PRIME MINISTER BRIEFED ON PIRATE TRANSFER AND

C O N F I D E N T I A L SECTION 01 OF 02 PORT LOUIS 000404

SIPDIS

AF/E FOR MARIA BEYZEROV
L FOR JENNIFER LANDSIDLE

E.O. 12958: DECL: 12/08/2019
TAGS: KPIR PREL MARR PHSA EWWT PBTS MP
SUBJECT: PRIME MINISTER BRIEFED ON PIRATE TRANSFER AND
PROSECUTION ISSUES

Classified By: CDA BARRIE WALKLEY FOR REASONS 1.4 (B) AND (D)


1. (C) SUMMARY: UNODC representative Alan Cole briefed
Mauritian Prime Minister Ramgoolam December 8 on the UN
program to assist the transfer and prosecution of suspected
pirates captured in the Indian Ocean region. Ramgoolam was
receptive to the programs and ideas but raised concerns
regarding national security issues, bail for pirates and
capacity problems within the Mauritian criminal justice
system. UNODC agreed to provide capacity assessment reviews
in the coming months to address these concerns. Although the
tone of the meeting, according to Cole, was generally
positive (with Ramgoolam noting that the GOM "will do
something" to assist in the fight against piracy),Post
believes there is still a long road ahead before GOM will
consider an MOU on piracy. END SUMMARY.

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UNODC BRIEFS THE PM
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2. (C) On December 8, Alan Cole, the EC/United Nations Office
of Drugs and Crime (UNODC) Counter-Piracy Program
Coordinator, met with Prime Minister (PM) Ramgoolam and Chief
of Staff Kailash Ruhee to discuss the issue of transferring
suspected pirates to Mauritius for prosecution. After the
meeting, Cole briefed poloff on the discussions.


3. (C) Cole said he provided the PM and Ruhee information
regarding both the substantial increase in the frequency of
pirate attacks and the spread south of the attacks. He
referenced the recent piracy cases in Seychelles and Tanzania
to demonstrate that even countries with narrowly-drawn piracy
laws are being requested to prosecute suspect pirates
captured during incidents that occur in local waters. He
also highlighted the UN response to piracy issues, including
the Djibouti Code of Conduct, UNSCR 1897 and the UNODC
program. Cole emphasized the costs borne by countries
providing naval support for counter-piracy operations and the
expectation set out in the Djibouti Code of Conduct and UNSCR
1897 that regional states will make a contribution to the
counter-piracy effort by prosecuting arrested pirates. Cole
noted that transfer agreements allow the receiving state to
consider each case before agreeing to accept prisoners and to
refuse any case the receiving state considers "unsuitable."
Cole also referenced the numbers of potential cases to be
transferred. According to Cole, Seychelles agreed to accept
up to 40 cases in the first twelve months. He suggested
Mauritius might be able to accept 60 cases. During the
meeting with Cole, the PM offered no comment on the number,
neither accepting nor rejecting the figure. (NOTE: Post is
skeptical that Mauritius will accept 60 cases. END NOTE)


4. (C) The PM requested examples of UNODC assistance
provided to date to other countries, which Cole provided.
Cole pointed out that while some UNODC support might be
offered to states dealing solely with domestic piracy
arrests, the main funding is to be provided to states which
agree to take pirates arrested by foreign or international
forces (with support linked to an actual transfer agreement).
When the PM voiced concern regarding piracy prosecutions and
host-country national security issues, Cole replied that he
met earlier in the day with the National Security Services
and provided information which he believed directly addressed
those national security concerns. Regarding the worry that
pirates might be granted bail, Cole explained that from his
reading of the Mauritius Bail Act, pirate suspects would be
unlikely to qualify for bail. The PM raised several issues
regarding the Mauritian justice system, namely crowded court
schedules and limited prison capacity (Cole offered UNODC
expertise and support in those matters). At the conclusion
of the meeting, the PM requested that UNODC carry out an
assessment of the needs of the Mauritian criminal justice
system in relation to pirate prosecution (see para 7 below
for assessment dates suggested by UNODC).


5. (C) Both the PM and Ruhee voiced a desire to help with
the counter-piracy issue and to play an international role.
According to Cole, the PM said "We are going to do
something," with Ruhee stressing "We MUST do something." The
PM added a cautionary note, however, in emphasizing that
while he is "not against helping," he at the same time
doesn't want "to get into trouble tomorrow." (NOTE: This
last comment appears to be a reference to national elections
anticipated in early 2010 and the PM's reluctance to pursue
any act which might me used against his party before the

PORT LOUIS 00000404 002 OF 002


elections. END NOTE)

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DIALOGUE WITH OTHER STAKEHOLDERS
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6. (C) Cole reports that in a meeting at the Ministry of
Foreign Affairs (MFA),he was informed that the MFA has been
instructed to assemble a plan to support the anti-piracy
initiative. Separately, the Solicitor General told Cole that
he is embarrassed that Mauritius has not yet modified its
laws to facilitate piracy prosecution, noting that any
changes to the law will need to be approved by the National
Assembly. (FYI: The National Assembly has only two weeks left
in its current session, with no piracy issues on the agenda.
The next session is scheduled for March 2010, though there is
a possibility the PM can call a special session in January
2010.)

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NEXT STEPS FOR UNODC
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7. (C) In order to respond quickly to the PM's request for
assistance, UNODC prison specialist Glenn Ross, who is
currently in Mauritius on another UN training program, will
commence an assessment of the prisons as early on Monday,
December 14. The remaining assessment elements (police,
prosecutors, and courts) will be scheduled for early 2010.
Cole estimates the required support for Mauritius to cost USD
1.5 million.

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COMMENT
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8. (C) Post and other players (primarily the U.K., EU, and
France) have all pressed the GOM to take a more active
position on piracy issues -- with little progress to date.
The current GOM stance, as indicated in the UNODC meeting
with the PM, is that Mauritius is inclined to be more
pro-active in support of counter-piracy programs. During a
December 10 meeting with the Charge, Foreign Minister Boolell
admitted that the previous GOM policy regarding bilateral
requests for support on the piracy issue were deliberately
"pushed under the carpet." Boolell considered the
multilateral approach, as headed by the UN, to be much easier
for the GOM "to support...and to respond to more favorably."


9. (C) To date, the GOM falls short of formally agreeing to
anything other than acceptance of UN-funded reviews and
assessments. Given habitual GOM bureaucratic hesitancy --
and, perhaps more importantly, the upcoming national
elections -- Post strongly doubts that the GOM will accept
any pirate cases in the near future. Post believes that the
UNODC assessments are the right step at this time, but that
any attempt to press forward with a bilateral transfer
agreement or MOU will not be met with enthusiasm from the GOM
and will not prove fruitful. Post thus recommends waiting for
the results of the UN assessments before considering moving
forward on bilateral approaches.
WALKLEY