300.1121 Incommunicado/9
The Acting Secretary of State to the Ambassador in Italy (Garrett)
Sir: The Department has under consideration the question whether a diplomatic or consular officer has the right to visit an imprisoned national at any time during the period of preliminary investigation known in the Spanish speaking civil law countries as sumario.
According to the Department’s understanding the sumario includes the questioning of the accused after the arrest, taking of evidence and framing of charges and it is also understood that immediately after the arrest, the prisoner is held incomunicado during a period of twenty-four hours, or in some countries longer.
Please inquire of the appropriate authorities as to the practice in Italy in regard to incomunicado with a view to determining whether a diplomatic or consular officer would be permitted to visit an imprisoned national during the “incomunicado” period prescribed by local law. You will also please endeavor to ascertain the position taken by the Italian Foreign Office in regard to the right of an Italian diplomatic officer or consul to visit imprisoned nationals in foreign countries.
Very truly yours,