352. Telegram 3451 From the Embassy in the Dominican Republic to the Department of State1

3451. Subject: Three Puerto Rican Prisoners. Ref: SD 3424. From the Ambassador.

[Page 922]

1. In reflecting upon the case of the three Puerto Ricans, it would appear that irrespective of whether they are or are not guilty of the charges, the evidence adduced as a basis for a thirty-year sentence is unpersuasive to most reasonable people, especially those who would consider confessions allegedly extracted under duress to be worthless. On the other hand, key Dominican authorities are very likely convinced of (1) the Puerto Ricans’ guilt based upon reports (intelligence) that cannot be used in court, (2) the necessity of avoiding the appearance of succumbing to PSP clamor and pressure, and (3) the desirability of discouraging future incursions by foreign leftist radicals. These three would seem to be overriding considerations in the Dominican mind.

2. It is possible that the GODR is not fully aware of the risk it is running of damaging its image abroad as well as at home by its failure to make a persuasive case in terms of due process. In an effort to bring greater balance into the equation, I intend to discuss the case with Polibio Diaz, a lawyer, politician and close confidant of President Balaguer. While I do not intend to interfere with judicial processes (GODR officials have publicly insisted that these must be observed), they can perhaps be hastened so that the case can reach the President for final and quite probably more humane adjudication more quickly. Accelerated processes could bring to the GODR the benefit of preventing a ground swell of negative international opinion on the part of some who honestly disapprove of the judicial proceedings and others who for political reasons wish to see U.S. (Puerto Rican)/Dominican relations deteriorate and the GODR image tarnished.

Hurwitch
  1. Summary: After three U.S. citizens accused of transporting guerrillas to the Dominican Republic in June were convicted and sentenced to 30 years in prison, Ambassador Hurwitch reported that the handling of the case by the Dominican judicial system might well be subject to criticism that would damage the country’s image.

    Source: National Archives, RG 59, Central Foreign Policy File, D750269–0208. Confidential. Telegram 3424 from Santo Domingo is dated August 1. (Ibid., D750266–0913) The Embassy initially reported the conviction of the three detainees in telegram 3400 from Santo Domingo, July 31. (Ibid., D750264–1224) Telegram 3422 from Santo Domingo, August 1, contains a more detailed account of their trial. (Ibid., D750266–0881) In telegram 3484 from Santo Domingo, August 6, Hurwitch reported on a conversation with influential Presidential advisor Polibio Díaz in which the Ambassador suggested that the conviction of three U.S. citizens on the basis of questionable evidence could lead to congressional criticism of the Dominican Republic in the United States. (Ibid., D750272–0121) In telegram 5118 from Santo Domingo, November 18, the Embassy conveyed the news that Balaguer had pardoned the three prisoners, and telegram 5598 from Santo Domingo, December 23, reported on the release of the prisoners from detention and their departure from the country. (Both ibid., D750401–0185 and D750445–0791)