REQUEST FOR GUIDANCE IN RESPONDING TO DIPLOMATIC

UNCLAS LIMA 004599

SIPDIS

SENSITIVE

DEPT FOR L/DL AND WHA/AND - JMONSERRATE

E.O. 12958: N/A
TAGS: PREL KJUS PE
SUBJECT: REQUEST FOR GUIDANCE IN RESPONDING TO DIPLOMATIC
NOTE

REF: URS/MARGULIES E-MAIL 10/21

Sensitive But Unclassified, Please Handle Accordingly


1. (U) This is an action request. Post requests guidance on
how to respond to the Foreign Ministry's Diplomatic Note
(DGL/CJE) 6-3/367 of October 13, 2005 regarding a request
from the Superior Court of Justice of Lima (Corte Superior de
Justicia de Lima) to the Peruvian Foreign Ministry concerning
the Court's interest in receiving information on the
whereabouts of former officials of Embassy Lima (Ambassador
John Hamilton and Krishna Urs),for the apparent purpose of
calling them as witnesses in a criminal trial. A copy of the
Diplomatic Note and attachments is being forwarded to WHA/AND
for coordination with L/DL.


2. (U) Begin unofficial translation of Diplomatic Note:

(Complimentary opening)

... and has the honor of referring to Memorandum No.
5323-2005-P-CSJLI/PJ of October 5, 2005, written by the
President of the Superior Court of Justice of Lima, a copy of
which is attached.

In this regard, with respect to the referenced memorandum,
the Embassy is requested to provide information on the
address of former Ambassador of the United States in Peru
John Hamilton, as well as former Economic Counselor Krishna
Urs, who were offered as witnesses in the criminal
proceedings being brought against Pedro Huertas Caballero for
the crime of influence peddling involving public officials,
to the detriment of the Peruvian State.

(Complimentary closing)

Lima, October 13, 2005

End Text.


3. (SBU) Per Ref and based on documentation provided by the
court, Post understands that this litigation is related to a
civil suit brought by Chrysler Corporation against the
Peruvian company Automotriz Beta. Chrysler's suit was based
on not having been fully paid for assets that it sold to
Automotriz Beta after Chrysler liquidated its holdings in
Peru in the 1980s. Chrysler believed that it was unable to
win compensation in the suit it brought against Automotriz
Beta because of corruption in the Peruvian courts, and in the
late 1990s, Embassy officials became involved in advocacy on
behalf of Chrysler with officials in Peru's executive and
judicial branches. In the transcript of court proceedings
forwarded along with the instant Diplomatic Note, several
witnesses make reference to the interventions made by former
Ambassador Hamilton and former Economic Counselor Urs.
STRUBLE