Foreign Relations of the United States, 1969–1976, Volume E–11, Part 1, Documents on Mexico; Central America; and the Caribbean, 1973–1976

95. Telegram 5998 From the Embassy in Mexico to the Department of State¹

Mexico City, May 11, 1976, 0016Z.

5998. Subj: Foreign Secretary’s Response to Secretary Kissinger’s Letter on AmCit Prisoners in Mexico. Ref: Mexico 5528.

1. Embassy is impressed by positive nature of reply of ForMin Garcia Robles to Secretary’s letter on AmCit prisoners in Mexico (reftel). While containing predictable denial of mistreatment of AmCits, it is interesting that it is cast in the context of non-discrimination (i.e., Mexican prisoners here are treated just as badly). Our experience indicates that there is little discrimination against AmCit prisoners although they may be more subject to extortion because they have (or are believed to have) more money than the average Mexican prisoner.

2. ForMin’s reply also interesting for its recognition of the special psychological and sociological stresses to which AmCit prisoners are subject in Mexican jails, in a foreign country far from family and friends, and its proposal (the first time from the GOM, so far as we are aware) that consideration be given to an agreement for an exchange of prisoners.

3. Embassy realizes that there may be substantial legal and political obstacles to reaching such an agreement on the part of the U.S. (conceivably, ForMin is making this proposal on the assumption that the USG cannot respond affirmatively). But Embassy urges that this proposal be thoroughly explored. In any event, it seems to us that the ForMin’s reply can be useful to us in that it opens the way for the U.S. to make proposals of its own to deal with this vexing problem.

4. We are uncertain of the extent to which ForMin may have vetted his proposal in other departments of GOM. Needless to say, any public disclosure by the U.S. side would be extremely damaging to the prospects for success of his proposal or any counterproposal we might wish to make.

Jova

1. Summary: The Embassy commented on García Robles’s suggestion that the U.S. and Mexican Governments explore a possible agreement that would allow Americans convicted of crimes in Mexico, and Mexicans convicted of crimes in the United States, to serve their sentences in their respective home countries.

   Source: National Archives, RG 59, Central Foreign Policy File, D760180–0933. Confidential; Limdis. In telegram 5528 from Mexico City, April 29, the Embassy transmitted the Spanish text of García Robles’s March 25 letter to Kissinger. (Ibid., D760166–0336) In telegram 6025 from Mexico City, May 11, Jova reported that García Robles’s proposal for an agreement on the transfer of prisoners was “a personal and semi-official idea on his part” but that the Foreign Secretary recognized “that the prisoner issue is bound to cause trouble between the two governments” and was “proud of having produced an innovative idea as a basis of discussion.” (Ibid., D760182–0535)