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) -------------- Summary -------------- ¶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. -------------- Case Postponement -------------- ¶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. -------------- Atmospherics -------------- ¶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. -------------- Reprieve Meeting -------------- ¶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.) -------------- Comment -------------- ¶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