249.1111 Hvasta, John/12–3153: Telegram

No. 53
The Ambassador in Czechoslovakia (Johnson) to the Department of State

secret

243. In thirty minute informal talk with President following presentation credentials this morning1 I took initiative in raising Hvasta case2 making presentation along following lines:

Upon arrival I found myself confronted with this most troublesome and urgent problem for both governments and also as its resolution will probably require official act on part of President I raise it with him at this time. Case is long, complex, controversial and do not desire enter into detailed discussion thereof with President. Fully appreciate difficult problem it presents but am confident with cooperation President, Foreign Minister and myself can work out mutually satisfactory solution. Apart from own importance case urgent because appears have interrupted considerable progress made toward restoration more normal relations following release Oatis and difficult to see how further progress can be made until resolved. Fortunately no publicity thus far but longer solution delay greater possibility knowledge of case becoming public. In that event am personally greatly concerned over affects on public and congressional opinion in US fearing result could even be setback considerable progress in restoration more normal relations since Oatis release. At this point made clear I was expressing only frank personal estimate situation as viewed by self and not making threat. Also expressed opinion important urgently resolve case in order remove all possible irritants which could conceivably jeopardize successful outcome for the coming Berlin four-power meeting.

President was obviously prepared to have case raised and replied at some length. Because of not too satisfactory interpretation I am not able reach firm conclusions with regard to extent to which Czechs may be prepared to go meet our point of view on Hvasta. However, the President’s manner and tone of remarks as interpreted can be characterized as somewhat encouraging. While reiterating Czech jurisdiction over foreigners committing crimes in Czechoslovakia President did not make any demand for his surrender and referred to Oatis case as example possibility of working out mutually [Page 130] satisfactory solutions within framework Czech law where foreigners arrested. He made somewhat cryptic remark which was not too well interpreted with regard to necessity keeping agreements in such cases which he did not follow up or further elaborate but which I interpreted as possible reference to US statements concerning overflights made connection Oatis release. He promised his cooperation in working out solution Hvasta case, expressed confidence in finding a mutually satisfactory solution, and accepted my suggestion that Foreign Minister and I urgently follow up question.

Immediately following conversation at which both Foreign Minister and Chief Protocol were present I asked Chief Protocol for appointment Foreign Minister at earliest possible date, if possible January 4.

At meeting with Foreign Minister I propose refer suggestion Foreign Ministry prepared recommend pardon and suggest solution can be found in sufficiently expediting such procedures as permit the completion and arrangements for Hvasta departure from country within a period of several hours during which I would personally deliver Hvasta to technical custody of Minister of Justice or other appropriate official. Dependent upon course of conversation I will propose alternative solution under Article 276 of Criminal Code providing for remission of sentence and deportation. I will, of course, as circumstances require, reiterate impossibility returning Hvasta for renewed imprisonment but plan to give Czechs maximum opportunity to work out solution they could consider as “face saving”.3

Johnson
  1. U. Alexis Johnson was appointed Ambassador to Czechoslovakia on Nov. 10. Wadsworth left post on Oct. 30.
  2. Jan Hvasta was an American citizen who had been convicted of espionage in Czechoslovakia in 1948 and imprisoned since then.
  3. Following several interviews with Foreign Minister David during January, a provision for the expulsion of Hvasta from Czechoslovakia was finally agreed upon in a conversation between Johnson and Široký on Jan. 29. A summary of this conversation was transmitted in telegram 286 from Prague, Jan. 30. (249.1111 Hvasta, John/1–3054) Hvasta was expelled from Czechoslovakia on Feb. 4.