Cablegate: Decision and Guidance Request On Visa Case Of

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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
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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

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