FORMER GUANTANAMO DETAINEE SENTENCED TO THREE YEARS

C O N F I D E N T I A L TUNIS 001425 SIPDIS SIPDIS STATE FOR NEA/MAG (HOPKINS AND HARRIS),DRL AND S/WCI (WILLIAMSON, MORRISON AND MUBANGU) NSC FOR CAMPONOVO DOJ FOR MONHEIM DOD FOR LIOTTA E.O. 12958: DECL: 10/24/2017 TAGS: PTER KAWC PGOV PINR TS SUBJECT: FORMER GUANTANAMO DETAINEE SENTENCED TO THREE YEARS REF: A. TUNIS 1390 ¶B. TUNIS 820 Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d) -------------- Summary -------------- ¶1. (C) Former Tunisian Guantanamo detainee Lotfi Lagha appeared before the Tunis Court of First Instance on October 24 and was sentenced to three years in prison. Lagha,s attorney plans to file an appeal. During Lagha's trial, the judge questioned Lagha and then allowed Lagha's attorneys to present oral arguments. During his court appearance, Lagha seemed to be in good health and coherently answered the judge,s questions. An Embassy officer and a few reporters were present. The court also announced that current Guantanamo detainee Salah Sassi was sentenced in absentia to 11 years in prison. End Summary. -------------- Judicial Process and Atmospherics -------------- ¶2. (C) Lagha's trial, which had been delayed on October 17, since his lawyer had only learned about it the same day (Ref A),lasted about an hour and a half (more time than it took to hear the dozen or so cases that were heard prior to Lagha's on October 24). The judge questioned Lagha at length, after which Lagha's attorneys presented oral arguments. His attorneys stated that there was no evidence in support of the charges (of criminal conspiracy) filed against Lagha. Neither the prosecution nor the court specified what group Lagha was said to be a member of, or the nature of the conspiracy. Though his trial was not surrounded by any particular fanfare, there was an increased police presence inside the courtroom. An Embassy officer and a few reporters were present. There were no other international observers. During his October 24 court appearance, Lagha seemed to be in good health, and coherently answered the judge,s questions. ¶3. (C) Lagha traveled to Afghanistan in 2001, though when asked by the judge Lagha denied any involvement with terrorist groups and claimed he went to Afghanistan looking for work. The Tunis Court of First Instance issued its decision the afternoon of October 24, sentencing Lagha to three years in prison. He was convicted under articles 131 and 132 of the criminal procedural code. Article 131 defines a criminal conspiracy as any group intending to, preparing, or committing an attack against individuals or properties, and considers such a group or act a threat to public safety. Article 132 sets the maximum penalty for criminal conspiracy at six years (twelve years for the leaders of the conspiracy). Lagha's attorneys argued that since the alleged acts took place outside of Tunisia and prior to the passage of the 2003 Anti-Terrorism and Money Laundering Act (which allows individuals to be prosecuted in Tunisia for acts committed abroad),he could not legally be held liable. -------------- Related Cases -------------- ¶4. (C) Associated Press reporter Bouazza Ben Bouazza told PolOff that the court also announced that former Guantanamo detainee Salah Sassi (aka Seif Ben Abdallah, prisoner number US9TS-000046DP) was sentenced in absentia to 11 years in prison. (NOTE: Per Ref B, the GOT had informed us that it had opened an investigation against this detainee on November 15, 2006 for committing terrorist crimes, organizing a pact related to terrorist crimes, belonging to a terrorist organization outside of the Republic (of Tunisia),the acquisition of military training outside the Republic with the intent of committing one of several terrorist crimes inside and outside of the Republic. End Note.) Meanwhile, the next trial date for the other Guantanamo detainee transferred to Tunisia, Abdallah Ben Omar al-Hajji, is set for October 31. International human rights groups have told the Embassy they plan on attending this trial, which will be before a military tribunal. The Embassy also plans to send observers. -------------- Comment -------------- ¶5. (C) The trial appeared to be procedurally correct. As is often the case in Tunisia, the court relied more on written documentation than on oral arguments or witness testimony. Tunisian criminal law has often been interpreted quite broadly. In the case of Lotfi Lagha, the court offered no explanation for the conviction, but it seems to have interpreted Articles 131 and 132 of the criminal code to apply to acts taking place outside Tunisia, since the law does not specify that the conspiracy has to take place in Tunisia. Lagha's attorney says he plans to appeal on grounds that this is an incorrect interpretation. GODEC