852.00/8992: Telegram
The Ambassador in the United Kingdom (Kennedy) to the Secretary of State
[Received February 25—12:15 p.m.]
271. Your 145, February 24, 6 p.m.42
Sir Alexander Cadogan43 informed a member of the Embassy staff this morning that on February 21 General Franco’s Foreign Office handed to the British representative a statement in which it was set [Page 754] forth that the courts of justice would be restricted in judgment of cases brought before them to the application of the laws and procedure of the criminal code as it existed on July 16, 1936. The Foreign Office then requested the British representative to ascertain whether this statement was to be considered as a reply to previous British requests for assurances that there would be no executions on the basis of reprisals; whether the statement given to the British representative had likewise been made public in Burgos; and, if not, whether there were any objection to public use of it being made by the British Government. The reply was that the statement is to be considered as a reply to the British inquiries regarding reprisals; that the statement has not been made public in Burgos; that there is no objection to public use being made of it by the British Government. The Under Secretary pointed out that in the light of this statement and General Franco’s reply to their subsequent inquiries as to its meaning, they must proceed on the assumption that it is his intention that the courts shall exclude judgments of purely reprisal nature. Obviously the carrying out of such a declaration would depend on the good faith of General Franco. The Foreign Office has no information however to indicate that there have been any executions on the basis of reprisals. They have been specifically informed in this sense by their representative at Barcelona who reports that he has been unable to find any authentic cases of reprisal executions. To anyone however who inclines to be suspicious of General Franco’s good faith, Cadogan says, there is obviously a loophole in the fact that the declaration makes no mention of military tribunals or of any law or procedure which might govern their action.
The Foreign Office has not yet availed itself of Franco’s consent to make public use of this statement. It will do so however at the time when recognition of Franco is announced.