2. All forms of military training, military propaganda and military activities of whatever nature, on the part of the German people, are prohibited, as well as the formation of any organization initiated to further any aspect of military raining and the formation of war veterans' organizations or other groups which might develop military characteristics or which are designed to carry on the German military tradition, whether such organizations or groups purport to be political, educational, religious, social, athletic or recreational or of any other

nature.

E. Control Council Law No. 34, entitled "Dissolution of the Wehrmacht," dated August 20, 1946:

Article I. . . . all German land, naval and air forces, with all their organizations, staffs, and institutions, and all other military and quasi-military organizations, together with all clubs and associations which serve to keep alive the military tradition in Germany, are hereby considered disbanded, completely dissolved and declared illegal.

Article II. The maintenance, formation and reconstitution of any of the agencies or organizations enumerated in Article I under any name or form whatsoever, and the taking over of all or any of the functions of such agencies or organizations in the future by other agencies is prohibited and declared illegal,1

It is clear from these agreements that the Government of the Soviet Union is committed unequivocally to the principle that Germany will be demilitarized, that her military forces will be completely and finally abolished, and that no revival of German military activities will be allowed. The British, French, and American Governments were also parties to these agreements and are equally committed to the same principle. They have, accordingly, taken effective steps to prevent any form of rearmament or remilitarization in their zones of occupation. The Soviet Union, on the other hand, has directly violated all these agreements. The establishment of a military force, or militarized police, in Eastern Germany could not have been accomplished without the deliberate approval of the Soviet Government, and it is an action squarely in opposition to the efforts being made by the United States and other nations to create a stable and lasting peace. Representatives of the Soviet Government have, on numerous occasions, spoken of the Soviet Government's desire for peace. Such verbal protestations, however, can hardly be expected to receive credence among the free peoples of the world when the Soviet Government is simultaneously creating a military force of considerable size and strength in Germany in violation of its solemn international commitments. By this and other like actions the Soviet Government has destroyed world confidence in the sincerity of its promises and has created throughout the world widespread doubt as to its pacific intentions. If the Soviet Government wishes to restore in some measure international confidence in its alleged attachment to peace, it cannot fail to dissolve immediately the militarized units which it has set up in Eastern Germany.

1 Allied Control Authority, Germany, Enactments and Approved Papers of the Control Council and Coordinating Committee (Legal Division, Office of Military Government for Germany [U. S.]), vol. IV (Oct. 1, 1946), pp. 63-64.

21. ALLIED POLICY IN BERLIN: Declaration by the Allied Kommandatura, May 26, 1952 1

1

2

Taking into consideration the new relations established between France, the United Kingdom of Great Britain and Northern Ireland, the United States of America, and the Federal Republic of Germany and wishing to grant the Berlin authorities the maximum liberty compatible with the special situation of Berlin,

the Allied Kommandatura makes this declaration:

I

3

Berlin shall exercise all its rights, powers and responsibilities set forth in its Constitution as adopted in 1950 subject only to the reservations made by the Allied Kommandatura on 29th August, 1950, and to the provisions hereinafter.

II

The Allied authorities retain the right to take, if they deem it necessary, such measures as may be required to fulfil their international obligations, to ensure public order and to maintain the status and security of Berlin and its economy, trade and communications.

III

The Allied authorities will normally exercise powers only in the following fields:

(a) Security, interests and immunities of the Allied Forces, including their representatives, dependents and non-German employees. German employees of the Allied Forces enjoy immunity from German jurisdiction only in matters arising out of or in the course of performance of duties or services with the Allied Forces;

(b) Disarmament and demilitarisation, including related fields of scientific research, civil aviation, and prohibitions and restrictions on industry in relation to the foregoing;

(c) Relations of Berlin with authorities abroad. However, the Allied Kommandatura will permit the Berlin authorities to assure the representation abroad of the interests of Berlin and of its inhabitants by suitable arrangements;

(d) Satisfaction of occupation costs. These costs will be fixed after consultation with the appropriate German authorities and

1 Memorandum on the Principles Governing the Relationship between the Allied Kommandatura and Greater Berlin, 26th May, 1952 (London: H. M. S. O., 1952; Cmd. 8564), pp. 3-4.

2 Under the Contractual Agreements of May 26, 1952; S. Execs. Q and R, 82d Cong., 2d sess., pp. 9-22, 25-165.

1950 Berlin Constitution and Electoral Law (Washington: GPO, 1951).

Berlin: Development of Its Government and Administration (Office of the U. S. High Commissioner for Germany, 1952), p. 231.

at the lowest level consistent with maintaining the security of Berlin and of the Allied Forces located there;

(e) Authority over the Berlin police to the extent necessary to ensure the security of Berlin.

IV

The Allied Kommandatura will not, subject to Articles I and II of this Declaration, raise any objection to the adoption by Berlin under an appropriate procedure authorised by the Allied Kommandatura of the same legislation as that of the Federal Republic, in particular regarding currency, credit and foreign exchange, nationality, passports, emigration and immigration, extradition, the unification of the customs and trade area, trade and navigation agreements, freedom of movement of goods, and foreign trade and payments arrangements.

In the following fields:

V

(a) restitution, reparations, decartelisation, deconcentration, foreign interests in Berlin, claims against Berlin or its inhabitants, (b) displaced persons and the admission of refugees,

(c) control of the care and treatment in German prisons of persons charged before or sentenced by Allied courts or tribunals; over the carrying out of sentences imposed on them and over questions of amnesty, pardon or release in relation to them,

the Allied authorities will in future only intervene to an extent consistent with, or if the Berlin authorities act inconsistently with, the principles which form the basis of the new relations between France, the United Kingdom and the United States on the one part and the Federal Republic of Germany on the other, or with the Allied legislation in force in Berlin.

VI

All legislation of the Allied authorities will remain in force until repealed, amended or deprived of effect.

The Allied authorities will repeal, amend or deprive of effect any legislation which they deem no longer appropriate in the light of this declaration.

Legislation of the Allied authorities may also be repealed or amended by Berlin legislation; but such repeal or amendment shall require the approval of the Allied authorities before coming into force.

VII

Berlin legislation shall come into force in accordance with the provisions of the Berlin Constitution. In cases of inconsistency with Allied legislation, or with other measures of the Allied authorities, or with the rights of the Allied authorities under this declaration, Berlin legislation will be subject to repeal or annulment by the Allied Kommandatura.

VIII

In order to enable them to fulfil their obligations under this declaration, the Allied authorities shall have the right to request and obtain such information and statistics as they deem necessary.

IX

The Allied Kommandatura will modify the provisions of this declaration as the situation in Berlin permits.

X

Upon the effective date of this declaration the Statement of Principles Governing the Relationship between the Allied Kommandatura and Greater Berlin of 14th May, 1949, as modified by the First Instrument of Revision, dated 7th March, 1951,2 will be repealed.

22. DISORDERS IN THE SOVIET ZONE: Letter From the United States High Commissioner to the Commander-in-Chief of the Soviet Forces in Berlin, November 3, 1952 5

4

In your letter of October 16 you felt obliged to inform me that in recent months disorders have occurred in the Soviet zone. You attribute the blame for these occurrences to the activities of organizations in Western Berlin which, for the purpose of your argument, you describe as centers of espionage and sabotage and which, you maintain, indulge in criminal activities directed against the population of Eastern Berlin and the Soviet zone. I reject these charges, which are baseless and a travesty of the facts.

The organizations which you mention have, with the exception of RIAS, been voluntarily formed by Germans who have the interest of the German people at heart. So far from committing any crimes against the German people of the Soviet zone, these organizations are concerned only with giving help to the refugees from this zone who, in increasing numbers, flee from persecution; to assemble and disseminate evidence about illegal measures and violation of the rights of man, of which so many Germans in the Eastern zone are victims; and to tell them the truth about the free world from which they are separated.

As regards RIAS, the radio in the American sector of Berlin,

1 Berlin: Development of Its Government and Administration, pp. 192–195.

2 Ibid., pp. 204-205.

3 Walter J. Donnelly.

4 Gen. Vassily I. Chuikov.

5 Department of State Bulletin, Dec. 1, 1952, pp. 861-862. The United Kingdom and the French High Commissioners delivered similar letters to General Chuikov.

Ibid., pp. 862-863.

7 Radio in the American Sector.

you may recall that the organization was established under the direction of American personnel in 1946 after the Soviet authorities, in violation of the principle of Four Power cooperation in Berlin, refused to allow any but Soviet influence in radio Berlin. Your allegations that RIAS is a center of espionage and sabotage are without foundation. On the contrary, RIAS fulfills a much needed function in providing factual information not otherwise available in Eastern Germany and it will continue to do so.

I will not enter into the diverse accusations which you make on the basis of the evidence provided by various "court trials" in the Soviet zone. Public opinion throughout the world is only too well informed of the methods whereby so-called "confessions" may be extracted from those who are accused by such "courts." Moreover these "courts" seem to have acquired the habit of describing as "crimes" acts which in democratic countries are considered to be a normal part of daily life. For example, a person only has to express an opinion contrary to the Government in power or to repeat a piece of news which is already known but which the regime has an interest in suppressing for him to be described as a "spy" or "traitor." Such a perversion of the accepted meaning of words would be laughable were its consequences not so serious.

In your letter you refer to "forcible abduction of activities of people's enterprises to West Berlin where they, and the employees of the people's police, and members of the FDJ, were murdered." If there were any truth in this, I would condemn criminal activities of such a kind just as strongly as you do. But you do not cite any instances of abduction and murder. I, however, am in a position to cite instances of abductions from Western Berlin.

I should be obligated if you would give your urgent attention to the case of Dr. Linse who was abducted from Western Berlin on July 8, and inform me when he will be returned to Western Berlin. Likewise, I should welcome information about "a certain Weiland" to whom you attribute one of the "confessions" made before a court in Greifswald on August 27, 1952. I assume this to be a resident of West Berlin named Weiland who was kidnaped from the American sector on November 11, 1950, and forcibly taken into the Soviet sector. Nothing has been heard of him since then until I received your letter. I should be glad to have full details about the circumstances of his arrest and an account of what has happened to him since his arrest.

In the text (i. e., the translation) of General Chuikov's letter of Oct. 1, 1952, reprinted in the Bulletin, the passage which is here quoted refers to certain individuals and then reads, " . it was disclosed that these persons .. had ... forcibly abducted into West Berlin, and there murdered activists of people's enterprises, employees of the people's police, members of the Free German Youth"; ibid., p. 862. The FDJ was the Freie Deutsche Jugend ("Free German Youth"), an organization under Communist control.

For a statement relating to the case of Dr. Walter Linse, issued to the press by Johannes Stumm, Police President of West Berlin, see ibid., Nov. 24, 1952, pp. 823-824.