AVIAN INFLUENZA LAWSUIT AGAINST USG: PLAINTIFF

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