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Viewing cable 08JAKARTA1968, AVIAN INFLUENZA LAWSUIT AGAINST USG: FURTHER

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Reference ID Created Released Classification Origin
08JAKARTA1968 2008-10-24 10:20 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Jakarta
VZCZCXRO3229
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1968 2981020
ZNR UUUUU ZZH
O 241020Z OCT 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0406
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 7834
RUEHBY/AMEMBASSY CANBERRA 3197
RUEHLM/AMEMBASSY COLOMBO 1391
RUEHKA/AMEMBASSY DHAKA 1365
RUEHNE/AMEMBASSY NEW DELHI 2351
RUEHKO/AMEMBASSY TOKYO 2641
RUEHWL/AMEMBASSY WELLINGTON 3191
RUEHHK/AMCONSUL HONG KONG 3046
RUEHPT/AMCONSUL PERTH 1220
RHMFIUU/BUMED WASHINGTON DC
RHHJJPI/USPACOM HONOLULU HI
RHHJJPI/PACOM IDHS HONOLULU HI
RUENAAA/SECNAV WASHDC
RUEKJCS/SECDEF WASHDC
RUEAWJB/DEPT OF JUSTICE WASHDC
RULSAAV/NAVMEDRSCHCEN SILVER SPRING MD
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHINGTON DC
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