265. Telegram From the Embassy in the Federal Republic of Germany to the Department of State1

2521.

SUBJECT

  • Policy and Procedures on Asylum Cases in East Berlin.

REF

  • (A) State 24489,2
  • (B) State 235983
1.
Summary. The FRG has asked that the U.S., French and British Embassies in East Berlin not reject any Germans seeking asylum, that the FRG permanent representation in East Berlin be informed quickly of any German asylum cases, and that, if the asylum seeker cannot be persuaded to leave voluntarily, GDR lawyer Vogel be brought into the [Page 814] case. The permanent representation has been instructed to be at the disposal of the three Embassies in such cases. End summary.
2.
The Director of the Office for Berlin and All-German Affairs (Kastrup) called representatives of the U.S., French and UK Embassies to the Foreign Office January 27 to discuss asylum cases in East Berlin. Kastrup said that the FRG had earlier in the day held a strategy session on how further asylum cases should be handled which was attended by Inner-German Affairs Minister Windelen, Chancellery State Minister Jenninger, State Secretaries Rehlinger from the Inner-German Ministry and Meyer-Landrut from the Foreign Office, and Permanent Representative to the GDR Braeutigam. As a result of this meeting, Kastrup had been instructed by the government to ask the allied Embassies to transmit three requests to their governments.
3.
First, the FRG strongly urges the three governments to instruct their Embassies in East Berlin not to reject any German seeking asylum and not to use force to remove an asylum seeker from the Embassy. Kastrup noted that the FRG had heard of cases in which persons had been ejected from Embassies. He said that if news of such an action became public, there would be a public discussion in the FRG which would be embarrassing both to FRG and to the government involved.
4.
Second, the FRG would be grateful if Embassies in East Berlin would provide to the FRG Permanent Representation as soon as possible information on any individual cases, in particular the names of those involved and other personal data. Kastrup said the Permanent Representation would use the information to check its own files to see if the person had applied for permission to emigrate and for any other helpful information.
5.
Third, the FRG suggests that the Embassies try to persuade persons requesting asylum to leave the Embassy voluntarily. In this connection, the Embassy may inform the asylum seekers that the FRG Government will try to make an arrangement so that they would not be punished for their act. If these efforts fail, the GDR lawyer, Wolfgang Vogel, should be contacted. This can be done either directly by the government concerned or through the FRG Permanent Representation. The Permanent Representation has been instructed to be at the disposal of any of the three governments if they wish.
6.
Kastrup asked that the Embassies inform their governments of these proposals and then inform the FRG if the procedures are acceptable. He said that this approach was being made only to the three allied governments.
7.
Kastrup also noted that the FRG did not intend to close down access to its Permanent Representation or to select visitors to it. He also said that the FRG press spokesman had been instructed to hold firmly to the line that the FRG would not comment on asylum cases.
8.
Comment: We strongly urge that whenever possible the FRG be the intermediary with GDR lawyer Vogel in these kinds of cases. In our view, the U.S. should consider engaging Vogel directly only in cases clearly involving non-Germans.
9.
The Department may wish to repeat this message to Embassy Berlin.
Burns
  1. Source: Reagan Library, Executive Secretariat, NSC Cable File, Europe (State) NODIS IN (01/21/1984–04/23/1984). Confidential; Immediate; Nodis.
  2. Telegram 24489 to East Berlin, January 26, provided instructions to the Embassy on how to handle the initial asylum seeker who had sought refuge at the Embassy, including denying him food and water. (Department of State, Central Foreign Policy File, N840002–0140)
  3. Telegram 23598 to Bonn, January 26, transmitted a message of thanks to the Federal Republic of Germany for its aid in dealing with the sit-ins by asylum seekers in the Embassy in East Berlin. (Department of State, Central Foreign Policy File, D840053–0247)