5. "Is it true that in explaining the Department's policy on denying newsmen the right to go to China, inquiring reporters were first told that permission was being withheld because this was a good bargaining weapon which would help insure that the remaining American prisoners would be released?" The first statement of the Department's reasons for not authorizing travel by American newsmen to Communist China was in its press release of August 7, 1956, in which it noted that the Chinese Communists had created a "special impediment" to such travel by adopting the "practice of taking American citizens into captivity and holding them in effect as political hostages." The release noted that the Chinese Communists continue to hold American prisoners despite the fact that on September 10, 1955, they promised that all Americans in Communist China would be allowed "expeditiously to exercise their right to return to the United States." It concluded that it was not considered in the best interests of the United States that Americans accept the Chinese Communist invitation to travel in Communist China while these conditions continued. An important element in this decision was the belief that the United States should not change Its policies toward Communist China when the Chinese Communist authorities are using American citizens as political hostages for the very purpose of forcing us to modify these policies.

6. "Would you explain in your answer * * * distinguished between *** the Vogeler case *** and the Red Chinese case?"

The Department took such measures as it deemed necessary, including the refusal to allow all Americans except officials and journalists to travel to Hungary, and the general actions of the Department resulted in his release. There are attached for the committee's information a copy of a letter sent to Senator Douglas with respect to the Vogeler case; a press release of the Department's dated April 28, 1951; a press release of the Department's dated February 17, 1950; a press release dated February 15, 1950; a second press release dated February 15, 1950; and a press release dated January 3, 1950.

Hon. PAUL H. DOUGLAS,

United States Senate.

JANUARY 28, 1953.

MY DEAR SENATOR DOUGLAS: The receipt is acknowledged of your communication of January 21, 1953, with which you enclosed a letter from Mr. Ralph N. Moore of Oak Park, Ill., concerning recent statements by Mr. Robert A. Vogeler about the circumstances of his release from imprisonment in Hungary. Your interest and courtesy in bringing this matter to our attention are appreciated. The Department of State recognizes fully that this Government has a clear responsibility to afford American citizens every possible protection, wherever they may be, in the safety of their persons, the enjoyment of freedom, and the exercise of their inalienable rights. In keeping with this responsibility, it is the policy of this Department to employ all appropriate available means to protect and assist American citizens who are deprived of their rights and liberty or are otherwise mistreated in foreign lands. In these troubled times, however, available means may not always be immediately effective in upholding the rights and securing the release of American citizens who have been subjected to arbitrary arrest and other unjust treatment by Communist authorities in Soviet-dominated countries. In determining what measures it should adopt in any individual cases, the Department, of necessity, has to take into account the complex international situation, the interest and welfare of the entire American people, and the effects which any proposed action may have upon the welfare and fate of the American citizens who are directly involved in difficulty.

The Department of State was guided by these considerations in its handling of the Vogeler case. Its efforts on Mr. Vogeler's behalf were active and determined throughout a period of 17 months, as the record of difficult and detailed negotiations shows. Any allegation that the Department's efforts and ultimate success in effecting his release were due to pressure exerted by Mrs. Vogeler and the newspapers is not in accord with the facts. The Department of State and the American Legation in Budapest gave constant attention to Mr. Vogeler's case from the time of his arrest on November 18, 1949, until his release on April 26, 1851. Mr. Vogeler's release was accomplished through the processes of diplomatic representation and negotiation, which were carried on under extremely difficult negotiations with perseverance, skill, and firmness by the then American Minister to Hungary, Mr. Nathaniel P. Davis.

29174-58-pt. 2- -6

The conversations thus begun were patiently pursued by Mr. Davis with the Hungarian Foreign Office and were brought to an apparently satisfactory conclusion on June 16, 1950, when the Hungarian authorities agreed to proceed promptly with arrangements for Mr. Vogeler's deportation. According to this understanding, it was agreed that this Government, upon the release of Mr. Vogeler and his safe arrival at the American Legation in Vienna, would (1) permit the reopening of Hungarian consular establishments in New York City and in Cleveland, Ohio (2) again validate the passports of private United States citizens who might wish to travel to Hungary, and (3) facilitate the delivery of all Hungarian goods in the United States zone of Germany which had been found available for restitution to that country. The Minister was informed by the Hungarian Foreign Office that he would be notified on June 19 of the exact time and arrangements for Mr. Vogeler's release. Unfortunately, the attitude of the Hungarian Government in this matter underwent a sudden and complete change between June 16 and June 20, and by the latter date the Hungarian authorities were no longer prepared to carry out the full agreement of June 16 for Mr. Vogeler's release.

On June 17 and 18, the terms agreed upon for Mr. Vogeler's release received premature publicity and this occasioned wide speculation in the press. Subsequently, moreover, in the latter part of June, a rumor of unknown origin was given wide circulation by the press to the effect that the principal condition for Mr. Vogeler's release was the return of the historic Crown of St. Stephen of Hungary. This report was entirely untrue, as the subject of the crown up to that time had never arisen in connection with the Vogeler negotiations. Mr. Davis and the Department, being concerned to forestall a complete breakdown of diplomatic negotiations which it was imperative to carry out on a confidential basis, and being desirous of preserving the framework of agreement laboriously established after many months, concluded in this situation that the interests of Mr Vogeler would be seriously prejudiced by any public discussion or comment on their part regarding the details of the case. They therefore remained largely silent, although the Department felt it necessary to affirm in response to public inquiries that this Government was continuing its efforts to effect Mr. Vogeler's release and to caution that the speculative reports then current with regard to the subject should be treated with the greatest reserve.

When Mr. Davis called at the Hungarian Foreign Office on June 20, 1950, the Under Secretary for Foreign Affairs, Dr. Ander Berei, made it clear that the Hungarian authorities regarded the premature publicity on the terms of the agreement as particularly aggravating. Dr. Berei then insisted that the question of interference with the broadcasts of Radio Petofi in Budapest, allegedly resulting from Voice of America Hungarian language broadcasts transmitted from Munich, had not been properly clarified by previous discussion and that. accordingly, a solution of this problem was an essential condition for Mr. Vogeler's release. This was an entirely new condition for, although the matter had previously been discussed by Mr. Davis with the Hungarian Foreign Office in connection with the Vogeler negotiations, it had originally been treated as a technical matter requiring clarification rather than as a condition which the United States Government would be required to meet before Mr. Vogeler's release. Mr. Davis had presented and the Hungarian Foreign Office had accepted such a clarification, wherein it was pointed out that the alleged interference could be eliminated or alleviated if the Hungarian radio held exactly to its prescribed wave length and avoided spreading its signal.

Despite the Hungarian refusal on June 20 to implement the agreement reached on June 16, Mr. Davis remained in touch with the Hungarian Foreign Office in the hope of resolving the new differences which had arisen. However, the situation did not improve, for on September 11, 1950, Minister Davis was informed by the Hungarian Foreign Office that it would require as a further condition for Mr. Vogeler's release the return to Hungary of St. Stephen's Crown. Thus this matter, which had become the subject of unfounded reports and speculation after mid-June, now entered into and complicated the subsequent negotiations for Mr. Vogeler's release.

The Hungarian demands with respect to St. Stephen's Crown and the elimination of radio interference proved to be serious obstacles to the early conclusion of a new agreement for Mr. Vogeler's release and, as new factors, necessitated a review of the entire situation.

Mr. Davis, with the approval of the Department, continued his conversations with the Hungarian Foreign Office with a view to exploring all possibilities for bringing about Mr. Vogeler's release. In addition to his constant efforts looking

toward the accomplishment of this fundamental objective, the Minister also approached the Foreign Office on December 12, 1950, in a renewed attempt to secure permission on humanitarian as well as legal grounds for an American consular representative to visit and talk with Mr. Vogeler at regular intervals at his place of detention or elsewhere for the purpose of ascertaining his welfare, needs, and treatment. However, this request was rejected by the Hungarian Foreign Office on December 15, 1950, on the grounds that it lacked all legal foundation and that "under present circumstances the Hungarian authorities are unable to meet such requests."

Meanwhile, it had become increasingly evident that because of the proximity of the frequency used by Radio Petofi in Budapest and the failure of that station to stabilize its transmitter precisely on that frequency, the VOA Hungarian language broadcasts transmitted from Munich were frequently rendered unintelligible to listeners in Hungary, particularly in the Budapest area. When further investigation confirmed this fact, the Department concluded that it would be in the interest of effective VOA broadcasting to utilize another frequency which would assure a clear channel. Accordingly, this Government on its own initiative decided to terminate the relay of the VOA Hungarian program through Munich and to utilize another channel which would enable clear broadcasting. This change was announced by the VOA to Hungarian listeners on April 1 and was effected on April 7.

On April 9, 1951, following his return to Budapest from Washington on consultation, Mr. Davis called at the Hungarian Foreign Office to renew official discussions with Dr. Berei and to present the position of the United States Government once more in concrete terms. The Minister referred to the action which the United States Government, being concerned no less than the Hungarian Government with the problem of radio interference, had already taken on its own initiative and in its own interest to terminate the relay of the VOA Hungarian language program through Munich and to transmit through another channel clear of such interference. The Minister added that he assumed this action effectively disposed of the question of radio interference raised by the Hungarian Government. With regard to the question of St. Stephen's Crown, Mr. Davis informed Dr. Berei as follows:

"The Government of the United States is not prepared to discuss the return of St. Stephen's Crown as a condition to the release of Mr. Robert A. Vogeler. This property was not removed by force from Hungary but was surrendered to United States authorities for safekeeping and is being held in trust by them. It is therefore outside the scope of restitution and continues to be treated as property of a special status. The Government of the United States does not regard the present juncture as opportune or otherwise appropriate for taking any action regarding its disposition."

In conclusion, Mr. Davis stated to Dr. Berei, with reference to the part of the agreement of June 16, 1950, dealing with restitution, that the United States Government would perforce have to proceed with the liquidation by public sale of Hungarian property in the United States Zone of Germany found available for restitution, other than Hungarian cultural property, if full agreement were not reached by April 30 for Mr. Vogeler's release and the way thus cleared for the return of such property to Hungary.

Dr. Berei received the Minister's presentation of the United States position on these matters without substantive comment and stated that he would report to his government at once and communicate its reply to the Minister as soon as possible. On April 20, Dr. Berei made known to Mr. Davis orally and in writing that the Hungarian Government did not accept the United States viewpoint concerning the status of St. Stephen's Crown. He added, however, that independently of this question his government perceived no obstacle to the release of Mr. Vogeler at an early date, in view of the disposal of the question of radio interference, provided that the points of the agreement of June 16, 1950, regarding the Hungarian consulates, travel of United States citizens to Hungary, and restitution were confirmed by the Minister in writing. A press release by the Hungarian Foreign Office on April 21 officially confirmed that the negotiations for Mr. Vogeler's release had been concluded successfully.

[For the press, Department of State, February 17, 1950, No. 151]

In an interview on January 19, Mr. Matyas Rakosi, the Deputy Prime Minister and Communist boss of Hungary, informed the American Minister in Budapest,

February 1 to be in conformity with elementary principles of jurisprudence and justice. This Government therefore will continue to demand the fullest possible safeguards for Mr. Vogeler's rights in the matter of his treatment and his defense. It directly supports the right of his family and friends to choose and retain on his behalf both American and Hungarian legal counsel in whom they have confidence, and specifically endorses the request of Mr. Morris L. Ernst, who has been retained on behalf of Mr. Vogeler, for immediate admission to Hungary. The Government and people of the United States are deeply concerned and indignant at the intolerable attitude and behavior of the Hungarian Government in the case of Mr. Vogeler. They take an increasingly serious view of the treatment of this American citizen, wherein the Hungarian Government has violated both its specific international obligations and generally accepted principles of humanity. The Hungarian Government has an obligation before the world to assure the full protection of Robert A. Vogeler's rights. It will inevitably be judged and held responsible in terms of that obligation.

TEXT OF NOTE COMMUNICATED TO THE HUNGARIAN MINISTER FOR FOREIGN AFFAIRS ON FEBRUARY 1 BY THE AMERICAN MINISTER TO HUNGARY, MR. NATHANIAL P. DAVIS

I have the honor to refer to the Hungarian Government's reply of January 7, 1950, to the note which I communicated to you under date of January 3 concerning the case of Mr. Robert A. Vogeler.

I am instructed by my Government to state that it regards the above-mentioned reply of the Hungarian Government as wholly unsatisfactory. The Hungarian Government cannot, in the view of my Government, avoid its international responsibilities and obligations in the Vogeler case by asserting this matter is entirely an internal affair of Hungary. The United States Government considers that it has every right to concern itself with the treatment of this American citizen, who has been detained for over 2 months without access to American consular representatives or, so far as I am aware, to legal counsel. The United States Government will continue to concern itself with Mr. Vogeler's situation and until his release will hold the Hungarian Government responsible in every particular as regards his well-being.

In an interview on January 19 the Deputy Prime Minister of Hungary informed me that, in spite of repeated representations of the United States Government, Mr. Vogeler would shortly be brought to trial. The United States Government cannot accept such action as justified, especially since the Hungarian Government has refused to give me any explanation of the charges against Mr. Vogeler and has refused all of my requests concerning an opportunity for American consular officers to see him.

The Deputy Prime Minister further informed me that the trial of Mr. Vogeler would be public in order that the world might judge the correctness of Hungarian justice and assured me that Mr. Vogeler would have full opportunity to defend himself and might have as many Hungarian lawyers as he desired. In the light of these assurances, I am directed by my Government to invite your attention to the following:

Without prejudice in any way to its continuing demand for Mr. Vogeler's prompt release and liberty to depart from Hungary or to the reservation of rights respecting possible claims contained in my note of December 20, 1949, the United States Government asserts the right of Mr. Vogeler to the services of legal counsel retained on his behalf irrespective of the membership of such counsel in the Hugarian bar. In this connection, the United States Government requests that the Hungarian Government agree to the immediate entry of a private American lawyer and such assistants as he may require whose purpose will be to consult at once with Mr. Vogeler and the Hungarian legal counsel retained on Mr. Vogeler's behalf and to associate himself, together with his assistants, in the preparation of Mr. Vogeler's defense. Arrangements are now being made for the retention of such an American lawyer, whose name will be communicated promptly to the Hungarian Government.

The United States Government insists that American consular officers and the legal counsel retained on Mr. Vogeler's behalf be afforded immediate and thereafter continuous access to Mr. Vogeler with assurance of adequate opportunity to converse freely with him, prepare his case, and inquire fully into all matters which the consular officers, his legal counsel, or Mr. Vogeler may consider perti

nent for discussion. The United States Government requests also that the Hungarian Government give unqualified assurances that the legal counsel serving Mr. Vogeler will be wholly free to represent their client in a forthright manner and to conduct the latter's defense in a manner best calculated to serve his interests. Further, the United States Government requests that Mr. Vogeler's legal counsel and the American consular representatives observing the trials shall have free access day by day to the verbatim record of the proceedings of the court in this case. The United States Government also desires assurance that representatives of the American legation, consular or otherwise, will be allowed to attend the trial and that American newspaper correspondents wishing to proceed to Hungary for the same purpose will be permitted to do so and will be

admitted to the sessions of the court.

During my interview on January 19, the Deputy Prime Minister also informed me that the trial of Mr. Vogeler would disclose the "involvement" of members of the legation in this case. I must insist that any such allegations, if they are

to be made at the trial, and an explanation of the grounds on which they are based, be communicated to me at once as a matter of right and courtesy, since such charges obviously affect the relations between our two countries.

The Hungarian Government is requested to make a prompt reply in the above matters in order that its intentions may be clearly understood and full opportunity given to Mr. Vogeler's counsel to prepare adequately for his defense and in order that the conduct of the trial may correspond with the Deputy Prime Minister's assurances.

Accept, Excellency, the renewed assurance of my high consideration.

TEXT OF THE HUNGARIAN GOVERNMENT'S NOTE OF FEBRUARY 6 IN REPLY TO THE UNITED STATES NOTE OF FEBRUARY 1

The Hungarian court will proceed, in connection with the trial of Robert A. Vogeler's case, according to the dispositions of the Hungarian law of penal procedure under which only Hungarian lawyers registered in the Budapest bar can be entrusted with the defense of the accused.

The hearing on the Vogeler case at court will be public, consequently both Hungarian and foreign correspondents will have the opportunity to attend. The Hungarian Government otherwise maintains wholly its viewpoint taken in its note 0146/1950 of January 7, 1950.

[For the press, Department of State, February 15, 1950, No. 144]

In connection with Press Release No. 143, Secretary Acheson at his news conference today made the following statement:

"I have one brief statement to make on the trial of Mr. Vogeler which has been announced by the Hungarian Government. As I stated in talking to the Hungarian Minister last week, I cannot emphasize too strongly the seriousness with which we view the Hungarian Government's conduct in this affair. I can only add here that the Department will continue its efforts to safeguard Mr. Vogeler's rights and assure that he is properly defended. It is my earnest hope in this connection that the Hungarian Government will act favorably on the request of Mr. Morris Ernst, who has been retained to represent Mr. Vogeler's interest, to enter Hungary and be present at the trial."

[For the press, Department of State, January 3, 1950, No. 4]

Following is the text of a further note which the American Minister in Budapest, Mr. Nathaniel F. Davis, today communicated to the Hungarian Minister for Foreign Affairs with regard to the case of Mr. Robert A. Vogeler. There is also given below the substantive portions of the text of the Hungarian reply of December 24 to the previous United States note of December 20 concerning this case.