File No. 818.00/401
The Chargé in Costa Rica ( Johnson) to the Secretary of State
Dr. Gutierrez Navas leaves for Nicaragua 18th. I am informed that on the 13th after receipt of telegram en clair from the Nicaraguan Government instructing immediate investigation and report on the situation with regard to safety and enjoyment of rights by Nicaraguans under Tinoco régime in view of incident of Nicaraguan [Page 256] boy seized by authorities in Puntarenas and severely flagellated before he was released. Telegram was condemnatory in its language and relied upon violation of the treaty rights and of clause against infliction of tortures or of punishments prior to convoying [conviction?] in Costa Rican Constitution itself.
Ex-President Rafael Iglesias called to-day and stated that confidentially he considered this incident over which Nicaragua justly is much concerned as affording opportunity needed at this psychological moment for pressure to be brought looking to retirement of Tinoco; that Nicaragua should be counselled to press broad Central American aspect of Tinoco misgovernment and entrance upon office based upon Central American peace treaty, and that the United States could at the opportune moment as the universally recognized “guarantor” of these treaties, especially since the expiration of Central American Court of Justice, make further representations looking to his retirement in the interest of Central American peace.
Nicaragua through this incident is now added to the list of those countries which are concerned over ability of the present régime here to either guarantee or answer for wanton official acts of violence to their nationals, this list including the United States, Panama, and Great Britain, by reason of Pascubo [Pascua?] incident on February 23.