TUNISIAN JOURNALIST SAYS DEFAMATION TRIAL

C O N F I D E N T I A L SECTION 01 OF 02 TUNIS 001133 SIPDIS SIPDIS DEPARTMENT FOR NEA/FO (GRAY AND CARPENTER) NEA/MAG (HOPKINS/HARRIS); NEA/PI; DRL LONDON AND PARIS FOR NEA WATCHER E.O. 12958: DECL: 08/16/2017 TAGS: PHUM PGOV PREL KDEM KPAO TS SUBJECT: TUNISIAN JOURNALIST SAYS DEFAMATION TRIAL POLITICALLY MOTIVATED REF: A. TUNIS 986 ¶B. TUNIS 1058 ¶C. TUNIS 770 ¶D. TUNIS 840 ¶E. TUNIS 939 Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d) -------------- Summary -------------- ¶1. (C) On August 16, Tunisian journalist Omar Mestiri made his second court appearance in his ongoing trial for defamation. During an August 14 meeting, Mestiri opined that irregularities in the proceedings suggest that his trial is politically motivated. Mestiri was charged soon after he wrote two articles accusing President Ben Ali's family of corruption, though the charges themselves pertain to an article Mestiri authored questioning the reinstatement of attorney Mohamed Baccar, who had been disbarred following convictions for fraud and forgery. Mestiri's case has attracted international attention. If convicted, Mestiri could easily become Tunisia's next poster child for freedom of expression (N.B. see Ref A and previous for post's reporting on Mohamed Abbou, who last held that distinction). The trial's timing, coming on the heels of Mohamed Abbou's release, sends mixed signals regarding the GOT's willingness to ease restrictions on civil society. End summary. -------------- Not Your Average Trial -------------- ¶2. (C) Tunisian journalist Omar Mestiri was sued for defamation by attorney Mohammed Baccar (who was disbarred after he was convicted of fraud and forgery),following the September 2006 publication of an article Mestiri wrote questioning the circumstances under which Baccar's license to practice law was reinstated. Mestiri appeared in court on August 2, 2007; Baccar asked for additional time so he could present new information, and the hearing was postponed to August 16. Mestiri's attorneys protested Baccar's second request for a continuation after Baccar failed to present any new information on August 16, but the court postponed Mestiri's hearing to August 28. ¶3. (C) During an August 14 meeting with PolOff, Mestiri opined that irregularities in the proceedings suggest his trial is politically motivated. According to Mestiri, Tunisian law stipulates that defamation charges must be filed within three months of the incident in question. In Mestiri's case, charges were not filed until eight months after the article about Baccar was published. Mestiri's trial also takes place during the summer session, a time normally reserved for urgent cases or prisoners awaiting sentencing. Pointing out the summer session coincides with the time when most people in Tunisia go on vacation, Mestiri speculates that by holding his trial in August the GOT was attempting to avoid national and international attention. Mestiri maintains that the article about Baccar is completely true, and according to Tunisian law one cannot be sued for defamation for telling the truth. Finally, in order to prove defamation, Baccar must prove that the article was read and had an effect in Tunisia. Since the article was published in the online newspaper Kalima (a site blocked in Tunisia), Mestiri contends that Baccar cannot meet the burden of proof set by law. ¶4. (C) Despite an apparently weak case and procedural irregularities, Mestiri's trial has proceeded. Sihem Bensedrine (Mestiri's wife and the spokesperson for the unauthorized human rights NGO National Council for Liberties in Tunisia or CNLT) questioned Baccar's motivation for pursuing a case that only draws more attention to the circumstances under which he regained his license to practice law. The exposure Mestiri's original article gained in Tunisia was minimal compared to the exposure being generated by the trial. Mestiri and Bensedrine believe the real motivation behind the charges against Mestiri stem from two articles he wrote in October 2006 and May 2007. However, they offer no concrete evidence of this beyond the circumstances. The exposes focused on alleged corruption in the family of President Ben Ali. -------------- International Support -------------- TUNIS 00001133 002 OF 002 ¶5. (C) Mestiri enjoys considerable support from Tunisian civil society and the international community. Among the civil society activists that made appearances at Mestiri's August 16 court date were Mohamed Nourri (President of the International Association of Political Prisoners),Nejjib Chebbi (former Secretary General of the opposition Progressive Democratic Party),Mohamed Abbou, Mustapha Ben Jaafar (Secretary General of the opposition Democratic Forum for Work and Liberty party),and the Secretary General of the unrecognized Tunisian Journalists syndicate. A reporter from the Paris office of Reporters Without Borders was also in attendance. Though a representative from the British Embassy planned to attend, PolOff was the only diplomatic observer. The Reporters Without Borders representative indicated that the French Embassy had stated it was following the case, but was unable to send an observer. -------------- Another Abbou? -------------- ¶6. (C) Mestiri's trial comes on the heels of the July 15 release of attorney and activist Mohamed Abbou (Ref A). (Note: Abbou published two articles on the internet criticizing President Ben Ali and Tunisia's prison system. He was subsequently convicted of "defamation of the judicial system," and served over two years in prison. While civil society activists hailed his release, they were cautious to attach any significance, saying that the GOT could always arrest someone new (Ref B). End Note.) -------------- Comment -------------- ¶7. (C) We will continue to look into the Mestiri case and to follow it closely. To this end, post will seek a meeting with Mohamed Baccar. End Comment. GODEC