Identifier
Created
Classification
Origin
09STATE52945
2009-05-22 19:12:00
UNCLASSIFIED
Secretary of State
Cable title:  

WAIVER OF IMMUNITY FOR DIPLOMAT AT THE GEORGIAN

Tags:  OFDP UN 
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VZCZCXYZ0007
OO RUEHWEB

DE RUEHC #2945 1421925
ZNR UUUUU ZZH
O 221912Z MAY 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 6214
INFO RUEHSI/AMEMBASSY TBILISI IMMEDIATE 0548
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

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