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Cablegate: Lawsuit Against the Usg: Immunity Language

VZCZCXRO5444
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1504/01 2200858
ZNR UUUUU ZZH
O 070858Z AUG 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9733
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 7811
RUEHBY/AMEMBASSY CANBERRA 2876
RUEHKA/AMEMBASSY DHAKA 1149
RUEHNE/AMEMBASSY NEW DELHI 2082
RUEHKO/AMEMBASSY TOKYO 2332
RUEHWL/AMEMBASSY WELLINGTON 2926
RUEHHK/AMCONSUL HONG KONG 2863
RUEHPT/AMCONSUL PERTH 1018
RHMFISS/BUMED WASHDC
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 SECTION 01 OF 02 JAKARTA 001504

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: LAWSUIT AGAINST THE USG: IMMUNITY LANGUAGE
SUGGESTED REVISION

REF: A. JAKARTA 1381
B. WASHINGTON- EMBASSY JAKARTA EMAILS

JAKARTA 00001504 001.2 OF 002


1. (U) This message requests the Department's guidance.
Please see para 5.

2. (SBU) SUMMARY: Embassy Jakarta has reviewed Washington's
draft diplomatic note (refmail) in response to the avian
influenza lawsuit. Embassy Jakarta recommends that the
assertion of sovereign immunity be the core point in the
note. END SUMMARY.

3. (SBU) Embassy Jakarta welcomes Washington's decision to
assert sovereign immunity in the avian influenza lawsuit that
has been filed in Jakarta against the World Health
Organization (WHO) and the USG. Embassy Jakarta believes
that sovereign immunity is the appropriate posture in this
case and for that reason recommends placing the assertion of
sovereign immunity before any statements on the allegations
in the case (ref A).

4. (SBU) Embassy Jakarta strongly recommends that any
language on the merits of the case should be unembellished
and clear. Please see Mission's proposed revised draft of the
note in para 6 below.

5. (SBU) ACTION REQUEST: Mission requests Washington
provide interagency-cleared language along the lines of the
proposed note below.

6. (SBU) Amended draft diplomatic note:

BEGIN TEXT

The Embassy of the United States of America presents its
compliments to the Department of Foreign Affairs of the
Republic of Indonesia, and has the honor to refer to the
Department's diplomatic note D.601/PO/VII/2008/59 forwarding
the attached "Court Summons Letter" and related lawsuit
brief. The Court Summons Letter relates to proceedings
brought by Sarmili against the World Health Organization
(WHO) and the United States of America for the death of
plaintiff's son from avian flu. The Government of the United
States understands that a hearing in the matter is scheduled
on September 17, 2008, before the Central Jakarta State
Court.

The Embassy of the United States of America has the honor to
draw the attention of the Department of Foreign Affairs of
the Republic of Indonesia to the immunity to which the United
States of America is entitled as a matter of international
law. Moreover, the United States of America wishes to state
that the allegations in the complaint regarding the conduct
of the United States of America are on their face false and
without credibility. The United States of America views any
attempt to use a national court as a forum to disseminate
groundless allegations regarding the conduct of the World
Health Organization, the United States of America, or other
states and organizations in responding to outbreaks of
disease and attempting to prevent its spread, as an abuse of

JAKARTA 00001504 002.2 OF 002


process.

In light of the foregoing, the Embassy of the United States
of America respectfully requests that the Department of
Foreign Affairs of the Republic of Indonesia take all steps
available to it to cause the case to be dismissed prior to
any hearing.

The Embassy of the United States of America avails itself of
this opportunity to renew to the Department of Foreign
Affairs of the Republic of Indonesia the assurances of its
highest consideration.

Embassy of the United States of America,
Jakarta, August 7, 2008

END TEXT
HUME

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