TUNISIAN TRIAL FOR FORMER GUANTANAMO DETAINEE

C O N F I D E N T I A L TUNIS 001448

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: 10/30/2017
TAGS: PTER KAWC PGOV PINR TS
SUBJECT: TUNISIAN TRIAL FOR FORMER GUANTANAMO DETAINEE
ABDALLAH BEN OMAR POSTPONED

REF: A. TUNIS 1323


B. TUNIS 1620

C. TUNIS 820

Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d)

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Summary
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1. (C) Former Guantanamo detainee Abdallah Ben Omar
(al-Hajji) appeared briefly before Military Tribunal in Tunis
on October 31. Due to his attorneys' request for access to
additional information regarding Ben Omar's previous in
absentia conviction, the judge agreed to postpone the case
until November 14. Ben Omar appeared more aware than was the
case during his previous court appearance (Ref A). The
hearing was observed by members of Ben Omar's family,
reporters, PolOff, and NGO representatives. PolEconCouns and
PolOff also met with Zachary Katznelson and Chris Chang of
Reprieve on October 31. End Summary.

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Case Postponement
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2. (C) On October 31, former Guantanamo detainee Abdallah
Ben Omar (al-Hajji) appeared briefly before a Military
Tribunal in Tunis. His attorneys, PolOff, reporters from the
BBC and AFP, representatives from the international NGO
Reprieve, and members of his family also attended the hearing
before the five-judge Tribunal. Unlike his previous
appearance (Ref A),Ben Omar seemed more aware and was
wearing new eyeglasses. Ben Omar's lawyers requested that
additional information regarding Ben Omar's case be made
available. Ben Amor told PolOff that to date, they had only
received copies of the previous charges and judgment against
Ben Omar. Ben Amor and Ayadi requested the court provide
transcripts of testimony that was presented at Ben Omar's
previous (in absentia) trial. The judge postponed the case
until November 14.

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Atmospherics
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3. (C) Unlike Ben Omar's previous court appearance (Ref A),
the un-registered domestic human rights NGO the National
Council for Liberty and Labor (French acronym CNLT)
representative was not allowed in the courtroom.
Representatives from the international NGO Reprieve,
reporters, and male members of Ben Omar's family entered
after the hearing was underway. Only PolOff and a reporter
from the Associated French Press were present throughout the
proceedings. BBC reporter Jon Manel told PolOff he was
present as part of a BBC documentary on Guantanamo that would
air November 13. The Reprieve representative told PolOff he
a Reprieve representative would try to attend Ben Omar's next
court date as well.


4. (C) There was a slight disturbance after the brief
hearing. Several female members of Ben Omar's family (three
of whom were wearing scarves and one who was not) were taken
aside by security officials either because of their
headscarves, according to one account; or because security
officials were worried their clothing might be concealing
items forbidden in the courtroom, according to another.
(Note: According to Tunisian regulations, wearing a hijab
inside government buildings is not permitted. End Note.)
Because they were detained, the female family members missed
Ben Omar's court appearance; the male family members were
able to attend the trial. The female family members
protested vigorously when they discovered they had missed the
hearing, and security officials would not allow them to see
Ben Omar after the hearing had concluded.

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Reprieve Meeting
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5. (C) PolEconCouns and PolOff met with Zachary Katznelson
and Chris Chang of Reprieve at the latters' request. Chang
told PolOffs that the MOD has refused his request to see Ben
Omar, though he and Katznelson were allowed to observe the

October 31 hearing. In addition to concerns about
mistreatment previously expressed by Reprieve (Ref B),Chang
and Katznelson also alleged that Ben Omar's two cellmates
have been harassing him, attempting to pull down his trousers
on several occasions, and destroying his spare clothing.


6. (C) Katznelson said that according to Reprieve's
records, of the ten current and former Guantanamo detainees,
Reprieve believes that only two do not have in absentia
convictions. As for Associated Press reports that a current
Guantanamo detainee Salah Sassi was sentenced in absentia to
11 years in prison on October 24, Katznelson said he did not
have knowledge of a prisoner by this name or alias and thus
was unsure to whom the judgment applied. (Note: Post
believes Salah Sassi is Seif Ben Abdallah, prisoner number
US9TS-000046DP. Per the GOT's diplomatic note (Ref C) and
the additional convictions of Sassi and Lagha, all ten
current and former Guantanamo detainees have standing
convictions in Tunisia. End Note.)

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Comment
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7. (C) Although not all who came to observe the trial were
permitted entry, the continued openness of the Military
Tribunal remains unusual and positive in the context of
historic Tunisian practices.
GODEC