365.1121 Slavich, Nickola/30
The Ambassador in Italy (Garrett) to the Secretary of
State
No. 1319
Rome, March 15, 1932.
[Received March
31.]
Sir: With reference to the Embassy’s
telegram No. 172 of September 10, 12 noon, 1931,4 and
previous correspondence concerning the procedure followed by the
Italian authorities in connection with the arrest and imprisonment
of American citizens in Italy, I have the honor to transmit herewith
for the Department’s information a copy and translation of an
informal memorandum which was handed by an official of the Foreign
Office to a member of the Embassy staff for the confidential
information of the Embassy, and which contains a statement of the
nature of the procedure in question as established up to the present
time.
In connection with the statement in paragraph three of the enclosed
memorandum with regard to the right of reciprocity in the
transmission to consular authorities of information concerning
arrests of foreign citizens in Italy, I have the honor to add that a
statement has been made at the Foreign Office to the effect that in
the United States only one half of the various states are in the
habit of communicating such information to Italian consular officers
in the United States in connection with the arrest of Italian
subjects there, and, accordingly, I shall be glad to have a
statement of the procedure followed in the United States in this
matter for use in future conversations at the Italian Foreign
Office.
Respectfully yours,
[Page 459]
[Enclosure—Translation]
The Italian Ministry for
Foreign Affairs to the American
Embassy
- 1.
- The term of preliminary detention varies in Italian
legislation according to the form of preliminary examination
of the person under arrest, to the gravity and nature of the
crime, and to the judiciary authorities within whose
competence the case falls; it is an established rule that
trials which present no serious difficulties as regards
examination of the accused and no obstacles as to
prosecution are concluded within a very brief period,
sometimes of a few days and sometimes of several
months.
- 2.
- A consular officer may consult a citizen of the country
which the former represents upon permission issued,
normally, after preliminary examination of the person under
arrest, by the public safety or judiciary authorities
handling the case, provided that there is no supreme
interest of justice or other peculiar consideration which
prevents such permission being given.
- 3.
- Although the Italian authorities are not under any
obligation to inform foreign consular authorities of arrests
of foreign citizens in the Kingdom, nevertheless in
accordance with requests made in this connection by
representatives of foreign states, the interested
representatives will be notified through the Ministry of
Foreign Affairs of the arrest of foreign citizens in Italy,
with right to reciprocity and in all cases provided that
there are no special reasons to prevent such
procedure.
- 4.
- As to the possibility for consular authorities to confer
with foreign citizens under arrest in Italy, if the
conversation takes place during the period of preliminary
examination of the arrested person, the presence of a public
safety officer or custodian is provided for by legislation
now in effect; if the preliminary examination has been
concluded, the conversation may take place without the
presence of third persons, provided there is no reason to
the contrary.
