325.1121 Bethune, Larry K./27: Telegram

The Acting Secretary of State to the Ambassador in Chile (Culbertson)

18. Your 33, April 1, midnight. Minister for Foreign Affairs states that incommunicado in Chilean penal law is a proceeding in criminal [Page 937] investigation and since it is a legal prerogative of the Judge, he alone is competent to apply, suspend or attenuate it and to determine its duration, and that the Executive can not intervene. Endeavor ascertain whether Bethune was held incommunicado by order of the Judge or by order of the police authorities. If the latter, the Department may want to question statement by Minister of Foreign Affairs that the Executive can not intervene in such matters.

Carr