817.00/6307

The Minister in Nicaragua (Eberhardt) to the Secretary of State

No. 961

Sir: I have the honor to refer to various telegrams addressed by the Legation to the Department with reference to a series of arrests made by the Guardia at the order of President Moncada under the authority given to him by Article 112 of the Constitution of Nicaragua, which is translated in part: “When public tranquillity is threatened the Executive may issue orders (ordenes) of arrest against persons presumed to be guilty and examine them, placing them at the disposal of a competent Judge within ten days.” There are enclosed copies and translations of a letter dated March 25, 1929, addressed to the Legation by the National and Legal Board of Directors of the Conservative Party in Nicaragua and of its enclosure, a report on alleged cases of arrest and persecution of members of the Conservative Party by the present Government.34

There are also enclosed copies of a report to the Legation made by the Chief of the Guardia on April 10, 1929, giving the details as far as they were then known of the cases referred to in the paragraph above.34

General McDougal has informed the Legation that no prisoners are at present being held by order of the President.

Dr. Cuadra Zavala, a Magistrate of the Supreme Court and a prominent member of the Conservative Party, has assured me that the procedure followed by General Moncada in the cases referred to was entirely legal.

General McDougal is still engaged in drawing up a formal system to be presented to the Nicaraguan Congress for its approval, to be followed in the case of all arrests. Under this procedure formal warrants will take the place of the present informal method of ordering [Page 594] arrests. General McDougal is somewhat handicapped at present by the fact that there is no law officer attached to his command. He expects to effect the transfer of the Brigade law officer as soon as a relief for the latter arrives.

The Department will be informed as soon as General McDougal has completed a draft of the new procedure to be recommended.

I have [etc.]

Charles C. Eberhardt
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