AP/ January 8, 2013, 12:01 PM

Benghazi suspect Ali Harzi released by Tunisia for lack of evidence, lawyer says

A vehicle burns after an attack by gunmen on the U.S. diplomatic office in Benghazi, Libya, Sept. 11, 2012.

A vehicle burns after an attack by gunmen on the U.S. diplomatic office in Benghazi, Libya, Sept. 11, 2012.

Updated at 11:54 a.m. Eastern

TUNIS, Tunisia Tunisian authorities conditionally released one of the only men in custody for alleged links to September's attack on the U.S. diplomatic mission in the Libyan city of Benghazi, the latest blow to an investigation that has limped along for months.

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Benghazi attack suspect released from jail

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U.S. consulate attack in Libya

Armed groups assaulted the lightly guarded mission on Sept. 11 and killed U.S. Ambassador Christopher Stevens and three other Americans, but despite U.S. promises there has been little news of progress so far in bringing the perpetrators to justice.

Ali Harzi, a 26-year-old Tunisian extradited from Turkey in October, was one of the only people actually detained over the attack and at the time Tunisian authorities said they "strongly suspected" he was involved.

On Tuesday, however, his lawyer Anwar Oued-Ali said the presiding judge had "conditionally freed" Harzi the night before for lack of evidence. He must remain in the Tunis area to be available for any further questioning.

U.S. officials in December lamented the lack of cooperation with the governments of Tunisia, Libya and Egypt in their ongoing investigation into the attack, saying most of the suspects remain free.

In Libya especially, investigating the attack is difficult because authorities rely on the numerous militias made up of tens of thousands of young Libyans who took up arms against former leader Muammar Qaddafi. It is often difficult to draw clear lines between those providing security and those causing instability.

In November the official in charge of Benghazi security was assassinated, and on Sunday the government announced that the investigator sent to look into his death has since been kidnapped.

Libyan officials have largely remained silent on the course of the investigation in the ambassador's death, saying only that it is ongoing.

Harzi was one of very few people in custody in relation to the attack, along with Jamal Abu Ahmad, a member of Islamic Jihad arrested in Egypt, according to U.S. officials.

Oued-Ali, the lawyer, described the release as "correcting an irregular situation" because authorities never had any real evidence. He is still officially charged with membership in a terrorist organization -- a charge punishable by six to 12 years in prison.In December, FBI officials questioned Harzi for three hours in the presence of a Tunisian judge.

The FBI has not commented on the results of the questioning, but Harzi's lawyer said they just asked if his client had any information about the attacks on the Benghazi mission as well as the assault on the U.S. embassy in Tunis three days later.

U.S. intelligence has blamed the Benghazi attack on militants who are members of a number of different groups. They range from the local Libyan militia Ansar al-Shariah, whose members were seen at the U.S. consulate during the attack, to militants with links to al Qaeda in the Islamic Maghreb -- al Qaeda's leading representative in the African region. The consulate's cameras captured many of the faces of armed men in a mob, and some have been questioned, but most remain free.

In a recent TV interview, Harzi's father, Tahar, said his son was just working in Libya in construction supporting his family.

Both Ali Harzi and his brother Brahim have had brushes with the law before, however. In 2005 the two were sentenced to 30 months in prison for having contact with another brother, Tarek, who fought against coalition forces in Iraq, according to lawyer Oued-Ali.

The father acknowledged that he had encouraged his sons to take up "jihad in the cause of God."

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6 Comments Add a Comment
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Seebess78 says:
I am just curious if the US will give Libya aid after this...
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joesapper says:
Well according to the resolve of the mighty leaders of those in Office over here , the video idiot is not getting out of jail for a year , and who cares if he had nothing to do with it , remember injustice will be served as Freedom of Speech is sent a clear message , "FREEDOM WILL BE FREE TO THE LIMITS OF A CONSTITUTIONAL LAWYER'S OPINION" , forget about the Constitution limits .
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joeg062 replies:
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The idiot is in jail because he was a cyber crook who was on probation and one of the conditions of his probation was that he not use the internet. He violated that probation, he went to jail for it, just like anyone else would. It's totally unrelated to the 1st amendment.
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uid_zero says:
I would hope that we would try to bring the killers to justice. Although getting together evidence to measure up to our levels would be hard as dozens of media organizations went through the compound prior to our own investigators reaching the scene a few weeks after the attack. I have a feeling that the executive branch just wants to just "move forward" rather than doing the hard thing. I am confident that President Obama will take a polar stance against anything the GOP says, even when they are correct, just to look tough and pick a fight. I am not confident that President Obama will take a hard line against those that actually attack us. Leave the hard problems for the next guy.
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krisinal says:
Mr. President, please make sure that not ONE DIME of foreign aid goes to Tunesia in the future. Clearly they are not our friends and that they do not respect international norms for handling suspected murderers/terrorists.
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duartejose27 replies:
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could it be that they have the wrong people locked up?thers plenty in cuba that are innocent havent you heard?