UNCLAS USUN NEW YORK 000535

SIPDIS

DEPT FOR IO/UNP, EUR/CACEN, L/DL

E.O. 12958: N/A
TAGS: OFDP PREL GG UN CHELIDZE ALEXANDER
SUBJECT: REQUEST FOR WAIVER OF IMMUNITY

REF: STATE 052945


1. USUN Host Country MinCouns called in Georgian Mission
Deputy PermRep Irakli Chikovani March 26 to hand over note
verbale requesting that the Government of Georgia waive the
immunity from criminal jurisdiction enjoyed by Georgian
Mission Counselor Alexander Chelizde so that he could face
charges of misdemeanor assault brought by the Queens County
(NY) District Attorney's office as a result of domestic
violence that occurred at the Chelizde residence on May 12.
USUN has asked that the Permanent Mission of Georgia reply to
the request no later than June 1, 2009.


2. Chikovani noted that although his Government was likely
to recall Chelidze in any event, Chelidze's wife, Nana
Tsuladze, planned to approach the prosecutor to make clear
that she would like any charges against her husband dropped.
USUN MinCouns observed that New York State law does not
require that a victim press charges in a domestic violence
case; a police response and any medical reports are
sufficient evidence to proceed with charges. If, however,
the Queens District Attorney decides not to proceed with a
prosecution, the DA's office should inform USUN of any such
decision so that new instructions on the matter can be sought
from the Department.
RICE