Office of the Historian

131. Telegram From the Department of State to the Embassy in Japan1

Washington, May 1, 1957.

2381. Embtel 2413.2 Somagahara shooting case. Department considers contention that offense with which Girard charged arose out of an act done in the performance of official duty of dubious validity in light of facts contained FE 8043663 which are said to be undisputed. Question is also raised whether, since interpretation of Administrative Agreement involved, position that US has primary right exercise jurisdiction should have been taken in Joint Committee without approval of Department. However, Department has seen info copy DA 921933 from TAG to CINCFE.4 Since effect of this instruction will probably be to render legal question moot by allowing Girard be tried by Japanese authorities Department considers it unnecessary at this time to render an opinion on legal meaning of section 3(a)(ii) Article XVII Administrative Agreement as applied to Girard case.5

Herter
  1. Source: Department of State, Central Files, 711.56394/4–2557. Confidential; Priority. Drafted and approved in L/EUR and cleared in NA. The time of transmission is illegible on the source text.↩
  2. Document 129.↩
  3. Not printed.↩
  4. Supra.↩

  5. DA 822301 from the Department of the Army to CINCFE, May 3, reads as follows:

    “This is an Executive Agency Message.

    “Info copy Embtel 2413 from State to Ambassador Tokyo received DA not coordinated with Dept of Def and is not to be considered as altering instructions contained in DA 921933.

    “Instructions DA 921933 reaffirmed.” (Department of State, Central Files, 711.561/5–2057; also attached to Document 137)

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