861.20211 Gubitchev, Valentine/4–2649: Telegram

The United States Representative at the United Nations (Austin) to the Secretary of State

529. Tolokonnikov furnished $100,000 bail for Gubitchev in form of certified Embassy check, dated April 12, before the Federal Court of the Southern District of New York this afternoon. Conditions attached to bail were that Gubitchev not leave the Southern District of New York nor enter upon a pier, dock or vessel, airport or airplane within that district. Bail was furnished and receipt given Tolokonnikov in his personal capacity, not as a government official, upon insistence of court.

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Tolokonnikov objected at some length to “unusual” conditions, asserting that Gubitchev had no intention of being near piers or ships since he had nothing to look for or find there. Requested that statement be included in bail bond that this did not prejudice question of diplomatic immunity. He said that conditions were another proof that especially unfavorable conditions were being created for Gubitchev. Court ruled that conditions were not unreasonable in view of the charges against Gubitchev, and stated that it was not concerned at this time with the plea of immunity.

Gubitchev, before Tolokonnikov spoke, said he did not object to conditions, but, upon hearing the foregoing argument, raised objections to the conditions, stating that “the unprecedented bail even for American standards” was sufficient. He said he was poor, honest, a diplomat, not guilty, and did not intend to flee the jurisdiction of the court.

Tolokonnikov suggested that submarines, helicopters, and balloons be added to list of conditions of bail bond. He backed down when court said that he was certain Tolokonnikov did not mean to be facetious and intend to make mockery of the proceedings.

The bail bond was read by interpreter to Gubitchev and Tolokonnikov with Novikov1 participating as Soviet interpreter-observer.

Photostatic copies of bail bond given Russians.

  1. Yury Vasilyevich Novikov was Second Secretary in the Embassy of the Soviet Union.