AVIAN INFLUENZA LAWSUIT AGAINST USG: FURTHER

UNCLAS JAKARTA 001968 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: FURTHER DELAY IN COURT HEARING REF: JAKARTA 1768 AND PREVIOUS ¶1. (U) This message is Sensitive but Unclassified. Please handle accordingly. ¶2. (SBU) Legal proceedings were originally 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 advice by the Foreign Affairs Department (DEPLU),neither the USG nor its agent appeared at the September 17 proceedings. Because the plaintiff did not attend the proceedings, the hearing was canceled until October 10 and then postponed again until October 17. ¶3. (SBU) On October 17, DCM spoke with Arif Havas Oegroseno, Director of DEPLU's Office of Political, Legal and Regional Treaties. Oegroseno said the court was divided on how to proceed in the lawsuit. Some judges believed the case should be dismissed without a hearing on the basis of the plaintiff's lack of interest as well as sovereign immunity grounds. Others, who were not yet persuaded by a sovereign immunity argument, said the suit should not be dismissed without a hearing. The internal debate led the court to further postpone a decision regarding the proceedings until perhaps mid-December. ¶4. (SBU) Oegroseno, who has been helpful throughout this process, recommended to the DCM that the USG not press for action from the court and await the mid-December decision. HUME