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. -------------- 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). �0A;¶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.) -------------- 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. -------------- 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