VZCZCXYZ0005
OO RUEHWEB

DE RUEHC #8275 2090237
ZNR UUUUU ZZH
O P 280221Z JUL 09
FM SECSTATE WASHDC
TO RUEHEK/AMEMBASSY BISHKEK IMMEDIATE 0000
INFO RHEHNSC/WHITE HOUSE NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY 0000
RHMFISS/CDR USCENTCOM MACDILL AFB FL PRIORITY
RUEAHQA/HQ USAF WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHMFIUU/USAFCENT SHAW AFB SC PRIORITY

UNCLAS STATE 078275 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL MARR KG
SUBJECT: HATFIELD CASE TALKING POINTS FOR THE KYRGYZ 
GOVERNMENT 
 
REF: DAS KROL EMAIL 7/27/2009 
 
¶1. (U) ACTION REQUEST: Department requests that Post 
deliver the points in paragraphs 2-10 on the Hatfield 
Case to the government of the Kyrgyz Republic on Tuesday, 
July 28 and report delivery that same day.  To support 
parallel action here in the United States, it is critical 
that these points be delivered on July 28. 
 
Hatfield Case Talking Points for the Kyrgyz Government 
--------------------------------------------- ----------- 
--- 
 
¶2. (U) The U.S. Air Force (USAF) convening 
authority decided not to refer criminal charges to a 
court-martial against Senior Airman (SrA) Zachary 
Hatfield for the December 2006 shooting of Alexander 
Ivanov, a Kyrgyz truck driver, at a check point at Manas 
Air Base [now Manas Transit Center]. 
 
[IF ASKED] A charge of unpremeditated murder was 
preferred against SrA Hatfield on February 20, 2009. 
A hearing associated with an Article 32 investigation 
conducted pursuant to the Uniform Code of Military Justice 
was held between March 31 and April 2, 2009 to 
investigate the charge.  The Article 32 Investigating 
Officer submitted a report to the Convening Authority 
that included his recommendation regarding whether or not 
the charge should be referred to trial by court-martial or 
whether a different charge or other disposition would be 
appropriate.  After reviewing the report of the Article 
32 investigation and considering the advice of his staff 
judge advocate, the Convening Authority dismissed the charge 
against SrA Hatfield. 
 
¶3. (U) The decision not to refer criminal charges to a 
court-martial was made by an independent USAF 
court-martial convening authority who, based on his own 
professional and impartial judgment of the facts of the 
case and the evidence that was available, determined that 
a criminal trial would not be appropriate. 
 
As a judicial matter, this case is now closed. 
 
[IF ASKED] Under the Uniform Code of Military Justice, a 
convening authority generally does not explain his or her 
rationale for a referral decision, so as to preserve the 
impartiality and independence of the military justice system. 
I do not know the rationale for the convening authority's 
decision.  He is under no obligation to explain his 
decision, he has not done so in this case, and I do not 
anticipate he will do so. 
 
[IF ASKED] The convening authority in this case was the 
U.S. Air Mobility Command commander, General Arthur 
Lichte.  The fact that the USAF chose a highly 
experienced and mature commander and a four-star general 
officer to decide on the disposition of this case demonstrates 
the seriousness and importance the USAF attaches to it. 
 
[IF ASKED] General Lichte was chosen specifically 
because he was not involved in previous investigations 
into this case and is not in SrA Hatfield's chain of command. 
 
¶4. (U) The judicial process in this case was admittedly 
lengthy, but it was thorough and impartial from start to 
finish.  The amount of time and resources dedicated to 
the case should demonstrate the seriousness the U.S. 
Government and the USAF attach to it. 
 
The USAF investigation lasted more than 13 months, 
involving more than 80 agents from the USAF Office of 
Special Investigations who interviewed more than 160 
witnesses. 
 
[ONLY IF PRESSED FURTHER] I will look into whether we 
can release any more details of the investigation.  We have 
strived to be as transparent as possible, but we are 
constrained by laws that protect the privacy of 
individuals who are involved as subjects of and 
witnesses to alleged crimes. 
 
¶5. (U) The U.S. deeply regrets this tragedy and takes 
any loss of life seriously.  The U.S military operates 
around the world and is very sensitive to the needs of the 
local people.  We have the highest respect for the Kyrgyz 
people and have made every effort possible under U.S. law to be 
transparent and responsive to local sensitivities. 
 
¶6. (U) The Secretary of Defense has approved an 
additional $250,000 ex gratia payment to Mrs. Ivanova in 
sympathy for her loss. 
 
Immediately after the shooting, the USAF made a $1,000 
interim payment to Mrs. Ivanova in sympathy and to 
defray funeral expenses. In 2007, the Department of Defense 
made a $55,000 ex gratia payment. 
 
¶7. (U) SrA Hatfield's commander has taken significant 
administrative actions against him that will have 
long-lasting effects and negatively affect his career. 
 
[IF PRESSED] The specific nature of these administrative 
actions is information protected from release by the 
Privacy Act.  The U.S. Government may not release such 
information without his consent. 
 
¶8. (U) We should make every effort to ensure that this 
decision does not set U.S.-Kyrgyz relations back, as we 
begin a new and, I expect, positive chapter in our 
relationship. 
 
¶9. (U) Going forward, I trust that we will both be 
committed to ensuring that no similar tragedy occurs in 
the future. 
 
Kyrgyz interpreters are now posted at all gates to 
facilitate interaction with local nationals; the main 
airfield gate is now jointly staffed with U.S. and Manas 
International Airport security personnel, providing 
joint control over access to the flight line; the USAF has 
trained and equipped its security personnel with 
non-lethal security equipment; and vehicle inspection 
requirements have been reduced by constructing a 
facility outside the boundaries of the Transit Center for 
trucks to off-load fuel. 
 
¶10. (U) The U.S. will not make public statements on this 
case. 
 
The Air Force will inform SrA Hatfield soon about the 
disposition of the case.  There is no way to prevent SrA 
Hatfield from speaking publicly about it, but we have no 
reason to believe that he will.  Eventually, the Air 
Force may need to respond to queries on the case. 
 
End talking points. 
CLINTON