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Viewing cable 07USUNNEWYORK1089, GERMAN MISSION RESPONSE TO REQUEST FOR WAIVER OF

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Reference ID Created Released Classification Origin
07USUNNEWYORK1089 2007-11-29 19:05 2011-08-24 01:00 UNCLASSIFIED USUN New York
VZCZCXYZ0020
PP RUEHWEB

DE RUCNDT #1089 3331905
ZNY EEEEE ZZH
P 291905Z NOV 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 3215
INFO RUEHRL/AMEMBASSY BERLIN 0889
UNCLAS USUN NEW YORK 001089 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR IO/UNP 
BERLIN FOR CONSULAR SECTION 
 
E.O. 12958: N/A 
TAGS: GM OFDP UN THOMMA THOMAS
SUBJECT: GERMAN MISSION RESPONSE TO REQUEST FOR WAIVER OF 
DIPLOMATIC IMMUNITY 
 
REF: STATE 158447 
 
1.(U) This message in sensitive but unclassified - please 
protect accordingly. 
 
2.(SBU)  Summary:  As instructed reftel, USUN called in the German 
Mission on November 20 and handed over diplomatic note 
HC-116-07 containing a request for a waiver of the criminal 
immunity of Mission Counselor Thomas Thomma.   The German 
Mission responded with note no. 775/2007  (text follows in 
paragraph 3 below) expressing its own concern over the 
allegations and promising cooperation, but also indicating 
that (1) Thomma disputes the allegations; (2) the alleged 
victim has returned to Germany and requests that charges as a 
result of her complaint be dropped; and (3) Thomma has hired 
local counsel who, under the circumstances, intends to 
contact prosecutors in an attempt to convince them to drop 
any charges.   USUN suggests that the Department may wish to 
consider allowing the German Mission/Thomma additional time 
to try to resolve the issue before requiring a specific reply 
to the waiver request.  The German note indicates that the 
alleged victim has made a statement to Amembassy Berlin; any 
information Berlin may be able to provide would be 
appreciated. 
 
3.(SBU)BEGIN TEXT:  (Complimentary salutation)...and responds to 
the diplomatic note of the latter, dated November 20, 2007 
and referring to allegations of third degree assault against 
Thomas Thomma, Counselor at the German Mission. 
- The Permanent Mission of Germany to the United Nations 
shares the concern of the United States Mission to the United 
Nations expressed in its diplomatic note of November 20, 2007. 
- The German Mission intends to fully investigate the 
allegations that form the basis of the complaint by the New 
York authorities and has received assurance of Counselor 
Thomma to fully cooperate in such investigation.  At this 
time, however, the German Mission is not convinced that the 
allegations will prove to be true, since Counselor Thomma has 
disputed the allegations.  He explained that his domestic 
partner, a German national, left his apartment after an 
emotionally charged argument with him but that the incident 
did not involve the physical violence described in the 
diplomatic note.  Consistent with that testimony, the alleged 
victim, the domestic partner of Counselor Thomma, a German 
national, has, after her return to Berlin, appeared before 
the US Consular Officer, Deborah A. Howard, in Berlin and 
signed a statement requesting that "all charges or 
investigations being made against Thomas Thomma"..."be 
dropped immediately."   Besides the diplomatic note of the 
United States Mission, the oral testimony of Counselor Thomma 
and the alleged victim,s statement before the US Consular at 
the US Consulate General in Berlin the German Mission is not 
aware of any other evidence relating to the alleged incident. 
- Counselor Thomma has retained New York legal counsel, 
Reinhard Humburg, Esq., 200 Claremont Ave, Suite 52, New 
York, N.Y. 10027, Tel.: (212) 222-0110.  The legal counsel 
intends to convince the local authorities to drop any charges 
against Counselor Thomma. 
- Before making any decision in this case the German Mission 
believes it to be prudent to first await the outcome of the 
talks between the New York authorities and the legal counsel 
of Counselor Thomma.  If such communications do not lead to 
the New York authorities dropping the charges, the German 
Mission will take this case under further consideration.  The 
German Mission assures the United States Mission that it will 
keep the United States Mission appraised, in due course, of 
its findings and final decision in this case. 
- (Complimentary close)... END TEXT. 
Khalilzad