APPEALS COURT REDUCES SENTENCES OF SOME "SOLIMAN"

C O N F I D E N T I A L TUNIS 000168

SIPDIS

SIPDIS

STATE FOR NEA/MAG (HARRIS AND HOPKINS)

E.O. 12958: DECL: 02/20/2017
TAGS: PTER PHUM KDEM PGOV PREL PINR TS
SUBJECT: APPEALS COURT REDUCES SENTENCES OF SOME "SOLIMAN"
TERRORISTS

REF: A. TUNIS 78 AND 79

B. TUNIS 75

C. TUNIS 3

D. 07 TUNIS 1620 AND PREVIOUS

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


1. (C) Summary. On February 21, a Tunis Court of Appeals
reduced the December 2007 sentences of eight individuals
convicted of involvement in the December 2006/January 2007
terrorist incidents. One of those sentenced to death
received a life sentence, two sentenced to life were reduced
to 20 and 30 years, and others also had their minor sentences
reduced. The trial appeared to be significantly calmer and
fairer than the initial judgment (Ref D): the judge
questioned the defendants extensively, listened to their
claims of torture, and allowed the 40 defense attorneys to
present lengthy oral arguments. While defense lawyers argued
the defendants should have been acquitted based on flawed
evidence, several defendants admitted they supported violent
ideologies although they claimed to have undertaken no
terrorist acts. Many Tunisians agree that the government was
right to deal harshly with suspected terrorists. End Summary.


2. (SBU) On February 21, after almost two days of non-stop
oral arguments and deliberations preceded by three prior
sessions, a Tunis Court of Appeals issued a judgment in the
case of the "Soliman Group," thirty Tunisians charged with
involvement in the December 2006/January 2007 terrorist
incidents (Refs B-D). Eight of the defendants, who were
convicted and sentenced to punishments ranging from death to
five years in prison in December 2007, received reduced
sentences from judge Manoubi Hmidane (details para 6). The
trial atmosphere was markedly different from the initial
trial, with the judge, lawyers and defendants all appearing
to seek a calmer and more orderly trial. On several
occasions, Hmidane consulted with defense lawyers to allow
them sufficient time to prepare their arguments and respond
to other defense concerns. Lawyers and observers noted that
Hmidane is known as a reasonable judge, although his
sentences are generally harsh.


3. (SBU) During questioning, almost all of the defendants
recanted their confessions, which they said were signed under
duress and following extensive torture. While some admitted
they knew or were associated with the group of six terrorists
that crossed into Tunisia from Algeria in early 2007 (Ref B),
most denied they had partaken in any terrorist activity.
Similarly, defense lawyers argued that ideological support
for terrorism or conspiracy was significantly different from
the terrorist activity of which most defendants were
convicted (Ref C). One defendant, Ali Arfaoui, admitted he
knew Lassad Sassi, the leader of the terrorist cell, and
agreed with Sassi's plan to attack "Crusader sites" because
"Bush and the Zionists are killing Muslims in Iraq,
Afghanistan and Palestine." However, he denied having any
details of Sassi's plan and receiving any terrorist training.


4. (C) Comment. While lamenting that so many young people
could support violent ideologies, most Tunisians seem to
agree that the group deserved the sentences they received.
Contacts outside the human rights community argue that
terrorists cannot be tolerated and should be punished
accordingly. However, many civil society activists argue
that punishing youth who have adopted violent ideologies is
not a long-term solution. As one lawyer argued during the
trial, "If they are terrorists and you sentence them to
death, they become martyrs." While activists agree that
rehabilitation and re-education is the key to preventing the
spread of extremism, many in Tunisia, including the
government, are yet to be convinced.


5. (C) Comment, cont. However, there is growing evidence
that Tunisian youth from all backgrounds increasingly support
terrorist ideologies (Ref A). An observer at the trial told
PolOff that she had attended law school with defendant
Mohamed Amine Jaziri. While he was a "rebel" at the time,
she pointed to his mother in the crowd and told PolOff the
elegantly dressed woman was president of the ruling RCD party
office in Sidi Bou Zid, where many of the defendants lived.
If educated and privileged Tunisians inside the regime cannot
prevent their children from supporting extremism, one has to
wonder about the future of the less fortunate. End Comment.


6. (U) Those sentences that were decreased on appeal are
listed below:

NAME DOB Original Sentence -- Appeal Sentence
-------------- ---

Imed BEN AMER 05/20/73 Death -- Life
Osama ABADI 07/16/82 Life -- 30 years
Mohamed BEN LATIFA 03/15/83 Life -- 20 years
Ahmed MRABET 08/16/84 30 years -- 20 years
Mehdi Haj ALI 02/28/80 12 years -- 8 years
Nafti BENNANI 03/30/76 6 years -- 4 years
Mohamed Khelil ZENDAH 08/19/85 5 years -- 3 years
Zouhair JRIDI 07/13/80 5 years -- 3 years

Please visit Embassy Tunis' Classified Website at:
http://www.state.sgov.gov/p/nea/tunis/index.c fm
GODEC