VZCZCXRO0347
OO RUEHDT RUEHPB
DE RUEHJA #1732/01 2880614
ZNR UUUUU ZZH
O 150614Z OCT 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3586
INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE PRIORITY
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 2725
RUEKJCS/SECDEF WASHDC PRIORITY
RHHJJPI/PACOM IDHS HONOLULU HI PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 JAKARTA 001732 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP, CA/FO, 
CA/VO/L/C BEER 
NSC FOR J. BADER, D. WALTON 
DHS/ICE/VSU 
NEW DELHI PLEASE PASS TO U/S BURNS 
 
E.O. 12958: N/A 
TAGS: PREL CVIS KISL ID
SUBJECT: DECISION AND GUIDANCE REQUEST ON VISA CASE OF 
PRESIDENTIAL ADVISOR 
 
REF: JKT 01571 
 
This message is sensitive but unclassified.  Please handle 
accordingly. 
 
¶1.  (U) The following is an action request.  Please see 
paragraph 7. 
 
¶2.  (SBU) SUMMARY:  In reftel, Post sought Department's 
urgent assistance in adjudicating the visa case of Director 
General of the Ministry of Defense, Sjafrie Sjamsoeddin so 
that he might travel with President Yudhoyono to the G-20. 
Although that meeting has passed, GOI officials at the 
highest levels remain keenly interested in resolving this 
case.  To that end, the GOI has provided information which 
addresses allegations made against Sjamsoeddin.  Post 
requests that CA and other relevant USG departments review 
the following information, inform Post of Sjamsoeddin's visa 
eligibility, and if needed, recourse that may be open to him. 
 Given the high level of GOI interest in this case, Mission 
appreciates Department's response at the earliest possible 
date. END SUMMARY. 
 
 
BACKGROUND 
 
¶3.  (SBU) As reported reftel, Sjafrie Sjamsoeddin applied for 
a diplomatic (A) visa on September 9, 2009 in order to travel 
with President Yudhoyono to the September G-20 meeting in 
Pittsburgh.  His application triggered a DOS exact 00 
namecheck hit.  This 00 hit was added in Washington on 
September 21, 2006 and refers to a possible ineligibility 
under INA 212(a)(3)(B) - terror activities - or 212(a)(3)(E) 
- extrajudicial killings.  Post understands that (3)(B) 
ineligibilities may be waived by DHS but not a (3)(E) 
ineligibility. 
 
ALLEGATION THAT MAY PERTAIN TO 3(B) INELIGIBILITY 
 
¶4.  (SBU) Sources within the USG that are unknown to Post 
have alleged that Sjamsoeddin was involved with violent 
Muslim extremist groups in South Sulawesi in 2000.  A search 
of all sources of information available at Post have not 
found any links between Sjamsoeddin and such groups. 
 
ALLEGATIONS THAT MAY PERTAIN TO 3(E) INELIGIBILITY 
 
¶5.  (SBU)  The Department's decision to review Sjamsoeddin's 
visa application may be based, in part, on alleged gross 
violations of human rights/extra-judicial killings in East 
Timor.  Following are allegations which have been made 
against him followed by Sjamsoeddin's own explanation of his 
involvement/or lack of involvement in these incidents.  The 
explanations below are taken from a note from Sjamsoeddin to 
the Embassy, delivered on October 13. 
 
Allegation: 12 November 1991 - There are media and NGO 
reports which accuse Sjamsoeddin of directing the Santa Cruz 
massacre while serving as Special Forces Commander of an 
intelligence task force in East Timor. 
 
Explanation: "Sjamsoeddin's above mentioned unit in East 
Timor was replaced on 9 November 1991.  Sjamsoeddin states 
that at the time of he was alleged to have been involved in 
the massacre he was in fact involved in rescuing Australian 
and American journalists from Timorese TNI officials who were 
angered that the journalists had accused them of being 
involved in clandestine activities." 
 
Allegation: May 1998 - There are media and NGO reports that 
accuse Sjamsoeddin of having allowed the violations of human 
rights to occur during the May 1998 riots, including the 
fatal shooting of four Trisakti University students,  At that 
time he was Jakarta Military Commander and therefore some 
argue that he must assume "command responsibility" for what 
happened. 
 
Explanation: "The police lost control of the situation and 
 
JAKARTA 00001732  002 OF 002 
 
 
the military was called in to secure strategic areas. 
Sjamsoeddin acted in accordance with GOI law.  At the request 
of the Indonesian Human Rights Commission, the GOI conducted 
a special investigation into the incident.  The investigators 
issued a report which states that based on its investigation, 
MG Sjamsoeddin, acting in the position of Operation Command 
Commander, responded in line with the military plan of 
operations.  The National Committee of Human Rights absolved 
Sjamsoeddin of any wrong doing." 
 
Allegation: September 1999 - There are media, NGO, and 
eyewitness reports which place Sjamsoeddin in Dili when 
Indonesian soldiers allegedly fired on refugees.  Assistant 
to Bishop Belo, Francisco Kalbuadi maintains that Sjamsoeddin 
was responsible for the disappearance of civilians in the 
conflict area.  At the request of the prosecutor general of 
the United Nations Transitional Administration in East Timor 
(UNTAET), James Dunn, former Australian consul in East Timor, 
investigated allegations of gross violations of human rights 
committed by Indonesian security forces and militia groups. 
Dunn reported that further investigations would show that 
Sjamsoeddin was one of the key military officers responsible 
for the development of the Indonesian military strategy that 
led to alleged gross violations of human rights in East Timor. 
 
Explanation: "In 2000 Sjamsoeddin explained to the Indonesian 
Investigative Commission into Human Rights Violations in East 
Timor/National Commission on Human Rights in East Timor what 
happened on 5 September 1999 when ten civilians were killed 
at the residence of Bishop Belo and was absolved of any 
wrongdoing." 
 
 
THE NEXT STEPS 
 
¶6.  (SBU) Post recognizes that the Department and DHS will 
make a decision regarding these allegations against 
Sjamsoeddin in accordance with U.S. laws and regulations.  We 
note that as a key advisor to the Indonesian president and 
possible cabinet appointee, Sjamsoeddin's travel to the 
United States would facilitate and strengthen U.S. - 
Indonesian ties.  Sjamsoeddin provides guidance and counsel 
to President Yudhoyono on a number of issues of importance to 
the U.S., such as mil-to-mil ties, which are a cornerstone of 
our efforts to ensure regional stability.  Moreover, the USG 
has been working with the GOI to reform its military, and 
Sjamsoeddin is a key decision maker in this process. 
Sjamsoeddin's continued inability to travel to the U.S. will 
become an irritant in U.S.-Indonesian relations. 
 
¶7.  (U) We request that the Department review this 
information, make a determination of Sjamsoeddin's visa 
eligibility and advise us, if he is found ineligible, what 
recourse is open to Sjamsoeddin. 
 
 
OSIUS