HATFIELD CASE TALKING POINTS FOR THE KYRGYZ

UNCLAS STATE 078275 SIPDIS E.O. 12958: N/A TAGS: PREL MARR KG SUBJECT: HATFIELD CASE TALKING POINTS FOR THE KYRGYZ GOVERNMENT REF: DAS KROL EMAIL 7/27/2009 ¶1. (U) ACTION REQUEST: Department requests that Post deliver the points in paragraphs 2-10 on the Hatfield Case to the government of the Kyrgyz Republic on Tuesday, July 28 and report delivery that same day. To support parallel action here in the United States, it is critical that these points be delivered on July 28. Hatfield Case Talking Points for the Kyrgyz Government -------------- -------------- --- ¶2. (U) The U.S. AIR FORCE (USAF) convening authority decided not to refer criminal charges to a court-martial against Senior Airman (SrA) Zachary Hatfield for the December 2006 shooting of Alexander Ivanov, a Kyrgyz truck driver, at a check point at Manas Air Base [now Manas Transit Center]. [IF ASKED] A charge of unpremeditated murder was preferred against SrA Hatfield on February 20, 2009. A hearing associated with an Article 32 investigation conducted pursuant to the Uniform Code of Military Justice was held between March 31 and April 2, 2009 to investigate the charge. The Article 32 Investigating Officer submitted a report to the Convening Authority that included his recommendation regarding whether or not the charge should be referred to trial by court-martial or whether a different charge or other disposition would be appropriate. After reviewing the report of the Article 32 investigation and considering the advice of his staff judge advocate, the Convening Authority dismissed the charge against SrA Hatfield. ¶3. (U) The decision not to refer criminal charges to a court-martial was made by an independent USAF court-martial convening authority who, based on his own professional and impartial judgment of the facts of the case and the evidence that was available, determined that a criminal trial would not be appropriate. As a judicial matter, this case is now closed. [IF ASKED] Under the Uniform Code of Military Justice, a convening authority generally does not explain his or her rationale for a referral decision, so as to preserve the impartiality and independence of the military justice system. I do not know the rationale for the convening authority's decision. He is under no obligation to explain his decision, he has not done so in this case, and I do not anticipate he will do so. [IF ASKED] The convening authority in this case was the U.S. AIR Mobility Command commander, General Arthur Lichte. The fact that the USAF chose a highly experienced and mature commander and a four-star general officer to decide on the disposition of this case demonstrates the seriousness and importance the USAF attaches to it. [IF ASKED] General Lichte was chosen specifically because he was not involved in previous investigations into this case and is not in SrA Hatfield's chain of command. ¶4. (U) The judicial process in this case was admittedly lengthy, but it was thorough and impartial from start to finish. The amount of time and resources dedicated to the case should demonstrate the seriousness the U.S. Government and the USAF attach to it. The USAF investigation lasted more than 13 months, involving more than 80 agents from the USAF Office of Special Investigations who interviewed more than 160 witnesses. [ONLY IF PRESSED FURTHER] I will look into whether we can release any more details of the investigation. We have strived to be as transparent as possible, but we are constrained by laws that protect the privacy of individuals who are involved as subjects of and witnesses to alleged crimes. ¶5. (U) The U.S. deeply regrets this tragedy and takes any loss of life seriously. The U.S military operates around the world and is very sensitive to the needs of the local people. We have the highest respect for the Kyrgyz people and have made every effort possible under U.S. law to be transparent and responsive to local sensitivities. ¶6. (U) The Secretary of Defense has approved an additional $250,000 ex gratia payment to Mrs. Ivanova in sympathy for her loss. Immediately after the shooting, the USAF made a $1,000 interim payment to Mrs. Ivanova in sympathy and to defray funeral expenses. In 2007, the Department of Defense made a $55,000 ex gratia payment. ¶7. (U) SrA Hatfield's commander has taken significant administrative actions against him that will have long-lasting effects and negatively affect his career. [IF PRESSED] The specific nature of these administrative actions is information protected from release by the Privacy Act. The U.S. Government may not release such information without his consent. ¶8. (U) We should make every effort to ensure that this decision does not set U.S.-Kyrgyz relations back, as we begin a new and, I expect, positive chapter in our relationship. ¶9. (U) Going forward, I trust that we will both be committed to ensuring that no similar tragedy occurs in the future. Kyrgyz interpreters are now posted at all gates to facilitate interaction with local nationals; the main airfield gate is now jointly staffed with U.S. and Manas International Airport security personnel, providing joint control over access to the flight line; the USAF has trained and equipped its security personnel with non-lethal security equipment; and vehicle inspection requirements have been reduced by constructing a facility outside the boundaries of the Transit Center for trucks to off-load fuel. ¶10. (U) The U.S. will not make public statements on this case. The AIR FORCE will inform SrA Hatfield soon about the disposition of the case. There is no way to prevent SrA Hatfield from speaking publicly about it, but we have no reason to believe that he will. Eventually, the AIR Force may need to respond to queries on the case. End talking points. CLINTON