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Cablegate: Avian Influenza Lawsuit Against Usg: Immunity

VZCZCXRO2761
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1742 2590806
ZNR UUUUU ZZH
O 150806Z SEP 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0082
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 7828
RUEHBY/AMEMBASSY CANBERRA 3027
RUEHLM/AMEMBASSY COLOMBO 1291
RUEHKA/AMEMBASSY DHAKA 1261
RUEHNE/AMEMBASSY NEW DELHI 2226
RUEHKO/AMEMBASSY TOKYO 2486
RUEHWL/AMEMBASSY WELLINGTON 3064
RUEHHK/AMCONSUL HONG KONG 2965
RUEHPT/AMCONSUL PERTH 1129
RHMFIUU/BUMED WASHINGTON DC
RHHJJPI/USPACOM HONOLULU HI
RUEKJCS/SECDEF WASHDC
RUENAAA/SECNAV WASHDC
RUEAWJB/DEPT OF JUSTICE WASHDC
RULSAAV/NAVMEDRSCHCEN SILVER SPRING MD
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHINGTON DC

UNCLAS JAKARTA 001742

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: IMMUNITY
LETTER DELIVERED TO DEPLU

REF: JAKARTA 1676 AND PREVIOUS

1. (SBU) On September 15, poloff delivered to the Indonesian
Department of Foreign Affairs (DEPLU) the Department of
Justice (DOJ) memorandum on the Application the Law of
Foreign State Immunity: Sarmili v. World Health Organization
and United States of America and the letter addressed to the
court summarizing the attached memorandum under cover of
diplomatic note. The letter and memorandum, explaining the
basis for sovereign immunity in international law, were
delivered in English and Indonesian. Emboffs subsequently
received confirmation that all documentation had been
delivered to the court.

2. (SBU) During the delivery of the letter and memorandum to
DEPLU, Emboffs met with Arif Havas Oegroseno, Director of
DEPLU's Office of Political, Legal and Regional Treaties, and
his assistant, Cahyo Muzhar. Muzhar said that he was
drafting the legal opinion from DEPLU to submit along with
the USG documents to the court. He reiterated that Oegroseno
had discussed the case with the court and believes he made
progress with the judges.

3. (SBU) Oegroseno and Muzhar recommended that neither the
USG nor its agent appear at the September 17 proceedings.
Muzhar stated that he might send a member of DEPLU,s staff
to monitor the proceedings.

4. (SBU) Muzhar also stated that DEPLU considers the summons
dated June 12, 2008, to be the second summons rather than the
third summons. If the court agrees that the June 12 summons
is the second summons, there may be a third summons for a
court date in November. Muzhar elaborated that the plaintiff
seemed reluctant to pay the court fees for the delivery of
the third summons. He indicated that if the court required
an expert witness to testify on Foreign Sate Immunity,
DEPLU's Arif Havas Oegroseno would consider serving as the
expert witness.
HUME

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