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Viewing cable 08JAKARTA1742, AVIAN INFLUENZA LAWSUIT AGAINST USG: IMMUNITY

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Reference ID Created Released Classification Origin
08JAKARTA1742 2008-09-15 08:06 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Jakarta
VZCZCXRO2761
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1742 2590806
ZNR UUUUU ZZH
O 150806Z SEP 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0082
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 7828
RUEHBY/AMEMBASSY CANBERRA 3027
RUEHLM/AMEMBASSY COLOMBO 1291
RUEHKA/AMEMBASSY DHAKA 1261
RUEHNE/AMEMBASSY NEW DELHI 2226
RUEHKO/AMEMBASSY TOKYO 2486
RUEHWL/AMEMBASSY WELLINGTON 3064
RUEHHK/AMCONSUL HONG KONG 2965
RUEHPT/AMCONSUL PERTH 1129
RHMFIUU/BUMED WASHINGTON DC
RHHJJPI/USPACOM HONOLULU HI
RUEKJCS/SECDEF WASHDC
RUENAAA/SECNAV WASHDC
RUEAWJB/DEPT OF JUSTICE WASHDC
RULSAAV/NAVMEDRSCHCEN SILVER SPRING MD
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHINGTON DC
UNCLAS JAKARTA 001742 
 
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: IMMUNITY 
LETTER DELIVERED TO DEPLU 
 
REF: JAKARTA 1676 AND PREVIOUS 
 
1.  (SBU) On September 15, poloff delivered to the Indonesian 
Department of Foreign Affairs (DEPLU) the Department of 
Justice (DOJ) memorandum on the Application the Law of 
Foreign State Immunity: Sarmili v. World Health Organization 
and United States of America and the letter addressed to the 
court summarizing the attached memorandum under cover of 
diplomatic note.  The letter and memorandum, explaining the 
basis for sovereign immunity in international law, were 
delivered in English and Indonesian.  Emboffs subsequently 
received confirmation that all documentation had been 
delivered to the court. 
 
2.  (SBU) During the delivery of the letter and memorandum to 
DEPLU, Emboffs met with Arif Havas Oegroseno, Director of 
DEPLU's Office of Political, Legal and Regional Treaties, and 
his assistant, Cahyo Muzhar.  Muzhar said that he was 
drafting the legal opinion from DEPLU to submit along with 
the USG documents to the court.  He reiterated that Oegroseno 
had discussed the case with the court and believes he made 
progress with the judges. 
 
3.  (SBU) Oegroseno and Muzhar recommended that neither the 
USG nor its agent appear at the September 17 proceedings. 
Muzhar stated that he might send a member of DEPLU,s staff 
to monitor the proceedings. 
 
4.  (SBU) Muzhar also stated that DEPLU considers the summons 
dated June 12, 2008, to be the second summons rather than the 
third summons.  If the court agrees that the June 12 summons 
is the second summons, there may be a third summons for a 
court date in November.  Muzhar elaborated that the plaintiff 
seemed reluctant to pay the court fees for the delivery of 
the third summons.  He indicated that if the court required 
an expert witness to testify on Foreign Sate Immunity, 
DEPLU's Arif Havas Oegroseno would consider serving as the 
expert witness. 
HUME