REQUEST FOR WAIVER OF IMMUNITY

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