VZCZCXYZ0051
PP RUEHWEB

DE RUEHTU #0501/01 0651534
ZNY CCCCC ZZH
P 061534Z MAR 06
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 9983
INFO RUEHAS/AMEMBASSY ALGIERS PRIORITY 7159
RUEHFR/AMEMBASSY PARIS PRIORITY 1538
RUEHRB/AMEMBASSY RABAT PRIORITY 8089

C O N F I D E N T I A L TUNIS 000501 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/MAG - LAWRENCE AND DRL 
 
E.O. 12958: DECL: 03/01/2016 
TAGS: PHUM PGOV KDEM TS
SUBJECT: LTDH TRIAL HIGHLIGHTS STRICT GOT CONTROLS OVER 
CIVIL SOCIETY 
 
REF: A. TUNIS 387 
 
     ¶B. 05 TUNIS 2113 
     ¶C. 05 TUNIS 2034 
 
Classified By: CHARGE D'AFFAIRES a.i. DAVID BALLARD FOR REASONS 1.4 (b) 
 AND (d) 
 
¶1. (C) SUMMARY: The February 25 court appearance of the 
Tunisian Human Rights League (LTDH), which resulted in an 
administrative postponement, provided rare insight into the 
extent to which GOT security forces can prevent civil society 
from operating.  While foreign diplomats were allowed entry 
after some delay, senior LTDH officials were prevented from 
approaching the gates of the courthouse.  The significant 
police presence - both uniformed and plain clothed - was 
clearly focusing its attention on particular individuals, 
while allowing other Tunisians to pass unhindered. END 
SUMMARY. 
 
¶2. (C) The LTDH, the largest independent human rights 
organization in Tunisia and the oldest in the Arab world, has 
had a tense relationship with the GOT for several years (Ref 
B & C), but in 2005, 22 allegedly pro-government members 
filed a legal case against the LTDH Executive Council to 
protest chapter reorganization directed by LTDH President 
Mokhtar Trifi.  In September 2005, the Court of First 
Instance blocked the convening of the LTDH National Congress. 
 The February 25 appearance was a continuation of this case, 
which now includes only two plaintiffs, as twenty others 
withdrew their complaint in November. 
 
¶3. (C) When Poloff and PolFSN arrived at the courthouse to 
attend the hearing, almost thirty uniformed and plain-clothes 
security forces were present around the courthouse.  Near the 
entrance, one plainclothes man asked PolFSN, "Who are you?" 
When he replied, "From the American Embassy," the man 
pointedly asked PolFSN if he was American.  Poloff said they 
were together, which was enough to allow passage inside the 
gate. 
 
¶4. (C) There, another plainclothes man approached and asked 
for identification cards.  Poloff presented a diplomatic 
identity card, while PolFSN, afraid of GOT reprisal, 
presented only his embassy ID.  One plainclothes man copied 
down the ID cards' details, while another called for 
permission for our entry.  Two others questioned PolFSN, "Who 
are you? Why don't you have your ID card? What did you come 
for?"  PolFSN claimed to be an embassy translator, who would 
explain Arabic court proceedings.  When the EU 
representative, who was also awaiting permission to enter, 
volunteered that a lawyer inside could translate so PolFSN 
could depart, the men responded, "No, better for you to 
provide neutral translation than those people inside." 
 
¶5. (C) After waiting ten minutes in the courtyard, permission 
was granted for entry.  Finnish and British diplomats also 
entered without incident shortly thereafter.  Upon entry to 
the courthouse, Ayashi Hammami, a lawyer, LTDH member, human 
rights activist and former 18 October hunger striker (Ref A 
and previous), approached the group to explain the senior 
LTDH officials were in a coffee shop across the street, 
afraid to attempt entry because of the police presence. 
Hammami explained the officials hoped that if the foreign 
diplomats joined them, they might be able to enter. 
 
¶6. (C) The diplomats proceeded across the street, where they 
met several LTDH officials, including President Mokhtar Trifi 
and Vice President Souhair Belhassen.  After initial 
greetings and LTDH expressions of consternation about the 
heavy police presence, the group attempted to cross the 
street and approach the courthouse.  It was clear that the 
plainclothes police had identified the LTDH members that 
would not be allowed to proceed.  Security officers 
approached to block the advance of the LTDH members, but none 
physically or verbally abused them.  One man was responsible 
for announcing that only the lawyer representing the LTDH (in 
this case President Trifi) would be allowed to enter. 
 
¶7. (C) At this point, Trifi began shouting at the security 
officials, "How can you let foreigners in while blocking us - 
Tunisian citizens?! Shame!" and "The documents (notifying the 
LTDH of the court date and requesting their appearance) 
clearly address the (LTDH) Executive Council!"  (NOTE: Ms. 
Belhassen and other Executive Council members are defendants 
in the case, although not mentioned specifically by name in 
court documents. END NOTE.)  The plainclothes officials 
refused to respond to Trifi, instead focusing their attention 
on encouraging the diplomats to enter the courthouse.  The 
 
blocked LTDH members returned to the coffee house across the 
street while Trifi continued to demand they be allowed entry, 
to no avail. 
 
¶8. (C) Eventually, Trifi and the attending diplomats entered 
the courthouse.  The courtroom was full of many lawyers and 
other Tunisians involved in the day's cases.  Given the 
efforts to prevent the entry of LTDH officials, it was 
surprising to see so many Tunisians had no difficulty 
entering.  In fact, while diplomats and LTDH officials were 
held outside the courthouse, hundreds of Tunisians entered 
without question or delay. 
 
¶9. (C) After wrapping upapproximately twenty other civil 
cases on the day's docket - involving everything from 
inheritance to commercial disputes - the judge called the 
LTDH case.  The defendants asked for a delay in order to 
attempt to resolve the matter, while Trifi called on the 
judge to grant access to all Executive Council members.  The 
judge, polite and clearly prepared, listened carefully before 
dismissing the request outright.  Civil law, explained the 
judge, allows defendants to be represented in absentia by a 
single lawyer.  Thus, there was no violation of defendants' 
rights, said the judge, and the case was rescheduled for May 
¶6. 
 
¶10. (C) COMMENT: While post often receives complaints from 
Tunisian civil society about the way Tunisian security forces 
- uniformed and plainclothes - restrict their freedom of 
movement and association, it was instructive to witness these 
oppressive techniques firsthand.  While no violence or force 
was used, it was clear that under no circumstances were 
particular individuals going to enter the courthouse.  The 
resignation on the faces of the LTDH members was another sign 
of how independent civil society feels suffocated by the 
extent of the mechanisms to control it.  END COMMENT. 
BALLARD