740.00116 EW/7–2345: Telegram
The Ambassador in Portugal (Baruch) to the Secretary of State
[Received 8:48 p.m.]
1591. Embassy telegram 1577, July 23, 6 p.m. The Dept may wish to impress upon the Portuguese Govt that the latter’s informal attitude concerning repatriation of such Germans as we desire to send back to Germany is totally unsatisfactory. This attitude will, we believe, be formalized when we offer our lists of deportees and make demand for their repatriation but we do not believe we should make formal representations on this subject in advance. Apparently Portuguese do not [Page 801] realize that every German irrespective of his place of residence is just as much under the control of the Allied Control Council for Germany as was previously the case with former German Legations and Embassies; the German surrender was unconditional and the Allied nations therefore must have the right to prevent Germans throughout the world from again putting themselves in a position to renew their harmful activities against the Allies and civilization in general; while we would not question the right of political asylum in normal times it seems clear that Germany by her actions throughout the war up to and including her unconditional surrender has pursued a course which leaves no choice except to deny to Germans the right of asylum anywhere in the world if in the opinion of the Allied Control Council their return to Germany is desirable.
It is my further considered opinion that this case will be considerably strengthened when the Allied Control Council takes a position along these lines and announces that the Govt of the US as well as the British, French and Soviet Govts insist on neutrals immediately acceding to requests for repatriation of German officials and other German nationals.26 Unless the Allied Govts through the Allied Control Council for Germany and possibly by public announcement at Potsdam take a strong position on this matter we will be met with constant juridical objections especially here in Portugal and in the absence of a strong stand the situation may pass entirely beyond our control in respect of Safehaven as well as our security measures. The Dept’s views on this subject are urgently solicited.
Sent to Dept; repeated to Madrid as 17; to London as 370; Paris as 266 for USPolAd.
- See agreement between the United States, the Soviet Union, the United Kingdom, and France regarding certain additional requirements to be imposed on Germany, section III, 7(c) and 8 (b), Foreign Relations, The Conference of Berlin (The Potsdam Conference), 1945, vol. ii, pp. 1011, 1013.↩