BEN DHIA: POLFSN SHOULD APPEAL

S E C R E T TUNIS 000121 SIPDIS NOFORN SIPDIS STATE FOR NEA GRAY, HOPKINS NSC FOR ABRAMS E.O. 12958: DECL: 01/25/2017 TAGS: PREL PGOV KMPI ASEC TS SUBJECT: BEN DHIA: POLFSN SHOULD APPEAL REF: A. TUNIS 112 ¶B. TUNIS 111 CLASSIFIED BY: AMBASSADOR ROBERT F. GODEC FOR REASONS 1.4 (B) AND (D) ¶1. (S/NF) ON JANUARY 26, MINISTER OF STATE, SPECIAL ADVISOR TO THE PRESIDENT AND OFFICIAL SPOKESMAN FOR THE PRESIDENCY ABDELAZIZ BEN DHIA INVITED AMBASSADOR TO THE PRESIDENTIAL PALACE TO FOLLOW UP ON AMBASSADOR'S JANUARY 25 INQUIRY ABOUT THE LEGAL CASE OF POLFSN JAMIL HALFAOUI (REFTELS). AMBASSADOR REMINDED BEN DHIA THAT HE WANTED TO BE ABSOLUTELY CERTAIN THE CASE WAS NOT POLITICALLY MOTIVATED, STRESSING THAT HALFAOUI WORKS ON SENSITIVE DEMOCRACY AND HUMAN RIGHTS ISSUES. BEN DHIA, WHO APPEARED TO BE EXTREMELY WELL-INFORMED ABOUT THE CASE AND HAD SOME OF THE LEGAL DOCUMENTS IN HIS POSSESSION, TOLD AMBASSADOR THAT THE CASE WAS "NOT POLITICAL." BEN DHIA SAID HALFAOUI SHOULD IMMEDIATELY PROCEED WITH FILING A REQUEST FOR A SUPREME COURT (COUR DE CASSATION) REVIEW OF THE CASE AND A SEPARATE REQUEST TO THE APPEALS COURT FOR SUSPENSION OF THE IMPLEMENTATION OF THE JANUARY 24 SENTENCE, PENDING THE SUPREME COURT REVIEW OF THE CASE. WHILE NOT PREDICTING THE OUTCOME OF THIS SUPREME COURT REVIEW, BEN DHIA SAID HE WAS "80 TO 90 PERCENT SURE" HALFAOUI WILL BE GRANTED THE SUSPENSION. AMBASSADOR REAFFIRMED TO BEN DHIA THAT HE WILL CONTINUE TO FOLLOW THE CASE CLOSELY, AS PROTECTION OF EMBASSY PERSONNEL IS A PRIORITY. ¶2. (SBU) HALFAOUI'S LAWYER FILED BOTH THE APPEAL (ON JANUARY 25) AND REQUEST FOR SUSPENDED IMPLEMENTATION OF THE SENTENCE (ON JANUARY 26). THE SUSPENSION, IF GRANTED, WOULD MEAN HALFAOUI WOULD NOT BE SUBJECT TO ARREST PRIOR TO THE COMPLETION OF THE SUPREME COURT REVIEW. ¶3. (C) COMMENT: WE DO NOT INTERPRET BEN DHIAS COMMENTS AS AN ASSURANCE HALFAOUI'S CONVICTION WILL BE OVERTURNED. NEVERTHELESS, AMBASSADOR HAS MADE OUR CONCERN CLEAR TO THE MOST SENIOR LEVELS OF THE GOT. AS AMBASSADOR TOLD BEN DHIA, WE WILL CONTINUE TO CAREFULLY FOLLOW THE CASE AND THE SUPREME COURT APPEAL PROCESS. WE WILL ADVISE IF WE BELIEVE FURTHER WASHINGTON INTERVENTION WOULD BE HELPFUL. END COMMENT. GODEC