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23. CZECHOSLOVAK CHARGES REGARDING BORDER VIOLATIONS AND RADIO BROADCASTS: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, June 19, 1951 1

1

The American Embassy presents its compliments to the Czechoslovak Ministry of Foreign Affairs, and with reference to the Ministry's note of May 21, 1951,2 concerning the question of border violations, certain broadcasts in Czech and Slovak languages, and related matters, has the honor, pursuant to instructions of the United States Government, to make the following reply:

With respect to the charges of violations of the border between Czechoslovakia and the Federal Republic of Germany by United States military personnel, the Ministry's note states that on May 4, at 6 or 7 a. m., military personnel in two autos crossed the Czechoslovak frontier between frontier markers 22 and 23, drove around frontier barriers on both sides of the frontier, studied frontier installations, used field glasses and photographed certain objects.

The Embassy informs the Ministry that the United States Government does not condone any violation of the Czechoslovak frontier by members of its armed forces whether on the ground or in the air.

An investigation of the incident referred to in the Ministry's note has been made. The results of this investigation indicate that the crossing of the Czechoslovak frontier by American military personnel at the place indicated did in fact take place and that it was unintentional and inadvertent. The American military personnel in question entered Czechoslovak territory to the maximum depth of 95 yards and remained there approximately 5 minutes.

The report received by the Ministry is inaccurate in two respects: Members of the American patrol, which numbered six men, took no photographs; furthermore, they drove around one road barrier but not two, as they stopped before reaching the second barrier.

The explanation of this unwitting crossing of the Czechoslovak frontier appears to be that all members of the patrol, including the leader, were unfamiliar with this segment of the frontier and were carrying out their first patrol in this area. Furthermore, there was no sign indicating the presence of the border which led the patrol leader to assume that the second barrier marked the international boundary. He, as well as members of his patrol, failed to see the unpainted border stones in line with the first barrier. No member of this patrol realized he had been in Czechoslovakia until so informed later by the investigating officer.

Although the border crossing was unintentional, the investigating officer has recommended that disciplinary action be taken against the patrol leader on the grounds that his failure to make reconnaissance

1

Department of State Bulletin, July 2, 1951, pp. 12-13, 35. See also American notes of July 17, 1951 (ibid., Aug. 6, 1951, p. 207) and Aug. 24, 1951 (ibid., Sept. 10, 1951, pp. 417-418), and Czechoslovak note of July 21, 1951 (ibid., Sept 10, 1951, pp. 418-421).

2

Ibid., pp. 421-422.

before passing the first barrier constituted a failure to exercise good judgment.

The Embassy assures the Ministry that all possible steps are being taken by the appropriate United States authorities to prevent the recurrence of such an incident.

As stated, the United States Government does not tolerate any violation of the Czechoslovak frontier by members of its armed forces and by the same token will not tolerate the violation of the United States Zone of Germany by Czechoslovak personnel. In this connection the United States Government calls the attention of the Czechoslovak Government to two recent violations in which armed members of the Czechoslovak armed forces crossed the border. On May 24 from approximately 0930 to 1000 hours six Czechoslovak soldiers were illegally within the United States Zone of Germany at the Regnitz River east of Hof in the American area. Furthermore one of these soldiers threatened a German national, Margarete Rausch, with a machine-pistol while within the United States Zone of Germany.

At approximately 0930 May 24 two Czechoslovak soldiers dismounted from vehicles in Czechoslovakia, crossed the border and the Regnitz River and penetrated into the territory of the United States Zone of Germany to the depth of approximately 35 yards. The soldiers told Mrs. Rausch that she had been cutting grass in Czechoslovakia and must return with them. Despite her insistence that at no time had she been in Czechoslovakia, one of the soldiers pushed a machine-pistol into her back and forced her to return across a stream to a place, likewise in Germany, where she had been working. Four more Czechoslovak soldiers joined the group and laughed when she told them they were all standing in Germany. Her husband, Max Rausch, came up and also told the soldiers they were in Germany. During the course of this conversation a seventh Czechoslovak soldier, presumably the one in command, remained in Czechoslovak territory near one of the border markers and finally signalled to the six soldiers who thereupon left the United States Zone.

The American military authorities were immediately notified of this violation of the United States Zone of Germany and on the same morning (May 24) undertook an investigation. The investigating officer and a sergeant while standing at the spot in Germany where the Czechoslovak soldiers first intercepted Mrs. Rausch noticed two Czechoslovak soldiers partially concealed in the brush on the Czechoslovak side of the border with their weapons aimed at them. As the American soldiers started towards the Rausch house, the Czechoslovak soldiers fired two shots, apparently not aimed at the American soldiers.

From the circumstances in which this frontier violation occurred, particularly the fact that the Czechoslovak soldier who was apparently directing this operation took care to remain inside of Czechoslovakia, the Embassy is justified in drawing the conclusion that this was an intentional violation of the territory of the United States Zone of Germany.

Between 11:00 and noon on June 6 a tractor dragging logs and carry

ing three unarmed civilians and a member of the uniformed Czechoslovak Security Police armed with a machine pistol, was observed crossing the border twice and penetrating the United States Zone each time to a depth of 10 or 15 yards near Wies. The improvised road used by the Czechoslovak personnel was clearly in the United States Zone. After the second unauthorized entry of the armed member of the Security Police, he was apprehended by a patrol of the United States constabulary. He was returned to Czechoslovak authorities at approximately 2330 on June 7.

The United States Government considers these actions as entirely uncalled for and regards the first incident as particularly flagrant. The Ministry is requested to undertake a careful investigation to determine who was responsible for these border violations and to insure that the guilty person or persons be appropriately disciplined. The Embassy expects the Ministry to show the same diligence in informing it of the results of the investigation and in assuring it that measures to prevent recurrence have been taken, as was shown by United States authorities in connection with the incident which is the subject of the first part of this note.

As to radio broadcasts, the Czechoslovak Government asserts that the United States Government utilizes broadcasting stations for activities hostile to Czechoslovakia and in so doing broadcasts false news and propaganda of incitement against Czechoslovakia and its people. Although the Ministry may by this reference intend to make accusations against the Voice of America and Radio Free Europe as well as purely commercial broadcasting stations, its statements on the subject appear to relate chiefly to Radio Free Europe. It should be made clear at once that the Voice of America represents a radio broadcasting organization of the United States Government while Radio Free Europe was organized and is operated by a group of private citizens. It is a division of a corporate body, the National Committee for a Free Europe, which is incorporated in the State of New York. More than 16 million American citizens are supporting Radio Free Europe. Thus while the American people have a direct interest in the activities of Radio Free Europe, the United States Government does not.

Since Radio Free Europe has established broadcasting stations in Germany the interest of the United States Government as an occupying power is involved but it is limited to matters concerning frequency usage and observance by Radio Free Europe of any laws and regulations of the Allied High Commission that may be applicable. Radio censorship does not exist in the territory of the Federal Republic of Germany and freedom of speech prevails there as in the United States. It is believed that this policy is fully in accordance with the obligations of international law.

The United States Government cannot accept the view that a responsibility exists to require the Radio Free Europe or any private American radio organization to transmit only what will please the Czechoslovak authorities. The Czechoslovak Government will doubtless appreciate that freedom of expression, whether of the press, radio, or individual utterance, constitutes a fundamental principle of Ameri

can democracy, indeed of the Western democracies generally. Faithfully observing the principle of freedom of information the United States Government does not attempt to censor the American press, or nonofficial radio transmissions either from the United States or the United States Zone of Germany. It is not, therefore, possible or desirable to exercise control over these organizations in violation of the principle of freedom of information.

Nothing in this policy violates any international agreement concerning Germany, or any other international agreement to which the United States Government is a party, or is contrary to any principle of international law in connection with broadcasting activities. The United States Government, therefore, fails to find any foundation for the charges of the Czechoslovak Government in this connection. On the contrary in observing the principle of freedom of information the United States Government considers that it is faithfully adhering to principles generally recognized among nations. If the Czechoslovak Government refers in this accusation to the use of wave lengths by Radio Free Europe allocated in accordance with the "Copenhagen Plan" it should be noted that neither the United States Government nor the United States authorities in Germany were signatories to the Copenhagen agreement and that it is in no way binding upon them. It should also be noted that even some of the countries which signed this agreement have deviated from its frequency assignments.

Objection is found by the Czechoslovak Government to the employment by Radio Free Europe of those persons described in the Ministry's note as "traitors of the Czechoslovak people from the ranks of the mercenary Czechoslovak emigration." These men are generally recognized by the world as political refugees simply desiring a free and democratic government. Moreover whom the Radio Free Europe employs seems an irrelevant matter clearly not appropriate for consideration by the Czechoslovak Government, as it is not by the United States Government.

The Ministry's note finally refers to a regulation of the Minister of Finance of the Federal Republic of Germany dated February 10, 1951, allegedly on the treatment of persons claiming to be agents of the Western occupation powers upon entering the territory of the Federal Republic of Germany. The United States Government is not aware that any such notice had been officially promulgated by the Federal Republic of Germany on a matter presumably directed exclusively to its own administrative officials and, before considering the question further, would be greatly interested in receiving a copy of the document in the possession of the Czechoslovak authorities together with an explanation of how it was acquired and what means the Czechoslovak Government has established in Western Germany for the gathering of such matter.

1 See Annex to European Broadcasting Convention, signed at Copenhagen, Sept. 15, 1948, printed by the General Secretary of the International Telecommunication Union, Bern, Switzerland, 1948.

24. AIRPLANE INCIDENT OF JUNE 8, 1951: Note From the American Ambassador at Prague' to the Czechoslovak Foreign Minister,2 June 24, 1951 3

I have the honor to refer to the Embassy's Note No. 651 of June 174 and Your Excellency's reply of June 21 concerning the unintentional landing near Prague on June 8 of two United States jet planes, the pilots of which are still being detained by the Czechoslovak Govern

ment.

Your Excellency's reply takes the position that notwithstanding the unequivocal statements made by me during my conversation with you on June 15 and confirmed by the Embassy's note of June 17, the Czechoslovak authorities must examine "whether this really was a training mission and whether the Czechoslovak aerial border has truly been violated unintentionally." Your communication indicates that the investigation is still in progress, apparently seeking thereby to justify the continued detention of the two pilots.

My Government directs me strongly to reiterate the request made orally on June 15 and repeated in the Embassy's note of June 17 that the pilots in question be released without further delay. Your Excellency is reminded that these two young men have already been in the hands of the Czechoslovak authorities for 16 days, although all the information the pilots could possibly possess concerning their having become lost on a training flight and their landing in Czechoslovakia must have been communicated by them to the authorities during the first few hours, if not during the first few minutes after their emergency landing in this country on June 8.

Your Excellency is further reminded that although during our conversation on June 15 you declared the pilots are not prisoners, they have been and are still being held incommunicado, and efforts on the part of the Embassy to visit them and ascertain their personal welfare have been unavailing.

With respect to the statement in Your Excellency's note that the United States planes intentionally and systematically cross the Czechoslovak border, my Government declares that such charges are false and furthermore an unintentional crossing of the border by lost planes, as occurred on June 8, does not constitute, and would not be so considered by nations generally, "flagrant violation of the most fundamental principles of international law prohibiting any flights of military planes over the territory of another state without its express consent."

Furthermore, with reference to 116 alleged violations of Czechoslovak territory referred to in the enclosure to Your Excellency's note of June 21, it is remarked that no identification numbers and no description of any kind concerning the planes are given, and

1 Ellis O. Briggs.

2 Viliam Siroky.

3 Department of State Bulletin, July 16, 1951, pp. 93–94. See also statement of June 15, 1951, by the Department of State; ibid., June 25, 1951, p. 1019. 'Not printed.

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