US embassy cable - 05TUNIS944

C O N F I D E N T I A L TUNIS 000944 
 
SIPDIS 
 
E.O. 12958: DECL: 05/04/2015 
TAGS: PHUM, KDEM, PREL, TS 
SUBJECT: AMB. RAISES CONCERNS ON ABBOU CONVICTION; NEW 
LAWYER ARRESTED 
 
REF: A. A) TUNIS 896 
 
     B. B) TUNIS 894 
     C. C) TUNIS 826 
 
Classified By: Amb. William J. Hudson, reasons 1.4 (b) and (d) 
 
1. (C) Summary: The Ambassador reiterated USG concerns about 
the recent conviction of dissident lawyer Mohamed Abbou to 
MFA DG Hatem Atallah May 4.  Attallah offered a familiar 
refrain: Abbou broke the law; the GOT is fully committed to 
democratic reform; Washington should understand that only the 
GOT can decide the pace of that reform.  When the Ambassador 
responded that this did not appear to Washington as a 
question of the pace of reform, but rather a step backward, 
Atallah responded that the Abbou conviction should not be 
viewed as a trend and that the GOT commitment to reform is 
solid.  Meanwhile, despite these assurances, the GOT arrested 
and convicted another outspoken lawyer May 3 on charges that 
were at least two years old.  End summary. 
 
2. (C)  Ambassador Hudson met with Hatem Atallah, MFA DG for 
the Americas and Asia (and former Amb. to the U.S.), to 
reiterate USG concerns about the recent conviction of Mohamed 
Abbou.  Abbou was sentenced 18 months for publishing an 
on-line article critical of President Ben Ali for inviting 
Israeli PM Sharon to attend the WSIS in November.  He was 
also sentenced to two years for assaulting a female Tunisian 
lawyer some time ago (ref A).  The Ambassador noted that new 
Tunisian Ambassador to the U.S. Hachana has been hearing 
about our concerns in his introductory calls and would likely 
hear more.  The USG is concerned when there is a conviction 
for expressing one's views in public.  The Ambassador 
underscored the priority that the President and Secretary 
attach to liberty and freedom of expression in particular. 
The U.S. looks at the progress made by Tunisia in social and 
economic spheres and is frustrated that Tunisia's pace of 
reform on political reform is not in line with these. 
 
3. (C)  Atallah said that he is familiar with the priority 
the USG attaches to democratic reform, but noted that since 
President Bush's NED speech in November 2003, the U.S. has 
also been careful to say that the pace of reform cannot be 
imposed from the outside, but must be decided by each 
country.  President Ben Ali, he continued, has made it clear 
that the choice of democratic reform is irreversible and 
moving forward, but that the pace takes into account a range 
of political, social and economic circumstances unique to 
Tunisia.  Atallah pointed out that there is freedom of 
expression in Tunisia, but within "the perimeter" set by the 
law.  Abbou had broken the law. 
 
4. (C)  The Ambassador agreed that the pace of reform could 
not be imposed from the outside.  He stressed, however, that 
the Abbou conviction did not appear to the U.S. as a question 
of pace, but of a step backward.  The U.S. is encouraged when 
it sees positive signals in Tunisia, such as the recent MOU 
with the ICRC on prison visits and the Human Rights Watch 
visit, but then we wonder whether they represent a real 
positive trend when we see something like the Abbou 
conviction.  Atallah responded that the GOT commitment to 
reform has not changed and we should not view the Abbou case 
as a trend. 
 
------------------- 
New Lawyer Arrested 
------------------- 
 
5. (C) Despite Atallah's reassurances, the GOT keeps adding 
fuel to the fire.  Another outspoken lawyer -- who happens to 
be one of Abbou's -- was, according to contacts and press 
reports, suddenly arrested, arraigned, and sentenced to four 
months May 3 on contempt charges that are at least two years 
old.  The lawyer in question is also known for complaining 
about the lack of independence of the judiciary.  Meanwhile, 
the Supreme Magistrates' Council issued a rebuke to lawyers 
who are denigrating their profession by their "abuses and 
excesses."  The titular head of that council is President Ben 
Ali. 
HUDSON