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. -------------- SUMMARY -------------- ¶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. -------------- BACKGROUND -------------- ¶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). -------------- COMMENT AND RECOMMENDATION -------------- ¶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