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Viewing cable 08JAKARTA1768, AVIAN INFLUENZA LAWSUIT AGAINST USG: PLAINTIFF

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Reference ID Created Released Classification Origin
08JAKARTA1768 2008-09-18 06:33 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Jakarta
VZCZCXRO5580
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1768 2620633
ZNR UUUUU ZZH
O 180633Z SEP 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0126
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 7832
RUEHBY/AMEMBASSY CANBERRA 3054
RUEHLM/AMEMBASSY COLOMBO 1309
RUEHKA/AMEMBASSY DHAKA 1279
RUEHNE/AMEMBASSY NEW DELHI 2246
RUEHKO/AMEMBASSY TOKYO 2507
RUEHWL/AMEMBASSY WELLINGTON 3084
RUEHHK/AMCONSUL HONG KONG 2976
RUEHPT/AMCONSUL PERTH 1142
RHMFIUU/BUMED WASHINGTON DC
RHHJJPI/USPACOM 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 001768 
 
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: PLAINTIFF 
NO-SHOW AT SEPT. 17 HEARING 
 
REF: JAKARTA 1742 AND PREVIOUS 
 
1.  (U) This message is Sensitive But Unclassified.  Please 
handle accordingly. 
 
2.  (SBU) Legal proceedings were 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 DEPLU's advice, neither the USG nor 
its agent appeared at the September 17 proceedings.  Mission 
did send an FSN to observe the proceedings. 
 
3.  (SBU) The court clerk told an FSN that because the 
plaintiff did not attend the proceedings, the hearing was 
canceled.  The clerk stated that the judge had postponed the 
hearing until October 10. 
 
4.  (SBU) The court has asked the plaintiff to provide 
additional funds for administrative fees.  In civil cases, 
the plaintiff must pay a fee for the issuance of a summons. 
The court has issued three summons to the defendants and 
there is no longer any funding available for a fourth 
summons. According to the clerk, the plaintiff was asked to 
provide additional funds to the court if the plaintiff 
intended to continue the case.  The plaintiff has not 
complied with the court's request. 
 
5.  (SBU) If the plaintiff provides additional funding before 
October 10, the court could issue a fourth and final summons 
to the defendants.  If there is a fourth hearing, and the 
defendants do not appear, the case could proceed and the 
judge could issue a ruling without the defendants present. 
The clerk explained that if the plaintiff had not provided 
the requested funds before October 10, the clerk would 
request that the judge dismiss the case for failure to pursue 
the claim. 
 
6.  (SBU) There was no press coverage of the court 
proceedings. 
HUME