https://declassified.library.utoronto.ca/files/original/442206ecfad84a147dccec1abdec2c4e.pdf 236bde3cea0a9eb517bdf5d211c82dc3 PDF Text Text 7 "< • poP C O N F I D E N T I A L QJT^ FM BONN OCT7/70 NO/MO STANDARD TO TT EXTER / «&?*-£ 1071 IMMED DE LDN REF YOURTEL FLE 1425 OCTS KIDNAPING OF DIPLOMATS WE DISCUSSED LEGAL POSITION ADOPTED BY FGR AT TIME OF VON SPRETI KIDNAPING WITH STROTHMANN,HEAD OF FOURTH LEGAL DIV WHO WAS JOINED BY OFFICIAL WHO HAD BEEN COUNSELLOR IN GUATEMALA AT THAT TIME.THEY SAID THEIR POSITION HAD BEEN FIRMLY BASED OH ARTICLE 29 OF VIENN CONVENTION REQUIRING RECEIVING STATES TO TAKE.ACCORDING TO THEIR TRANSLATION,QUOTE ALL POSSIBLE MEASURES UNQUOTE TO PROTECT DIPLOMATS FROM ATTACK.THEY INTERPRET ARTICLE 29 A3 CONTINUING TO REQUIRE THAT ALL POSSIBLE MEASURES BE TAKEN AFTER KIDNAPING HAS OCCURRED SINCE ATTACK ON PERSON AND FREEDOM CONTINUES.THEY NOTED INCIDENTALLY THAT ARTICLE 4 0 OF CONSULAR CONVENTION ALTHOUGH WORDED SOMEWHAT DIFFERENTLY IMPOSES SAME ESSENTIAL OBLIGATIONS. 2.STROTHMANN OBSERVED THAT GUATEMALAN PROBLEM DIFFERED IN SEVERAL RESPECTS FROM OURS.GUATEMALAN RELUCTANCE TO MEET KIDNAPERS DEMANDS WAS BASED ON CONTENTION THAT TO DO SO IN CERTAIN CASES WOULD UNDERMINE THEIR CONSTITUTION.FGR POSITION HAD BEEN THAT INTERNATL OBLIGATIONS OVERRIDE NOT/NOT ONLY NATL LEGISLAT ION,WHICH GUATEMALANS CONCEDED,BUT ALSO CONSITUTION,WHICH GUATEMALANS DISPUTED.MOREOVER IN GUATEMALAN CASE THERE HAD BEEN NO/NO BASICALLY IRRELEVANT DEMAND SUCH AS THAT CONCERNING POST OFFICE WORKERS. 3.COUNSELLOR SAID HE HAD TRIED TO PERSUADE GUATEMALANS TO BARGAIN EG TO DISTINGUISH BETWEEN CONVICTED PRISONERS AND THOSE AWAITING �PAGE TWO 1071 CONFD MO/NO STANDARD TRIAL AND TO MAKE COUNTER OFFER.HE ADDED THAT HE HAD GIVEN SIMILAR COUNSEL TO URUGUAYAN EMB INFORMALLY WHEN THEY FACED THIS PROBLEM. HE MAINTAINED THAT MAKING COUNTER OFFER HAD CERTAIN ADVANTAGES INCLUDING PUBLIC RELATIONS CONSIDERATIONS, 4.STROTHMANN SAID FGR ATTITUDE SHOULD BE CONSIDERED IN RELATION TO THEIR DOMESTIC LEGISLATION.BECAUSE OF BLACKMAIL ARRESTS OF EG FGR TOURISTS WHICH EAST BLOCK COUNTRIES HAVE MADE FOR MANY YEARS WHEN SPIES ARE CAUGHT IN FGR FOREIGNERS CONVICTED OF CRIMES CAN NOW LEGALLY BE DEPORTED WITHOUT SERVING SENTENCES.FGR NATLS PRESENT DIFFICULT LEGAL PROBLEM IF THEY ARE STILL AWAITING TRIAL.HOWEVER AFTER THEIR CONVICTION THEIR DISPOSAL INVOLVES DIFFERENT ELEMENTS AND THEIR RELEASE CAN BE EFFECTED WITHOUT DISTURBING ESTABLISHED LEGAL PROCEDURES, 5.SUMMING UP STROTHMANN SAID IT WAS HARD TO SAY HOW FAR OBLIGATIONS UNDER VIENN CONVENTION COULD BE PRESSED.AS CLOSE OBSERVERS OF KIDNAPING PROBLEMS FGR HAD NOTICED THAT VIEW THAT GOVTS SHOULD NOT/NOT YIELD OR KIDNAPPERS DEMANDS WOULD KEEP.GROWING WAS BECOMING MORE PREVALENT.ANY GIVEN CASE HAD ACCORDINGLY TO BE EXAMINED POB IT J.CAL.L Y AND FROM OTHER ANGLES AS WELL AS IN LIGHT OF VIENN CONVENTION. RFT 071537Z 000539 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context CDTF00012 Title A name given to the resource Bonn to External 1071 Date A point or period of time associated with an event in the lifecycle of the resource 7-Oct-70 Source A related resource from which the described resource is derived Political Affairs - Internal Security - Task Force on Kidnapping - Policy, RG25, vol. 25741, 20-22-TFK-1, part 1, Library and Archives Canada (LAC). Creator An entity primarily responsible for making the resource Department of External Affairs Rights Information about rights held in and over the resource Canadian Crown Subject The topic of the resource October Crisis, TFK Description An account of the resource Kidnapping of Diplomats Publisher An entity responsible for making the resource available Canada Declassified Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource en