STEADY STREAM OF CASES UNDER 2003 ANTI-TERROR

C O N F I D E N T I A L TUNIS 000827 NOFORN SIPDIS NEA/MAG (WILLIAMS AND STEWART); S/CT (NELSON) E.O. 12958: DECL: 07/22/2018 TAGS: PTER PGOV PHUM TS SUBJECT: STEADY STREAM OF CASES UNDER 2003 ANTI-TERROR LEGISLATION; LATEST CONVICTIONS INCLUDE TWO SECURITY OFFICIALS REF: TUNIS 381 (AND PREVIOUS) Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d) -------------- Summary -------------- ¶1. (C) Five Tunisians were convicted on July 12 of various terrorism-related charges, with sentences ranging from four to nine years in prison. This case represents the latest in a series of terrorism cases, of which there have been approximately 1,000 since Tunisia adopted comprehensive anti-terrorism legislation in 2003. This most recent trial is noteworthy in that two of those convicted were government security officials. Among other things, they were found guilty of plotting to overthrow the government, although there was no evidence that they possessed arms. End Summary. -------------- Five Sentenced on Terror Charges -------------- ¶2. (C) PolOff spoke to defense lawyer Samir Ben Amor, who represented the five Tunisians accused of various terrorism charges in a July 12 trial, which was heard before the Tunis Court of First Instance. Ben Amor confirmed that among those convicted were Souhail Buezdah, an official with the national security service, who was sentenced to nine years in prison; and Sami Belhaj Aissa, Deputy Prison Chief of the Borj El Amri prison, who received a four year sentence for failing to warn authorities that terrorist acts were being planned. Also convicted were Faouzi Ayachi el-Alaimi, who also received a four-year sentence for failing to warn authorities; Hdhili Jaiet, a mobile phone dealer, who was sentenced to eight years in jail for finding the group's meeting place; and Hichem Barrak, a physical education teacher. All of the accused were between the ages of 27 and ¶35. ¶3. (SBU) Ben Amor said that his clients maintain that they are innocent. He confirmed a complaint he has made in the press, i.e., that no documents or other material evidence had been produced to substantiate the accusations against the accused. He also pointed out that while two of those convicted received four years for withholding information about a potential attack, that charge has in the past usually been met with a one-year sentence. He said he would file an appeal. -------------- So Many Cases, So Little Time -------------- ¶4. (C) In the aftermath of international wire stories about the July 12 case, EmbOffs queried several defense lawyers who have worked on other terror-related cases for their views. With the exception of Ben Amor, who served as counsel in this case, none of them had heard of this case, perhaps because there have been so many such cases in recent months. Ben Amor estimated that approximately 1,000 people have been sentenced or charged with terrorism-related offenses since the passage in December 2003 of Tunisia's comprehensive anti-terrorism legislation. -------------- Comment -------------- ¶5. (C) Based on our conversations with defense attorneys, we believe that there is less to the July 12 case than international wire stories suggested. At a minimum, the accusation that the accused were plotting to overthrow the government seems exaggerated. Although they are alleged to have secured a safe house in Kairouan, there was no mention of possession of any weapons. The 2003 anti-terror legislation allows the state to ascribe guilt on the basis of virtually any preparatory act. The significance of this case is not so much that there was any credible threat to the government. What's different about this case is that two active duty security officials had reportedly fallen sway to the violent stream of Salafist ideology. End Comment. Please visit Embassy Tunis' Classified Website at: http://www.state.sgov.gov/p/nea/tunis/index.c fm GODEC