810.5051/7–2944
The Ambassador in Colombia (Lane) to the Secretary of State
[Received August 8.]
Sir: I have the honor to refer to the Department’s instruction no. 2301 of July 21, 1944, in regard to the suit brought against the Institute of Inter-American Affairs by Dr. Max Llorente O., and inquiring whether it will be possible for the Institute to withdraw the answer to the petition which had been filed with the Fourth Circuit Court at Bogotá last May, and to substitute a plea for immunity.
As indicated in the Embassy’s telegram no. 1334 of July 29, 11 a.m.,59 from Cadwallader and Bosworth to Rockefeller,60 Dreisbach61 and Lockwood, Dr. Torres Pinzón, Colombian attorney retained by the Institute, has advised the Institute that withdrawal of the answer is not possible. Accordingly, since it is impossible to follow this course, I am not sending at this time a formal communication to the Minister of Foreign Affairs claiming immunity for the Institute on the basis set forth in the Department’s instruction.
As indicated in the Embassy’s telegram of July 29 referred to above, [Page 877] it is suggested that steps be taken to ascertain whether any interrogatory from the local court is presented by the Colombian Embassy in Washington to the Department, the Institute, or to the interested parties. It is assumed that in the event that such an interrogatory is presented the Department will then give consideration to the assertion of claim of immunity for the Institute as indicated in the Department’s instruction. Similarly, in the event that any such interrogatory should be received by the Embassy from the Ministry of Foreign Affairs, or the local court, or indirectly from the Institute, no action in regard thereto will be taken in the absence of further instructions from the Department. According to Mr. Bosworth, Regional Attorney of the Coordinator’s Office, the local court has presented the interrogations to the Ministry of Foreign Affairs for transmission to the United States.
In the meantime the Embassy is informed that steps are being taken to effectuate a direct settlement by the Institute and the plaintiff, and it is possible that if these steps meet with success the legal phase of the matter may be avoided.
Respectfully yours,