690. Memorandum of Conversation, Bunker and Robertson1
Washington, August 1,
1956
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SUBJECT
- Visits to Chinese Criminals in American Prisons
PARTICIPANTS
- Mr. Ellsworth Bunker,
President of American Red Cross
- Mr. Elsy, American Red Cross
- Mr. Robertson, Assistant
Secretary, FE
- Mr. McConaughy, Director,
CA
Mr. Robertson reviewed for Mr.
Bunker in some detail the
history of the negotiations with the Chinese Communists at Geneva for
the return of American citizens. He pointed out the breach by the
Chinese Communists of their undertaking of September 10, 1955, to take
measures to enable Americans expeditiously to exercise their right to
return to the U. S. He explained why the American Government had decided
at the end of May to extend the provisions of the Agreed Announcement to
Chinese criminals in American prisons, although such criminals had not
been discussed in the negotiations leading up to the Agreed Announcement
and in our view were not necessarily covered by it. Mr. Robertson then described the devious
course of the Chinese Communist position on Chinese criminals in
American prisons. He mentioned the abrupt Chinese Communist loss of
interest in the prisoners after we announced our intention to give the
Chinese criminals the option of taking advantage of the Agreed
Announcement. Mr. Robertson
explained that the Indian Government, as a result of the reversal of the
Chinese Communist position on the prisoners, felt unable to comply with
our request that its representatives visit the Chinese prisoners and
ascertain their wishes as to return to Mainland China or to Taiwan.
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Mr. Robertson then explained why
it would be desirable for the American Red Cross to undertake to
interview the prisoners. He stated that the American Red Cross as a
respected non-political organization with humanitarian objectives would
be everywhere recognized as impartial and its word would be accepted. If
the Red Cross interviewed the prisoners and attested to the fact that
they had all been given a free choice between return to the Mainland,
return to Taiwan, and remaining in prison to complete their sentence, no
one could
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say
that the prisoners had been coerced or influenced by the American
Government in reaching their decision. We had already promised the
prisoners that they would be visited and given an opportunity to express
their choice. We were morally obligated to carry out this promise.
We hoped that the implementation of the offer to the prisoners would put
moral pressure on the Chinese Communists to belatedly carry out their
commitment to permit the imprisoned Americans to return to the United
States.
Mr. Robertson said that the
Department felt it was very much in the interest of the imprisoned
Americans in Communist China that this undertaking be carried out.
Mr. Bunker expressed sympathetic
appreciation of the problem and said he foresaw no difficulty in Red
Cross compliance with Mr. Robertson’s request. He said that he would
want to consult his Board before he formally agreed. However he did not
anticipate any difficulty and he thought Mr. Robertson could safely assume that the
reply would be favorable. He said that the project was a humanitarian
one and therefore consonant with Red Cross objectives. He considered the
proposed role to be non-political and therefore not improper for the Red
Cross to undertake.
Mr. Robertson showed Mr.
Bunker a list of the names
and addresses of the prisoners.
Mr. Bunker thought that Red Cross
regional representatives in various parts of the United States could
make the visits without undue difficulty.
Mr. Robertson expressed
appreciation for the sympathetic reception given by Mr. Bunker to the proposal. Mr. Robertson said that the Department
would confirm its request by letter on August 2, which would set forth
the proposal in detail.
Mr. Bunker said he would be glad
to have such a letter and would give the matter immediate attention.
A copy of the confirmatory letter to Mr. Bunker of August 2 is attached.
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Attachment
Letter from Robertson to
Bunker2
Washington,
August 2,
1956
Dear Ellsworth:
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You will recall that by the terms of the Agreed Announcement issued
at Geneva on September 10 by the American and Chinese Communist
Ambassadors (Tab A), the Chinese Communists were committed to take
measures to enable American nationals expeditiously to exercise
their right to return to this country. After nearly eleven months,
the Chinese Communists still hold eleven American nationals in
Chinese prisons in violation of this commitment.
The Chinese Communists in the course of the Geneva talks, have
offered various pretexts for violation of their pledge. Some time
after the Agreed Announcement was issued, they raised for the first
time the matter of Chinese prisoners who are serving terms in
American penitentiaries. These Chinese criminals were not mentioned
by the Chinese Communists in the course of the negotiations leading
up to the Agreed Announcement. In our view the Agreed Announcement
did not apply to them. However, in view of the belated attempt of
the Chinese Communists to cite the imprisonment of these criminals
as an excuse for their non-performance of their obligations under
the Agreed Announcement, the U.S. Government decided that it would
afford the Chinese criminals an opportunity to avail themselves of
the provisions of the Agreed Announcement if they so desired. A
comprehensive survey was made by the Immigration and Naturalization
Service of the entire prison population, Federal and state, of the
United States. On June 13, the prisoners were informed by a circular
letter that they would be given an opportunity to make a choice
between obtaining a discharge from prison for the purpose of
proceeding to mainland China, or to Taiwan, and remaining in jail
until the completion of their sentences. A copy of the letter to the
prisoners is attached as Tab B.
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The United States decision was responsive to the strong and repeated
representations of the Chinese Communists. However, the Chinese
Communists have now abruptly informed us at Geneva that our release
offer is a device to embarrass them and is not bona fide. They
allege that the prisoners have been “screened”. They have requested
the Indian Government, which represents the Chinese Communists in
matters pertaining to the Agreed Announcement, not to interview the
prisoners and to have nothing to do with our proposal.
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We have told the prisoners that they will be given a free choice and
that they will receive a visit in order that their choice may be
ascertained. We are morally committed to implement our offer,
regardless of this non-cooperation.
With the Indian Embassy unable to discharge this function as
described in our Aide Memoire of May 31 (Tab C), the best choice for
this responsibility appears to be the American Red Cross. The Red
Cross, upon making the visits, could vouch for the fact that the
prisoners were given a free choice and made their decision without
coercion or influence from any official source. No one could
effectively challenge the motives, the veracity or the impartiality
of the American Red Cross. The certification of the Red Cross that
the prisoners had been allowed to make their own decision would be
generally accepted throughout the world.
Accordingly, I confirm the oral request which I made of you yesterday
that the American Red Cross undertake to interview the 30 remaining
Chinese prisoners (four of the original 34 have been released from
prison under normal procedures in recent weeks), and ascertain their
wishes. A list of these prisoners and their whereabouts is enclosed
as Tab D. A copy of a letter and form of designation of choice which
we propose to send to the prisoners is enclosed as Tab E. The letter
would be sent before the visits of the Red Cross representatives,
and the original of the form would be signed in the presence of the
Red Cross representative and delivered to him.
In the undertaking of this mission you can be assured of every
cooperation from this Department, the Federal Bureau of Prisons, the
State prison officials, the wardens of the various penitentiaries,
and the Immigration and Naturalization Service. It is believed that
it
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would
be desirable to proceed without any avoidable delay, and that the
particulars can best be worked out through consultations between
your officials and Mr. Clough of the Office of Chinese Affairs. His
telephone extension is 3482.
We are deeply grateful for your expressed willingness to give
sympathetic consideration to this matter.
Sincerely yours,
Walter S.
Robertson
Assistant Secretary
Enclosures:
Tab A—Copy of Agreed Announcement of September 10, 1955.
Tab B—Copy of Letter to Prisoners.
Tab C—Aide Memoire of May 31.
Tab D—List of Prisoners and Tabulation of Prisons Involved.
Tab E—Copy of Proposed Letter and Form to be Sent to
Prisoners.
