Cablegate: Avian Influenza Lawsuit Against Usg: Plaintiff

VZCZCXRO5580
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1768 2620633
ZNR UUUUU ZZH
O 180633Z SEP 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0126
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 7832
RUEHBY/AMEMBASSY CANBERRA 3054
RUEHLM/AMEMBASSY COLOMBO 1309
RUEHKA/AMEMBASSY DHAKA 1279
RUEHNE/AMEMBASSY NEW DELHI 2246
RUEHKO/AMEMBASSY TOKYO 2507
RUEHWL/AMEMBASSY WELLINGTON 3084
RUEHHK/AMCONSUL HONG KONG 2976
RUEHPT/AMCONSUL PERTH 1142
RHMFIUU/BUMED WASHINGTON DC
RHHJJPI/USPACOM 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 001768

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: PLAINTIFF
NO-SHOW AT SEPT. 17 HEARING

REF: JAKARTA 1742 AND PREVIOUS

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

2. (SBU) Legal proceedings were 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 DEPLU's advice, neither the USG nor
its agent appeared at the September 17 proceedings. Mission
did send an FSN to observe the proceedings.

3. (SBU) The court clerk told an FSN that because the
plaintiff did not attend the proceedings, the hearing was
canceled. The clerk stated that the judge had postponed the
hearing until October 10.

4. (SBU) The court has asked the plaintiff to provide
additional funds for administrative fees. In civil cases,
the plaintiff must pay a fee for the issuance of a summons.
The court has issued three summons to the defendants and
there is no longer any funding available for a fourth
summons. According to the clerk, the plaintiff was asked to
provide additional funds to the court if the plaintiff
intended to continue the case. The plaintiff has not
complied with the court's request.

5. (SBU) If the plaintiff provides additional funding before
October 10, the court could issue a fourth and final summons
to the defendants. If there is a fourth hearing, and the
defendants do not appear, the case could proceed and the
judge could issue a ruling without the defendants present.
The clerk explained that if the plaintiff had not provided
the requested funds before October 10, the clerk would
request that the judge dismiss the case for failure to pursue
the claim.

6. (SBU) There was no press coverage of the court
proceedings.
HUME

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