96. Memorandum of a Conversation, Department of State, Washington, October 19, 1959, 4:45 p.m.1
SUBJECT
- Israel Government Interest in Damascus Trial of Six Syrian Jews
PARTICIPANTS
- H.E. Mr. Avraham Harman, Israeli Ambassador
- Mr. Yaacov Herzog, Minister, Israeli Embassy
- The Under Secretary for Political Affairs
- NE—Nicholas G. Thacher
- NE—William D. Brewer
Ambassador Harman said that he had just received an oral message from Foreign Minister Meir to the Secretary. Under Secretary Murphy commented that the Secretary had asked him to receive the message in view of Governor Herter’s absence from the city. Ambassador Harman then referred to two conversations which Minister Herzog had had with Deputy Assistant Secretary Hart on this question in the past week2 and said that Mrs. Meir was grateful for the interest which the Department had already shown in this question. However, she expected the trial to be concluded on October 21, following a brief defense presentation. Despite the doubtful nature of the charges, Mrs. Meir feared that the death sentences would be approved by the court and the executions carried out almost immediately thereafter. She had accordingly requested Secretary General Hammarskjold to do what he could with the UAR to ameliorate the prospective sentences. However, there continued to be concern and very great public excitement in Israel over this question. Mrs. Meir said she had so far refrained from public comment on the issue but this had placed an added responsibility on her to explore all possible means of ameliorating the prospective sentences. She therefore requested that the full moral pressure of the United States be brought to bear on this question.
Ambassador Harman commented that, while the foregoing comprised Mrs. Meir’s message, he wished also to emphasize that the current trial had caused concern in Israel particularly among families of Syrian origin. If death sentences were passed and carried out, the feeling of tension in the country on this question would be increased. He therefore suggested the Department communicate with UAR Foreign [Page 211] Minister Fawzi on this question and ask Ambassador Hare to raise the matter personally with the President of the UAR. Mr. Murphy inquired what Ambassador Harman thought we might say in such circumstances. Ambassador Harman replied that he supposed one would say one did not wish to intervene in President Nasser’s affairs but would like to point out that carrying out the sentences demanded by the prosecutor would have repercussions throughout the world, including the United States, and would hardly be likely to improve the current atmosphere surrounding Near Eastern questions. He asserted that Israel had handed down no death sentences against Arabs, much less carried them out, even in cases involving fedayyin. Mr. Murphy noted that it was an assumption that the Damascus court would approve death sentences for the accused, since the matter was still sub judice. This made it doubly difficult for action to be taken. We were, however, sympathetic, and he had discussed the problem with the Secretary the previous evening in an effort to work out steps which the United Staes might take which would be effective, not counterproductive.
Mr. Herzog noted that, with respect to the sub judice argument, the sentences had not yet been passed, and the prosecutor could presumably in his summation modify his earlier request for the death penalty. Ambassador Harman observed that the defendants had been accused of attempting to expatriate themselves to Israel and of seeking to join the Israel Defense Force. Presumably the prosecutor could present proof of attempted expatriation but not of intention to join a foreign army. It might be easier to obtain modification of the prosecutor’s request now rather than to seek clemency for the accused after the death sentences had been pronounced. Ambassador Harman recalled in this connection the difficulties experienced several years ago in the case of several Egyptian Jews sentenced to death in Cairo for espionage. Mr. Herzog remarked that it might be helpful in any communication with President Nasser to note that he had, in a recent press interview, declared as a matter of policy that the UAR opposes bloodshed and executions. Evidence that this was not the case would cause serious repercussions throughout the world as well as in the Near East. Hope could be expressed that President Nasser might find a way to ameliorate the sentences on humanitarian grounds.
Mr. Murphy agreed but said that we feared such action might prove harmful to the accused by arousing resentment on the part of UAR officials who would then make greater efforts to carry out the maximum sentences. The best channel for the present seemed to be the UN Secretary General who was actively working on this problem. We had conveyed our support of his endeavors. At the same time we had also given Ambassador Hare full discretion to take whatever action [Page 212] he might deem helpful in the circumstances.3 Ambassador Hare was on the spot and was therefore the best judge of what might be useful. Ambassador Harman should inform Foreign Minister Meir that the Department desired to be as helpful as possible on this matter, that we wished to avoid the development of a nasty, emotional situation but that we sought to avoid actions which [would make] the situation worse. Mr. Herzog again referred to the possibility that death sentences might be passed and carried out soon after October 21. Mr. Murphy felt that such action would be extremely summary. Mr. Brewer observed that, according to our Consulate General in Damascus, the trial had begun on August 30 and the prosecution had not completed its presentation until October 4. Mr. Murphy commented that, in these circumstances, it would appear most unusual for the defense to be given only a few hours for its presentation. We would hope to have comments from Ambassador Hare shortly and meanwhile would send another telegram to Cairo authorizing our Embassy to inquire informally of President Nasser regarding the status of this matter.4
- Source: Department of State, IO/UNP Files: Lot 79 D 215, Palestine—General. Secret. Drafted by Brewer on October 22 and approved by M on October 26. A briefing paper for the conversation, October 19, is ibid.,NEA/NE Files: Lot 65 D 5.↩
- Herzog discussed the question on October 14 and 16. A memorandum of the latter conversation is ibid.,IO/UNP Files: Lot 79 D 215, Palestine—General; a briefing paper for the former is ibid., Central Files, 611.84A/8–1459.↩
- The instructions to Hare were transmitted in telegram 75 to Aleppo, October 16. (Ibid., 886B.411/10–1659)↩
- On October 21, the Embassy in Cairo reported that the message had been passed to Nasser. (Telegram 1228 from Cairo; ibid., 886B.411/10–2159)↩