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Reference ID Created Released Classification Origin
07BUCHAREST12862007-11-16
15:03
2010-12-20
21:09CONFIDENTIAL
Embassy
BucharestVZCZCXRO8484
OO RUEHDBU RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR
DE RUEHBM #1286/01 3201546ZNY CCCCC ZZH
O 161546Z NOV 07
FM AMEMBASSY BUCHAREST
TO RUEHRL/AMEMBASSY BERLIN IMMEDIATE 0283
RUEHC/SECSTATE WASHDC IMMEDIATE 7615
RUEAIIA/CIA WASHINGTON DC IMMEDIATE
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE
RHMFISS/HQ USEUCOM VAIHINGEN GE IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEKJCS/SECDEF WASHINGTON DC IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
C O N F I D E N T I A L SECTION 01 OF 03 BUCHAREST 001286
SIPDIS
SIPDIS
STATE FOR EUR/NCE - JUDY GARBER; NSC FOR STERLING
EO 12958 DECL: 11/16/2017
TAGS PREL, PGOV, KLIG, MARR, RO
SUBJECT: POTENTIAL IMPACT IN ROMANIA OF TEO PETER FINAL
OFFER
Classified By: Ambassador Nicholas F. Taubman for Reasons 1.4(b) and (d ).
1. (C) Summary: The impending final offer by the U.S. Army Foreign Claims
Service, Europe to the family of the late Romanian rock star Teofil Peter, who
was killed in a 2004 car accident involving Embassy Bucharests former Marine
detcommander, seems certain to have a significant, negative effect on the U.S.-
Romanian relationship. In the likely event that the family of Peter will go
public with the news that the U.S. government has met their multi-million dollar
settlement claim with an offer of only $80,000, Romanian leaders and opinion
makers will react loudly and emotionally, calling into question some of the most
important features of our bilateral partnership. President Basescu, PM Tariceanu
and other prominent politicians will almost certainly rally to the familys
side, even if some normally pro-American officials will still try behind thescenes to calm the anticipated public outrage. In particular, the popular outcry
over what will be seen by most Romanians as an insultingly small offer to
Peters survivors will prompt renewed calls, with much more potential popular
support, for the rapid withdrawal of Romanian troops from Iraq. Likewise,
backing in the Romanian parliament and among members of the public for the new
U.S. troop presence at joint U.S.-Romanian military facilities on the Black Sea
will plummet, at least temporarily. The November 21 notification date to the
Peter familys lawyers is fast approaching, and will nearly coincide with the
December 4 anniversary date of Peters death, the occasion for past anti-U.S.
demonstrations in Romania. In short, we are bracing ourselves for a stormy
downturn in the relationship, prompted by the continuing negative legacy of the
death of this Romanian cultural icon. Some of the damage to our popular standing
and to our interests in Romania may be lasting. End Summary.
2. (C) Teo Peter, one of Romanias best known and most beloved rock musicians,
was killed on December 4, 2004, in a Bucharest car accident involving the taxi
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he was riding in and the official Embassy vehicle being driven in the early
morning hours by former Bucharest Marine detachment commander Staff Sgt.
Christopher Van Goethem. Van Goethem departed Romania within a few hours after
the accident, under the terms of his diplomatic immunity, but many Romanians
viewed his abrupt departure before local investigators had the opportunity to
question him and conduct tests on his blood alcohol level as a slap in the face
and an effort to shield the Marine from justice. Demonstrations were held
outside the Embassy, and an effort was made to rename a nearby street after the
deceased musician. Sgt. Van Goethem did subsequently face a range of charges in
the U.S. military justice system. A military courts martial concluded in January
2006 that while he was guilty of making false statements and obstructing
justice, he was not guilty of the more serious negligent homicide charge. The
jury, somewhat unexpectedly, limited the Marines punishment to an official
letter of reprimand. This news brought, in turn, another wave of protests.
3. (C) The U.S. Army Claims Service, Europe currently plans to send legal
representatives of the Peter family final offers amounting to $80,000, divided
among three claimants, including Teofil Claudiu Peter, the musicians son. In
briefing material recently forwarded to the Embassy, the Armys Foreign Claims
Service states that the Peter family claims were adjudicated pursuant to the
Foreign Claims Act, which uses foreign law to measure damages. The
accompanying press guidance then asserts: That means the law of the country inwhich the claim arises are used -- in tQs case Romanian law. The awards are
consistent with Romanian court decisions measuring damages in similar cases,
the guidance continues, and reflect U.S. and Romanian principles of just
compensation and respect for human life. The U.S. Army Claims Service, Europe
documents go on to say that the Service contracted a prestigious Romanian law
firm to advise the Commission on the pertinent provisions of the Romanian law...
(and) determined that the amount requested by the claimants greatly exceeded the
economic loss substantiated by the claimants. Moreover, the Commission found no
relevant precedent justifying an award of moral damages anywhere near the amount
requested. Part of the award that has been approved will be centered on
reimbursing
BUCHAREST 00001286 002 OF 003
the family for the funeral costs of Mr. Peters burial.
4. (C) Teo Peters survivors reportedly initially requested a multi-million
dollar settlement. In a November 1 letter to the Ambassador from the Peter
familys law firm, Arent Fox, attorney John M. Gurley suggests that the
claimants are currently requesting an award of $1 million. In what is labeled
The Peter Family Claim: October 2007, Gurley cites various past precedents for
awards at that level or above, including for an Australian womans successful
claim for $1 million after being hit by a Navy servicemans golf ball, and a
$1.9 million claim to survivors of a teenage Mexican goat herder, the victim
ostensibly of an accident involving the U.S. military. Gurley also cites the $2
million awards presented to the survivors of the Italian cable car accident
involving a U.S. warplane, a case which has been cited repeatedly in the
Romanian media and by Romanian government officials. Gurley writes in his letterthat he had unsuccessfully requested a transfer of the claim from the U.S. Army
Claims Service, Europe in Mannheim to Fort Meade (the headquarters of the Claims
Service) or Washington, D.C. Citing the very discouraging signals the Peter
family has received to date from the Claims Service, Gurley concludes by saying
he hoped the Peter claim could be settled in a manner suitable to all parties
before the April 2008 NATO summit in Bucharest, asserting that it would truly
be unfortunate for Romania, as well as the United States, if the NATO summit
were to be marred by the U.S. governments inability to close the Teo Peter
matter in a fair fashion.
5. (C) Once the award is communicated to the familys legal counsel at Arent
Fox on Wednesday, November 21 (the day before Thanksgiving), we expect the
family and its legal representatives to move quickly to condemn the U.S. offerpublicly and to appeal to top Romanian officials and the Romanian media to put
immediate pressure on U.S. representatives for a higher award. Romanian MFA
officials have reported to us informally that the family has met with the Prime
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Minister and the Foreign Minister in recent weeks to express their determination
to conduct a public fight should the final award offer be unacceptably low.
Under these circumstances, and in light of the proximity to the anniversary of
the rock musicians death, we expect the Embassy to be the focus of multiple
demonstrations, including concerts and candlelight vigils. There will be a
renewed effort to rename after Teo Peter the street on which the Embassy is
located, and it is possible that city officials may accede to the anticipated
wave of public indignation over the amount of the award offer.
6. (C) Another report we received in recent days was a suggestion that Romanian
law enforcement authorities, working through EU channels, would attempt to serve
a legal summons to Van Goethem, who we believe is currently a U.S. Embassy
dependent at AmEmbassy Berlin.
7. (C) More seriously, we anticipate that the Peter award offer, and subsequent
media attention, will embolden critics of the Romanian deployment in Iraq, along
with other anti-American politicians like Chamber of Deputies President Bogdan
Olteanu, to call for the immediate withdrawal of Romanian troops. Under these
circumstances, they could build sufficient traction to reinvigorate the
opposition to Romanias support for U.S. efforts there, and potentially force a
change in policy. While President Basescu has been steadfast in his support for
our continued troop presence in Iraq, he would be conscious of the fact thateven before a renewed public outcry over the Peter case, only one-third of the
Romanian public supports maintaining troops there. Either way, reinvigoration of
the controversy over U.S. handling of the case will put our closest friends
within the Romanian government, including President Basescu, into a very awkward
political position. Likely enough, the Liberal Party and other political groups
hoping to find a hook to boost their support in the run-up to the November 25
Euro-parliamentary elections in Romania will wrap themselves in the flag and try
to capitalize on the political moment with anti-U.S. political rhetoric. More
broadly, news of the Peter award offer will cut deeply into support for the new
U.S. military presence at joint facilities on the Black Sea, including
Kogalniceanu air base and the Babadag training grounds -- at least temporarily.
While public approval of the bases has been steady, our contacts have always
cautioned us that it is vulnerable to concerns over an increased terroristthreat to Romania -- and to negative stories concerning the conduct of U.S.
service personnel, with the first point of reference the Teo Peter accident and
the subsequent handling of the charges against Sgt. Van Goethem.
8. (C) There are other, less predictable, risk factors at play. In the wake of
this weeks controversy over the Ambassadors criticism of the Parliaments
efforts to undermine the independence of Romanian prosecutors and their ability
to investigate cases of bribery and corruption, a controversy over the Teo Peter
award could enable our critics and opponents on the Romanian political scene to
undermine other important initiatives which are just gathering momentum. First
and foremost among them is our accelerating effort, alongside Lockheed-Martin,
to persuade Romania to pursue an F-16/JSF option to replace the countrys aging
MiG fleet. Lockheed-Martin, in tandem with allies in the Presidency and Ministryof Defense, are seeking a sole-source route to the fighter plane decision,
which they do not want to see tied up in the Brussels bureaucracy by the F-
16/JSFs principal European competitors, Grippen and Eurofighter. This was
always going to be a tricky exercise, with an expectation that supporters of a
European fighter option would loudly cry foul. A firestorm over the Teo Peter
case could possibly represent a tipping point away from a U.S. option, if only
because of the optics.
9. (C) What little guidance we have received from the U.S. Army Claims Service,
Europe suggests that all Romanian media inquiries are to be steered towards the
USAREUR public affairs staff, or alternatively USMC spokespersons at Quantico.
This will limit severely our ability to respond here in Romania, and to help
address some of the most pernicious charges that we will face. We believe thatthe risk of unintended consequences in this media strategy, across geographic,
language and cultural barriers, is huge. That, too, has to be factored into our
overall risk assessment of the impending Claims Service actions.
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10. (C) In short, our hope is that this latest policy and public affairs
challenge related to the 2004 car accident will be manageable. But we are
concerned that under the present circumstances, some lasting damage could be
done to our core interests, including keeping Romanian troops deployed in Iraq
and continuing to build on the positive momentum in our close defense and
security partnership with Bucharest. This has been an especially difficult issue
from the beginning, and remains the biggest single black spot in our recent
bilateral experience. TAUBMAN
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