POLITICAL FSN SENTENCED UNDER QUESTIONABLE

S E C R E T TUNIS 000111

SIPDIS

NOFORN
SIPDIS

NEA FOR GRAY AND HOPKINS
NSC FOR ABRAMS

E.O. 12958: DECL: 01/24/2017
TAGS: PREL PGOV KMPI ASEC TS
SUBJECT: POLITICAL FSN SENTENCED UNDER QUESTIONABLE
CIRCUMSTANCES

REF: A. 1/24/07 GODEC/GRAY EMAIL


B. TUNIS 67 AND PREVIOUS

C. 06 STATE 200959

D. 06 STATE 19666

E. 06 TUNIS 2408

F. 06 TUNIS 1922

G. 06 TUNIS 622

H. 06 STATE 25824

CLASSIFIED BY: AMBASSADOR ROBERT F. GODEC FOR REASONS 1.4 (B) AND (D)


1. (U) THIS IS AN ACTION REQUEST. PLEASE SEE PARA 6.

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SUMMARY
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2. (S/NF) ON JANUARY 24, POST'S SENIOR POLITICAL FSN JAMIL
HALFAOUI WAS SENTENCED TO FOUR MONTHS IN PRISON ON A 2001
CHARGE OF DESTRUCTION OF PROPERTY, FOR WHICH HE HAD
PREVIOUSLY BEEN FOUND NOT GUILTY. HALFAOUI WORKS ALMOST
EXCLUSIVELY ON SENSITIVE HUMAN RIGHTS AND OPPOSITION
POLITICAL ISSUES IN TUNISIA, IN DIRECT SUPPORT OF PRESIDENT
BUSH'S FREEDOM AGENDA GOALS. IT APPEARS THE SENTENCE MAY BE
POLITICALLY MOTIVATED, DUE TO THE MINOR NATURE OF THE CASE,
PROCEDURAL FLAWS, QUESTIONABLE ASPECTS OF THE CASE, THE
OPINION OF THE DEFENSE LAWYERS, INFORMATION OBTAINED FROM
MEMBERS OF THE JUDICIARY, AND SIMILAR TACTICS USED BY THE GOT
TO PUNISH OPPOSITION ACTIVISTS. HALFAOUI IS APPEALING THE
SENTENCE TO THE TUNISIAN SUPREME COURT (COUR DE CASSATION).
ON JANUARY 25, AMBASSADOR VOICED OUR STRONG CONCERN TO
MINISTER OF STATE BEN DHIA, MINISTER OF JUSTICE TEKKARI AND
SECRETARY OF STATE FOR FOREIGN AFFAIRS CHTIOUI. POST ASKS

SIPDIS
NEA TO IMMEDIATELY CONVEY THE SAME MESSAGE TO THE TUNISIAN
AMBASSADOR TO WASHINGTON. POST CONTINUES TO GATHER
INFORMATION AND LOOK VERY CLOSELY AT THE DETAILS OF THE CASE.
POSTS ACTIONS TO DATE AND SUGGESTED TALKING POINTS FOLLOW.

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BACKGROUND
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3. (S/NF) BY SEPTEL, POST PROVIDES DETAILS ON THE CASE AND
SENTENCING OF JAMIL HALFAOUI. IT APPEARS THE SENTENCE MAY BE
POLITICALLY MOTIVATED DUE TO THE MINOR NATURE OF THE CASE,
PROCEDURAL FLAWS, QUESTIONABLE ASPECTS OF THE CASE, THE
OPINION OF THE DEFENSE LAWYERS, CONVERSATIONS HALFAOUI HAS
HAD WITH MEMBERS OF THE JUDICIARY, AND SIMILAR TACTICS USED
BY THE GOT TO PUNISH OPPOSITION ACTIVISTS. HALFAOUI PUBLICLY
WORKS ON A SENSITIVE HUMAN RIGHTS PORTFOLIO, AND HAS FREQUENT
CONTACT WITH OPPOSITION ACTIVISTS WHO ARE OPENLY PERSECUTED
BY THE GOT, INCLUDING STRONGLY ENCOURAGING THEM TO ATTEND
EMBASSY EVENTS AND MEET WITH EMBOFFS AND HIGH-LEVEL USG
OFFICIALS. HE HAS ON MANY OCCASIONS EXPRESSED CONCERN THAT
THE GOT MAY TARGET HIM FOR HIS WORK WITH THE EMBASSY. IN THE
WORDS OF HALFAOUIS LAWYER (THE GOT) "IS TRYING TO TURN HIM,
TRYING TO PUNISH HIM." HALFAOUI HIMSELF IS EXTREMELY
WORRIED, AND SAID HE EVEN FEARS TORTURE. HALFAOUI WAS
PRESENT AT THE EMBASSY WHEN THE VERDICT WAS HANDED DOWN ON
JANUARY 24 AND REMAINS AT THE EMBASSY. HALFAOUI IS APPEALING
THE SENTENCE TO THE TUNISIAN SUPREME COURT (COUR DE
CASSATION). DEPENDING ON THE OUTCOME OF ONGOING REVIEW, POST
MAY CONSIDER GRANTING HIM TEMPORARY REFUGE. POST BROUGHT THE
CASE TO THE ATTENTION OF L AND NEA/FO ON JANUARY 24 (REFS A
AND H).

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COMMENT AND RECOMMENDATION
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4. (S/NF) POST ACTIONS: IF WE DETERMINE THAT THE CASE IS
POLITICALLY MOTIVATED, THE USG SHOULD NOT ALLOW A SENIOR
POLITICAL FSN WORKING ON HUMAN RIGHTS TO BE IMPRISONED ON
DUBIOUS CHARGES WITHOUT SERIOUS REPERCUSSIONS TO THE
BILATERAL RELATIONSHIP. THIS ACTION FOLLOWS A STRING OF GOT
STEPS TO INTERFERE WITH USG POLICIES IN TUNISIA (REFS D AND
G),INFLAME ANTI-USG SENTIMENTS IN THE BROADER TUNISIAN
POPULACE (REF F),AND DELAY PROVIDING INFORMATION ON CRITICAL
SECURITY THREATS (REF B). AS OF 16:30 PM GMT, POST HAS TAKEN
THE FOLLOWING ACTIONS:

-- ON JANUARY 25, AMBASSADOR MET WITH MINISTER OF STATE,
PRESIDENTIAL SPOKESMAN AND SPECIAL ADVISOR TO THE PRESIDENT
ABDELAZIZ BEN DHIA TO CONVEY OUR CONCERN AND REQUEST FURTHER
DETAILS ON THE CIRCUMSTANCES OF THE CASE IMMEDIATELY.
AMBASSADOR SAID IF THE USG DETERMINED THAT THE CASE WAS THE
RESULT OF POLITICAL MOTIVATIONS, THERE WOULD BE SERIOUS


CONSEQUENCES FOR THE BILATERAL RELATIONSHIP. BEN DHIA
CLAIMED THIS WAS THE FIRST HE HAD HEARD ABOUT THE CASE AND
REMINDED AMBASSADOR THAT "PRESIDENT BEN ALI AND I NEVER
INTERVENE IN JUDICIAL MATTERS." BEN DHIA, HOWEVER, NEVER
DISMISSED THE NOTION THAT THIS MIGHT BE A POLITICALLY
MOTIVATED CASE AND SAID HALFAOUI'S LAWYER SHOULD BE ABLE TO
GIVE US HIS OPINION ON THAT. HE PROMISED THAT HE WOULD
FOLLOW UP WITH THE MINISTER OF JUSTICE AND INFORM AMBASSADOR
OF WHAT HE LEARNED.

-- ON THE MARGINS OF THE JANUARY 25 DIPLOMATIC CORPS NEW
YEARS CALL ON PRESIDENT BEN ALI, AMBASSADOR ALSO RAISED USG
CONCERNS ABOUT THIS CASE WITH MINISTER OF JUSTICE BECHIR
TEKKARI AND SECRETARY OF STATE FOR FOREIGN AFFAIRS SAIDA
CHTIOUI. AMBASSADOR CONVEYED THE URGENCY OF THE MATTER AND
OUR CONCERNS ABOUT THE INDEPENDENCE OF THE JUDICIARY.
ALTHOUGH TEKKARI DID NOT APPEAR FAMILIAR WITH THE CASE, HE
DID STRESS THAT HALFAOUI IS A TUNISIAN CITIZEN WITHOUT
DIPLOMATIC IMMUNITY. CHTIOUI ALSO APPEARED UNAWARE OF THE
CASE AND SAID SHE WOULD SHARE OUR CONCERNS WITH FOREIGN
MINISTER ABDALLAH UPON HIS RETURN TO TUNISIA ON JANUARY 26.

-- EMBASSY'S TUNISIAN LAWYER ALSO LOOKED AT THE DOCUMENTS
RELATED TO THE CASE. UPON HIS INITIAL REVIEW, HE
CHARACTERIZED THE CHARGES AND SENTENCE AS "RIDICULOUS," GIVEN
THE MINOR ACCUSATION. HE ALSO SAID THERE MAY BE PROCEDURAL
FLAWS IN THE CASE, AS IT IS UNUSUAL THAT HALFAOUI WAS TWICE
CHARGED IN ABSENTIA.

-- AS POST CONTINUES ITS REVIEW OF THE INFORMATION AND
OPTIONS, WE WILL CONSIDER EXPEDITING THE SPECIAL IMMIGRANT
VISA PROCESS FOR HALFAOUI AND HIS ELIGIBLE FAMILY MEMBERS.

-- POST WILL ALSO CONSIDER THE POSSIBILITY REQUESTING
ASSISTANCE FROM THE GLOBAL HUMAN RIGHTS DEFENDERS FUND (REFS
C AND D) TO PROVIDE ASSISTANCE TO HALFAOUI.


5. (S/NF) ACTION REQUEST: POST ASKS NEA TO MAKE THE
FOLLOWING POINTS TO TUNISIAN AMBASSADOR TO WASHINGTON MOHAMED
NEJIB HACHANA AS SOON AS POSSIBLE:

-- WE ARE CURRENTLY GATHERING INFORMATION AND LOOKING VERY
CLOSELY AT THE DETAILS OF THE SENTENCING OF A TUNISIAN
EMPLOYEE OF THE US EMBASSY IN TUNIS.

-- BASED ON THE INFORMATION WE CURRENTLY HAVE, IT APPEARS
THAT THE SENTENCE MAY BE POLITICALLY MOTIVATED.

-- IF WE DETERMINE THIS IS THE CASE, THERE WILL BE
CONSEQUENCES FOR OUR BILATERAL RELATIONSHIP.

-- WE WOULD APPRECIATE FURTHER INFORMATION FROM YOUR
GOVERNMENT ABOUT THE CASE.


6. (S/NF) POST WILL CONTINUE TO REPORT ON THE MATTER AS IT
PROCEEDS.
GODEC