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PP RUEHWEB

DE RUEHC #0603 2711215
ZNR UUUUU ZZH
P R 281156Z SEP 09
FM SECSTATE WASHDC
TO RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 0000
INFO RUEHNR/AMEMBASSY NAIROBI 0000

UNCLAS STATE 100603 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: MARR MOPS MP PBTS PHSA
SUBJECT: PIRACY PROSECUTION - DEMARCHE REQUEST 
 
 ¶1. (SBU) Summary: This is an action request (see paragraphs 
2 and 3).  Kenya currently has more than 100 suspected 
pirates in custody, either awaiting trial or on trial.  The 
burden needs to be shared more broadly.  The United States 
will continue to press victim states to take responsibility 
for prosecution but is also pursuing alternative 
transfer/prosecution arrangements  within the region.  Based 
on input from Post, we understand Tanzania does not currently 
have the domestic legal framework to prosecute 
pirates in cases without a Tanzanian nexus, and may not have 
the political will to amend their law to expand their 
jurisdiction or to assist the United States by accepting 
piracy suspects for prosecution. 
Nevertheless, we believe it is appropriate to engage the GoT 
on Tanzania,s potential role in pirate prosecution and our 
interest in entering into a transfer/prosecution MoU with 
them, to take effect when they have made the necessary 
changes to their domestic law.  End Summary. 
 
 
 
Action Request 
--------------- 
 
¶2.  (SBU) Post is requested to demarche host government 
officials as soon as possible with the following objectives: 
 
--to express our strong interest in Tanzanian legislative 
reform that would recognize piracy as a universal crime that 
can be prosecuted in national courts regardless of whether 
the case has a nexus to Tanzania. 
 
--if the GoT is interested, offer USG support to identify 
technical assistance to review and/or draft the necessary 
legislation to expand the jurisdiction of their domestic 
courts to enable prosecution of acts of piracy, even where a 
Tanzanian nexus is absent. 
 
-- to express our strong interest in pursuing conclusion of a 
Memorandum of Understanding with the United States to 
facilitate the transfer of suspected pirates to Tanzania for 
the purposes of prosecution, and gauge GoT receptivity to the 
proposal. 
 
-- if the GoT is interested, Post should share the draft MoU 
text and accompanying explanatory notes (sent via e-mail) 
with the GoT and propose that GoT and U.S. experts meet via 
video-conference within 10 days to discuss the text and 
address questions the GoT authorities may have. 
 
 
Suggested Points to Make 
------------------------ 
 
¶3.  We recognize that the economic and security interests of 
Tanzania are being negatively affected by piracy, 
particularly as the range and sophistication of pirate 
operations grow. 
 
-- We are pleased that we have established a strong 
partnership with Tanzania with regard to maritime 
security and note the presence of U.S. forces patrolling and 
protecting the seas off the Horn of Africa.  We are committed 
at the most senior levels of government to combat piracy 
through actions such as our Naval presence and through our 
efforts to address instability in Somalia -- the root cause 
of piracy in the region. 
 
-- A key challenge our Naval patrols face is transfer of 
suspected pirates that they interdict.  It is imperative both 
from the point of view of justice and the core mission of the 
patrols that suspects not be held for long periods while 
transfer options are explored. 
 
-- We believe that the first option for prosecution should be 
the victim states, be it the flag state of the pirated ship, 
the ship owner, or the country or countries with crew on 
board.  We will continue to urge affected states to accept 
suspects for prosecution.  However, when such options are not 
available, a second best solution is to try suspects in the 
region, closer to their home, and where piracy is harmful to 
commercial and maritime security. 
 
-- The United States, the United Kingdom, and the European 
Union have MoUs with the Government of Kenya regarding 
transfer and prosecution of suspects, the UK has a similar 
MOU with the Seychelles, and the EU is in the process of 
finalizing an arrangement with the Seychelles.  However, it 
is important that the prosecution effort be shared more 
broadly. 
 
-- We are very interested in exploring the conclusion of an 
MoU with Tanzania that would set out a framework to 
facilitate the transfer of suspected pirates to Tanzania for 
purposes of prosecution. 
 
--We recognize that the GoT may need to make some legislative 
changes to enable its courts to prosecute cases of piracy 
when there is no nexus with Tanzania.  If the GoT is 
interested, we will encourage international efforts to 
provide Tanzania with technical assistance to review and/or 
draft the necessary legislation. 
 
-- As we have done with respect to Kenya, we will continue to 
impress upon victim states their responsibility to prosecute, 
or, if they are unable to do so, to provide assistance and 
support to the prosecuting state.  In our experience, one key 
area of need is facilitating the presence of 
witnesses at trial and defraying related expenses.  The 
international community is providing support to Kenya for 
this and other aspects of piracy prosecution, and we would be 
pleased to discuss these matters with Tanzania in more detail. 
 
-- We note, as well, that the U.S. forces involved in 
counter-piracy efforts have been well-trained in evidence 
collection.  As we have done with Kenya, it is our 
expectation that any case presented to Tanzania would be 
accompanied by a well-developed package of evidence for your 
prosecutors.  If we are able to conclude an MoU with the GoT, 
we would ensure our forces have an understanding of any 
special requirements your courts need in terms of evidence. 
 
-- Also as with Kenya, we would look forward to discussing 
with you potential constraints on the capacity of the 
Tanzania court or prison systems. 
 
-- As appropriate:  if you are interested, we have a proposed 
text for your review and our legal experts will be available 
for follow-on discussion via video conference within the next 
10 days. 
 
 
¶4.  Please slug responses for: L/LEI Jennifer Landsidle; 
L/OES Kevin Baumert; AF/E: Susan Driano and Justine Treadwell. 
CLINTON