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AMNESTY Q otatelessne No 9. 18th October, 1961 Subscription EI-Is. for six months see page 2 Alvarez Poet of Freedom page 3 Amnesty Notes page 4 Three Case Histories page 5 There's one thing to be said for imprisonment Letter to Editors without trial—It's better than being imprisoned after a mock trial." page 6 v
People without a country—what is done for them ? "Stateless ..." by Hilary Cartwright designed to ensure, as far as possible, that no something ing themselves D OING to prevent without find- is an urgent individuals a country one shall be born or remain stateless, or be problem. There are millions of them in the deprived of his nationality in circumstances which world today. would render him stateless. Contracting states This problem was first raised before the United undertake to grant their nationality to a person Nations in 1954 when the International Law born on their territory who would otherwise be Commission submitted to the General Assembly stateless, either automatically or on application. drafts of a Convention on the Elimination of They further undertake to grant their nationality Future Statelessness and a Convention on the to the children of their nationals if those children Reduction of Future Statelessness. On the 4th are not born in a contracting state and would December, 1954, the General Assembly passed thus be stateless. a resolution expressing its desire to conclude a The Convention provides that loss of nationality convention dealing with this problem as soon as shall be conditional upon the person's concerned at least 20 states had expressed their willingness possessing or acquiring another nationality. Sub- to take part. ject to very limited exceptions, no person shall The Conference called as a result of this lose the nationality of a contracting state if that resolution met in two parts. The first was held loss would render him stateless. The exceptions in Geneva in March-April 1959, but it was unable refer to the individual's own wilful act, or default. to complete the work before it. A second series Naturalised persons may be deprived of their of meetings was held in August 1961 at the nationality by governments retaining this right, United Nations Headquarters in New York. in two circumstances: (a) if they have resided Thirty-six states took part in these Conferences abroad for not less than seven years and failed and a thirty-seventh was represented by observers. to make a declaration of retention; and (b) if All five continents were represented, but the only the nationality has been obtained by misrepre- Communist country present was Yugoslavia. The sentation or fraud. States also retain the right only African country was Egypt as part of the of depriving an individual of his nationality on United Arab Republic. Most of the delegates three grounds, but only if these grounds are part came from Western Europe and the Americas, but of the national law of the contracting party at the Middle East and Asia were also well repre- the time of signature, or ratification of the treaty. sented. At both Conferences the United Nations These grounds are: (a) working in the service of High Commissioner for Refugees was represented another state in spite of an express prohibition; by an observer, as were various inter-govern- (b) taking an oath of allegiance to another state; mental organisations. and (c) conducting oneself in a manner seriously The Conference discussed the draft Convention prejudicial to the vital interests of the state. and had before it observations submitted by Contracting states, retaining the right of depriva- governments and a preparatory documentation tion, undertake to provide for the person con- presented by the Secretariat of the United cerned a fair hearing by a court or some other Nations. On the 28th August, 1961 the Con- independent body. ference was able to adopt a Convention on the Provision is made by the Convention for the Reduction of Statelessness. examination of claims and the settlement of The main provisions of this Convention are (Continued on page 7) 2
Spain ALVAR E Z Poet of Freedom editorial staff Reconquista de he received his last sentence of ON bal5thVega March,Alvarez, 1960, Cristo- the Espana (Reconquestof Spain), the eight years. Spanish poet and journalist, had paper of the Spanish National This last trial was, it seems, Union. During this period, in already served twenty years in October 1944, he was a delegate to based on an incident that had prison because of his liberal happened as far back as 1946, the Congress held in Toulouse. when Alvarez was found with a political views. Yet on 6th At this time he was deeply in- certain newspaper, which was then March, 1960, one day after he terested in the activities of the confiscated. The name of the paper was due to be discharged, he " Spanish Maquis." He returned is not known, but it is described vs was faced with a new sentence to Spain to live and work in this a newspaper which anybody can of eight years—based, appa- movement so that he could gain rcad freely anywhere where there personal experience and documen- is a minimum of freedom, a rently, on nothing more circum- tation for a series of articles he " democratic " paper which was stantial than having been in the was planning on the subject. not directed at any institution or possession of a newspaper of Once more he was arrested— any person. Alvarez could have " democratic " views. For this this time in the mountains of had no idea that this would be he was sentenced by a Military Navarre. This time he had neither held against him let alone that it Tribunal to the eight-year term taken part in any action of would warrant a full court-martial. violence, nor held office or com- Nevertheless, a Council of War which he is today working out was set up and decreed a period mand in the military units. behind the walls of the prison Legally, even if tried as an ordin- of no less than eight years' impri- of Santa Maria in Cadiz. ary soldier, he could only have sonment for an " offence " for been condemned to a maximum which any ordinary tribunal might, The long story of Alvarez's sentence of six years and a day. at most, have sentenced him to arrests beginsin March 1939,when Nevertheless, the sentence climbed two months. he was detained at the prison in to 12 years and a day, then to 20 The crimes of C. Vega Alvarez. Utrera. From there he was taken years and a day, until it was finally for which he has paid for so many to Avila, where, because of his settled at 30 years penal servitude. years, seem to be that he had been journalistic activities under the a journalist before the Civil War, Republic, he was court-martialed Alvarez is said to have been an " exemplary " prisoner. All the that he had lived with the and sentenced to 20 years' im- " Maquis " to gain material for prisonment. In 1941he was trans- reports requested by the military and prison authorities carry the articles, and that he had been ferred to Astorga, and in 1942 to found with an unpopular a penal detachment in Guipuzcoa, same phrase: " His conduct is ex- news- ceptionally good." Alvarez always paper. where the prisoners worked for a worked in prison so as to benefit building enterprise called " Ferro- Vega Alvarez has been described carriles y Constucciones A.B.C." from the system of redemptions as representing the authentic liberal (A.B.C. Railroads and Construc- through work " which is in opera- thought of Spanish intellectuals. tions.) tion in Spanish prisons. In spite He has had several works pub- of this and the right to conditional lished, the last one being a book In 1943 he was released condi- freedom granted, subject to good of poems. The irony is that most tionally, and he remained a free behaviour, he had been in prison of his poetic output has come from employeeof the A.B.C. Railroads. for 11 years before he could claim behind bars, even though he is But after a short time he crossed to be discharged conditionally on known to his admirers as " the to France where he worked on the 5th March, 1960. It was then that Poet of Freedom." WORK FOR DEMOCRACY IN ACTION: SUPPORT "AMNESTY" 3
Amnesty Do we get an answer? No. 9 18th October, 1961 3rd October, 1961 His Excellency the Cuban Charge d'Affaires, The Cuban Embassy, 22 Mount Street, London, W.1. Comment Your Excellency, ORGANISERS of thein I am writing this letter on behalf of APPEAL FOR AMNESTY, a AMNESTY Movement newly-formed international organisation for the defence of freedom of France, Germany and Belgium opinion and religion. At London Headquarters we are compiling a library arrived in London on Saturday, of biographical details of Prisoners on Conscience, that is to say, people 7th October for the second meeting who are held in prison solely because their views are unacceptable to of the International Committee of their Government. We have received a letter asking us to include within the Movement; other national the library a Cuban citizen by name Luis Miguel Linsuain. My organisers sent good wishes. The informant writes to say that he has been held for some time incom- principal object of the meeting was municado in Santiago de Cuba. We understand that no charge has to decide the form of the Move- been brought against him and that he has not been tried. ment after the end of 1961. The main function of the We should be obliged to learn from you what are the reasons for holding Luis Miguel Linsuain prisoner. If our information is correct AMNESTY Movement is to mobi- lise public opinion by disseminat- and he is being imprisoned solely because his views are unacceptable to ing information about individual your Government, then we would ask you to transmit to your Govern- ment the fervent hope that he will be released from prison as soon as prisoners. This in turn depends on steady and reliable sources of is possible. information for the Librar y. Yours sincerely, Where there is censorship, or no PETER BENENSON means of communication, the only effective way of obtaining inform- ation is by sending personal investi- gators. But money is needed for on-the-spot investigations. Amnesty Notes How to raise money and finance Fridtjof Nansen, the centenary Ghana, by cable, that those he the Movement? It was agreed that, of whose birth was celebrated on recently arrested be brought to at first, every penny must be used October the 10th, 1961, was a man trial. We received the following in building up the Library. Other schemes, though admirable, must of many parts, zoologist, explorer, answer: " Re your cablegram, be postponed. don, diplomat, and humanitarian. 4.10.61, the Government will soon As Norway's first Ambassador to publish full facts about the It was decided to concentrate on Britain, he started out on a career arrests." All very promising no commemorating the Universal of international services, ending up doubt, but meanwhile President Declaration of Human Rights on as the first High Commissioner for Nkrumah's political opponents are December 10th, the day set aside Refugees. His untiring efforts on still behind bars without a trial. by the United Nations for this behalf of refugees led to the purpose. In London the ceremony creation of an international pass- will take place in St. Martin's-in- port to which he gave his name. Willi Brandt, the mayor of West the-Fields, and it is hoped that It is a sad comment on the state Berlin, recently told Ion Ratiu, on simultaneous ceremonies will be of the world that statelessness is the plane from Berlin to Bonn, held elsewhere so that the inter- once again on the increase. Paying that the humanitarian aspect of the national and idealistic character of tribute to Nansen would perhaps crisis must be coped with. Fami- the Movement is brought home. be best achieved by introducing lies must be allowed to be re- It is essential for the AMNESTY an international passport, thus united whatever the political deci- Movement to carry support from greatly diminishing or even extin- sions of the Great Powers about all parties, churches and countries. guishing statelessness. the " Ulbricht Wall." There is a By building up the Library, with precedent: the agreement between funds principally gathered on Communist Poland and the Federal Human Rights Day each year, no German Republic concerning fami— existing organisations would be A M N EST Y " earnestly re- lies hit by the introduction of the hurt and all would benefit. quested " President Nkrumah of Oder-Neisse Line. 4
Three case histories Petru Dumitriu Ly Phat Truong-William Bechtel "rr HE Rumanian Pasternak," search for free expression could be able consideration of Mr. Truong's 1_ as most French critics have thus termed, they cannot in a — application. Simultaneously, a dubbed him, Petru Dumitriu, civilised community— be punished. telegram to the same effect was author of " Family Jewels," Their association with him is sent to the Minister of the Interior purely accidental. Let the of the Cambodian government. At recently published by Collins, Rumanian Communist government the date of writing no answer had has asked AMNESTY to inter- open the prison gates and set these been received from the govern- vene for his relatives and friends people free. Let them allow ment, nor from the Ambassador in Rumania, all of whom are in Dumitriu's daughter to join her who, in any event, would have to prison. parents here in the West. pass on the communication to his No wonder. Up to 1960, Petru ION RATIU. government. Dumitriu was the top pampered • In accordance with AMNESTY writer of the Communist régime policy, if the request is turned of Rumania: a State Prize-winner Governments down the Cambodian government for literature in 1949, 1952 and political will be approached with a view to 1955, a Director of the State Pub- THE to grant request to asylum to individual political refugees is obtaining agreement that Mr. lishing House for Literature, Truong should be released to a Chairman of the Board of Publish- becoming an increasing occupa- third country willing to grant him ing Houses coming under the lion for AMNESTY. Late last political asylum. If that agreement Ministry of Culture. Thanks to month an attempt to gain per- is forthcoming the problem re- his exceptional position of " trust," manent refuge in Cambodia for mains of finding an agreeable third Dumitriu was allowed to go to a political opponent of Mr. Ngo country. Berlin, accompanied by his present Dinh Diem, the dictator of LOUIS BLOM-COOPER. wife. He promptly fled to the South Vietnam, has not yet West as he could no longer bear proved successful but hopes are " to suffocate under the atmos- high. phere of a Communist State." But his defection was too much of a Mr. Ly Phat Truong, a chemist aged 48, recently fled from South A ingFEWa heavy hours dose after ofswallow- poison good thing. It hurt too much. It could not go unnoticed. Vietnam to Pnom Penh, the capi- on the 3rd November, 1960, So the Communist rulers of Bucharest im- tal of Cambodia, without a pass- Dr. Felix-Roland Moumie, the mediately arrested all his close port. He was arrested by the exiled President of the relatives :— Cambodian police for having en- Cameroons, died in hospital in tered the country illegally, was Geneva. The next month, the Irina-lleana Dumitriu—born charged, tried and sentenced to 12th March, 1959, Dumitriu's Swiss police issued an inter- three months 'imprisonment. national warrant for the arrest daughter. Ileana Medrea — Dumitriu's He has now appealed to the of William Bechtel, a suspected sister. Cambodian government that on member of the " Red Hand," Petru and Tereza Dumitriu— the conclusion of his prison sen- the clandestine organisation of the writer's father and mother. tence he should be allowed to re- main in the country on the the French Algerian " ultras." born 1891 and 1894. Henrictte Yvonne Stahl— ground that if he is expelled and Bechtel, it appeared, had dined Dumitriu's former wife and a returned to Vietnam he is bound with Moumie in a Geneva restau- well-known writer. to be sent to a concentration camp rant the evening before he died Marietta Sadova — one of at the instigation of his political —and Bechtel had previously Rumania's best known actresses rival, Mr. Diem. been reported to the police for, and a close friend of Petru among other things, threatening On 25th September, the directors a Berne lawyer who had profes- Dumitriu. of AMNESTY wrote to the Cam- sional relations with Algerian These people are blameless. bodian Ambassador to the Court Whatever Dumitriu's guilt, if his of St. James's requesting favour- (Continued on page 6) 5
To the Editors of "Amnesty" OTHER PAPERS- PLEASE COPY! DEAR SIRS, The elements of the answer to the problem of Germany were made A Norwegian newspaper has known by genuine democrats in East Germany some years ago. They written to say that its editorial were promptly imprisoned for their pains and in prison they remain. It board has decided to form them- is possible that some of them may be dead. We just do not know. The selves into a THREE. The idea black-out appears to be complete. is to let the readers know what steps can be taken to build up Professor Wolfgang Harich and an unknown number of his associates pressure for a prisoner's release, were arrested in and after March 1957. Harich, then 36 years of age, and to bring relief to his family. was given ten years for " treason." At the time of his arrest he held It is hoped that newspapers and the Chair of Social Sciences at East Berlin University, perhaps the most magazines in other countries will important academic position in East Germany. follow this helpful lead from Just before he was taken away Harich wrote a remarkable memoran- Norway. dum which, translated by Sebastian Haffner, appeared in this country in The Observer on 17th March, 1957. In it he gave a vivid account of the history and ideas of an opposition group in the Socialist Unity Party THREE CASE HISTORIES that " has grown particularly in the cultural institutions of the G.D.R. —universities, technical and other colleges, newspaper offices, publishing (Continued from page 5) houses.... Berthold Brecht sympathetically co-operated with our group up to his death and regarded it as the best hope of the party." political refugees. Two days Although parts of Harich's formula need to be brought up to date— after Moumie's death Bechtel disappeared from Geneva. A little as one can be sure he would be the first to admit—there are grounds for later he was arrested in West supposing that his essential message is indispensable if the present dead- Germany. As far as information lock in Germany is to be resolved without war. It seems to me, there- received at AMNESTY head- fore, that it is a matter of some urgency that his memorandum be re- quarters shows, he has, as yet, published in some way and become widely known. And the matter of neither been handed over to the his release from prison is surely an AMNESTY case par excellence. Swiss police, nor brought to His thesis is simple enough—that the Socialist Unity Party be " f reed trial. from Stalinism and completely independent from foreign parties in its The whole case is shrouded in ideology and policy " and have " nothing in common with the Communist mystery. Bechtel's whereabouts Party of the old type." That such a party should work for unity and are not known, nor are the ultimate fusion with a Social Democratic Party and government in the reasons for his detention without West that for their part were committed to " reversal of remilitarisation. trial. AMNESTY has no wish to Withdrawal from N.A.T.O. Removal of fascists and militarists from take up cudgels on behalf of an administrative positions in the Federal Republic. . . ." By this means. alleged assassin, nor does it desire from below, Germany, anti-militarist, democratic and free of both to attempt to intervene in the due power-blocs and military alliances might be reunited. course of the law. But it insists Surely this is the key to the future of Germany and therefore to world that Bechtel, guilty or innocent, peace? be brought to trial. The motives People like Harich and his friends in East Germany should be free to for his continuing confinement communicate with Germans like themselves in the West. are obscure, though they are un- doubtedly political, and political Yours sincerely, considerations should not be used to prevent the administration of PETER CADOGAN. justice. Nor should they be used EDITOR'S NOTE : By all means let's support Harich's release for all as a justification for withholding we're worth. But is the Social Democratic Party of Willi Brandt " com- a man's liberty for an indefinite mitted" to Germany's withdrawal from N.A.T.0.? And, anyway, is it a period. good thing, if it were? MICHAEL HARNETT HAVE YOU SEEN OUR CHRISTMAS CARDS? If not, write TODAY to Amnesty Christmas Card Department,153, Victoria Street, London,S.W.1. Free sampleson request. 6
Matters of Moment " Stateless •••" One word " AMNESTY " is the title of the perman- (Continued from page 2) ent Movement with the sub-title, " AN INTER- NATIONAL MOVEMENT FOR FREEDOM OF disputes. The Contracting states agree to pro- OPINION AND RELIGION." An emblem has been chosen, shortly to appear on all publications. mote the establishment, within the framework of the United Nations, of a body to which a person can apply for the examination of his claim and for assistance in presenting it to the appropriate Poland Today authority. Where a dispute arises between states it is to be submitted to the International Court Addressing letters to members of the Government of Justice if it cannot be settled by any other demanding better conditions for writers seems to be a heinous crime in Poland today. The 53-year-old means. Polish novelist, Jerzy Kornacki, has been arrested and is held for this reason. Is there going to be a The Convention is open for signature from trial, and when? the 30th August, 1961 to the 31st May, 1963. It will enter into force two years after the date of deposit of the sixth instrument of ratification. CONVOYS LTD. Any state, on ratifying, may make a reservation as to the enforcement and settlement of disputes. Officially Appointed Travel Agents To It may also make a declaration of retention of " ODYSSEY " the rights of deprivation of nationality allowed Head Office by the Convention as described in this article. 6, Bouverie Street, London, E.C.4. APPEAL FOR AMNESTY welcomes the com- FLEet Street 4060 (15 lines) pletion of this Convention. Its adoption will 21, Tothill Street, 17, Merton Road, undoubtedly forward one of the chief aims of London, S.W.1. Bootle, Liverpool, 20 AMNESTY. the finding of new homes and jobs Trafalgar 5445. Bootle 4141. for political exiles. All AMNESTY supporters 6, Carlton Place, Worsley Road, must do all they can to urge their Governments Glasgow, C.5. Swinton, Manchester. to sign and ratify this Convention. Glasgow South 3325. Swinton 3221. HILARY CARTWRIGHT. "The Spectator The first and liveliestof the Britishweeklies Every Friday, 9d. 7
Are you helping? This is what If Amnesty is to be effective We have ourselves circulated the as an instrument for the achieve- ment of greater political liberty it paper on approval to those we thought might make a subscription. AMNESTY must have a wider circulation— We now ask them to send in a and it must be solvent. Many of you who are reading guinea and in return they will re- ceive Amnesty until the end of the is all about this will already have sent in a year. HE organisation known as subscription to the paper. We ask As the weeks pass so the quality APPEAL FOR AMNESTY you to help us get Amnesty of the paper will improve. This 1961, was launched by a group more widely read. Mention it to fortnight's issue invites your direct of lawyers, writers and pub- your friends, mention it to strang- lishers in London, all of differ- participation in at least two im- ent backgrounds, political atti- ers if you have the opportunity, portant matters—asking how you tudes and religious views. circulate it or leave it somewhere think a democracy should deal It aims for the release of all where other people will read it. with civil disobedience, and your people, in whatever country, You can do something now by assistance in providing a working who are held prisoner far their filling up the coupon below with paper for the Frontiers of Freedom opinions and their conscience, the names of people whom you conference. who are physically restrained know would be interested in from expressing genuine non- Help us to stay alive and to violent views. A mnesty. grow. It aims to build up in all countries a publicity campaign which will set a tide of opinion running in favour of all Gov- To : AMNESTY, ernments—of whatever shade 1 Mitre Court Buildings, of opinion, in whatever part of the world—guaranteeing the Temple, freedom of men to express London, E.C.4. their opinions and practice their faiths, however opposed enclose ft Is. as my subscription to A mnesty for six to their nation's Establishment. months. Cheque/P.O. Membership of the founding *I am sending the names and addresses of the following people group is reserved to those who are determined to ensure that who I think would like to receive Amnesty regularly. the conduct of APPEAL FOR AMNESTY 1961 remains wholly impartial — between countries, parties, politics, ideologies, religions. Its aim is not to speak for non-com- munist prisoners in Communist lands, nor for Communist pri- soners in other totalitarian lands, but to agitate for the rights of both—and, indeed, those who are neither. The Joint Directors are: Eric Baker, former Joint Secretary of the Quaker Centre in Delhi and Secretary of the National Peace Council in London until 1959, and Peter Benenson, who in 1956 took the initiative which led to the formation of " Justice," the all-party body of lawyers to uphold the Rule of Law. My name is There is a tremendous lot more to be said about APPEAL Address FOR AMNESTY 1961 that cannot be said in this column. If you want to know more, as we hope you do, write to * Delete if inapplicable. Mitre Court Buildings or 'phone London Central 7867/ 9429. Published by Appeal for Amnesty 1961, 1 Mitre Court Buildings. London, E.C.4, and produced in the U.K. tor the publishers by the Co-operative Printing Society Ltd., (T.U.), 741, Tudor Street. London. E.C.4.
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