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