325.1121 Bethune, Larry K./1: Telegram

The Ambassador in Chile (Culbertson) to the Secretary of State

21. Manager of General Motors arrested last night and held incommunicado. During the night I requested permission to see him and was refused. This morning I stated to the Minister for Foreign Affairs the position of the Department set forth in instruction No. 604, October 21, 1925.10 The Minister claimed to know nothing of the merits of this affair but asserted that the principle of incommunicado is part of the criminal procedure in Chile, that it applies to foreigners as well as nationals, and that accused cannot communicate even with his diplomatic representative during that time. Defense lawyer states that it is very unusual to hold a man incommunicado in cases like this. I would appreciate from the Department by telegraph a confirmation of its position.

The controversy between the General Motors and their agent has resulted in four different proceedings and is developing disagreeable aspects.

Culbertson
  1. Not printed; the pertinent part of instruction No. 604, October 21, 1925, reads: “You are informed that the Department holds that American citizens arrested in foreign countries shall not be held incommunicado, but should be allowed to communicate with diplomatic or consular representatives of this country, and with the attorneys whom they wish to employ in their defense. The Department expects you to inform the Chilean authorities to this effect when occasion arises.” (325.1121 Stein, Charles/2)