GAFSA APPEALS COURT REDUCES UNEMPLOYMENT

C O N F I D E N T I A L TUNIS 000074

SIPDIS

NEA/MAG (PATTERSON/HAYES); DRL (JOHNSTONE/KLARMAN)
LONDON AND PARIS FOR NEA WATCHER

E.O. 12958: DECL: 02/04/2019
TAGS: PHUM PGOV PINS KDEM KPAO TS
SUBJECT: GAFSA APPEALS COURT REDUCES UNEMPLOYMENT
PROTESTERS' SENTENCES; PRISONERS SAY THEY WERE TORTURED

REF: 08 TUNIS 1238

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

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Summary
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1. (C) On February 4, the Court of Appeals in Gafsa reduced
the sentences of most of the 38 people involved in the
Redeyef unemployment protests who were convicted on December
11 on charges ranging from destroying public property to
leading an armed rebellion. Witness testimony yielded
several common themes, including accusations of torture and
allusions to governmental corruption. The defendants
originally received terms ranging between two and 10 years.
The Appeals Court reduced most sentences to terms ranging
between one and eight years, though some defendants who were
originally acquitted were convicted on appeal. End Summary.

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Peaceful Protest or Armed Rebellion?
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2. (C) In early 2008, residents of the southwestern mining
towns of Redeyef and Gafsa began protesting over allegations
that the hiring practices of the Gafsa Phosphates Company
(CPG) favored relatives of CPG executives and local
officials, and that jobs were being sold to out of town
workers. Over time, the protests expanded over the region's
high unemployment rate (which some estimate to be almost
fifty percent) and the rising cost of staple foods.
Demonstrations continued on and off for six months. Some
protests were reportedly violent; security forces shot two
people who later died as a result of complications from their
injuries. The leaders of the demonstration consistently
maintained that they were peacefully advocating for their
right to work. Government prosecutors charged them with
leading an armed rebellion, forming a criminal group with the
intent of destroying public property, assault on officials
during the exercise of their duties, and spreading false news
likely to disturb public order. During the December 11 trial
at the Gafsa Court of First Instance, 38 defendants received
terms ranging between two and 10 years (reftel).

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The Twenty Hour Trial
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3. (C) The hearing at the Court of Appeals began at 10:00
AM on February 3 and went on until 6:00 AM the next morning.
The appeal was the first time the defendants had an
opportunity to testify in open court, due to the abrupt
ending of their original trial. Though there was a
significant police presence, the atmosphere at the appeal was
calmer than during the December 11 hearing. For the February
3 court date, representatives from French and Algerian unions
were present, along with the Tunisian and French Green
parties, a member of the executive board of the Tunisian
General Workers Union, the International Federation of Human
Rights, Amnesty International, and the European Union
Commission, as well as PolOff. The defense attorneys' main
complaint was that the judges refused to give them time to
prepare their closing statements, instead demanding that the
lawyers begin immediately after witness testimony ended.


4. (C) Adnan Hajji, a local labor union leader who led the
protests, testified that the local delegate asked him to form
a citizens' committee that could negotiate with the
government on behalf of the protesters. In that capacity, he
and four others met several times with local government
officials. Hajji said he also spoke directly to the Minister
of Health about the situation in Gafsa. He used these
meetings as evidence that the GOT considered him an
interlocutor, not a criminal. According to Hajji, protests
intensified after security forces began looting local homes
and business, but added that at no time did he advocate
violence. During his testimony, Hajji said that local
officials were guilty of "irregularities," and wondered why
no charges were brought against them but did not go into
details. In April, Hajji said security forces arrested him
and offered him money to walk away but he refused. While in
custody, he said that he was beaten and sexually assaulted
for four days before he was released. During his testimony
Hajji opined, "Lack of development is at the root of the
problem... the riches of Tunisia should be fairly
distributed. The people of Redeyef should not live like
this. If asking for a job was a crime, then I am ready to
pay the price."



5. (C) The testimony of Bechir Laabidi and other prisoners
largely echoed Hajji's statement, with many alleging torture
and corruption. Laabidi alluded to "thieves" with ties to
the police and local government. He did not name names,
though he said that these people play an active role and are
"known." He also opined that because of the lack of
opportunities in the region, "the only option the government
has left its people is to leave the country." Fellow
defendant Taieb Ben Othman testified that he too was severely
beaten while in police custody, at which point the presiding
judge cut him off, saying, "Details aren't necessary." Ben
Othman said that he was examined by a local doctor after he
was released, and asked that the doctor testify, but the
judge did not respond. He added that the police made him
sign several statements without letting him read what he was
signing, and forced him to copy another statement they had
written before signing. During his testimony, Ben Othman
said that the pan-Arab satellite station al-Hiwar sent
someone to interview him and opined that he would like
Channel 7 (the official channel in Tunisia),which receives
taxpayer dollars, to do the same. Concluding, Ben Othman
said, "we see world events on Channel 7, but nothing of what
happens here," eliciting cheers from many observers.


6. (C) Several prisoners seemed to be confused as to why
they had been arrested at all. One man said he was nearly
60, too old to be protesting in the streets; he didn't know
why he had been charged with participating in the
demonstrations. Another said he was baffled by the questions
he was asked while in detention. Rather than asking him
about his role in the protests, he said, he was questioned
about the political affiliation of Hajji and whether he knew
any members of the Communist party. (Note: By Communist
Party, it is not clear whether the interviewer was referring
to at-Tajdid, a recognized opposition party that was formerly
the Communist party in Tunisia, or the unrecognized Tunisian
Communist Workers' Party.) During cross examination, lawyers
pointed out that of the five men who served on the citizens'
committee, only three were arrested, but no explanation was
provided as to why the remaining two were not. Multiple
defendants said that while in police custody, security forces
forced them to remove their clothing before they were beaten.

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The Verdict
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7. (SBU) The Appeals Court on February 4 announced the
following sentences:

-- Adnan Hajji and Bechir Laabidi's sentences were reduced
from ten years and one month to eight years in prison.

-- Taieb Ben Othman's sentence was reduced from ten years to
six, as were those of Adel Jiaar and Tarek Halaimi.

-- The original sentences of Maher Fejraoui (ten years and
one month),Hassan Ben Abdallah (ten years and one month),
Fehim Boukaddous (six years),and Mohieddine Charbibe (two
years),all of whom were convicted in absentia and are still
in hiding, were upheld.

-- Abid Klaifi, Hedi Boussallahi, Mdhaffar Laabidi, Ghanem
Chraiti, Boubaker Ben Boubaker, Hafnaoui Ben Othman, and
Mahmoud Raddadi, who originally had terms ranging between
four and six years, were awarded reduced sentences of three
years.

-- Haroun Helimi, Sami Ben Ahmed, Faycal Ben Amor, Abdessalem
Helali, Ridha Ezzeddine, and Rachid Abdaoui were all
sentenced to six years and one month on December 11, but the
Appeals Court reduced their sentences to four years.

-- Ridha Amaidi, Thameur Maghzaoui, Issam Fejraoui, Mouadh
Ahmadi, Abdellah Fejaoui, Mohamed Beidi, Radhouane Bouzaiane,
Makrem Majdi, Othman Ben Othman, Mohamed Helali, and Mohsen
Amaidi all received a two year suspended sentence,
maintaining the Court of First Instance's verdict.

-- As Tunisia does not recognize double jeopardy, several
defendants who were found not guilty on December 11, 2008,
were given two-year suspended sentences: Boujemaa Chraiti,
Lazhar Abdelmalek, Ismail Jawhari, Habib Khedir, and Ali
Jedidi.

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Comment
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8. (C) The harsh sentences for participating in unlawful
demonstrations, handed down just weeks after the GOT allowed
scores of unauthorized protests over the situation in Gaza to
proceed unhindered, will not sit well with the population of
the southern mining region. In addition, several local human
rights organizations have denounced the severity of the
sentences. There is a clear double standard: while the GOT
is willing to allow the population to protest external
issues, internal criticism is another matter. It is
possible, though, that there might be more such protests in
Tunisia's future. There is pent up resentment in Tunisia
over high unemployment and the growing perception of
corruption. Unless the GOT is proactive about addressing
concerns about chronic unemployment it could very well face
demonstrations in other regions, such as El Kef. End Comment.
Godec