WAIVER OF IMMUNITY FOR DIPLOMAT AT THE GEORGIAN

UNCLAS STATE 052945 SIPDIS E.O. 12958: N/A TAGS: OFDP UN SUBJECT: WAIVER OF IMMUNITY FOR DIPLOMAT AT THE GEORGIAN MISSION TO THE UN ¶1. This is an action message for USUN. See para 3. ¶2. According to a report from the New York City Police Department, Alexander Chelidze, a Counselor at the Georgian Mission to the United Nations assaulted his wife, Nana Tsuladze at their home on Greenpoint Avenue in Queens, New York on May 12. Mr. Chelidze allegedly choked his wife and caused lacerations to her face as well as a black and blue bruise over her left eye. Ms. Tsuladze was taken to Elmhurst General Hospital for treatment of her injuries. Mr. Chelidze, who was detained at the 108th precinct was subsequently released upon verification of his diplomatic status. The Queens County District Attorney's office has said that but for diplomatic immunity they would charge Alexander Chelidze with assault in the third degree, a misdemeanor. The United States Mission should request a waiver of immunity from the Government of Georgia so that these charges can be adjudicated pursuant to the laws of New York State. If the waiver is not granted, given the serious nature of the offense, the Department would require the alleged offender and his family to leave the United States. ¶3. Suggested text. The United States Mission to the United Nations presents its compliments to the Permanent Mission of Georgia to the United Nations and informs the latter of its concern over allegations of the commission of a criminal act by Alexander Chelidze, a Counselor at the Mission. New York City authorities have informed the United States Mission that on May 12, 2009, Alexander Chelidze allegedly assaulted his wife Nana Tsuladze, choking her and causing a black and blue bruise over her left eye. Ms. Tsuladze was taken to Elmhurst General Hospital for treatment of her injuries. The United States Mission has been informed by local New York authorities that but for diplomatic immunity, Alexander Chelidze would be charged and prosecuted for assault in the third degree, a misdemeanor. It is the policy of the Department of State to request from the sending state a waiver of immunity when, but for immunity, a diplomat would be prosecuted for any crime involving physical violence. The Department of State therefore requests that the Government of Georgia waive the immunity from criminal jurisdiction of Alexander Chelidze so that the charges against him may be adjudicated in accordance with the laws of the State of New York. Given the serious nature of these charges, if the Republic of Georgia refuses to waive the immunity of Mr. Chelidze, the Department of State would require him and his dependent family members to depart the United States. In accordance with the Department's policy, his name would be placed in the Visa and Immigration lookout system to prevent routine issuance of a visa in the future. If Mr. Chelidze were to return to the United States, he may be subject to arrest and prosecution for the charge of assault in the third degree. The Permanent Mission of Georgia is requested to inform the United States Mission within 5 days of its decision with respect to its Government's decision on this request for a waiver. Complimentary close. ¶4. Tbilisi should inform the host country as a courtesy of this action. CLINTON