DEMARCHE: COUNTER-PIRACY COOPERATION

UNCLAS STATE 034659 E.O. 12958: N/A TAGS: EWWT MOPS PHSA PREL KJUS XW MP SUBJECT: DEMARCHE: COUNTER-PIRACY COOPERATION REF: BLASER/BEYZEROV EMAIL ¶1. This is an action request. Please see paragraphs 2 and 3. -------------- OBJECTIVES -------------- ¶2. Department requests Post expand discussion with the Government of Mauritius (GOM) on deepening cooperation with the United States to counter piracy in the Gulf of Aden and off the coast of Somalia by prosecuting suspected pirates in Mauritius. Post is requested to pursue the following objectives with the GOM: -- Note that piracy directly impacts on regional trade and security, and that ransom monies may be contributing to conflict and continued instability in Somalia. -- Note that Mauritius could play an important regional leadership role in combating piracy by prosecuting suspected pirates. -- Inquire into GOM,s willingness to prosecute piracy suspects detained in counter piracy operations in international waters in the Gulf of Aden or in waters off the coast of Somalia. ¶3. If the GOM is willing to prosecute piracy suspects, post is requested to raise the following questions to assess GOM judicial capabilities. -- Would your domestic courts have criminal jurisdiction over (a) acts of piracy committed on the high seas; (b) acts, including armed robbery against ships, committed in the territorial waters of other states; (c) related acts, such as conspiracy to commit or attempted commission of piracy, if they are committed on the high seas or if committed in territorial waters or on land in other states (i.e. Somalia)? -- Would such jurisdiction depend on a participant or victim being a national of Mauritius? If the pirates, the victims, the vessel owner and the vessel itself were all nationals of or associated with third countries, would Mauritius have jurisdiction? -- If you do not currently have such jurisdiction, are there proposals in place to provide for it? How long would it take for those to be enacted? -- Have the offenses set forth in the Convention on the Suppression of Unauthorized Acts against the Safety of Maritime Navigation, 1988 (&SUA8),been implemented in to your domestic criminal law? -- To the extent that your domestic courts currently have criminal jurisdiction over piracy, as a policy matter is your government prepared (and willing) to accept and prosecute those accused of piracy under the following scenarios: a. Where there is no nexus of nationality with Mauritius (as defined in question 2, above); b. Where there is such a nexus of nationality. -- To the extent your courts have jurisdiction, do your (a) prosecutorial service; (b) courts; and (c) prison/jail system currently have the capacity and capability to handle more than one piracy prosecution? -- Are there any specific requirements of Mauritius,s laws that would be important information for a state capturing suspected pirates for transfer to Mauritius (for example, evidentiary rules that must be followed, time limits for detention, etc.)? -- Are there any specific needs (for funding or other assistance) that your believe will immediately strengthen your capacity to prosecute and incarcerate those accused of committing piracy or armed robbery at sea off the coast of Somalia? -- Have there been prior instances within recent times of piracy prosecutions in Mauritius? -------------- BACKGROUND -------------- ¶4. The growth of piracy in the Gulf of Aden and in waters off the coast of Somalia has emerged as a serious threat to international commerce, the safety of mariners, and the delivery of humanitarian assistance to Somalia. Pirate attacks in these waters more than doubled from 2007 to 2008, and continue to occur with alarming frequency. Pirates are now receiving million-dollar ransoms for hijacked vessels and are becoming more aggressive and assertive at sea. ¶5. Funds generated from ransoms may be contributing to conflict and supporting continued instability in Somalia. Piracy also raises the costs of basic commodities for vulnerable populations in the Horn of Africa. ¶6. Recent UN Security Council Resolutions (1814, 1816, 1838, 1846 and 1851) call for international cooperation in combating piracy and armed robbery at sea in waters off the coast of Somalia, and provide authorization for countries cooperating with Somalia's Transitional Federal Government to enter Somalia and its waters and to use all necessary means to repress piracy and armed robbery at sea. -------------- REPORTING DEADLINE -------------- ¶7. (U) Department greatly appreciates Post's assistance. Department requests action addressee report on results of efforts by front-channel cable slugged for AF/RSA Jun Bando, PM/PPA David Foran and AF/E Maria Beyzerov by April 13. -------------- DEPARTMENT POINTS OF CONTACT -------------- ¶8. Please contact AF/RSA Jun Bando, PM/PPA David Foran, or AF/E Maria Beyzerov for any necessary further background information or argumentation to meet demarche objectives. CLINTON