VZCZCXYZ0007
OO RUEHWEB

DE RUEHC #2945 1421925
ZNR UUUUU ZZH
O 221912Z MAY 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 6214
INFO RUEHSI/AMEMBASSY TBILISI IMMEDIATE 0548

UNCLAS STATE 052945 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: OFDP UN
SUBJECT: WAIVER OF IMMUNITY FOR DIPLOMAT AT THE GEORGIAN 
MISSION TO THE UN 
 
¶1. This is an action message for USUN.  See para 3. 
 
 ¶2. According to a report from the New York City Police 
Department, Alexander Chelidze, a Counselor at the  Georgian 
Mission to the United Nations assaulted his wife, Nana 
Tsuladze at their home on Greenpoint Avenue in Queens, New 
York on May 12. Mr. Chelidze allegedly choked his wife and 
caused lacerations to her face as well as a black and blue 
bruise over her left eye.  Ms. Tsuladze was taken to Elmhurst 
General Hospital for treatment of her injuries.  Mr. 
Chelidze, who was detained at the 108th precinct was 
subsequently released upon verification of his diplomatic 
status. The Queens County District Attorney's office has said 
that but for diplomatic immunity they would charge Alexander 
Chelidze with assault in the third degree, a misdemeanor. 
 
The United States Mission should request a waiver of immunity 
from the Government of Georgia so that these charges can be 
adjudicated pursuant to the laws of New York State.  If the 
waiver is not granted, given the serious nature of the 
offense, the Department would require the alleged offender 
and his family to leave the United States. 
 
¶3. Suggested text. 
 
The United States Mission to the United Nations presents its 
compliments to the Permanent Mission of Georgia to the United 
Nations and informs the latter of its concern over 
allegations of the commission of a criminal act by Alexander 
Chelidze, a Counselor at the Mission. 
 
New York City authorities have informed the United States 
Mission that on May 12, 2009, Alexander Chelidze allegedly 
assaulted his wife Nana Tsuladze, choking her and causing a 
black and blue bruise over her left eye.  Ms. Tsuladze was 
taken to Elmhurst General Hospital for treatment of her 
injuries. 
 
The United States Mission has been informed by local New York 
authorities that but for diplomatic immunity, Alexander 
Chelidze would be charged and prosecuted for assault in the 
third degree, a misdemeanor.  It is the policy of the 
Department of State to request from the sending state a 
waiver of immunity when, but for immunity, a diplomat would 
be prosecuted for any crime involving physical violence. 
 
The Department of State therefore requests that the 
Government of Georgia waive the immunity from criminal 
jurisdiction of Alexander Chelidze so that the charges 
against him may be adjudicated in accordance with the laws of 
the State of New York. 
 
Given the serious nature of these charges, if the Republic of 
Georgia refuses to waive the immunity of Mr. Chelidze, the 
Department of State would require him and his dependent 
family members to depart the United States.  In accordance 
with the Department's policy, his name would be placed in the 
Visa and Immigration lookout system to prevent routine 
issuance of a visa in the future.  If Mr. Chelidze were to 
return to the United States, he may be subject to arrest and 
prosecution for the charge of assault in the third degree. 
 
The Permanent Mission of Georgia is requested to inform the 
United States Mission within 5 days of its decision with 
respect to its Government's decision on this request for a 
waiver. 
 
Complimentary close. 
 
¶4. Tbilisi should inform the host country as a courtesy of 
this action. 
CLINTON