This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 LIMA 005231
SIPDIS
DEPT FOR WHA/AND, L/PM, PM, DS
E.O. 12958: N/A
TAGS: PGOV MARR PE
SUBJECT: DEATH OF PERUVIAN CONTRACTOR IN AFGHANISTAN
REF: DS Command Center Spot Report 12/01/05
1. The Peruvian Foreign Ministry presented Embassy with a
diplomatic note received here on 12/7 which requests
information on the circumstances of the death of Martin
Jara, a Peruvian citizen who was working as a contractor for
the U.S. firm MVM Inc. The note also asks the USG to
provide information on the operational relations between the
contracting and the recruiting companies involved in sending
Peruvians to Afghanistan. The Embassy has also received a
copy of a press release from 3D Global Solutions, one of the
contractors involved in the hiring of Mr. Jara, claiming
they are unable to provide information about the
circumstances of Mr. Jara's death because they have not
received a report on this matter from the State Department.
An informal translation of the diplomatic note is contained
in paragraph 2, and an informal translation of the 3D Global
Solutions press release is contained in paragraph 3.
Embassy requests guidance from the Department on how to
respond to the diplomatic note.
2. (Begin text of dipnote)
Note RE. (SCP) No. 6-3/458
(Complimentary Opening) and has the honor to refer to the
unfortunate death under circumstances still to be determined
of Peruvian citizen MARTIN JARA HICHARD, who had been hired
by the American corporation MVM Inc. -- by way of the
American firm 3D Global Solutions, Inc., and the Peruvian
company Wackenhut Peru S.A. -- in order to lend his services
in the field of security in Afghanistan.
Based on the information obtained by this Secretariat, MVM
Inc. is the contracting company that for purposes of
recruiting security personnel for tasks carried out in
Afghanistan employed the services of 3D Global Solutions
Inc., who likewise contracted the services of Wackenhut Peru
S.A. in order to select Peruvian nationals for this job.
On December 2nd, the Secretariat of Peruvian Communities
Abroad contacted Mr. Michael Dodd, General Manager of 3D
Global Solutions Inc., who despite the serious nature of the
events, has only provided contradictory and incomplete
accounts of the situation, and hasn't yet complied with our
request for a complete report explaining the circumstances
under which this regrettable death took place.
In that regard, and in view of the fact that the Peruvian
government has an extraordinary interest in this affair, the
Ministry of Foreign Relations, Secretariat of Peruvian
Communities Abroad would like to request that the Department
of Defense, within the framework of the Fundamental Defense
Law on Worker's Compensation, and the Department of State of
the United States of America (in so far as it may be
concerned) carry out with the contracting company whatever
actions are necessary in order to obtain such information.
The relatives of Mr. Martin Jara and the Peruvian society as
a whole have a legitimate interest in the information
regarding this case.
Likewise, the Ministry of Foreign Relations, Secretariat of
Peruvian Communities Abroad urgently requires that in the
shortest period of time, the Legal Advisor of the
contracting company state his point of view regarding the
way in which the indemnity payments provided for in the
insurance coverage extended to the aforementioned Peruvian
national should be executed.
Additionally, the Ministry of Foreign Relations, Secretariat
of Peruvian Communities Abroad requests the cooperation of
the Department of Defense and the Department of State of the
United States of America, in order to establish precisely
what are the existing operational relations between the
contracting and the recruiting companies, since recent
experience has shown that none of them can offer timely and
precise information regarding Peruvian citizens and the
developments which may arise in connection with them.
The Ministry of Foreign Relations, Secretariat of Peruvian
Communities Abroad bases its request on the constitutional
principle that obliges the Peruvian State to guarantee full
enforcement of the fundamental rights of its citizens.
Within this framework, Article 44 of the Peruvian
Constitution includes, from the point of view of personal
jurisdiction, all persons that live in Peruvian territory,
as well as Peruvians who live abroad. Consequently,
Peruvians living abroad enjoy the same guarantees granted by
the Constitution to persons living in Peruvian territory in
all matters that concern their constitutional rights.
Additionally, the legal basis for the duty to offer
protection, as well as to extend jurisdiction to Peruvians
living abroad, is also supported by provisions in the Vienna
Convention on Consular Relations of 1963, as well as
provisions in the Ministry of Foreign Relation's Organic
Law, Decree Law No. 26112, dated December 29, 1992 and its
amendments, which specify the obligations and authority of
the Ministry of Foreign Relations and its agencies regarding
its Consular Services and the protection and assistance
rendered to Peruvians living abroad.
(Complimentary Closing)
Lima, December 5, 2005
(End text of dipnote)
3. (Begin text of press release)
3D Global Solutions brings the following to the attention of
the public:
-- Up to today, Wednesday, December 7, 2005, the State
Department of the United States of America, which is
responsible for the investigation designed to clarify the
circumstances and causes of death of Mr. Martin Jara Hichard
has not complied with its obligation to inform us of the
pertinent results.
-- Due to the foregoing, we wish to state for the record
that it is impossible for us to continue providing
information on this matter, until we have the official
results of the referenced investigation.
-- Likewise, we wish to make it clear that the company with
which Mr. Jara Hichard signed a services contract for
providing security guard services in the city of Kabul was
MVN Inc., a company with which we are subcontractors.
-- Considering the difficult moments that the family of the
deceased is going through, we urge the Ministry of External
Relations of Peru to use its good offices with the
Department of State of the United States in order that they
should issue the official results of the aforementioned
investigation as quickly as possible.
-- Finally, we wish to inform that Dr. Jose Herrera Robles
is the Lawyer we have hired in Peru, and is not, as has been
purported in some sectors of the media, our company's legal
officer.
Michael Dodd, 3D Global Solutions
(End text of press release)
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