POLFSN'S SENTENCE SUSPENDED UNTIL SUPREME COURT

C O N F I D E N T I A L TUNIS 000153 SIPDIS NOFORN SIPDIS STATE FOR NEA GRAY, HOPKINS NSC FOR ABRAMS E.O. 12958: DECL: 01/30/2017 TAGS: PREL PGOV KMPI ASEC TS SUBJECT: POLFSN'S SENTENCE SUSPENDED UNTIL SUPREME COURT JUDGMENT REF: A. TUNIS 121 ¶B. TUNIS 112 ¶C. TUNIS 111 Classified By: Ambassador Robert F. Godec for Reasons 1.4 b & d ¶1. (SBU) On January 31, the GOT Attorney General approved the request for suspended implementation of the four-month prison sentence of PolFSN Jamil Halfaoui (reftels). This suspension means Halfaoui cannot be subject to arrest prior to the completion of the Supreme Court (Cour de Cassation) review of his case. The Supreme Court review will occur, according to Halfaoui's lawyer, at an undetermined time "within the next several months." There are three possible scenarios for the outcome of this review: a) the Court could cancel the sentence, b) the Court could send the case back to the Court of Appeals to be examined by another chamber with different judges, or c) the Court could uphold the Court of Appeals decision. ¶2. (C) Comment: The approval of suspended implementation is the most positive outcome we can expect for the time being. Embassy's engagement at the highest levels of the GOT on this case likely had an impact on this outcome. We will continue to follow the case closely, and do not recommend any further Washington action at this time. GODEC