85. Action Memorandum From the Administrator of the Bureau of Security and Consular Affairs (Walentynowicz) to Secretary of State Kissinger1
American Prisoners in Mexico
The Problem
Approximately 1700 United States citizens are incarcerated in various countries around the world on narcotics offenses, as a result of the program of international cooperation on narcotics control. Some 500 of these United States citizens are so incarcerated in Mexico; few of these privately deny having drugs in their possession, usually in large quantities. Since late in the fall of 1974, the Department has received a substantial number of allegations concerning maltreatment (including allegations of torture), extortion by Mexican attorneys, and procedural violations of rights of confined Americans in Mexico.
The allegations were eventually collected in a resolution of inquiry introduced in the House of Representatives by Congressman Fortney H. (Pete) Stark (D. Cal.) with some 16 seconding signatures. As a result, SCA and ARA have participated in three hearings of the House Subcommittee on International Political and Military Affairs chaired by Congressman Dante B. Fascell (D. Fla.). In addition, there have been identical resolutions introduced by Senators Cranston (D. Cal.) and Tunney (D. Cal.) and by Congressman Steelman (R. Texas). These resolutions, if passed, would in part seek to put into effect the provisions of 22 U.S.C. 1732, the implementation of which could theoretically obligate the President to take strong action, short of war, when a U.S. citizen has been deprived unjustly of his liberty by a foreign power. (A [Page 281] lawful arrest is not, of course, an unjust deprivation of liberty.) However, the principal concern of the Subcommittee is the Mexican treatment of arrested Americans.
At the April 29–30 hearings, at an Executive Session on July 21, 1975, and again in a televised hearing on October 22, the Department reported on the intensive investigations it had undertaken of the allegations raised by prisoners and on the Department’s findings. (To date, we have found confirmed evidence of physical abuse in only a small percentage of cases in which it is alleged, but a larger percentage of denial of other rights.) Nevertheless, because of the issues raised, the concerns expressed, and in order to establish the necessary credibility in the manner we perform our welfare and protection services, the Department has committed itself to a review of all cases of Americans imprisoned in Mexico. The progress reached through these case reviews and through government negotiations will be monitored by the Subcommittee in hearings at approximately 60 day intervals until March 1, 1976 when the Department must have completed its review.
We are now concentrating on achieving timely and consistent consular notification of arrest of, and access to American citizens (to inhibit physical abuse), and enforcement of Mexican legal and penal system guarantees as well as universally accepted human rights (to mitigate denial of rights complaints). Ambassador Jova in Mexico is continuing to negotiate at the highest level towards this goal, and important developments have occurred. However, only 4 of 23 Notes of Protest have been acknowledged, and high-level discussions such as my conversation with the Mexican Attorney General have not produced all the improvements we seek. Abuses are still alleged to occur too frequently.
We believe it vital at this point to demonstrate to the public and Congress within the next 45–60 days (or sooner) that we have made every effort to sensitize the highest levels of the Mexican Government so as to resolve the problem. In a letter dated October 29 to you (Tab 3) Chairman Fascell and all the members of the Subcommittee have requested that you bring this matter “forcefully” to the attention of the Government of Mexico. We do not believe that there would be negative costs to such a letter in terms of our relations. While we do not expect a direct response on the issue, it would serve to inform higher levels of the GOM of our concern that strict prosecution of drug traffickers is not incompatible with humane and proper treatment. The Fascell letter calls for other measures—such as increased Departmental resources to handle arrest cases in Mexico, and possible new procedures on the return of confiscated property—concerning which ARA and SCA are preparing a reply for Ambassador McCloskey’s signature.
Recommendation:
That you sign the attached letter (Tab 1) to Foreign Minister Rabasa and telegram (Tab 2) to Ambassador Jova authorizing him to sup [Page 282] plement personal delivery of the letter with an oral representation of the problem alluding to increasing congressional and news media attention.
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Summary: Noting increased congressional concern about the treatment of U.S. citizens held in Mexican prisons on narcotics-related charges, the Department recommended Kissinger send a letter on the subject to Rabasa.
Source: National Archives, RG 59, Central Foreign Policy File, P750188–0564. Confidential. Drafted by Alan Gise in SCA/SCS, and cleared by Rogers and Richardson and in draft by Dreyfuss, Gantz, and Vance. Sent through Eagleburger, who wrote, “HAK: The Mexicans really have been outrageous and efforts at below your level of only marginal utility.” Tab 1—Letter to Foreign Minister Rabasa, Tab 2—Telegram to Ambassador Jova in Mexico City, and Tab 3—Letter from Chairman Fascell, are not attached and were not found. In an October 24 memorandum to Ingersoll, Rogers noted that “the press and Congress have been critical of State Department handling of complaints by Americans imprisoned in Mexico.” (Ibid., ARA/MEX Files, Lot 78D235, PER–Ambassador Joseph John Jova, 1973–1975) In telegram 282563 to Mexico City, December 1, the Department transmitted the text of the letter from Kissinger to Rabasa on the prisoner issue with instructions to deliver the signed original. (Ibid., Central Foreign Policy File, D750416–0872)
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