811.24523/9–246: Telegram

The Ambassador in Peru (Cooper) to the Secretary of State

us urgent

954. Reurtel 764, August 31, 11 p.m., and mytel 953, September 2, 1 p.m.67

President Bustamante proposed following compromise settlement of Talara incident when I conferred with him this morning at Palace:

First; United States court-martial complete its hearing of those involved in Talara incident. Impose appropriate sentences on those found guilty—say 4 or 6 months. But suspend execution of sentence until Peruvian court tried the same men, Peruvian jail sentences if any to be served first. Example if United States court-martial gave 6 months and Peruvian court gave 3 months the convicted man would serve 3 months in Peruvian jail and 3 months in United States place of confinement. If United States court-martial acquitted men Peruvian courts still to be allowed to try men and if sentenced to serve time in Peruvian jail. Or if United States sentence lighter than Peruvian—say 4 months and Peruvian 6 months then United States sentence could ran concurrently and man only would serve 6 months in all.

Peru would agree to furnish the testimony written down by commissar of police of all Peruvian witnesses. But personal appearance of Peruvian witnesses for present would be refused account political reasons.

Second; United States court-martial’s findings would be available to Peruvian court and United States witnesses would be made available to Peruvian courts. United States and Peru would appear before world as cooperating hand in hand in solution of this regrettable affair.

Third; President stated he would appoint a lawyer to expedite proceedings to have them over in a matter of few weeks and that his lawyer would “sit at the feet of the judge” to expedite hearings.

I assured President that I would forward his proposal with my recommendation it be approved.

I next saw Foreign Minister at his request who also expressed his approval of proposed settlement and stated he especially desired to get incident settled soon as possible.

Foreign Office this afternoon assigned legal adviser to work out details with chief legal officer Caribbean Defense Command now in Lima subject approval General Crittenberger. Pursuant telephone call Secretary Braden this afternoon legal officers now at work.

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Private Borli inadvertently allowed to leave Peru should be returned as promised Peruvian Government.

Sergeant Eiland’s condition still serious.

Repeated American Embassy Panama for General Crittenberger.

  1. Latter not printed.