100. Telegram From the Department of State to the Embassy in Czechoslovakia1

250945. Belgrade for USCSCE Del, Munich for Gilmore. Subject: Major Charter 77 Figures Reportedly Convicted and Sentenced. Ref: Munich 2963.2

1. According to Reuters reports received here, trial of major Charter 77 activists (Vaclav Havel, Frantisek Pavlicek, Jiri Lederer, and Ota Ornest) on charges of anti-state activity, subversion, and contact with such exiles as Pavel Tigrid and Jiri Pelikan began on October 17. Defendants were originally apprehended for, inter alia, assisting in the distribution in the West of Czechoslovak literature banned by the regime. Reuters states that sources close to the defendants report that [Page 298] the four defendants were convicted and sentenced on October 18. Reportedly two of the four received prison terms and two suspended sentences.

2. During an Eastern European Embassy reception on evening of October 17, EUR/EE Deputy Director raised subject of the trial with Czechoslovak Ambassador Johannes, who, claiming that he had only seen US press reports, said trial was not connected with Charter 77.

Department officer said he thought this would be hard for the American public to believe in light of fact that most of the defendants were prominent figures in the Charter 77 effort. He indicated we were concerned by implications of the press reports we had seen and noted his view that such events could not help but have a negative effect on the atmosphere of our bilateral relations. Johannes reacted rather sharply, saying that the trial was an internal Czechoslovak action and that the US should not interfere in such matters. In response, Department officer said we had no intention of interfering in Czechoslovakia’s internal affairs; he had simply wished to point out how such actions would undoubtedly be perceived in this country.

3. Septel contains text of contingency press guidance prepared for Department’s noon press briefing on October 18, and the exchange between the spokesman and reporters which took place. Action addressees may draw on this guidance as required.3

4. Action requested: The Ambassador should, as soon as convenient, convey to the Czech Government the following:

—The trial and the convictions of four Czech citizens reported in the press appears inconsistent with the provisions of the CSCE Final Act regarding the freer and wider dissemination of information of all kinds.

—Moreover, three of the individuals tried had been directly associated with efforts to support full compliance with the Helsinki Final Act.

—This trial taking place during the opening phase of the Belgrade Conference raises questions about the seriousness and intent of the Czech Government regarding the objectives of this conference and the Final Act itself.

—We raise this issue in the spirit of the Helsinki Final Act fully realizing that judicial proceedings are essentially an internal matter.

[Page 299]

—Yet since the reported activities of these individuals so directly relate to the objectives of the CSCE Conference we believe it essential that the authorities in Czechoslovakia understand that we expect adverse reactions from the American people and that these events are likely to have a negative impact on the atmosphere in our bilateral relations.4

Vance
  1. Source: National Archives, RG 59, Central Foreign Policy File, D770384–0432. Confidential; Immediate. Drafted by Glenn; cleared in substance in EUR and cleared by Kornblum, Brody, Schmidt, Nimetz, and Shulman; approved by Luers. Sent for information Priority to Munich. Sent for information to Belgrade for the USCSCE delegation.
  2. Telegram 2963 from Munich to Prague, October 7, reported that RFE management had informed the Consulate that four Charter 77 activists (Havel, Pavlicek, Lederer, and Ornest) were to be tried for anti-state activities in Prague starting October 17, and requested that reporting on the subject also be sent to Munich for information. (National Archives, RG 59, Central Foreign Policy File, D770366–0499)
  3. The Department forwarded press guidance in telegram 250946 to Prague, October 19, following the speedy trial and conviction of the four Charter 77 leaders. (National Archives, RG 59, Central Foreign Policy File, D770384–0430) Additional press guidance was forwarded to Prague and Belgrade in telegram 251229, October 19. (National Archives, RG 59, Central Foreign Policy File, D770384–0917)
  4. In telegram 3072 from Prague, October 21, the Embassy reported that Ambassador Byrne delivered the démarche on the trial and conviction of the Charter 77 activists in Prague on October 18 to the Foreign Minister. (National Archives, RG 59, Central Foreign Policy File, D773089–0398) On October 22, during a speech in Los Angeles at a Democratic National Committee fundraiser, President Carter told the audience that the recent conviction of Czechoslovak dissidents created “serious problems” in the relationship between the two countries. (Public Papers: Carter, 1977, Book II, p. 1896) During a White House press conference on October 27, President Carter responded to a question about South Africa’s human rights violations by once again referring to Czechoslovakia’s conviction of dissidents. Carter suggested that trade policy and cultural exchanges could be curtailed when another country violated policies that were important to the United States. (Public Papers: Carter, 1977, Book II, p. 1916)