VZCZCXYZ0001
PP RUEHWEB

DE RUEHTU #0480/01 0621629
ZNY CCCCC ZZH
P 031629Z MAR 06
FM AMEMBASSY TUNIS
TO SECSTATE WASHDC PRIORITY 9969

C O N F I D E N T I A L TUNIS 000480 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/MAG - LAWRENCE 
 
E.O. 12958: DECL: 03/02/2016 
TAGS: PGOV PREL KDEM TS
SUBJECT: GOT REACTION TO PRISONER RELEASE STATEMENT 
 
Classified By: CHARGE D'AFFAIRES a.i. DAVID BALLARD FOR REASONS 1.4 B & 
 D 
 
¶1. (C) SUMMARY: On March 3, MFA Secretary of State for 
American and Asian Affairs Saida Chtioui summoned Charg to 
present a formal GOT reaction to the Department statement on 
the February 25 release of over 1600 Tunisian prisoners. 
Chtioui expressed the GOT's "surprise" that the Spokesman had 
referenced NGO allegations that the released were political 
prisoners, of which "there are none in Tunisia."  Chtioui 
added that all of the released had been convicted for their 
involvement in violent acts, not for their beliefs or 
membership in illegal organizations.  Finally, Chtioui said 
that those involved in the attempted demonstration on 
February 24 were from illegal groups that are not allowed to 
demonstrate.  Despite the predictably negative reaction, it 
is worth noting that Tunisia has in fact made progress toward 
achieving several USG political reform targets in the past 
two years. END SUMMARY. 
 
¶2. (C) Chtioui began by saying Tunisia was surprised by the 
USG statement, particularly as it is a well-known practice in 
Tunisia for President Ben Ali to pardon prisoners on the 
occasion of national holidays.  With the fiftieth anniversary 
of Tunisia's independence from France coming on March 20, the 
President had decided to pardon a larger number of prisoners 
than on other occasions.  Chtioui asked why the Spokesman had 
used the term "political prisoners" in the statement, when 
"we don't have them here."  Charg quoted from the statement 
to note the released "had been described...as political 
prisoners" by NGOs.  (NOTE: Without a comprehensive list of 
the individuals released, it is difficult to confirm that 
those who were released were in fact political prisoners as 
defined by the USG. END NOTE.)  Chtioui said the continued 
repetition of such statements reminds the world of the 
allegations even when Tunisia is taking the positive step of 
releasing prisoners. It seems like a kind of prejudice 
against Tunisia, said Chtioui. 
 
¶3. (C)  Noting that the US is at the forefront of the Global 
War on Terror, Chtioui asked, "Why do you call terrorists 
political prisoners?"  Charg responded that the USG agrees 
with the imprisonment of terrorists, but is against 
imprisonment simply for membership in an organization. 
Chtioui responded that the an-Nahdha members pardoned were 
all in prison for involvement in some violent or terrorist 
act.  She went on to explain that although the Zarzis group 
was attempting the active assembly of a bomb, the President 
believed these young people should have another chance to be 
integrated into Tunisian society.  Charg said that the basis 
of the USG's concern, like Amnesty International's, about the 
Zarzis case was related to the apparent failure of the GOT to 
respect due process of law, not judgement of the group's 
guilt or innocence. 
 
¶4. (C) In conclusion, Chtioui said that the claim that the 
GOT had banned a demonstration of legal political parties was 
simply incorrect.  None of those involved were legal parties, 
which have the right to criticize the government and organize 
demonstrations.  However, citizens must respect the law, said 
Chtioui, and illegal groups may not violate Tunisian laws. 
Charg noted the attempted participation of the legal 
Tunisian Human Rights League, which Chtioui rejected as "not 
a party."  When asked about the participation of the legal 
Democratic Progressive Party (PDP), Chtioui said that she did 
not have all the details about the attempted demonstration, 
but that illegal opposition groups are not allowed to 
demonstrate.  (NOTE: The GOT strictly interprets "legal" and 
"illegal" and often limits mixed group activities. END NOTE.) 
 Charg noted that the USG statement on this event reflects 
our fundamental belief in the importance of freedom of 
association and assembly in Tunisia and that the GOT should 
always expect a strong USG reaction to any limitation of 
these rights. 
 
¶5. (C) COMMENT: The GOT routinely makes formal complaints to 
the USG about our public statements, expressing its 
disappointment that positive steps are rewarded with negative 
comments.  Its overly defensive reaction when challenged, 
combined with its unique ability to follow good actions - 
releasing prisoners - with bad - blocking civil society 
activism - is self-defeating at best.  The fact that GOT 
restrictions on freedom of speech and association are more 
prevalent that any positive political steps often make the 
pace of any political reforms seem glacial. 
 
¶6. (C) COMMENT, CONT: However, we should at the same time 
note the GOT has made progress in political reform in the 
past two years.  Of the seven specific steps requested in 
early 2004 by former DRL A/S Lorne Craner, the GOT has taken 
positive action on four: (1) media freedom is growing, with 
two new stations now broadcasting and palpable, if cautious, 
trend toward more critical coverage by the media, (2) 
approximately half (using the most reliable estimate) of 
political prisoners have been released, and (3) the ICRC 
conducts regular visits to Tunisian prisons.  Post has also 
just learned a new political party may have been recently 
registered, which was another requested action.  (Another 
action regarding the choice of 2005 WSIS president is 
irrelevant.)  When these actions are considered as a group, 
Tunisia's progress on the path of democratic reform is more 
impressive than it often appears to be from day-to-day. END 
COMMENT. 
BALLARD