PLAINTIFF DROPS DEFAMATION CASE AGAINST TUNISIAN

C O N F I D E N T I A L TUNIS 001225

SIPDIS

SENSITIVE
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: 08/28/2017
TAGS: PHUM PGOV PREL KDEM KPAO TS
SUBJECT: PLAINTIFF DROPS DEFAMATION CASE AGAINST TUNISIAN
JOURNALIST

REF: A. TUNIS 1133


B. TUNIS 153

Classified By: Charge d,Affaires a.i. Marc Desjardins for reasons 1.4 b
& d

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Summary
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1. (C) After Tunisian journalist Omar Mestiri made his
third court appearance in his defamation trial on August 28,
the plaintiff suddenly dropped his complaint and the case was
dismissed. However, Tunisian prosecutors have the power to
appeal the case months or years after the fact, even in such
circumstances. Mestiri has opined that irregularities in the
proceedings suggest that his trial was politically motivated.
Mestiri was charged soon after he wrote two articles
accusing President Ben Ali's family of corruption, although
the charges themselves pertained to an article Mestiri
authored questioning the reinstatement of attorney Mohamed
Baccar (the plaintiff),who had been disbarred following
convictions for fraud and forgery. End Summary.

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A Day in Court
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2. (C) On August 28, Tunisian journalist Omar Mestiri made
his third court appearance in his ongoing defamation trial.
Mestiri was being sued for defamation by attorney Mohamed
Baccar after Mestiri authored an article criticizing the
circumstances under which Baccar's license to practice law
was reinstated (Baccar previously had been disbarred for
fraud and forgery). Mestiri contends that his trial was
politically motivated because he wrote articles accusing the
family of President Ben Ali of corruption, citing
irregularities in court proceedings as evidence and
questioning Baccar's motivation for publicizing the events
surrounding his reinstatement (Ref A). Like most legal cases
in Tunisia, the trial was based primarily on written
statements and documents, not first person testimony.


3. (C/NF) The August 28 proceedings were marked by a
lengthy argument between the presiding judge and Mestiri's
attorneys over courtroom procedure. Unlike Mestiri's August
16 court appearance, several diplomatic observers were
present on August 28. UK EmbOff, who attended the
proceedings with PolOff, speculated that at several points
during the trial, it seemed as if the judge was stopping the
proceedings so that he could confer with GOT officials.
Then, unexpectedly, the plaintiff, Mohamed Baccar, dropped
his complaint against Mestiri. The judge subsequently
announced that given the plaintiff's withdrawal of his
complaint, the case against Mestiri was dismissed.


4. (C) Despite the dismissal, Tunisian prosecutors have the
right to pursue cases without a plaintiff. As we saw in the
case of Post,s Senior Political FSN, prosecutors also have
the power to appeal court decisions months or years
afterwards, even if the original plaintiff chooses not to
pursue the matter (Ref B). Mestiri's wife Sihem Bensedrine
told PolOff on August 29 that although the family is
optimistic, they are cognizant of the fact that the case
could be revived by prosecutors in the future. (Note:
Bensedrine, spokesperson for the unauthorized NGO National
Council for Liberties in Tunisia, noted that she will travel
to the United States in December where she plans to meet with
human rights activists, NGOs, and members of Congress. End
Note.)

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Comment
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5. (C) Mestiri's trial, politically motivated or not, is
more evidence of the often contradictory nature of the GOT.
While journalists who criticize the GOT often report
harassment, the timing and nature of the harassment seems to
be random and can increase or dissipate without notice or
cause. For the moment, the GOT does seem to respond to
international criticism. We will continue to demonstrate our
support for freedom of the press. End Comment.
DESJARDINS