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.

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OBJECTIVES
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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?

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BACKGROUND
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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.

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REPORTING DEADLINE
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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.

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DEPARTMENT POINTS OF CONTACT
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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