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. -------------- UNODC BRIEFS THE PM -------------- ¶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) -------------- DIALOGUE WITH OTHER STAKEHOLDERS -------------- ¶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.) -------------- NEXT STEPS FOR UNODC -------------- ¶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. -------------- COMMENT -------------- ¶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