LAWSUIT AGAINST THE USG: IMMUNITY LANGUAGE

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