US embassy cable - 05LIMA5231

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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