GERMAN MISSION RESPONSE TO REQUEST FOR WAIVER OF DIPLOMATIC IMMUNITY

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