860h.00/11–1945: Telegram
The Ambassador in Yugoslavia (Patterson) to the Secretary of State
[Received November 21—6:30 a.m.]
673. [To Vienna:] Urtel 1, September 1985 received here November 14 by pouch. Of the five categories of Yugos in Austria we believe that only one group, namely those in category of Nedich, Rupnik and Ljorbc should be considered for forcible return to Yugoslavia and these only after careful investigation in individual cases. It would be inequitable to return entire groups because they fit loosely into certain categories. For example the category “Ustasha men of the Pavelic regime” is extremely nebulous and might include many whose only offense is political opposition to present Yugo regime.
[Page 1286]We are convinced that anyone accused by this regime may be regarded as already condemned, for trials (then [when?] held) are not designed to arrive at decisions based on equitable considerations nor on weight of evidence but rather to give legalistic veneer to decision already made in party councils. A lawyer, member of provisional parliament, who recently dared act as defense counsel for man accused of collaboration was called traitor, beaten by “inspired” mob after trial and barely escaped with life.
If justice is to be served and we are to avoid being instrument whereby persons whose guilt is measured by their political convictions are delivered to executioner we must, in effect, ourselves judge in advance whether each individual so delivered is criminally liable. Stipulation that Yugo Govt make out prima facie case of collaboration or war criminality (Deptel October 11, 1 p.m.86) in our opinion represents minimum precautionary measure.
In regard to other categories, undoubtedly a large number of Pavelic adherents and Volksdeutsche collaborated and in appropriate cases should be treated as ex-enemy DPs;87 we believe that others should If possible be treated as United Nations DPs.
Sent to Vienna as 5; repeated Dept as 673.