795.00/12–2050: Telegram
The Ambassador in Korea (Muccio) to the Secretary of State
priority
[Received December 20—2:11 p. m.]
589. Reference Deptel 467, December 18; Embtel 561, December 11.1 Guards from West Gate and Mapo prisons, Seoul, executed total 39 prisoners tried and condemned by Seoul district court under National Emergency Law Number 1, in major cemetery area just north of Seoul on December 15. Executions were observed by British soldiers, one warrant officer making written report to this [his?] C.O. assuming executions of casual character with doubtful legality, and alleging small girl as well as two boys killed. These allegations reported to UNCURK and to foreign press, latter seeming accept at face value and cabling accordingly. UNCURK informally queries Home Minister and Justice Minister, as well as a Reuters correspondent who had not seen these executions, but who reported on some executions at Sari-won, North Korea, which were quite unrelated but which seemingly latter attempted to connect. (Both Embassy and British Legation previously had investigated Reuters reports on Sariwon, finding that anti-Communist NK guards employed by US civil assistance teams, had conducted Sariwon executions during period UN withdrawal.) Embassy informed today UNCURK has dropped question, following investigation and satisfaction executions, however badly handled, were results sentence passed by legally constituted court accordance with law.2 UNCURK had sent military observer, Colonel White, Canada, to observe exhumation bodies on December 17, which was conducted under orders Home Minister and Justice Minister. Exhumation proved allegations re shooting children wholly false.
[Page 1580]Facts appear to be that civil courts (Seoul district court) from October 1 to December 15, under Emergency Law Number One, promulgated Taejon June 28, convicted, sentenced 391 persons, of whom 242 have been executed, all by shooting. Prewar executions by hanging, but death house destroyed during war, never restored, and prison authorities substituted musketry for rope. Article 12 this law permits execution either by hanging or shooting. Recently, owing uncertainty security, Seoul executions speeded up, leading to these executions. These figures do not include military executions following court martial, whose prisoners are handled separately.
Emergency Law Number One, June 28, states purpose to punish anti-national criminal acts rapidly and strictly in emergency situation caused by NK “puppet group” invasion, provides in article 3 for death sentences for those committing following crimes during emergency period, which period to end when public peace restored: (1) murder, (2) arson, (3) rape, (4) destruction or damage military transportation, communications, water supply, electric or gas facilities, government facilities, maps, important documents, (5) extortion, robbery, illegal distribution munitions or other important (war) materials in large quantities, (6) acts causing jail break. Most those convicted, executed, reportedly charged under (1), (2) or (4) especially (4).
Persons executed December 14–15 had been sentenced by Seoul district court between November 15 and December 10 as being guilty violation one or more of six crimes specified in law as carrying death penalty, youngest were 21 (2) and oldest was 50.
Owing public furor caused by second day’s executions (British troops threatening shoot any guards attempting execute others in their area) and foreign correspondents cabling stories of mass executions without trial (allegedly by police who actually were not involved at all), government has suspended executions for time being until can find suitable execution place and method. Justice Minister reported to cabinet could not have executions in prison area since prisoners (over 5,000 now in West Gate prison) would riot if they heard shots. Embassy officer discussed subject today with Vice Minister Justice and chief penal administration, Justice Ministry, who agreed would cause erection triple gallows enable execution remaining 151 awaiting execution within prison, would not shoot any more.
President has issued orders to Justice Minister hereafter before any one executed his family must be notified, and be permitted take custody of body after death; chaplain of desired faith must be allowed give pre-execution solace and accompany prisoner during execution if requested. This is in addition to normal practice requiring attendance executions by physician and representative public procurator. In cases reported, two physicians and two public procurators were present. President has also stated to press is preparing program for review [Page 1581] capital sentences to see if cannot commute some of them. It is reported that President will issue amnesty list, either on Christmas or New Year’s day, commuting some sentences and paroling or pardoning other prisoners.
Today Vice Minister Justice called at EUSAK headquarters and then at Embassy asking assistance arrange transportation 4700 prisoners from Seoul to Taejon, Taegu and Pusan prisons. These include 300 convicted and given life sentences, and 900 charged but not yet tried who are expected to receive life. Koreans greatly concerned that Communist-oriented prisoners should not be left in prisons for Communists to release if they should take Seoul. Last June Communists opened West Gate and Mapo prisons, armed prisoners, and many of latter became greatest scourge of Seoul citizens during Communist occupation, even more so than invading army. This memory haunts many Koreans, who are determined not to have the experience repeated.
Understand Korean Government intends issue statement explaining these facts.
Embassy believes same correspondents misunderstood President’s reference to speeding up trials (Embassy officer was present). December 12, President had paid surprise visit to West Gate Prison, with Home Minister and Justice Minister, made careful inspection, left order (1) improve food and sanitation; (2) improve quality prison, hospital care; (3) speed up trial of prisoners so innocent could be released and present long delays before trial be ended. Embassy understands was reference to this which President made at press conference, rather than saying had urged speed up of executions.
Repeated information Tokyo unnumbered.