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Cablegate: Avian Influenza Lawsuit Against Usg: Further

VZCZCXRO3229
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1968 2981020
ZNR UUUUU ZZH
O 241020Z OCT 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0406
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 7834
RUEHBY/AMEMBASSY CANBERRA 3197
RUEHLM/AMEMBASSY COLOMBO 1391
RUEHKA/AMEMBASSY DHAKA 1365
RUEHNE/AMEMBASSY NEW DELHI 2351
RUEHKO/AMEMBASSY TOKYO 2641
RUEHWL/AMEMBASSY WELLINGTON 3191
RUEHHK/AMCONSUL HONG KONG 3046
RUEHPT/AMCONSUL PERTH 1220
RHMFIUU/BUMED WASHINGTON DC
RHHJJPI/USPACOM HONOLULU HI
RHHJJPI/PACOM IDHS HONOLULU HI
RUENAAA/SECNAV WASHDC
RUEKJCS/SECDEF WASHDC
RUEAWJB/DEPT OF JUSTICE WASHDC
RULSAAV/NAVMEDRSCHCEN SILVER SPRING MD
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHINGTON DC

UNCLAS JAKARTA 001968

SENSITIVE
SIPDIS

DEPT FOR P, EAP, EAP/MTS, EAP/MLS, EAP/RSP, G/AIAG,
OES/IHA, L, L/DL FOR DICKERSON
USAID FOR ANE/CLEMENTS AND GH/CARROLL
DEPT PASS TO HHS/WSTEIGER/ABHAT/MSTLOUIS AND HHS/NIH
DEPT PASS TO USDA/FAS/OSTA BRANT, ROSENBLUM
DOJ FOR OFL/HOLLIS
DOJ FOR OFL/HERRUP
GENEVA FOR WHO/HOHMAN
NSC FOR E.PHU
SECDEF FOR USDP/ISA/APSA D.WALTON

E.O. 12958: N/A
TAGS: PGOV TBIO KFLU KLIG ID
SUBJECT: AVIAN INFLUENZA LAWSUIT AGAINST USG: FURTHER
DELAY IN COURT HEARING

REF: JAKARTA 1768 AND PREVIOUS

1. (U) This message is Sensitive but Unclassified. Please
handle accordingly.

2. (SBU) Legal proceedings were originally scheduled to
begin in the Central Jakarta District Court on September 17
in the avian-influenza lawsuit against the USG and the World
Health Organization (refs). On advice by the Foreign Affairs
Department (DEPLU), neither the USG nor its agent appeared at
the September 17 proceedings. Because the plaintiff did not
attend the proceedings, the hearing was canceled until
October 10 and then postponed again until October 17.

3. (SBU) On October 17, DCM spoke with Arif Havas Oegroseno,
Director of DEPLU's Office of Political, Legal and Regional
Treaties. Oegroseno said the court was divided on how to
proceed in the lawsuit. Some judges believed the case should
be dismissed without a hearing on the basis of the
plaintiff's lack of interest as well as sovereign immunity
grounds. Others, who were not yet persuaded by a sovereign
immunity argument, said the suit should not be dismissed
without a hearing. The internal debate led the court to
further postpone a decision regarding the proceedings until
perhaps mid-December.

4. (SBU) Oegroseno, who has been helpful throughout this
process, recommended to the DCM that the USG not press for
action from the court and await the mid-December decision.
HUME

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