811.91262/288: Telegram
The Chargé in Germany (Morris) to the Secretary of State
[Received 3:40 p.m.]
1974. Reference my cable No. 1823 of May 10, noon, with respect to the detention of Hottelet and other American citizens by the German authorities.
A communication dated May 17 was received from the Foreign Office late yesterday concerning the Hottelet case. The Foreign Office note reads as follows in translation.
“In reply to the note verbale of May 9, 1941, No. 2151 from the Embassy of the United States of America the Foreign Office has the honor to recall in this connection the fact that Secretary of Embassy Kennan recently informed himself by telephone conversation with [Page 614] Consul General Speiser of the Foreign Office in respect to the status of the case of the American national, Hottelet. Secretary of Embassy Kennan was given telephonic information on this occasion to the effect that the case was now dependent on the People’s Court and that a court order had been issued.
“In the meantime the Reich Minister of Justice has been requested to permit a member of the Consular section of the Embassy of the United States of America to visit Hottelet from time to time.
“As soon as the decision of the Reich Minister of Justice is known the Embassy of the United States of America will be informed.”
Kennan does not recall that the Foreign Office official mentioned the People’s Court in the conversation under reference. It was his impression that the official merely stated that Hottelet had been transferred from police custody to “custody for judicial investigation”. The Embassy did not consider information given by telephone as sufficiently exact and authoritative for our needs and therefore addressed a written inquiry to the Foreign Office to which the above communication was the reply.
The Department will recall that the People’s Court the establishment of which was not effective [sic] in the Reichsgesetzblatt No. 47 of April 30, 1934, part 1, page 345, was set up for the adjudication of crimes concerning high treason and treason against the country. No appeal is admissible against its decisions. Information concerning this court was contained in despatch No. 1048, [July] 19, 193419 and other despatches of that period from this Mission.
The status of the case as described by Hottelet’s lawyer is now as follows: The judicial preparation of the case which succeeds the police investigation will be finished before the middle of June. Only upon its completion will the attorney be informed of the charges and be able to prepare the defense. It is not certain that trial will promptly follow on completion of the judicial preparation of the case. A delay of 2 or 3 months may occur before the case will be heard by the People’s Court.
The Attorney [stated?] in so far as he can ascertain the German authorities feel they have enough material to pin a charge on Hottelet and there are no indications that the case will be dismissed.
- Not printed.↩