Identifier
Created
Classification
Origin
07USUNNEWYORK1089
2007-11-29 19:05:00
UNCLASSIFIED
USUN New York
Cable title:  

GERMAN MISSION RESPONSE TO REQUEST FOR WAIVER OF DIPLOMATIC IMMUNITY

Tags:  GM OFDP UN THOMAS THOMMA 
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VZCZCXYZ0020
PP RUEHWEB

DE RUCNDT #1089 3331905
ZNY EEEEE ZZH
P 291905Z NOV 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 3215
INFO RUEHRL/AMEMBASSY BERLIN 0889
UNCLAS USUN NEW YORK 001089 

SIPDIS

SIPDIS

DEPT FOR IO/UNP
BERLIN FOR CONSULAR SECTION

E.O. 12958: N/A
TAGS: GM OFDP UN THOMMA THOMAS
SUBJECT: GERMAN MISSION RESPONSE TO REQUEST FOR WAIVER OF
DIPLOMATIC IMMUNITY

REF: STATE 158447
UNCLAS USUN NEW YORK 001089

SIPDIS

SIPDIS

DEPT FOR IO/UNP
BERLIN FOR CONSULAR SECTION

E.O. 12958: N/A
TAGS: GM OFDP UN THOMMA THOMAS
SUBJECT: GERMAN MISSION RESPONSE TO REQUEST FOR WAIVER OF
DIPLOMATIC IMMUNITY

REF: STATE 158447

1.(U) This message in sensitive but unclassified - please
protect accordingly.

2.(SBU) Summary: As instructed reftel, USUN called in the German
Mission on November 20 and handed over diplomatic note
HC-116-07 containing a request for a waiver of the criminal
immunity of Mission Counselor Thomas Thomma. The German
Mission responded with note no. 775/2007 (text follows in
paragraph 3 below) expressing its own concern over the
allegations and promising cooperation, but also indicating
that (1) Thomma disputes the allegations; (2) the alleged
victim has returned to Germany and requests that charges as a
result of her complaint be dropped; and (3) Thomma has hired
local counsel who, under the circumstances, intends to
contact prosecutors in an attempt to convince them to drop
any charges. USUN suggests that the Department may wish to
consider allowing the German Mission/Thomma additional time
to try to resolve the issue before requiring a specific reply
to the waiver request. The German note indicates that the
alleged victim has made a statement to Amembassy Berlin; any
information Berlin may be able to provide would be
appreciated.

3.(SBU)BEGIN TEXT: (Complimentary salutation)...and responds to
the diplomatic note of the latter, dated November 20, 2007
and referring to allegations of third degree assault against
Thomas Thomma, Counselor at the German Mission.
- The Permanent Mission of Germany to the United Nations
shares the concern of the United States Mission to the United
Nations expressed in its diplomatic note of November 20, 2007.
- The German Mission intends to fully investigate the
allegations that form the basis of the complaint by the New
York authorities and has received assurance of Counselor
Thomma to fully cooperate in such investigation. At this
time, however, the German Mission is not convinced that the
allegations will prove to be true, since Counselor Thomma has
disputed the allegations. He explained that his domestic
partner, a German national, left his apartment after an
emotionally charged argument with him but that the incident
did not involve the physical violence described in the
diplomatic note. Consistent with that testimony, the alleged
victim, the domestic partner of Counselor Thomma, a German
national, has, after her return to Berlin, appeared before
the US Consular Officer, Deborah A. Howard, in Berlin and
signed a statement requesting that "all charges or
investigations being made against Thomas Thomma"..."be
dropped immediately." Besides the diplomatic note of the
United States Mission, the oral testimony of Counselor Thomma
and the alleged victim,s statement before the US Consular at
the US Consulate General in Berlin the German Mission is not
aware of any other evidence relating to the alleged incident.
- Counselor Thomma has retained New York legal counsel,
Reinhard Humburg, Esq., 200 Claremont Ave, Suite 52, New
York, N.Y. 10027, Tel.: (212) 222-0110. The legal counsel
intends to convince the local authorities to drop any charges
against Counselor Thomma.
- Before making any decision in this case the German Mission
believes it to be prudent to first await the outcome of the
talks between the New York authorities and the legal counsel
of Counselor Thomma. If such communications do not lead to
the New York authorities dropping the charges, the German
Mission will take this case under further consideration. The
German Mission assures the United States Mission that it will
keep the United States Mission appraised, in due course, of
its findings and final decision in this case.
- (Complimentary close)... END TEXT.
Khalilzad