817.00/8–1744
The Ambassador in Nicaragua ( Stewart ) to the Secretary of State
[Received August 15.]
Sir: …
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As was reported in the Embassy’s telegram no. 505, dated August 7, 5 p.m.,18 President Somoza has acceded to the suggestion made him by the Embassy at the Department’s request that the Corn Islands [Page 1404] shall not henceforth be used to detain political prisoners. The Department based its suggestion on the fact that the Islands were leased to the United States for an initial period of 99 years by the Bryan–Chamorro Convention of June 24, 1916, and that during the period of the lease “they shall be subject exclusively to the laws and sovereign authority of the United States …”,20 as well as on the possibility that publicity arising from the detention of political prisoners there might be unfortunate for the interests of both countries.
In acceding to my suggestion, President Somoza agreed that publicity of the sort mentioned might be embarrassing to both countries and that this would lead him henceforth not to detain political prisoners there. He added, however, that he thought Nicaragua had a legal right to use the Islands for that purpose. I made no comment regarding this latter assertion, nor did the President pursue the matter. I am therefore unaware what the President considers Nicaragua’s legal rights to be. He may believe, of course, that since the United States has failed to assume the jurisdiction over the Islands for which the Convention provided, and since it has likewise failed to assume responsibility—financial or otherwise—for the government of the Islands, Nicaragua has been forced to maintain its jurisdiction lest, in the absence of all government, lawlessness reign. From this premise, he may, of course, argue that the use of territory over which Nicaragua maintains de facto jurisdiction for the detention of political prisoners is legal. In any event, it should be noted here that the President’s acceptance of the Department’s suggestion was on the basis of the possible ill effects of publicity and not on a legal one. No publicity, it may be added, suggesting the misuse of Great Corn Island in this respect has occurred in Nicaragua during the recent incidents. The matter escaped the oppositionists.
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Respectfully yours,