TUNIS: BEN OMAR'S FAMILY REPORTS PSYCHOLOGICAL

S E C R E T TUNIS 000992

SIPDIS

STATE FOR NEA: GCRETZ, NEA/MAG:(SWILLIAMS, MNARDI,
VSTEWART),DRL: KMCGEENEY, S/WCI: ARICCI
DOD/OSD:ALIOTTA, DOJ/ODAG:MSTRANSKY

E.O. 12958: DECL: 08/30/2028
TAGS: PREL PTER PHUM KDRG TS
SUBJECT: TUNIS: BEN OMAR'S FAMILY REPORTS PSYCHOLOGICAL
PRESSURE

REF: A. STATE 91304 AND PREVIOUS

B. TUNIS 973

C. TUNIS 193

D. TUNIS 042

E. 07 TUNIS 1483

F. 07 TUNIS 1060

G. 07 TUNIS 967

H. 07 TUNIS 964

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


1. (S) Summary: Family members of transferred Guantanamo
detainee Abdallah Ben Omar report he is physically fine, but
weak. He faces threats, however, about his family from
Ministry of Interior officials who have shown him doctored
photos in which security personnel appear to be beating his
son. Ben Omar is being held in an underground cell, and is
permitted limited walking exercise. His family has regular
access to him, and provides some food. The family's account
generally confirms the statements made by Ben Omar's lawyer
to Embassy officers regarding his condition, including his
treatment during his initial two day detention by MOI
officials (Ref H). Embassy officers will meet with the
family of Lotfi Ben Swei Lagha on Monday September 8. End
Summary



2. (C) Khadija Bousaidi the wife and son of Abdallah Ben
Omar (El-Hajji) discussed his treatment in the Mornaguia
prison in a meeting with Pol/Econ Couns and PolOff September
4 in the presence of their lawyer Samir Ben Amour.

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Prison Conditions
--------------


3. (C) Ben Omar's wife said she was able to visit her
husband once a week with no difficulty and was able to send
him food three times a week. His children are able to visit
him occasionally. His wife said his health is all right. He
is fine but weak, not eating well, and under some
psychological pressure. He worries about his family because
he is told by people, allegedly from the Ministry of
Interior, that they are living with his family and beating
his children and they threaten to hit his son with a car.
They have shown him doctored pictures of his son being beaten
and of people from the Ministry having dinner with the
family. His wife said they have told him the pictures are
fake but he does not believe them. His family confirmed that
he had not been physically mistreated after the first two
days when he was in MOI custody (Ref H).


4. (C) Ben Omar is kept in an underground cell with some
interior light but very little natural light, because there
is only one small window in the ceiling. He is allowed to
pray but does not know what time to pray or in which
direction to pray. He is allowed out of his cell
occasionally to go to another room for limited walking
exercise. His son said two different times the Ministry of
Justice prison guards are fine, the problems occur when
people come from the Ministry of Interior. The family itself
is not being bothered. They are not given any problems when
they come to visit Ben Omar and they have not had been
harassed by the police or others in their personal lives.


5. (C) His family reconfirmed that Ben Omar had been held in
solitary confinement for a time and was then held with
several other common criminals who harassed and threatened
him, even cutting his clothes at one point. He then asked to
be placed in a cell by himself. He is now kept by himself
during the day but another prisoner sleeps in the same cell
at night. (Note: Solitary confinement for more than 10 days
is against the law in Tunisia. As a disciplinary measure, a
prisoner can be held in solitary for up to 10 days after a
hearing before a special council. He said a prisoner is not
supposed to be held for successive 10 day periods.)

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Prison Sentence
--------------


6. (C) Ben Omar's family was confused about how long Ben
Omar would stay in prison. They said they first heard that
he was sentenced to seven years but were subsequently told
his sentence was only five years and that he might get out
after two years. His lawyer was surprised that they thought
his sentence was only five years and confirmed that his

sentence was for seven years. There is a possibility that
his sentence could be reduced for good behavior but only
after he had served at least half the sentence. He said they
were going to petition for a Presidential pardon, which could
be granted at any time.

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Third Party and Legal Visits
--------------


7. (C) The family said that the ICRC had visited Ben Omar
once that they knew of. We asked if his lawyer had visited
him and they said no. They said he was told by the guards
that, "You are with us now and cannot see anyone else." We
asked if he had specifically asked to see his lawyer and they
said "no, why would he do that." His lawyer also confirmed
that he had not requested to see him.

--------------
US Involvement
--------------


8. (S) The family asked why Ben Omar had been returned to
Tunisia. Before his transfer they had understood that his US
lawyer Zachary Katznelson had informed the US authorities
that Ben Omar did not want to be brought back to Tunisia.
They were concerned about the prison conditions in Tunisia.
They said they did not speak to Ben Omar directly while he
was in USG custody. When he arrived in Tunisia he was
imprisoned immediately. Once the family could speak with him
directly, he told them that US authorities had told him he
would be released when he arrived in Tunis.


9. (S) Ben Omar's wife asked Pol/Econ Couns if the USG could
press the GOT to improve Ben Omar's treatment. We replied
that it was important for us to hear from the family about
his treatment without specifying anything further.


GODEC