862.20210/11–1344
The Ambassador in Chile ( Bowers ) to the Secretary of State
[Received November 25.]
Sir: I have the honor to refer to the Department’s Secret Airgram No. A–673, October 27, 12:15 P.M., 1944,83 in which the Embassy is requested to submit a despatch setting forth the present status of the PQZ espionage trial and, in the event that a final decision has not been reached by the Courts, to make an appropriate comment.
There is enclosed a copy of a self-explanatory memorandum dated November 8, 1944,83 which was prepared for me by the Legal Attaché, [Page 801] who had been and is in close touch with Investigaciones and with Señor Luis Baquedano Lira, the Judge in charge of the case.
It will be noted that on November 6th Judge Baquedano sent his complete findings in the case, including the major facts, his opinion, and the sentences to be applied to the persons implicated, to the Attorney of the Court of Appeals of Santiago. Judge Baquedano told us that the Attorney would require two weeks to give his opinion concerning the sentences which should be applied. It is my understanding that the Judge is not by Chilean law bound to accept the opinions of the Attorney but is free to lay down the sentences which he himself recommended, if he so chooses.
The Embassy would prefer not to comment on the case until Baquedano has studied the report of the Attorney of the Court of Appeals and has made his final decision. If this decision is unduly delayed, further inquiries will be made of the Judge.
Respectfully yours,