BULGARIAN MISSION DEMANDS CRIMINAL CHARGES AGAINST

UNCLAS USUN NEW YORK 000382 SIPDIS SIPDIS DEPT FOR IO/UNP AND L/DL E.O. 12958: N/A TAGS: OFDP PREL BU UN SUBJECT: BULGARIAN MISSION DEMANDS CRIMINAL CHARGES AGAINST MISSION CHEF BE WITHDRAWN ¶1. This message in unclassified but sensitive - please protect accordingly. ¶2. This is an action message for the Department - please see paragraph 3. ¶3. USUN has received a diplomatic note from the Bulgarian Mission regarding an incident during which Tsvetan Vasilev, the Mission's Chef, was accused of "forcible touching" of a female in the afternoon of April 21. Vasilev was arrested and ordered to appear in court on May 19 to answer the charges. The Bulgarians demand that the arrest be declared void in that Vasilev "has immunity as per Article 27 of the Vienna Convention on Diplomatic Relations" and "was in the course of performing his official duties" when "the supposed incident" occurred. USUN requests guidance for a formal reply to the Bulgarian note, text of which follows in paragraph 4. ¶4. Begin text of Bulgarian note #1778 dated April 24, 2008: The Permanent Mission of the Republic of Bulgaria to the United Nations presents its compliments to the Host Country Affairs Section, United States Mission to the United Nations and would like to inform of an incident with a member of staff of the Mission of Bulgaria as follows: On April 21, 2008, at 13:17 hrs. Mr. Tsvetan Vasilev, Member of Staff of the Permanent Mission of Bulgaria to the UN, having the responsibilities of Chef with the Mission, was arrested at a Starbucks coffee shop, located at First Avenue and 85th Street, New York City. At the time of his arrest Mr. Vasilev was in the course of performing official duties - namely he was sent to buy coffee and ingredients for the preparation of a dessert for an official function later that same day. Mr. Vasilev has just a basic knowledge of English and did not understand what the reason for the arrest or the charges against him were. However, he cooperated with the police and did not resist or hamper the police officers in any way. The officers at the 19th Police Precinct telephoned the Bulgarian Mission and when diplomats from the Mission as well as the Consul arrived they were informed that the charge against Mr. Vasilev was "forcible touching" of an unknown female, which incident supposedly happened in the street when Mr. Vasilev walked past the said unnamed female on his way to the Starbucks coffee shop. The diplomats were told that as Mr. Vasilev did not understand English they had not heard his explanation of the incident, nor did they request such, although the Mission could have provided an interpreter if so requested. Mr. Vasilev was released in a few hours, after having his fingerprints taken and after signing a Police Desk Appearance Ticket, according to which he "is summoned to appear at a Criminal Court to answer a criminal charge made against him" on May 19th, 2008. Mr. Vasilev expressed his surprise at his arrest to the Bulgarian consul and has denied any "forcible touching" or sexual abuse of any kind on his part. He only remembers bumping into a woman and her friend in a tight space on a sidewalk temporarily closed due to construction work, for which he apologized and walked on. In view of all the above circumstances, Permanent Mission of the Republic of Bulgaria to the United Nations expresses its position that Mr. Vasilev was wrongfully arrested and summoned to appear before a criminal court, as at the time of the supposed incident he was in the course of performing his official duties. Mr. Vasilev, as a Member of Staff of the Bulgarian Mission, has immunity as per Article 37 of the Vienna Convention on Diplomatic Relations. Accordingly, the Permanent Mission of the Republic of Bulgaria to the United Nations demands that his arrest be declared void as well as all consequences stemming from it, including the summons to appear before a Criminal Court in New York. The Permanent Mission of the Republic of Bulgaria to the United Nations avails itself of this opportunity to renew to the Host Country Affairs Section, United States Mission to the United Nations the assurances of its highest consideration. End Text. Khalilzad