TUNISIAN UNIVERSITY PROFESSOR GETS JAIL TIME FOR

C O N F I D E N T I A L TUNIS 000494

SIPDIS

NEA/MAG (HAYES); DRL (JOHNSTONE/KLARMAN/FOX-OZKAN)
LONDON AND PARIS FOR NEA WATCHER

E.O. 12958: DECL: 7/17/2019
TAGS: PHUM PGOV PREL KDEM TS
SUBJECT: TUNISIAN UNIVERSITY PROFESSOR GETS JAIL TIME FOR
FACEBOOK POSTING

REF: TUNIS 99

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


1. (C) Summary: In a case that attracted international
media attention, university professor Khedija Arfaoui
was sentenced to eight months in prison for posting a
message about child abduction on her Facebook page.
Subsequent to the sentencing, through a family member,
the Tunisian Minister of Justice (MOJ) asked Arfaoui to
submit an open letter to the press explaining that she
meant no harm by posting the message on Facebook. The
MOJ may be seeking a face-saving way to grant leniency
to Arfaoui. While this process plays out, the Embassy
will monitor the situation and consult with like-minded
diplomatic missions. End Summary.

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Living "a nightmare"
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2. (C) Khedija Arfaoui, a 69-year old university
professor, met with Emboff on July 16 to discuss the
process that led to her recent eight-month prison
sentence for posting a message on her Facebook site
about child kidnappings. The message she had posted was
related to rumors that had already been circulating in
Tunisia and had been picked up by the local press. It
claimed that children had been kidnapped in the Bab el-
Khadra area of Tunis for the purpose of organ
trafficking, and was written as a warning to parents.
Arfaoui had received the message in an email from Miriam
Bouker, an acquaintance whose mother is connected to
first lady Leila Ben Ali. In early May, Arfaoui was
summoned to the headquarters of the Judiciary Police in
Tunis and questioned for approximately eight hours.
During questioning, police told Arfaoui that "we don't
have (child kidnapping) in Tunisia."


3. (C) Several days later, details of Arfaoui's case
began appearing in GOT-affiliated newspapers, though
without mentioning her name and with numerous
inaccuracies. With only one day's notice, Arfaoui was
summoned to a court appearance on June 6 on charges of
"disturbing public order," during which the judge asked
about her relationship with Miriam Bouker (note: Bouker
does not appear to be facing any investigation or
prosecution). After a second hearing on June 27, she
was convicted on July 4 and sentenced to eight months in
prison; she learned of her sentence in newspapers the
following day. She is currently free on appeal and
expects another court date in October.


4. (C) Although Arfaoui has friends and colleagues among
the political opposition and is an active member of two
independent women's rights groups (the Tunisian Women's
Association for Research and Development and the
Tunisian Democratic Women's Association),she chose not
to involve them in her defense, preferring to keep a low
profile. In court, she was represented by her nephew, a
young lawyer with no political affiliation, and she has
not made any statements to media or NGO outlets.


5. (C) Arfaoui is also connected to influential GOT
officials. She told Emboff that her ex-husband had
served in the military with President Ben Ali and with
Moncef El-Matri, uncle of Ben Ali's son-in-law Sakhr El-
Matri. Through these connections, a relative of Arfaoui
recently met with Minister of Justice and Human Rights
Bechir Tekkari to discuss her case. According to her
relative, Tekkari said he regretted that Arfaoui had
"politicized" the case (referring to the many complaints
he was receiving from human rights groups) and suggested
that Arfaoui submit a letter to Tunisian media sources
(cleared by the Minister) explaining that she did not
intend to cause a panic or "disturb public order" by
posting the article on Facebook. Though no promises
were made, Arfaoui hopes to receive some leniency in
return for this public statement. She also plans to
write a letter to President Ben Ali with the same
message.


6. (C) During her meeting at the Embassy, Arfaoui became
visibly upset while discussing her case and cried at
times. She appeared dejected and defeated at the
prospect of writing what amounts to an apology for a
crime she feels she did not commit, in a case she
considers to be "an enormous injustice." As she awaits
her appeal, she says she is under surveillance and

suspects her phone and email communications are
monitored.

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Facebook pushing the limits of GOT tolerance
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7. (C) The Arfaoui case is not the first run-in between
the GOT and Facebook: the GOT has accused Facebook of
promoting "sex, drugs, violence, terrorism, and spying"
and blocked the site briefly in 2008 (Reftel). There
have been periodic articles in the local press citing
the dangers that Facebook presents to the public. In
response to criticism from human rights and press
freedom organizations over the treatment of Khedija
Arfaoui, the GOT has remained defiant, telling
international media sources that the court's ruling
"stands on a strong legal foundation" and that Arfaoui
had created "a real panic" by spreading rumors of
kidnappings.

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Comment: A possible end game but a warning for all
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8. (C) Khedija Arfaoui feels herself to be a GOT
scapegoat but she also wants to avoid becoming a human
rights poster child. The Minister of Justice may be
seeking a face-saving way to let Arfaoui off the hook
through this public letter. For the moment, the Embassy
is consulting with like-minded missions and believes the
USG should act if Arfaoui's situation takes a turn for
the worse. Given GOT sensitivities about Facebook, this
is almost certainly an effort to shut down dialogue on
the site, which has become perhaps the only place for
real public discussion.
Godec