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Cablegate: Waiver of Immunity Requested Re Tanzania Mission

VZCZCXYZ0001
OO RUEHWEB

DE RUCNDT #0950 3052311
ZNY EEEEE ZZH
O 012311Z NOV 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2954
INFO RUEHDR/AMEMBASSY DAR ES SALAAM IMMEDIATE 0270

UNCLAS USUN NEW YORK 000950

SIPDIS

SIPDIS
SENSITIVE

IO/UNP FOR S. EDMONDSON, L/DL FOR GRESSER, TEEL

E.O. 12958: N/A
TAGS: OFDP UN PREL TZ
SUBJECT: WAIVER OF IMMUNITY REQUESTED RE TANZANIA MISSION
DIPLOMAT'S DEPENDENTS

1. (SBU) Summary and Action Request: NYC asks that USUN
request the TanzaniaMUN (GOTanzania) to waive the immunity
of Adolf Katanda, age 19, and Julius Ktanda, age 16, two sons
of TanzaniaMUN Minister Counselor Isaack Katanda so that NYC
can prosecute Adolf for a Class A misdemeanor (posssession of
burglary tools) and Julius for two felony counts (robbery and
grand larceny). The DA wants to issue an arrest warrant for
Adolf and an indictment on the felony counts for Julius. NYC
expects that Tanzania will not waive immunity, and that the
U.S. will want to ask the TanzaniaMUN to send the sons home
because they have abused their residence. NYC may indict
Julius even if he is sent home so that he cannot return to
the U.S. unless he faces the charges. USUN requests
Department's expeditious guidance regarding NYC's request for
a waiver of immunity regarding these two individuals. End
Summary and Action Request.

2. (SBU) On October 1, 2007,both Adolf and Julius were
caught by NYPD checking doors and locks of parked cars in
their neighborhood,with the elder Adolf possessing a
screwdriver and giving false information to police regarding
his name and address. Adolf was arrested for possession of
burglary tools. He refused the offer to make a phone call,
and at no time identified himself as the son of a diplomat or
stated any claim to diplomatic immunity. Police let Julius
go as he was not in possession of any burglary tools
(although a second screwdriver was found at the scene). Adolf
spent the night at Central Booking and was released the next
morning when his mother, presumably informed of the arrest by
Julius, informed the police that Adolf had diplomatic
immunity. NYPD proceeded to void Adolf's arrest on the basis
of his having diplomatic immunity.

3. (SBU) On October 3, 16-year old Julius was caught soon
after grabbing a woman from behind, struggling with her and
stealing her purse. There wer no injuries to the 29-year old
victim or her mother who was accompanying her. Witnesses to
the incident identified the attacker as Julius Katanda and
NYPD traced him to his home. USUN Host Country Counselor and
the New York City Commission for the UN, Consular Corps and
Protocol (NYCC) Deputy Commissioner met with the boys'
father, TanzMUN Minister Counselor Isaack Katanda, together
with TanzaniaMUN Permrep/Ambassador Mahiga and TanzaniaMUN
Second Secretary (legal adviser) Mwaipopo to discuss and
consider legal and administrative options.

4. (SBU) NYCC Deputy Commissioner noted that the Probation
Department could not take the case in the absence of being
ordered to do so by a court because the children were both
over 15-years old. He then noted that the incidents were
serious enough to warrant prosecution and both children would
be tried as adults. However, if the Tanzanian government
were to waive immunity regarding the two children, the
district attorney might be amenable to a plea bargain whereby
administrative remedies rather than jail time would be
applied and the family would have to agree to administrative
remedies such as court-ordered probation, evaluation,
monitoring, counseling, community service, etc. The
TanzaniaMUN was informed that there is a risk that even with
the DA agreeing to a plea bargain arrangement, a judge would
also need to approve it, and although it was hoped that a
judge would so approve, there was no guarantee in advance
that s/he would do so. At that time USUN urged the
TanzaniaMUN Permrep and legal affairs adviser (Second
Secretary) to consult asap with Dar es Salaam capital

SIPDIS
regarding the issue of whether the GOTanzania would waive
immunity because, whether administrative remedies or legal
ones were applied, a court proceeding would be necessary.

5. (SBU) The DA has further reviewed the case and NYC today
asked USUN to request Tanzania MUN to waive the immunity of
both Adolf and Julius Katanda so they can be prosecuted.
Although neither Julius nor Adolf has a prior criminal
record, considering the seriousness of the offenses and the
DA's review of the case, the DA wants to issue an arrest
warrant regarding Adolf's committing a Class A Misdemeanor
(possession of burglary tools) and a two felony count
(robbery and grand larceny) indictment regarding Julius's
grabbing a woman from behind, struggling with her and
stealing her purse. NYC expects that Tanzania will refuse
to waive immunity and believes that Julius and Adolf should
be sent home. If the TanzaniaMUN/GOT does not have the two
sent home, NYC expect that USUN would ask them to leave
because they have abused their residence. Even if Julius
goes home, NYC may still indict him so that Julius would have
to face charges if he returns to the U.S.

6. USUN seeks Department's expeditious guidance.
Khalilzad

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