JAILED TUNISIAN COMEDIAN PARDONED ON INDEPENDENCE

C O N F I D E N T I A L TUNIS 000345

SIPDIS

SIPDIS

NEA/MAG (HOPKINS/HARRIS); DRL (JOHNSTONE)
LONDON AND PARIS FOR NEA WATCHER

E.O. 12958: DECL: 04/02/2018
TAGS: PHUM PGOV PREL KDEM KPAO TS
SUBJECT: JAILED TUNISIAN COMEDIAN PARDONED ON INDEPENDENCE
DAY

REF: TUNIS 169

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


1. (SBU) On March 20 (Tunisian Independence Day),Tunisian
President Ben Ali pardoned comedian Hedi Oula Baballah, after
he served six weeks of his one-year prison term. Baballah
was sentenced to prison and fined 1,000 TD (833 USD) on
February 4 for possession of narcotics (Ref A),after police
stopped a vehicle in which he was a passenger and allegedly
found drugs and counterfeit currency. Baballah denied any
knowledge of the drugs and counterfeit currency; human rights
groups claimed that Baballah was the victim of a police
conspiracy. These claims were based on the fact that the
charges against Baballah were brought shortly after he
authored a 30 minute stand-up routine spoofing President Ben
Ali and the President's in-laws. Baballah still faces
charges on separate counterfeiting charges.

--------------
Comment
--------------


2. (C) Since his release, Baballah has kept a very low
profile. His pardon received extremely limited local press
coverage, implying that Baballah's pardon was conditional.
(Note: Many Presidential pardons are conditional. It is not
unusual that one of the conditions of release is that one not
discuss one's case publicly.) Also, separate counterfeiting
charges that are still pending provide Baballah with an
incentive to lay low. Even if Baballah's counterfeiting case
is eventually dismissed, Tunisian prosecutors have the
ability to unilaterally appeal almost any case weeks or years
later, even if the defendant was originally found not guilty
and the plaintiff has no interest in pursing the case.


3. (C) Although Baballah was released, journalist Slim
Boukhdhir remains in prison (Ref A),perhaps as a reminder to
Tunisian journalists about the potential consequences of
criticizing the president or his extended family. Baballah
could also be benefiting from his decision not to pursue the
appeals process to the end, but rather to lobby the GOT
internally for clemency. Alternatively, Boukhdhir choose to
pursue the appeals process, and on April 3 Tunisia's highest
appeals court upheld his one-year prison sentence.
Boukhdhir,s continued imprisonment serves as a subtle signal
to imprisoned activists that they stand a better chance of
being released by turning to the GOT, rather than publicly
challenging the government through the judicial system. End
Comment.
GODEC