WAIVER OF IMMUNITY REQUESTED RE TANZANIA MISSION

UNCLAS USUN NEW YORK 000950 SIPDIS SIPDIS SENSITIVE IO/UNP FOR S. EDMONDSON, L/DL FOR GRESSER, TEEL E.O. 12958: N/A TAGS: OFDP UN PREL TZ SUBJECT: WAIVER OF IMMUNITY REQUESTED RE TANZANIA MISSION DIPLOMAT'S DEPENDENTS ¶1. (SBU) Summary and Action Request: NYC asks that USUN request the TanzaniaMUN (GOTanzania) to waive the immunity of Adolf Katanda, age 19, and Julius Ktanda, age 16, two sons of TanzaniaMUN Minister Counselor Isaack Katanda so that NYC can prosecute Adolf for a Class A misdemeanor (posssession of burglary tools) and Julius for two felony counts (robbery and grand larceny). The DA wants to issue an arrest warrant for Adolf and an indictment on the felony counts for Julius. NYC expects that Tanzania will not waive immunity, and that the U.S. will want to ask the TanzaniaMUN to send the sons home because they have abused their residence. NYC may indict Julius even if he is sent home so that he cannot return to the U.S. unless he faces the charges. USUN requests Department's expeditious guidance regarding NYC's request for a waiver of immunity regarding these two individuals. End Summary and Action Request. ¶2. (SBU) On October 1, 2007,both Adolf and Julius were caught by NYPD checking doors and locks of parked cars in their neighborhood,with the elder Adolf possessing a screwdriver and giving false information to police regarding his name and address. Adolf was arrested for possession of burglary tools. He refused the offer to make a phone call, and at no time identified himself as the son of a diplomat or stated any claim to diplomatic immunity. Police let Julius go as he was not in possession of any burglary tools (although a second screwdriver was found at the scene). Adolf spent the night at Central Booking and was released the next morning when his mother, presumably informed of the arrest by Julius, informed the police that Adolf had diplomatic immunity. NYPD proceeded to void Adolf's arrest on the basis of his having diplomatic immunity. ¶3. (SBU) On October 3, 16-year old Julius was caught soon after grabbing a woman from behind, struggling with her and stealing her purse. There wer no injuries to the 29-year old victim or her mother who was accompanying her. Witnesses to the incident identified the attacker as Julius Katanda and NYPD traced him to his home. USUN Host Country Counselor and the New York City Commission for the UN, Consular Corps and Protocol (NYCC) Deputy Commissioner met with the boys' father, TanzMUN Minister Counselor Isaack Katanda, together with TanzaniaMUN Permrep/Ambassador Mahiga and TanzaniaMUN Second Secretary (legal adviser) Mwaipopo to discuss and consider legal and administrative options. ¶4. (SBU) NYCC Deputy Commissioner noted that the Probation Department could not take the case in the absence of being ordered to do so by a court because the children were both over 15-years old. He then noted that the incidents were serious enough to warrant prosecution and both children would be tried as adults. However, if the Tanzanian government were to waive immunity regarding the two children, the district attorney might be amenable to a plea bargain whereby administrative remedies rather than jail time would be applied and the family would have to agree to administrative remedies such as court-ordered probation, evaluation, monitoring, counseling, community service, etc. The TanzaniaMUN was informed that there is a risk that even with the DA agreeing to a plea bargain arrangement, a judge would also need to approve it, and although it was hoped that a judge would so approve, there was no guarantee in advance that s/he would do so. At that time USUN urged the TanzaniaMUN Permrep and legal affairs adviser (Second Secretary) to consult asap with Dar es Salaam capital SIPDIS regarding the issue of whether the GOTanzania would waive immunity because, whether administrative remedies or legal ones were applied, a court proceeding would be necessary. ¶5. (SBU) The DA has further reviewed the case and NYC today asked USUN to request Tanzania MUN to waive the immunity of both Adolf and Julius Katanda so they can be prosecuted. Although neither Julius nor Adolf has a prior criminal record, considering the seriousness of the offenses and the DA's review of the case, the DA wants to issue an arrest warrant regarding Adolf's committing a Class A Misdemeanor (possession of burglary tools) and a two felony count (robbery and grand larceny) indictment regarding Julius's grabbing a woman from behind, struggling with her and stealing her purse. NYC expects that Tanzania will refuse to waive immunity and believes that Julius and Adolf should be sent home. If the TanzaniaMUN/GOT does not have the two sent home, NYC expect that USUN would ask them to leave because they have abused their residence. Even if Julius goes home, NYC may still indict him so that Julius would have to face charges if he returns to the U.S. ¶6. USUN seeks Department's expeditious guidance. Khalilzad