TWO U.S. AIRMEN FROM NATO MISSION DETAINED

C O N F I D E N T I A L SECTION 01 OF 02 VILNIUS 001278

SIPDIS

STATE FOR EUR/NB

E.O. 12958: DECL: 12/04/2015
TAGS: PREL PGOV MARR MOPS LH
SUBJECT: TWO U.S. AIRMEN FROM NATO MISSION DETAINED
FOLLOWING BRAWL AT LITHUANIAN CLUB


Classified By: Vice Consul Christian Yarnell for Reasons 1.4 (b) and (d
)


1. (C) SUMMARY: Lithuanian police detained two U.S.
servicemen following a dispute at a local Vilnius club on
November 26. A Lithuanian and Somali citizen claim they were
assaulted by the American parties, who deny the allegations
and claim mistreatment themselves. The Lithuanian
authorities are conducting an investigation of the incident.
We have requested a waiver of jurisdiction for the Americans,
and GOL reps will approach prosecutors to determine if the
case can be transferred to U.S. military authorities. We
will continue to coordinate closely with the GOL on this case
and are confident that we will reach an appropriate
resolution. END SUMMARY.

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Airmen Detained After Fight at Local Club
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2. (SBU) Vilnius city police detained two U.S. Air Force
servicemen, currently serving as part of NATO's Baltic Air
Policing mission in Lithuania, during predawn hours on
November 26 following a dispute at a local striptease club.
The airmen had allegedly gotten into a brawl with another
club patron, a Somali citizen, and the club's security
personnel also became embroiled in the incident. The Somali
claimed that the Americans had assaulted him and attempted to
use a knife during the struggle. The Americans emerged from
the incident badly battered but without serious injury.
Video surveillance obtained by the Embassy showed private
security personnel using excessive force against the
servicemen outside of the club. The airmen, both African
American, claimed wrongdoing by the security personnel, and
also complained that the Lithuanian police officers initially
handling the case used racial epithets against them.

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Investigation Still Underway
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3. (SBU) Lithuanian law enforcement is conducting an
investigation, as are U.S. military personnel. The airmen's
claims about the incident differ dramatically from those of
the Lithuanian security guards and the Somali citizen, and
there does not appear to be any evidence to decisively verify
a particular version of the story. The Somali and one member
of the club's security team have filed charges against the
Americans for injuring them. The servicemen have denied
these charges, and are considering filing a complaint against
the Lithuanian police for racial discrimination. The Vilnius
prosecutor's office is questioning all parties involved as
part of the investigation. The airmen could face charges of
"hooliganism," which under Lithuanian law carries a maximum
penalty of two years imprisonment but usually results only in
a fine.

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Embassy Requests Waiver of Jurisdiction
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4. (C) Ambassador Mull, along with Lt Col James Bitzes, Staff
Judge Advocate from 52nd Fighter Wing, met with Lithuanian
MFA and MOD reps on December 2 to discuss the situation.
Ambassador Mull reviewed the case and noted that the USG
wishes to avoid a criminal trial, which could damage
U.S.-Lithuanian relations. He informed the Lithuanian
officials that the Embassy would send an official request via
diplomatic note that the GOL waive jurisdiction in this case
and allow the U.S. military to handle the investigation and
potential prosecution. (We delivered the note to the Foreign
Ministry on December 5.) The Ambassador noted that the USG
possesses this right pursuant to Article VII of the
U.S.-Lithuania Status of Forces Agreement (SOFA) and assured
that U.S. military structures would ensure proper justice in
the case.


5. (C) Jonas Paslauskas, Director of the MFA Americas
Department, expressed concern regarding the political
ramifications of the incident. (NOTE: Lithuanian media began
reporting on the incident as early as November 28.)
Paslauskas noted that the GOL would want to proceed with
caution and try to avoid stirring any anti-American
sentiments as a result. Dr. Dainius Zalimas, Legal Advisor
to the Minister of Defense, said that the Defense Minister
himself would contact the Prosecutor General, as the
prosecutor's office would have final authority with regards
to our request for a waiver of jurisdiction. Zalimas also
cautioned that, given the complexity of the case, the
prosecutor's decision would likely not come quickly.

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Comment: Working Towards Resolution
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6. (C) This incident is an unfortunate distraction from the
overwhelmingly positive experience of U.S. military
participation in NATO's Baltic Air Policing mission. U.S.
military officials have taken steps to ensure that a similar
incident does not reoccur, and we do not believe this one
event will have any serious ramifications for the air
policing mission. We are confident that the GOL will be
sympathetic to our request for a waiver of jurisdiction, and
we will continue to work intensively with it to resolve the
case quietly.
MULL