PRESS FREEDOM TRIAL DRAGS ON, OPPOSITION CANDIDATE

C O N F I D E N T I A L TUNIS 000595 SIPDIS NEA/MAG (NARDI/HARRIS); DRL (JOHNSTONE/KLARMAN) LONDON AND PARIS FOR NEA WATCHER E.O. 12958: DECL: 06/01/2018 TAGS: PHUM PGOV PREL KDEM KPAO TS SUBJECT: PRESS FREEDOM TRIAL DRAGS ON, OPPOSITION CANDIDATE FACES ADDITIONAL CHARGES REF: A. TUNIS 514 ¶B. TUNIS 408 ¶C. TUNIS 298 ¶D. TUNIS 144 Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d) -------------- Summary -------------- ¶1. (C) In the ongoing libel cases against the editors of opposition newspaper al-Mowqif, the defense presented its argument at a May 31 hearing; no trial date has been set for the plaintiffs to present their rebuttal. In a separate court case, al-Mowqif Editor-in-Chief Nejib Chebbi is also being sued for defamation of the judicial system stemming from a May 3 article published by his paper. This defamation charge is a criminal offense that could result in prison time; the first hearing is set for June 9. Chebbi, the founder of the opposition Progressive Democratic Party (PDP) and that party's announced candidate for president in the 2009 elections, contends that the charges are politically motivated and plans to continue campaigning, despite a proposed law that would prohibit his candidacy. End Summary. -------------- Sticks and Stones... -------------- ¶2. (C) The opposition Progressive Democratic Party's (PDP) Arabic-weekly al-Mowqif is considered one of the most outspoken publications in Tunisia. Six separate lawsuits are currently pending against al-Mowqif, placing its future in doubt. In April, the editors of al-Mowqif (Chebbi and Rachid Khachana) were sued by five vegetable oil manufacturing companies alleging that an al-Mowqif editorial defamed their product, resulting in a loss of revenue (Ref A). On May 31, PolOff observed the trials in which the defense presented written arguments in court summarizing why the five libel cases should be dismissed. They argued that under Tunisian law, an accusation must be made against a specific company or individual in order for it to qualify as libel, and that the al-Mowquif article does not meet these criteria. The article in question quoted Algerian press reports citing the presence of unsafe Tunisian cooking oil on the market, and asked the Tunisian government to investigate. It did not cite a specific company or brand. The defense attorneys also argued that if anyone is culpable, it should be the Algerian papers who first published the report, and that al-Mowqif's editors should not be held accountable for merely reprinting a prior account in compliance with journalistic norms and practices. ¶3. (C) A date for the next hearing, during which the plaintiffs will present their rebuttal to the defense's argument, has yet to be set. At the hearing, the plaintiffs' attorney (who is representing all five oil companies) asked the judge to appoint an examiner to study the industry and determine what effect the al-Mowqif article had on sales in order to better determine an appropriate fine; the judge complied. According to Chebbi, who is a lawyer himself, the judge's rapid acquiescence was unusual since normally the defense would be given the opportunity to counter the plaintiff's request. He opined that the judge's capitulation and lack of debate signaled that the judge had already made up her mind about the case, or had received prior instructions on how to rule. It is worth noting that accuracy has no bearing in libel cases; according to Tunisia law, the sole issue is proving that the defendant damaged the plaintiff's reputation, even if the report was true. If found guilty, the resulting fine would deal a severe financial blow to Chebbi and Khachana, if not bankrupt them. -------------- New Defamation Case -------------- ¶4. (C) In addition to the libel suits, Chebbi, in his capacity as the newspaper's director, has recently learned that he is being sued for defamation of the judicial system. The accusation carries a maximum penalty of six months in prison and a fine. Earlier this year, Chebbi and several other members of the PDP's political bureau were driving back to Tunis from southern Tunisia when the driver accidentally hit some camels that wandered into the road, killing three of them. He was subsequently given a suspended sentence of one month in prison. According to a May 3 al-Mowqif article about the incidient, both the charges and the sentence were politically motivated. The first hearing will be on June 6. -------------- Comment -------------- ¶5. (C) It is unlikely that the PDP's troubles are a coincidence. Rather, they may represent punishment for the party's support of Chebbi's presidential candidacy. Chebbi has frequently been the subject of vindictive and demeaning articles carried in government-owned or influenced media outlets. If found guilty, the fines would be devastating for Chebbi and Khachana personally. Chebbi is a well-known lawyer and political figure, whose domestic and international standing provide some level of protection. We consider it unlikely the GOT will sentence Chebbi to prison given the likely international response to such an action. Rather, this is more likely an attempt to intimidate him and the PDP, and to tie up their time and resources. Nevertheless, it remains to be seen how far the GOT will got to ensure there is no real opposition in the 2009 elections. We will be following the case closely. End Comment. GODEC