TIMELINE ON EVENTS LEADING TO SENTENCING OF SENIOR

C O N F I D E N T I A L TUNIS 000112

SIPDIS

C O R R E C T E D C O P Y (PARA 1 & 2 CLASSIFICATION MARKINGS)

SENSITIVE
SIPDIS

NEA FOR GRAY AND HOPKINS
NSC FOR ABRAMS
E.O. 12958: DECL: 01/24/2017
TAGS: PREL PGOV KMPI ASEC TS
SUBJECT: TIMELINE ON EVENTS LEADING TO SENTENCING OF SENIOR
POLITICAL FSN

CLASSIFIED BY: AMBASSADOR ROBERT F. GODEC FOR REASONS 1.4 B & D


1. (C) 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. POST IS CONTINUING TO INVESTIGATE THIS
MATTER AND IT APPEARS THE CASE MAY BE POLITICALLY MOTIVATED
(SEPTEL). THE FOLLOWING IS A DETAILED TIMELINE OF EVENTS
PERTAINING TO THE CRIMINAL CASE, AND A LISTING OF PROCEDURAL
FLAWS, INDICATIONS OF THE POLITICAL MOTIVATION BEHIND THE
CHARGE AND OTHER QUESTIONABLE ASPECTS OF THE CASE.

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2. (C) TIMELINE OF EVENTS IN THE CASE OF JAMIL HALFAOUI,
SENIOR POLITICAL FSN, EMBASSY TUNIS:
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FEB 19, 2001 -- IN HIS CAPACITY AS A VOLUNTARY MEMBER OF THE
OWNERS' ASSOCIATION OF HIS THEN-APARTMENT COMPLEX IN THE
TUNISIAN SUBURB OF EL-MANAR II, JAMIL HALFAOUI, TOGETHER WITH
THE BUILDING GUARD, REMOVED IRON BARS BELONGING TO MOHAMMED
YASSER JERANA, AN EGYPTIAN WHO WORKS AT THE ARAB RADIO
STATION UNION AND WAS RENTING AN APARTMENT IN A NEIGHBORING
BUILDING. THE BARS WERE REMOVED FOR TWO REASONS. FIRST, THE
BARS WERE PLACED IN THE PARKING LOT THAT WAS RESERVED FOR THE
TENANTS OF HALFAOUIS BUILDING; THUS JERANA WAS NOT ENTITLED
TO INSTALL THE IRON BARS THERE. SECOND, THE BARS WERE NOT
STABLE AND POSED A SAFETY THREAT TO THE BUILDINGS RESIDENTS,
AS HALFAOUI REPORTED TO THE EL MANAR POLICE ON FEB 20, 2001.
HALFAOUI AND THE BUILDING GUARD REMOVED THE BARS, AND PUT
THEM IN THE RESERVED AREA OF THE PARKING LOT OF THE
NEIGHBORING BUILDING, WHERE MR. JERANA WAS LIVING.

MAY 22, 2002 -- TUNIS COURT OF FIRST INSTANCE SENTENCED
HALFAOUI IN ABSENTIA TO FOUR MONTHS OF IMPRISONMENT FOR THE
INTENTIONAL DESTRUCTION OF ANOTHER'S PROPERTY.

JULY 18, 2002 -- HALFAOUI WAS INFORMED OF THE ABOVE SENTENCE.
HE WAS GIVEN 10 DAYS TO "OPPOSE" THE SENTENCE BEFORE THE
SAME COURT. HE DID SO WITHIN THE ALLOTTED TIME PERIOD, AND
WAS DECLARED NOT QY.

NOV 30, 2006 -- HALFAOUI WAS INFORMED THAT THE TUNIS COURT OF
APPEAL HAD SENTENCED HIM TO FOUR MONTHS OF IMPRISONMENT IN
ABSENTIA, ON FEB. 19, 2003. HE WAS GIVEN 10 DAYS TO APPEAL.
HE APPEALED WITHIN THE ALLOTTED TIME.

JAN 6, 2007 -- THE APPEAL TRIAL TOOK PLACE.

JAN 24, 2007 -- THE VERDICT WAS ANNOUNCED: FOUR MONTHS
IMPRISONMENT. INITIALLY, HALFAOUIS LAWYER WAS INFORMED THAT
THE SENTENCE WAS WITH IMMEDIATE IMPLEMENTATION.

JAN 25, 2007 -- HALFAOUI'S LAWYER WAS INFORMED THAT AN
"IMMEDIATE IMPLEMENTATION" CLAUSE HAD NOT IN FACT BEEN
RECORDED IN CONNECTION WITH THIS CASE.

JAN 25, 2007 -- HALFAOUI'S LAWYER FILED REQUEST BEFORE THE
COURT OF CASSATION TO OVERTURN THE COURT OF APPEAL DECISION.

JAN 25, 2007 -- HALFAOUI IS CONTACTED BY JAOUIDA GUIGA,
CHAMBER PRESIDENT AT THE COURT OF CASSATION, WHO ASKS HIM TO
CALL HER ON A DIFFERENT PHONE FROM HIS NORMAL CELL PHONE, AND
TELLS HIM THAT SHE HAS BEEN TOLD THE CASE WAS ADVANCED BY THE
EGYPTIAN EMBASSY, ON BEHALF OF MR. JERANA. GUIGA REPORTED
THAT THE EGYPTIAN AMBASSADOR SOUGHT ASSISTANCE FROM THE
MINISTER OF JUSTICE TO MOVE THE CASE AGAINST HALFAOUI
FORWARD. SUBSEQUENTLY, AMBASSADOR SPOKE WITH THE EGYPTIAN
AMBASSADOR WHO DENIED ANY INVOLVEMENT, BUT SAID THAT SHE
WOULD CHECK WITH HER CONSULAR STAFF. HALFAOUI, IN TURN,
CONTACTED JERANA, STILL LIVING IN TUNIS, WHO SAID HE HAD HAD
NO INVOLVEMENT IN THE CASE SINCE 2001, WHEN HE ASKED THE
EGYPTIAN EMBASSY TO HANDLE IT. HE APOLOGIZED TO HALFAOUI
THAT THE CASE WAS STILL ACTIVE AND THAT A VERDICT OF
IMPRISONMENT HAD BEEN LEVIED. JERANA SAID HE WOULD GLADLY
SIGN A DOCUMENT WITHDRAWING HIS COMPLAINT AGAINST HALFAOUI.
FINALLY, CONSUL CALLED EGYPTIAN CONSUL, WHO VERIFIED THAT HE
HAD NOT INTERVENED ON BEHALF OF JERANA TO PURSUE THE CASE.
THE EGYPTIAN CONSUL SAID THAT THE EGYPTIAN AMBASSADOR HAD
CONTACTED HIM FOLLOWING AMBASSADOR'S CALL AND WANTED HIM TO
DO WHATEVER NECESSARY TO SEE THE MATTER RESOLVED.

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3. (SBU) PROCEDURAL FLAW:
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-- TRIALS IN ABSENTIA: HALFAOUI WAS TWICE TRIED IN ABSENTIA,


DESPITE THE FACT THAT HIS WHEREABOUTS HAVE BEEN WELL-KNOWN.
INDEED, THERE WAS NO QUESTION OF HIS WHEREABOUTS WHEN IT CAME
TIME TO INFORM HIM OF THE VERDICTS, WHICH WERE DELIVERED TO
HIS RESIDENCE.

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4. (C) INDICATIONS OF POLITICAL MOTIVATION
AND OTHER QUESTIONABLE ASPECTS:
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-- MOTIVATION OF JUDGE: HALFAOUI SAID THAT UPON NOTIFICATION
ON NOVEMBER 30 OF THE APPELATE COURT JUDGMENT, HE ASKED A
FRIEND AND JUDGE, HABIB GHARIANI (PROTECT) TO SPEAK WITH THE
PRESIDING JUDGE BEN JAAFAR ABOUT THE CASE. GHARIANI SAID
THAT HE DID NOT PERSONALLY KNOW BEN JAAFAR, BUT THAT HE KNEW
HIS SENIOR ASSISTANT. SUBSEQUENTLY, GHARIANI CALLED HALFAOUI
AND TOLD HIM TO MEET HIM IN A NEIGHBORHOOD NEAR THE EMBASSY.
ACCORDING TO HALFAOUI, AT THIS MEETING GHARIANI WAS VISIBLY
NERVOUS, AND SAD THAT BEN JAAFARS SENIOR ASSISTANT TOLD HIM
THAT WHEN HE ASKED BEN JAAFAR ABOUT THE CASE, BEN JAAFAR SAID
YES, HE KNEW THE CASE OF HALFAOUI, "THE INTERPRETER WORKING
WITH THE AMERICANS, AND SELLING THE SECRETS OF OUR COUNTRY."

-- JAOUIDA GUGIA, A SENIOR JUDGE AND FRIEND OF HALFAOUI
REPORTED TO HALFAOUI THAT BEN JAAFAR HAD TOLD HER THAT HE WAS
GOING TO FIND HALFAOUI NOT GUILTY, BUT THAT HE WAS UNDER
PRESSURE (NFI).

-- HALFAOUI'S SENSITIVE PORTFOLIO: HALFAOUI PUBLICLY WORKS ON
A SENSITIVE HUMAN RIGHTS PORTFOLIO, AND HAS FREQUENT CONTACT
WITH OPPOSITION ACTIVISTS WHO ARE OPENLY PERSECUTED BY THE
GOT. HE HAS ON NUMEROUS OCCASIONS EXPRESSED CONCERN THAT THE
GOT MAY TARGET HIM FOR HIS WORK WITH THE EMBASSY. HE IS
OUTSPOKEN ABOUT GOT HUMAN RIGHTS ABUSES AND CRITICAL OF
PRESIDENT BEN ALI WITHIN THE WALLS OF THE EMBASSY AND IN
INTERNAL E-MAILS. IN DECEMBER, HALFAOUI WAS GIVEN A SUPERIOR
HONOR AWARD FOR "CONTINUOUS OUTSTANDING AND CREATIVE
PERFORMANCE OF POLITICAL DUTIES WHICH HAS STRENGTHENED THE
U.S.-TUNISIAN RELATIONSHIP, AND PROMOTED DEMOCRATIC REFORM
AND RESPECT FOR HUMAN RIGHTS."

--IN ADDITION, THE CONTENT OF AN EDITORIAL IN AL-HADATH
NEWSPAPER ON SEPTEMBER 19, WHICH IS OPENLY REFERRED TO AS A
MOUTHPIECE FOR THE MOI, WAS CLEARLY DRAWN FROM AN INTERCEPTED
TELCON BETWEEN HALFAOUI AND A CIVIL SOCIETY ACTIVIST.
HALFAOUI WAS SETTING UP A MEETING FOR
POLOFF, WHO WAS WORKING ON THIS YEARS HUMAN RIGHTS REPORT.
BLOCK QUOTE: "WE HAVE NOTICED THAT A CERTAIN NUMBER OF
SO-CALLED TUNISIAN OPPOSITION LEADERS AND, IN PARTICULAR,
SOME ACTIVISTS FROM INSIGNIFICANT POLITICAL PARTIES AND NGOS
WHO ARE, IN REALITY, UNSCRUPULOUS AMBITIOUS INDIVIDUALS
DISGUISED UNDER CIVIL SOCIETY ACTIVITIES, DO NOT HESITATE FOR
A MOMENT TO RECEIVE INVITATIONS FROM EMBASSIES OF SUPERPOWER
COUNTRIES IN TUNIS TO ATTEND FESTIVITIES, RECEPTIONS AND
SOMETIMES VOLUNTEER TO HELP EMBASSIES, OFFICIALS PREPARE
THEIR INTELLIGENCE REPORTS ABOUT TUNISIAS INTERNAL
AFFAIRS. IN FACT, ONE OF THE DISMISSED JUDGES WHEN ASKED BY
ONE OF THE EMPLOYEES (HALFAOUI) OF ONE OF THE SUPERPOWER
EMBASSY'S OFFICIALS TO MEET WITH HIM IN THE FRAMEWORK OF HIS
PREPARATIONS FOR A REPORT ABOUT OUR COUNTRY, DID NOT HESITATE
ONE SINGLE MOMENT TO ACCEPT TO MEET WITH HIM. HE SAID HE
WOULD WARMLY RECEIVE THE CONCERNED OFFICIAL AT HIS HOUSE AND
PROMISED TO INVITE TO THE MEETING SOME LAWYERS WHO ARE ACTIVE
MEMBERS OF ONE OF THE NGOS WITH ISLAMIST TENDENCY. THIS
DISMISSED JUDGE DID EVEN SUGGEST, IN ADDITION, PROVIDING THIS
EMBASSY'S OFFICIAL WITH DOCUMENTS AND INFORMATION NECESSARY
FOR THE ELABORATION OF THE REPORT."

-- INVOLVEMENT OF MINISTRY OF JUSTICE CHIEF OF STAFF?: HABIB
GHARIANI ALSO TOLD HALFAOUI THAT THE SENIOR ASSISTANT OF BEN
JAAFAR SAID THAT THE CHIEF OF STAFF OF THE MINISTRY OF
JUSTICE LOTFI DAOUAS CALLED BEN JAAFAR AT HOME AND TOLD BEN
JAAFAR TO BRING HIM THE HALFAOUI DOSSIER IMMEDIATELY.
FOLLOWING THE CONVERSATION BEN JAAFAR REPORTEDLY LOCKED THE
FILE IN A DRAWER, TO PREVENT ANYONE ELSE FROM EXAMINING, AND
POTENTIALLY TAKING ACTION ON, THE CASE.

-- INQUIRIES BY UNKNOWN INDIVIDUALS ABOUT THE CASE: THE
COURT CLERK INFORMED HALFAOUI'S ATTORNEY'S CLERK THAT, ON
JANUARY 24 THE DAY THE SENTENCE OF THE FINAL APPEAL WAS
HANDED DOWN, THERE WERE TWO INDIVIDUALS, EVIDENTLY GOT
OFFICIALS, WHO CAME TO INQUIRE ABOUT THE STATUS OF THE
SENTENCING. THE COURT CLERK CONCLUDED THAT, "THIS MUST BE A
HOT CASE."

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5. (U) BACKGROUND ON THE PENAL CODE:



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-- ARTICLE 304 OF THE PENAL CODE STIPULATES THAT ONE WHO
VOLUNTARILY, AND WHO INTENTIONALLY, OTHER THAN BY EXPLOSION
OR FIRE, DAMAGES OTHER PEOPLES PROPERTY, WHETHER MOVEABLE OR
IMMOVABLE (REAL ESTATE),IS SUBJECT TO IMPRISONMENT UP TO
THREE YEARS AND A FINE OF 200 TD. THE ATTEMPT IS ALSO
PUNISHABLE.

-- HALFAOUI HAS THE RIGHT TO MAKE A REQUEST BEFORE THE COURT
OF CASSATION TO OVERTURN THE COURT OF APPEAL DECISION. THERE
ARE THREE POSSIBLE SCENARIOS FOR THE OUTCOME OF THE COURT OF
CASSATIONS REVIEW, SHOULD IT AGREE TO HEAR THE CASE: A) THE
COURT COULD CANCEL THE SENTENCE, B) THE COURT COULD SEND THE
CASE BACK TO THE COURT OF APPEALS TO BE EXAMINED BY ANOTHER
CHAMBER WITH DIFFERENT JUDGES, OR C) THE COURT COULD UPHOLD
THE COURT OF APPEALS DECISION.

-- THE PROSECUTOR-GENERAL OF THE COURT OF APPEAL HAS THE
RIGHT TO STOP THE IMPLEMENTATION OF THE SENTENCE, WHILE THE
COURT OF CASSATION EXAMINES THE CASE. IN GENERAL, THIS
SUSPENSION OF THE IMPLEMENTATION OF A VERDICT IS ACCORDED TO
THOSE WHO DO NOT HAVE A PRIOR CRIMINAL RECORD, DO NOT POSE A
THREAT TO SOCIETY, WHO HAVE PERMANENT EMPLOYMENT, AND WHO
HAVE FAMILIES FOR WHOM THEY PROVIDE.

GODEC