740.5/10–2351: Telegram
The Acting Secretary of State to the Embassy in the United Kingdom 1
2211. Ref Depto 495 Oct 23.2 As you will recall problem protecting Western natls in Eastern Eur placed on agenda recent Tri Mins’ mtg Wash.3 Since discussions fell behind schedule not possible take up certain items including this one.
Dept continues attach great import this matter and feel it is of common interest all Western countries. Oatis case and arrest and trial Pintori, clerk at Ital Leg Bucharest, by Rumanian auths, represent most flagrant mistreatment Western natls and official reps by Eastern Eur satellite regimes.4 West is faced in such cases with sheer acts of provocation which, having nothing to do with justice, are intended only serve polit purposes Commie states. If these acts are not halted by strong action on part West, Commie regimes will only be encouraged commit even bolder offenses designed destroy prestige West, harass Western Dipl Missions, and terrorize their own natls. In these circumstances US has initiated series vigorous unilateral measures connection Oatis case, such as prohibition private travel of Amer citizens to Czecho, pressing case in Econ and Soc Council, embargo on exports, and drastic discouragement imports, planned exert increasing pressure on Czech auths. It has also concerted with other interested countries joint action as in suspension permission for Czech Airlines overfly Western Ger. This Gov has also taken the lead in endeavor have the Western countries demonstrate to Rumanian Gov case Pintori is of interest to each of them and express their opposition to such action by appropriate parallel representations.
[Page 1297]Dept believes Western countries have too often in past failed deal effectively with these cases because they have been prone consider arbitrary arrest and unexplained imprisonment as natl problem and rely on unilateral dipl reps and reprisals. They have been willing in certain cases utilize polit measures in defense their natls such as closing Commie consular estabs or expulsion natls of Eastern Eur countries. They have been reluctant use econ sanctions for fear counter retaliation interfering with essential trade and fulfilment trade agreements, compensation for natlized property and payment other obligations by Commie Govs.
Western countries have apparently been deterred from taking retaliatory measures support country of primary interest in given case or from participation in any extensive joint reprisals by (1) belief indiv incident is of practical importance only to country involved; (2) insuff recognition these incidents as acts force combined with feeling accused natl or official may be guilty to some degree; and (3) concern not to “rock the boat”.
US strongly believes it essential make more effective by joint or parallel action efforts Western states protect their natls and official reps in Eastern Eur from arbitrary arrest and imprisonment. Our objectives are to:
- (1)
- Obtain recognition principle these Commie provocations against Western natls are a concern to all members Western community;
- (2)
- Obtain in approp cases application this principle in form joint or parallel reprisals in order demonstrate arbitrary arrest Western natls by Commies is an unprofitable undertaking;
- (3)
- Uphold prestige West gen in face such Commie provocations.
In order advance these objectives you are requested bring this problem and US views connection with it before Deputies in whatever form you may consider in your discretion most approp. We shld like to see agreement in fol sense adopted:
“That unjust arrest and imprisonment as well as unexplained disappearance their natls in Eastern Eur is matter of joint concern to all members NATO and it is in their mutual natl interest to stem and, if possible, prevent recurrence such incidents;
That to this end NATO states shld reinforce unilateral action they may take in indiv cases by common or similar measures, both polit and, where advisable, econ; and
That NATO states undertake to consult in appropriate cases with view to effective implementation this principle.”
Realize (reftel) you proposed “exchange of views” by CD on this subj and that it might be embarrassing ask CD to take early action [Page 1298] along foregoing lines. We therefore leave it you to judge how far it is possible to go at this time.5
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Drafted by Vedeler (EUR/EE) who apparently cleared it with Barbour and Higgs of EUR/EE as well as with Stuart (CON) and Parsons (EUR/RA).
Secretary Acheson was in Paris, for the Sixth Session of the U.N. General Assembly, and in Rome, for the Eighth Session of the North Atlantic Council.
↩ - In telegram Depto 495 Ambassador Spofford reported that at the previous day’s meeting of the North Atlantic Council Deputies he had suggested the topic of protection of North Atlantic Treaty country diplomats and nationals in Eastern Europe be considered by the Council Deputies for an early exchange of views. Spofford asked for instructions. (740.5/10–2351)↩
- The U.S., British, and French Foreign Ministers met in Washington, September 10–14. For documentation on the meetings, see vol. iii, Part 1, pp. 1163 ff.↩
- For documentation on the arrest and trial in Czechoslovakia of Associated Press correspondent Oatis and measures taken by the U.S. Government in response, see Documents 670 ff. For documentation on U.S. reaction to the arrest and trial in Romania of Italian Legation clerk Pintori, see Documents 754 ff.↩
- Despatch 2039 from London, November 2, replied to this telegram that part of the difficulty in obtaining agreement on the principle of joint or parallel action for the protection of Western nationals in Eastern European countries was the view of some of the members of the Council Deputies, such as the United Kingdom, that support was lacking in international law for demands of release or for the exercise of other claims to protection on behalf of Western nationals arrested and sentenced in Eastern European countries. The Embassy requested an opinion from the Department of State on the legal point at issue. (740.5/11–251)↩