actions are considered as a group,
Tunisia's progress on the path of democratic reform is more
impressive than it often appears to be from day-to-day. END
COMMENT.
BALLARD