28. TRAIN INCIDENT OF SEPTEMBER 11, 1951: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, October 1, 1951 1

The American Embassy presents its compliments to the Czechoslovak Ministry of Foreign Affairs and has the honor to acknowledge the Ministry's note of September 202 with an enclosure concerning the unscheduled departure from Czechoslovakia for Germany on September 11 last of a train carrying approximately 100 persons, a number of whom have since freely indicated their desire not to return to Czechoslovakia. In this connection the Ministry makes a number of assertions, accusations, and complaints, as well as several requests, in regard to all of which the Embassy has been directed to reply on behalf of the American Government as follows:

The contents of the Ministry's note, and of publicity simultaneously emanating from official sources in Prague on the same subject, seem founded on the notion that the train in question was seized by Czechoslovak "terrorists" and that this seizure was part of a conspiracy involving these so-called terrorists and certain foreign agents. The Ministry implies that these conjoined forces are sinister, and their purposes hostile and, furthermore, that their behavior has been irritating to the Czechoslovak Government. The Ministry further implies that the Czechoslovak Government would like to get its hand on the persons who ran off with their train.

The Ministry's note employs this fiction apparently with the purpose to conceal, if possible, the fact that the direction and departure of the train from Czechoslovakia was an unaided undertaking of certain citizens of that country who adopted this somewhat unconventional method of leaving the country and simultaneously indicated their attitude. It is noted, moreover, that this explanation does not conform with the original attempt to intimate that defective brakes were responsible for the entry of the train into Western Germany. However much the Czechoslovak Government has chosen thus to explain the occurrence or attempt thereby to keep from the Czechoslovak people the actual circumstances of this departure, the United States cannot understand how the Czechoslovak authorities can seriously attempt to use this fiction in a diplomatic note to a foreign government.

To declare that a foreign agency aided in the execution of this enterprise is not only contrary to the facts but underestimates the ingenuity of the Czechoslovak citizens concerned, in which connection the Embassy has been authorized to make clear that the part played by the American Government in the episode in question has been limited to action by the United States authorities in Germany in

Department of State Bulletin, Oct. 15, 1951, pp. 626-627. See also Czechoslovak note of Sept. 20, 1951. and the U.S. reply of Oct. 1, 1951, regarding the treatment of four Czechoslovak officials who, according to the Czechoslovaks, had been sent to the U.S. Zone in Germany to negotiate with United States authorities regarding the train; ibid., pp. 627-629.

Ibid., pp. 624–625.

granting political asylum to all those asserting that they did not desire to return to Czechoslovakia.

According to such information as has come to the knowledge of the United States Government, recent departures from Czechoslovakia have been effected among other means by such vehicles as bicycles, automobiles, and trucks, as well as considerable assortment of airplanes and even a glider, whereof the train is merely the latest and largest conveyance to be employed. In addition there has been rather substantial exodus of Czechoslovak citizens proceeding on foot. World opinion has not been accustomed to hold, as the Ministry apparently attempts to do, that such persons who have sought to leave their country in order to obtain political asylum abroad are "terrorists" and "criminals." Based on records of the United States authorities in Germany, one quality which these Czechoslovak citizens coming to Western Germany have in common is the desire for human freedom. The American Government accordingly rejects the assertion that "grave crimes" were committed in an action involving the departure from Czechoslovakia for political reasons, or that the activities could be considered to come within the purview of the extradition treaty mentioned in the Ministry's note. In this connection reference is made to the United States position when the Czechoslovak Government asked for the extradition as "criminals" and "terrorists" persons leaving Czechoslovakia for political reasons by three Czechoslovak transport planes which landed at Erding Field near Munich on March 24, 1950. It was explained at that time that no basis in law exists for making or complying with such an extradition request. Neither the Extradition Treaty of 19252 nor any other treaties presently in force between the United States and Czechoslovak Governments can be considered applicable to the question of returning from the United States Zone in Germany any of those now accused by the Czechoslovak Government. It may be noted that Article III of the Extradition Treaty specifically excludes its application to any crime or offense of a political character and recognizes the right of the state receiving an extradition request to decide whether a case is of a political character. The United States has never recognized, as is also the case with many other countries, any obligation to extradite in the absence of a treaty. No basis therefore exists for the charge of the Czechoslovak Government that the United States has contravened any principles of international law or the stipulations of the Extradition Treaty.

The train in question had aboard approximately 100 persons when it reached Germany. Those who of their own free volition expressed a desire to return numbered 79 individuals, all of whom, except two, were permitted to depart from Germany within two days of their arrival, that is, as soon as their wishes had been ascertained and necessary arrangements for their return had been completed. The remaining two were returned on September 21. While they were in United

1 See the U. S. notes of Apr. 6, 1950 (Department of State Bulletin, Apr. 17, 1950, pp. 595-597), in reply to Czechoslovak notes of Mar. 30, 1950 (ibid., pp. 597-599).

2 Treaty of July 2, 1925; Treaty Series 734 (44 Stat. pt. 3, p. 2367).

States custody all appropriate facilities were provided for their comfort and welfare. The Czechoslovak Government may care to note how the United States authorities carried out this obligation of comity in comparison with the retention by Czechoslovak authorities for 26 days of two Western jet pilots in the United States jet planes who, on becoming lost and running out of fuel, were obliged to land near Praha on June 8.1

The train itself, which has been in the custody of appropriate authorities, will be released at the frontier near Asch. It will not be necessary for Czechoslovakia to send a delegation to Germany for this purpose. It may be pointed out in this connection that the Ministry did not proceed properly in attempting at the outset to obtain a release of the train by sending four representatives to the United States Zone without official notification to the United States Government.

Finally, note is taken of the statement in the communication under acknowledgment to the effect that Czechoslovakia seeks to reserve the assertion of a claim for "full compensation for damage caused to the Czechoslovak state," in reply to which the Embassy is directed to observe that whenever Czechoslovakia may feel impelled further to promote this project, that the Government may expect to receive a counter-claim including various expense incurred by the American Government in connection with the train in Germany.

As of probable interest to the appropriate Czechoslovak authorities, the Embassy encloses the original signed statement of seven passengers on the train, six of whom were listed in Annex A of the Ministry's note as being "forcibly abducted . . . against their will and unlawfully detained." As the Ministry will observe, no assertion could be farther from the truth.

Since the Czechoslovak Government has already published its communications of September 20 to the American Government, it is requested that comparable publicity be given by the Czechoslovak Government to this communication.

29. THE SLANSKY TRIAL: Statement by the Secretary of State, December 10, 19522

3

The recent trial of Slansky and others which concluded with the imposing of drastic sentences of death or life imprisonment for all of the accused is another in the series of staged spectacles patterned on the purge trials at Moscow during the 30's. There is nothing new or unexpected about it.

This show trial in which Stalinist communism devours its own children, and some of its most faithful votaries, has been repeated time and again to sound a macabre warning to those Communist leaders

1 See the U.S. note of June 24, 1951; supra, doc. 24.

? Department of State Bulletin, Dec. 22, 1952, p. 985.

Rudolf Slansky, former Secretary-General of the Czechoslovak Communist Party.

who survive. We may expect it to recur in the Soviet empire wherever it is deemed necessary to teach the lessons of utter unquestioning dependence upon the Kremlin and unswerving and successful compliance with its purposes.

It is an elaborate pretense with innumerable false charges, forced testimony, and induced confessions but its essence is a technique of totalitarian control. It is designed to terrorize satellite regimes, to punish them for shortcomings, to compel greater exertions, to produce scapegoats, and to provide a propaganda demonstration of the Kremlin's favorite hates whether states, organizations, or individuals of the free world.

As to the anti-Israel, anti-Zionist and anti-Jewish aspects of the trial, occasion was taken to introduce numerous hostile allegations against the Zionist movement and the State of Israel. It is not yet clear what consequences this development may have for Jews generally in Czechoslovakia and in other satellite areas of Eastern Europe.

The record of the proceedings presents an interesting review of all the deficiencies of the regime in Czechoslovakia since the February coup as adjudged by Moscow. That it was necessary to have this trial is evidence of Moscow's dissatisfaction with what the Communists have done or failed to do in Czechoslovakia, especially with [the] performance of that country in the economic sphere.

30. AIRPLANE INCIDENT OF MARCH 12, 1954: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, March 24, 19541

The competent American military authorities have made a detailed investigation of the incident alleged in the Ministry's note 2 and have found that two American aircraft on a routine training flight did in fact through error in navigation cross the Czechoslovak border at approximately the hour stated in the Ministry's note and thus penetrated inadvertently into Czechoslovakia. Unaware of their error, these aircraft were peacefully returning to their base when set upon without warning by Czechoslovak fighter aircraft who crossed into the territory of the German Federal Republic.

The investigation established without any question that no warning was given by the Czechoslovak aircraft before opening fire and despite this hostile act neither of the American aircraft ever fired upon or attempted to fire upon the Czechoslovak aircraft. Reports from reliable witnesses and empty shell cases found within the territory of the German Federal Republic confirm that the attack was carried on at 1402 hours central European time at an estimated altitude of 6,000

1 Department of State Bulletin, Apr. 12, 1954, pp. 563-564.

2 Note of Mar. 13, 1954; ibid., p. 564. The note charged that two U.S. military aircraft violated Czechoslovak airspace, refused to obey an order to follow a Czechoslovak airplane, and attempted to attack the latter. The note also stated that the Czechoslovak airplane had fired in self-defense. The note protested against "this repeated serious violation of Czechoslovak airspace."

feet when the American aircraft were flying over the territory of the German Federal Republic. This penetration of the German border by the Czechoslovak MIG 15 fighter took place near the town of Waldmuenchen, longitude 49 degrees 23 minutes north and latitude 12 degrees 43 minutes east.

The Embassy wishes to express its regrets for the unintentional violation of the Czechoslovak territory by American aircraft but must at the same time protest against the unjustifiable hostile acts committed by Czechoslovak fighters against American aircraft.

The Embassy wishes also to request that investigation be undertaken regarding both the unwarranted attack on American aircraft and the violation of the territory of the German Federal Republic by at least one Czechoslovak MIG 15 fighter plane. The Embassy would appreciate being informed of the results of the investigation as well as disciplinary action taken against the guilty persons involved.

31. CZECHOSLOVAK PROTEST REGARDING ARRIVAL OF AMERICAN BALLOONS IN CZECHOSLOVAKIA: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, May 24, 19541

2

The American Embassy presents its compliments to the Czechoslovak Ministry of Foreign Affairs and has the honor, upon instructions of the U. S. Government, to refer to the Ministry's note of May 5, 1954, concerning the arrival of balloons in Czechoslovakia. The U. S. Government is informed that the Crusade for Freedom Committee has sent messages to the people of Czechoslovakia by the vehicle of balloons. The Crusade for Freedom, an organization of private citizens, is supported by millions of Americans and expresses the aspirations of the American people for the freedom of all peoples. The messages, it has been learned, transmitted news items and discussed concrete goals in which the Czechoslovak people would be interested.

The operation was undertaken by this private organization and neither the U. S. Government nor the U. S. authorities in Germany were involved. The U. S. Government rejects the protest of the Czechoslovak Government which is without foundation.

As has been previously suggested, the United States holds firmly to the view that there must exist unobstructed communication between peoples if nations are to live in peace and freedom with one another. When a government violates this principle by trying to insulate its people from the world of ideas without, it is only natural that efforts will be made, both inside and outside that country, to break through the insulation. The choice of balloons as a means of communication in the present instance indicates that the Czecho

1 Department of State Bulletin, June 7, 1954, p. 881. See also the U.S. note of July 31, 1953 (ibid., Aug. 17, 1953, pp. 210-211) and Czechoslovak note of July 20, 1953 (ibid., p. 211).

* Not printed.

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