2003 Press Releases
Second Diplomatic Protesting American Center Eviction
Aug. 22, 2003
The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of Turkmenistan, Diplomatic Missions and International Organizations accredited in Turkmenistan, and has the honor to relay to the Ministry its protest of the Government of Turkmenistan's failure to honor its assurances regarding the premises of the Embassy's Public Affairs Section.
At a meeting on August 21, 2003, Foreign Minister Meredov, assured Charge d'Affaires Tansey that the matter of the location of the Public Affairs Section's offices would be resolved through bilateral discussions following the arrival of Ambassador Tracey Jacobson. At that meeting Mr. Meredov indicated that the Government of Turkmenistan would actively seek a mutually acceptable solution to accord the Public Affairs Section full facilities for the performance of its duties. We were very pleased to receive those assurances from the Minister.
Despite those assurances, and on the same day that Mr. Meredov offered the Government's assurances, Hakim A. Rejepov of Ashgabat notified the management of the World Trade Complex by letter that the Public Affairs Section should vacate its offices by August 22. Staff from the Hakim's office have also approached Embassy staff in their offices at the World Trade Complex, asking why they have not yet moved out of their offices - again contradicting the assurances we received just the day before.
As noted in Diplomatic Note 559/03 of August 19, 2003, the Public Affairs Section is an integral part of the Embassy and thus constitutes part of the "premises of the mission" accorded all the privileges and immunities of a mission under the Vienna Convention on Diplomatic Relations (VCDR). Article 22 of the VCDR protects the premises of our Public Affairs Section's American Center against unauthorized entrance by agents of the host country:
- The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
- The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
- The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
Furthermore, Article 24 states, "The archives and documents of the mission shall be inviolable at any time and wherever they may be." The Public Affairs Section's American Center has full immunity from unauthorized entrance or inspection by agents of the Government of Turkmenistan and cannot be forcibly vacated from its premises.
As a gesture of our sincerity, Embassy staff are even today looking at one possible alternative site suggested by the Ministry. Embassy staff will continue to work with the Government of Turkmenistan to find a mutually acceptable solution to accord the Public Affairs Section full facilities for the performance of its duties.
The Embassy anticipates that the Ministry, in conjunction with all appropriate offices, will honor its commitment by intervening with the Hakim and other authorities to withdraw its order to require the Embassy to vacate its offices from the World Trade Center.
The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of Turkmenistan, Diplomatic Missions and International Organizations accredited in Turkmenistan the assurances of its highest consideration.
Embassy of the United States of America
Ashgabat, 22 August 2003
