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