800.01B11 Registration—Ovakimian, Gaik (Dr.)/22
Memorandum of Conversation, by the Assistant Chief of the Division of European Affairs (Henderson)
The Soviet Ambassador called me this afternoon about 5:30. Judging from the language which he used and his tone of voice, I would consider that he is very much disturbed at the manner in which the Ovakimian case is progressing. He asked when he might expect a note in reply to the note which he had handed to Mr. Welles with regard to that case on May 31. I told him that we hoped a reply would go out either tomorrow, June 5, or at the latest on June 6.77
The Ambassador said that he wished to offer a suggestion, that is, that the court postpone the hearing of the case until he had had an opportunity to receive the reply of the State Department to his note and to offer counter argumentation. He said that it seemed to him that this matter was so important that it would be unfortunate for it to go into the court at the present stage.
I told the Ambassador that it seemed to me that the proper course would be for the lawyer of Ovakimian to suggest a postponement to [Page 975] the court. The Ambassador replied that the lawyer had already previously asked for such a postponement and had agreed with the prosecution that the hearing would be opened on Friday, June 6; therefore, it would be difficult for the lawyer to ask for a further postponement. The suggestion which the Ambassador was now making was not that the lawyer would request a postponement but that the State Department would make such a request to the court through the Department of Justice. The Ambassador said that his suggestion was based on the following considerations:
- 1.
- He believed that his case, as presented to the Department of State in the note which he handed to Mr. Welles, was convincing both from a diplomatic and legal point of view;
- 2.
- In his opinion the matter was one for diplomatic negotiation, not for court proceedings;
- 3.
- The regulations and rules involved were of such a nature that the State Department was holding the solution in its hands; therefore, discussions between the Embassy and the State Department should not be telescoped into the exchanges which had thus far taken place but should be permitted to develop along the lines of normal diplomatic negotiation.
The Ambassador added that the suggestion which he made was urgent and he hoped that in view of the seriousness of the whole matter, it would be given careful consideration by the Department.
I told the Ambassador that I would present his suggestion at once to the appropriate officials of this Government.