FINCH, Edward R.

9/20/73

FINCH & SCHAEFLER

36 WEST 44TH STREET
NEW YORK 10036

LEON SCHAEFLER
EDWARD RIDLEY FINCH, JR.
RICHARD HENRY PERSHAN
CHARLES M. ARAK
GEORGE A. NELSON, JR.
EDWARD R. FINCH
1873-1965

September 20, 1973

TEL. MURRAY HILL 7-3636

CABLE ADDRESS: FINSCHA, N. Y.

Dr. Henry A. Kissinger
The White House
Washington, D.C.

Dear Henry:

Enclosed you will find recent Membership Book of the University Club. Would you take two minutes and check three or four names of men whom you know just so we can complete your file for membership. Please ask your secretary to return the book to me with the checkmarks and I will take care of everything. We really want you for membership but we also want to do things right! You already have your file mostly complete.

Gus Levy, Harold Helm and Ray Johnson
and many of your friends join me in sending our warm
personal regards.

Congratulations on the confirmation
of Secretary of State, and please give my warm per-
sonal regards to Tricia.

ERF:R

Encl.

FINCH & SCHAEFLER

LEON SCHAEFLER
EDWARD RIDLEY FINCH, JR.
RICHARD HENRY PERSHAN
CHARLES M. ARAK
GEORGE A. NELSON, JR.
---
EDWARD R. FINCH
1873-1965

December 3, 1973

TEL. MURRAY HILL 7-3636

CABLE ADDRESS: FINSCHA, N. Y.

Hon. Henry Kissinger
Secretary of State
Department of State
Washington, D.C.

CONFIDENTIAL and PERSONAL

Attention: Miss Bonnie Andrews

Dear Henry:

Enclosed is a copy of letter recently received
from Admiral Georges Cabanier, Paris, France. As formality
permission is respectfully requested from the United States
to receive the French Legion of Honor which they intend to
confer upon me. You will note they have asked that the
award be kept confidential until it is rendered public by the
French.

Am awaiting word from you as to when it will be
most convenient for me to drop in for five minutes to see you
in Washington or New York to give you my reactions to the
conferences with the Soviet space officials during the recent
missile alert. I carried out exactly your wishes in my ex-
pressions to them and I hope that it was of some assistance
as they were fully aware of my relationship to President
Nixon's family, and in fact, had even read all of my current
published articles on international space law and asked why
I did not attend the conference in Baku, U.S.S.R. approx-
imately ten days before!

Looking forward to seeing you soon at which
time I will give you additional information which I prefer
not to write in a letter.

ERF:R

Encl.

FINCH & SCHAEFLER

7401453

EDWARD R. FINCH
1873-1965

January 17, 1974

TEL. MURRAY HILL 7-3636

CABLE ADDRESS: FINSCHA, N. Y.

Dr. Henry A. Kissinger
Secretary of State
State Department
Washington, D.C.

Dear Henry Kissinger:

As requested by Miss Andrews of your office and in
confirmation of telephone conference with Mr. Campbell and
with Miss Andrews, during your absence from the United States,
I am pleased to enclose a copy of your personal letter to me
of July 13, 1973.

You will note in your letter to me of July 13, 1973, you stated, "I would be glad to make an address to the Members of the Club early next year." We had tentatively arranged Saturday, January 26th at 12:15 at the University Club for your address, but we have cancelled the same in accordance with Miss Andrew's advice to me on the telephone today.

Certainly we understand the pressure of your schedule
from my past service as former U.S. Ambassador and former
Personal Envoy of the President of the United States last year.

Please let me know what alternate date would be satisfactory as we have cancelled this off the record reception and luncheon in your honor and would like to set it for any Saturday convenient to you in the near future.

With warm personal regards,

ERF:R

P.S. Congratulations on your election to membership
in the University Club of New York We will present
the Club's formal letter to you when we see you
at your convenience.

Ed.

cc: Miss Bonnie Andrews
Richard Campbell, Esq.

FINCH & SCHAEFLER

TEL. MURRAY HILL 7-3636

CABLE ADDRESS: FINSCHA, N. Y.

February 14, 1974

Dear Henry:

I am delighted that you found the time to get Ellsworth Bunker on the Panama job and then to go down there and wrap it up with a statement of principles yourself. This is exactly what I recommended be done, to President Nixon, immediately upon my return as Mr. Nixon's personal envoy to Panama in October, 1972. Confidentially, I feel the opposition in Congress will fall into line behind your statement of principles for the new-found Panama Canal Treaty.

President Nixon's interest in the International Drug Program enforcement in Panama obviously got lost in the higher priority of the Panama Treaty principles. We ought to hit the General on this one again before it slips backwards too much. Maybe another shirt-sleeve session with the General on the porch of his house, as I did before, is in order? However, I would like to talk briefly with you and Ellsworth about Foreign Minister Tack.

I was delighted to receive your letter that you would give me a date (a Thursday night or a Saturday noon) in April to come and speak to the University Club, as Winston Churchill, President Nixon and others have done in recent years.

Congratulations on your election to membership. It was a pleasure for Gus Levil and I to set it up and do it for you.

Best regards,

Cordially,

The Honorable Henry Kissinger
Secretary of State
State Department
Washington, D. C.

THE WHITE HOUSE

WASHINGTON

October 9, 1972

Personal and Confidential

Dear General:

I am pleased that a distinguished American, Edward R. Finch, Jr., is serving as my personal envoy to the October 11 inaugural ceremonies. He brings with him my best wishes as you undertake the duties placed upon you recently by the representatives of Panama's communities.

As I think about the current relations between our two countries, it is clear to me that we share many common goals for our peoples: increasing prosperity, improvement in standards of living, reliance on peaceful means for settling disputes, and many others. I am pleased that your country has experienced unprecedented economic growth and that the United States, through its direct and indirect assistance, has been able to contribute to that accomplishment.

However, there are some problems that we need to face and to solve together. You can be certain of my sincere desire to end the differences that have long existed as a result of the Panama Canal Treaty relationship. I am sure you share with me the hope that we can achieve, as soon as possible, a new treaty -- one that responds both to the aspirations of your people and to the essential needs of my country.

Prompt achievement of such a treaty depends on the diligent pursuit of our negotiations and on the maintenance of a climate in which the negotiations can proceed quietly and constructively. I earnestly hope that we will be able to work together effectively in maintaining that climate and in pursuing these negotiations.

DEPARTMENT OF STATE
WASHINGTON

CONFIDENTIAL

MEMORANDUM FOR THE PRESIDENT

Subject: Report on Conversations with Panamanian Leaders

I am honored to report to you on the conversa-
tions I held with Panamanian leaders while serving
as your Personal Representative to the inauguration
ceremonies in Panama City October 9-12, 1972.

Your letter to President Lakas was presented
along with your gift, and he was pleased with them.
Lakas is a friend of the United States. He is aware
and appreciative of U.S. financial assistance. He is
distressed over continued poverty in Panama. He gives
assurance that he will cooperate with the United States
in regards to the Johnny and Layla Express matter and
the return of Captain Villa. He was reminded of your
public commitment to secure Villa's release and assures
me he will follow this up. On all other matters he
"ducked" and referred me to General Torrijos. The
private conference with President Lakas lasted about 45
minutes.

The conference with General Torrijos took place
about 6:00 P.M. on the porch of his home, in shirt
sleeves, for approximately 1-1/2 hours. Your letter of
October 9, 1972, with translation into Spanish, and a
pair of presidential seal cufflinks were presented to
General Torrijos, with your congratulations.

CONFIDENTIAL

CONFIDENTIAL

2

I thanked General Torrijos for his current cooperation on the drug and narcotics problems. I told him of your personal interest and firmness of purpose in respect to the traffic in dangerous drugs, and asked him for his public and private cooperation in the same. After discussion about its effect on youth in Panama and in the United States, he agreed to continue and expand his cooperation in this matter. Publicly at a press conference the following day he did so for the first time. It is a sensitive matter for certain reasons in Panama, but we succeeded.

The next subject discussed was the Pan American Highway and the hoof and mouth disease problem. General Torrijos said that Panama had taken the necessary steps with regard to Panama's side of the border for a health zone, but that Columbia had done nothing. He wants U.S. pressure on Columbia. He asked me to personally convey this message about pressure on Columbia with respect to aftosa to you, and to assure you of Panama's cooperation on this matter.

General Torrijos is an impetuous, strong, quiet man of little talk, of limited legal and limited strategic military education. He asked me to thank you for the five U.S. planes recently sent him.

He said he is sitting on a powder keg as far as the Panama Canal is concerned. He said to me that he would prevent a civil confrontation at the Canal border until after the election and that he had gone to the University once personally quite recently, to put a stop to growing student and civil unrest. He repeated his remark that the U.S. and Panama are sitting on a powder keg. I could not get any assurance from him that it will not blow up and give us a Christmas present between election and the first of the year, or soon thereafter. General Torrijos repeated his assurance that he would keep everything quiet until after the U.S. elections, although I did not ask him to do this. In my opinion, the situation would blow up much sooner except for Torrijos and U.S. economic aid to Panama.

CONFIDENTIAL

CONFIDENTIAL

3

Torrijos dislikes Congressman (Ambassador-designate) Bow and said so clearly. I explained that, because of your problems with our Congress, Congressman Bow might "turn around" and be an excellent appointment for Panama, rather than be the match that will light the fuse as to the Canal confrontation, which Torrijos thinks will happen. My suggested solution is to delay the appointment of Congressman Bow as the new Ambassador to Panama until the middle of 1973. Ambassador Sayre is doing a quiet, superb professional job and the top level Panamanians trust him. We should not change horses in midstream.

Continuing to follow through on your letter to him, I pressed General Torrijos to stop discussing the Panama Canal issue in the U.N., OAS and in the press. Torrijos said he had to let some steam out of the kettle occasionally to help him keep the situation cool in Panama.

He stated he wants to have a role in the defense of the Canal - a "joint military command" - as a way to reduce the exaggerated U.S. military presence. He wants the U.S. Southern Command eliminated. These items he constantly reverted to.

In my opinion, General Torrijos should be invited at once to the U.S., and particularly to see NORAD, as he has no concept of ballistic missile defense. He does not realize that Panama has no capability without the U.S. in that regard. He was most pleased that I offered to go out in the field in Panama with him.

I pointed out to Torrijos Ambassador Anderson's very recent excellent letter to the Foreign Minister on the proposed new Canal Treaty. He knew of it. Torrijos will not move back to Treaty negotiations until the U.S. shows him he is dealing with a Kissinger who will stay on the job and give him some firm and final answers. Only on that basis is he willing to negotiate a new Canal Treaty now. He definitely will not be willing at the present level of negotiations. He repeated this point. He also again repeated the point about elimination of the U.S. Southern Command.

CONFIDENTIAL

CONFIDENTIAL

Torrijos is clear that steady, very high level U.S. initiatives are needed now. We should do these while we still have time and before the year ends.

Torrijos was pleased by the fact that he felt
you had truly sent a Personal Envoy as Special Ambassa-
dor. (He knew that my nephew was married to Tricia!)

If we go high level with a Kissinger on the U.S.
side, Torrijos assured me privately he would then go for
a new Canal Treaty as you requested in your personal
letter to him of October 9th. It is clear that there
is a country-to-country high level communications gap
here, apart from the policy gap. This is mainly due
to the U.S. dealing with Panama as though it were a
communistic nation rather than an ally. The U.S. has
inadvertently or deliberately denied Panama in the last
few years certain rights which we could have granted
to that country safely - for one example, sharing
an unused airport. Are we deliberately holding back
and deliberately irritating General Torrijos and the
Panamanians over a period of time? This will not
create a proper treaty negotiation atmosphere, which
you want. General Torrijos is truly irritated as are
the Panamanian people. U.S. policy must be clarified
and we do need a Kissinger for Panama now. Delay in
this situation will be dangerous. Torrijos is a man
who sometimes does not know the consequences of what
he says, privately and publicly, especially in certain
legal and strategic military areas. Torrijos probably
will decide in the next few months which way he wants
to go and if time continues to run against the U.S.,
it will be impossible to avoid a future Panama Canal
border confrontation.

I believe that Mrs. Finch created much good will
in Panama for the U.S. by hospital visits and clinic
visits, which two Panamanian cabinet ministers and
President Lakas mentioned to me.

It is a pleasure to have been of some small
service to you and to the United States. I am at your
disposal should you wish to discuss these matters per-
sonally, and I send you my highest respects and best
wishes.

CONFIDENTIAL

UNITED NATIONS
GENERAL
ASSEMBLY

Distr.
GENERAL

A/CONF.56/INF.2

28 September 1973

ORIGINAL: ENGLISH-

FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION
OF CRIME AND THE TREATMENT OF OFFENDERS

(It is kindly requested that this information note, prepared by the United Nations Secretariat, be given wide publicity by reproduction in part or in full in any language.)

1. An information circular on the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (A/CONF.56/INF.1) was issued on 5 June 1972. This second circular is intended to bring the information on Congress preparations up to date. At this stage, not all decisions have been taken and many arrangements are incomplete. However, it is hoped that this account of the progress so far and the state of the planning for the Congress will prove useful to Member States, intergovernmental and non-governmental organizations and others who may need it. It should also permit prospective participants to consider the possibilities of charter flights or group travel plans well in advance. In particular, it will enable views to be exchanged at an early date on the arrangements which are being made.

## I. BACKGROUND

2. The General Assembly, in its resolution 415 (V), provided for the convening every five years of an international congress on the prevention of crime and the treatment of offenders. The first was held at Geneva in 1955; the second in London, in 1960; the third, at Stockholm, in 1965; and the fourth, at Kyoto, in 1970.

## II. DATE AND PLACE

3. The Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders will be held at Toronto, Canada from 1 to 15 September 1975. The Government of Canada will act as host and has appointed a co-ordinator for the Congress. With this appointment, a small working group was set up which has since become the nucleus of the Canadian Organizing Committee. The Solicitor General of Canada convened a National Advisory Committee in January 1973, and that meeting was attended by United Nations Secretariat officials who had detailed discussions with the Solicitor General. A proposal along the lines of the agreement concluded between the Government of Japan and the United Nations on the Fourth United Nations Congress has been drafted by the Government of Canada and submitted to the United Nations.

73-19198

/...

A/CONF.56/INF.2

English

Page 2

### III. MEMBERSHIP

4. It has been the established practice for the Congress to include three categories of participants, namely:

(a) Members officially appointed by their Governments who are experts in the field of social defence or are directly concerned with policies and programmes affecting the prevention and control of crime and delinquency (e.g., social planners, educational, social welfare, youth development and employment experts and policy-makers) and who have a special knowledge of and experience in the topics on the agenda;

(b) Representatives of the specialized agencies of the United Nations, of intergovernmental organizations and of non-governmental organizations in consultative status with the Economic and Social Council interested in or concerned with social defence matters; and

(c) Individual participants having a direct interest in the field of social defence (such as members of the teaching staffs of universities, of criminological or social research institutes and of national non-governmental organizations concerned with social defence matters; staff of correctional establishments and institutions for juvenile delinquents; members of courts and Bar Associations; social workers; youth workers; education specialists; police officials).

5. This will also be the format of membership for the 1975 Congress, subject to the reservation that the composition of the Congress may need to be modified if the demand for participation exceeds available resources.

6. In negotiations with the Government of Canada, it was decided that a Congress of more than 2,000 participants would not be possible or desirable and the decision was later confirmed by the Committee on Crime Prevention and Control. This will certainly mean a curtailment of participation by persons in category (c), and consideration is now being given to the formula which will be used. The limitation would obviously affect the countries from which most of the category (c) participants would come. Clearly it would be difficult to exclude persons travelling from distant territories to the Congress, and such persons might have to be given prior consideration over those from nearer countries already adequately represented in this category; but discussions on the precise criteria for limitation of category (c) are still being held.

### IV. REGIONAL MEETINGS

7. The Asian Regional Preparatory Meeting for the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held at Tokyo, Japan, from 16 to 21 July 1973, at the Ministry of Justice. The Governments of Canada and Australia sent observers to this gathering. The Government of Brazil has agreed to host the Latin American Regional Preparatory Meeting scheduled to take place from 4 to 10 November 1973 at Brasilia. The Regional Preparatory Meeting for Africa is expected to be held in 1974. An interregional seminar on the use

...

A/CONF.56/INF.2

English

of research as a basis for social defence policy and planning (Copenhagen, Denmark, 20-31 August 1973) was also used to provide inputs for the Congress, and the Government of Denmark invited European Governments to send representatives to a special meeting held on 17 August to consider the Congress agenda.

8. Countries in developed regions are being encouraged to consider holding meetings at their own expense in preparation for the Congress. This kind of co-operation is necessary in view of the need to obtain world-wide studies of the problems while at the same time containing the budget for the United Nations and the host Government. The Government of Canada, for example, invited officers of the Committee on Crime Prevention and Control and the Secretariat to Canada in June 1973. At that time they participated in the programme of the biennial Canadian Congress of Criminology and Corrections. Special arrangements were made by the Canadian Criminology and Corrections Association for a review of the international aspects of crime prevention and control and particularly the agenda for the Fifth United Nations Congress.

## V. PARTICIPATION COSTS

9. Membership costs - i.e., travel and subsistence allowance - will be the responsibility of participating Governments for their delegations, of intergovernmental and non-governmental organizations for their representation and of individuals for their own participation. This, again, is in accordance with previous practice. Advance notice might prove helpful to Governments and organizations budgeting for the travel and subsistence funds necessary to ensure adequate representation at the Congress. It is important that delegations include representation of all the criminal justice and crime prevention services, i.e., police, prisons, courts, probation, parole, social welfare, forensic medicine, criminology, etc. There will be no restriction on the numbers of official delegates since these are essential to the success of the Congress. The sizes of delegations vary, but to ensure full representation of all the interests in the subject of crime, delegations composed of 10 to 30 persons have not been unusual. For the guidance of prospective participants, the current cost of single rooms at the Four Seasons-Sheraton Hotel ranges from $US 20-29 and double rooms from $US 27-35. This does not include food. The host Government has arranged with the Four Seasons-Sheraton Hotel that any changes in price will be announced well ahead of that, for the Congress, the rates charged will be fixed at the figures available in September 1974. Exact costs will therefore be calculable for one year before the Congress - i.e., at the time of registration.

## VI. PROGRAMME

10. The theme for the Fifth United Nations Congress will be "Crime prevention and control - the challenge of the last quarter", and the agenda, as approved by the Committee on Crime Prevention and Control at its second session (E/CN.5/494) will be as follows:

(1) Changes in forms and dimensions of criminality - transnational and national

/...

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English

(2) Improvements in criminal legislation, law enforcement, judicial administration and correctional systems with a view to the prevention of crime and the treatment of the offender in the community (Draft Convention - Pending U.N.)

(3) The emerging roles of the police and other law enforcement agencies, with special reference to changing expectations and minimum standards of performance

(4) The treatment of offenders in custody, with special reference to the implementation of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations

(5) Economic and social consequences of crime: new challenges for research and planning

11. These five items provide for four separate Section meetings and allow the first subject on the agenda to be discussed in a continuing plenary session which will also be the forum for lectures and special addresses.

12. The Congress programme will also include visits to Canadian crime prevention services and correctional institutions, film shows and an exhibition; post-Congress tours and visits to places of interest are to be arranged by the host Government.

13. The host country has before it a proposal for an international prison arts exhibition. The proposal comes from the Canadian Prison Arts Foundation, which has just completed its fourth annual exhibition of prison arts in Canada. The concept of prison arts is based on promoting creativity within the institutions. It has been suggested that the Member States of the United Nations could participate in the selection of prison art within their own countries. Each participating country would select a limited number of pieces of visual art that have been judged worthy of exhibiting. These pieces would be sent to Canada for exhibition at the time of the Congress and, later, on a touring exhibit of Canada. Suitable arrangements would be made for the security of the exhibits and their return or disposal, as instructed by the owner. Considerations to be borne in mind in the organizing of such an exhibition are (a) the effect on countries which may not be in a position to participate; (b) the feasibility of selecting entries without arousing criticism; (c) the problem of determining the limitation on the size and types of exhibits. The United Nations and the host Government feel that a decision on an exhibition of this kind must be made in full consultation with participating Governments. They need, therefore, the reactions of Member States to this proposal as soon as possible, since a great deal of time would be required to implement such a proposal. Since such an exhibition would be primarily the concern of the host Government, comments might be sent directly to

Office of the Canadian Co-ordinator
Fifth United Nations Congress on the
Prevention of Crime and the Treatment
of Offenders
Post Office Box 1975, Station B
Ottawa, Ontario KIP 5R5
Canada.

A/CONF.56/INF.2

English

14. The official languages of the Congress will be Chinese, English, French, Russian and Spanish. Further information on meetings services will be communicated in due course.

## VII. DOCUMENTATION

15. The United Nations Secretariat will prepare a working paper on each of the substantive items on the Congress agenda. Those documents will set the stage for discussions by giving the elements of the problem, indicating the preoccupation of various countries and defining the major issues involved. Specialized agencies and non-governmental organizations in consultative status with the Economic and Social Council may also prepare, at the invitation of the Secretariat, background documentation on specific questions pertaining to the subject matter under consideration. National statements prepared by Member States will be invited in advance of the Congress.

16. Documentation will be mailed to participants at least six weeks beforehand and there will be no distribution of documents during the Congress.

## VIII. "SMALL GROUP" MEETINGS

17. Many different groups of professional and scientific interests need to be provided for by the Congress. Already applications are being received from organizations which would like to arrange meetings at the time of the Congress. This creates a problem, since the limitation of Congress membership is related to the organization, facilities and accommodation, and not all those attending such meetings could gain physical admission to the Congress - quite apart from the question of qualifying for official membership. The tendency, therefore, has been to discourage meetings which would arouse expectations of participation which cannot be fulfilled, and the United Nations would appreciate consultation with any groups having such plans long before they near completion. In general, it would be unwise to plan for meetings unless all participants have been able to secure registration for Congress membership.

18. At Kyoto, in 1970, a consultant was made available to organize such group meetings and the host Government provided rooms. It was impossible, however, to provide interpretation, and this is still the position for 1975. All available interpreters will be fully engaged in servicing the official meetings and will be unable to service side meetings of any kind. This leaves organizers with the choice either of holding common-language group meetings or of managing with such consecutive interpretation as they can provide themselves. However, the matter is under consideration by the United Nations and the host Government, and if it proves possible that extra help can be given, it will be announced in the next circular. An effort is being made to provide for a scientific group to meet so that research interests will have a special place. Once again, it is clear that interpretation facilities will not be available, but the host Government may consider the possibility of providing English/French interpretation.

EDWARD R. FINCH, JR. *

Forgotten Prisoners†

The recent Tombs prison riots in New York City high-light the popu-
lation pressure on prisons due to the fast rising world crime incidence. The
United States and New York City are no exception to a prison-crowding
problem that exists worldwide¹ today, and will be worse tomorrow.²

People look to their local police and government at various levels for the answer.³ But how many people—or even prisoners—realize that it is the United Nations—on an international basis—which is trying to make sure that there are no forgotten prisoners in the crowded jails?

The United Nations, by Resolution 415(v) in 1950, provided for the convening every five years of International Congresses on the Prevention of Crime and Treatment of Offenders. On August 30, 1955, the United Nations adopted, by Resolution for all nations and all civilian prisoners, the "Standard Minimum Rules for the Treatment of Prisoners and Related Recommendations."⁴

These are not yet law, nor official regulation. They are United Nations guidelines and standard minimums, no more and no less, no matter what they be called in any language. They apply to young and old prisoners,

Princeton University 1941 graduate in Political Science, with Atwater prize honors; holder of two Doctor of Law degrees; graduate of the Industrial War College, Air War College, National War College and the Judge Advocate Generals School, the University of Virginia; and formerly Chief, International Statistics Branch in the Pentagon, and also worked for the Combined Chiefs of Staff in World War II. He has lectured and written for professional publications and is President of three foundations. He was advisor and US Delegate to Fourth U.N. Congress in Kyoto, Japan, 1970, on crime by appointment of President Nixon.

†This article is presented by the author in his individual capacity and not as representing the U.S. Government or any agency thereof.

¹Report submitted by the International Commission of Jurists—UN 10 June 1970, A/CONF/43/NGO/4. Fourth UN Congress on Prevention of Crime and Treatment of Offenders.

² Law Enforcement Assistance Administration - Fiscal Year 1970 Report, Pages 1-3.

³ The National Council on Crime and Delinquency, 44 East 23 Street, New York City, "How NCCD Serves the Nation" - Memorandum to US Delegates and Participants, July 1970 - Milton G. Rector, Esq., Executive Director.

⁴ UN Dept. of Economic & Social Affairs. "Standard Minimum Rules for the Treatment of Prisoners and Related Recommendations," August 30, 1955, Adopted. See also UN Publ. Sales No. 1956, IV 4.

International Lawyer, Vol. 5, No. 1

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166 INTERNATIONAL LAWYER

tried or convicted, civil or criminal. They do not conflict with the Geneva Convention, which applies only to military service prisoners.⁵

Should the Standard Minimums be raised to the status of full international law by a new Standard Minimums Convention or Treaty through United Nations procedures? The USSR⁶ indicated its answer at the Fourth United Nations Congress on the Prevention of Crime and Treatment of Offenders, held in Kyoto, in August 1970, with a limited "yes" via an international declaration.

The United States supported the establishment of an implementing working party. The United States desires first a new United Nations Resolution comprising an international declaration of the rights of persons detained or confined. Thereafter, the United States position was to work in the direction of an international convention. Responses of other nations and non-governmental organizations at the Fourth UN Congress on the Prevention of Crime varied from "yes" to "no." Fortunately, however, the majority response was "yes," with various useful intermediate suggestions. Though the wheels grind slowly on the international level,⁷ there is now clear progress via the United Nations towards a Standard Minimums Convention on Prisoners.⁸

India would require that a copy of the Standard Minimum Rules for Treatment of Prisoners and Related Recommendations, or a similar publication, be given to every prisoner; others would require that they be posted in every prison warden's office. There are many other excellent suggestions⁹ to keep the forgotten prisoner's human rights and dignity at the forefront, even though he be a condemned man.

In 1970, the United Nations Congress focused on crime and delinquency, not merely as a problem of behavior or law enforcement. There were four major topics under consideration by the eighty-four nations represented at the Kyoto International Congress Hall. These were: 1) Social Defense Policies in Relation to Development and Planning; 2) Participation of the Public in the Prevention and Control of Crime and Delinquency; 3) Standard Minimum Rules for the Treatment of Prisoners in Light of Recent Developments in the Correctional Field; 4) Organization of Research for Policy Development in Social Defense. Official reports and documents were simultaneously interpreted in four languages: English, French, Russian and Spanish. The Soviet Delegation was headed

⁵Geneva Convention of August 12, 1949, covers all military prisoners.

⁶N.Y. Times-Wed., Sept. 2, 1970, "Soviet Ministry of Justice Restored in Fight on Crime," Special to N.Y. Times by Bernard Guertzman.

⁷International Review of Criminal Policy 1968, No. 26, United Nations (Devoted to the Implementation of the Standard Minimum Rules for the Treatment of Prisoners).

⁸International Review of Criminal Policy 1969, No. 27, United Nations.

⁹Fourth UN Congress on Prevention of Crime and Treatment of Offenders, UN Gen'l. Assembly, 26 June 1970, A/CONF.43/INF.3.

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Forgotten Prisoners 167

by Deputy Minister B. A. Victorov and the US Delegation by the Hon. Roger J. Traynor, former Chief Justice of California, in the absence of Chief Justice Warren E. Burger.¹⁰

The existing UN Standard Minimum Rules for the Treatment of Prisoners can be summarized on two basic policy grounds. The first is the safeguarding of human rights and dignity in case of imprisonment. The second is the promotion of fair corrective treatment and modern rehabilitation and parole practices, based on progressive principles of correctional practice while still maintaining a fair balance between basic human rights and corrective treatment.

In many countries the effect of a legal conviction and prison sentence is not defined in law¹¹ and there exists a special need for a formal treaty or convention to protect the rights of prisoners. The Standard Minimum Rules have stood the test of time for over fifteen years, and have proved to be workable guidelines. Over twenty international conventions touching upon different areas of human rights to varying degrees presently exist between the various Government members of the United Nations. While these do not speak explicitly to the treatment of criminal offenders, they do need to be clarified on this subject by a Standard Minimum Rules Convention for the Treatment of Prisoners and Related Recommendations.¹² The obligation of a society to guarantee the rights of the imprisoned individual would be reinforced by a Standard Minimum Rules Convention.

Political prisoners, which skyjackers often claim to be, are clearly covered by the UN Standard Minimum Rules now existing. However, they are in a real sense untried prisoners. The United Nations therefore adopted, in 1969, a separate resolution treating the prosecution of skyjackers.¹³ Due to the special nature of that serious international criminal problem, most agree that captured offenders should be returned to their country of origin or nationality for trial.

Majority consensus is in favor of special treatment for young offenders,¹⁴ whether for narcotics violations or other offenses, to prevent recidivism, which would only put further pressures on the now overcrowded jails.

¹⁰ letter of Chief Justice Warren E. Burger to the Author, dated July 22, 1970.

¹¹Origin and History of International Bar Assn. – 1970; and Final Report of Fourth UN Congress, U.S. Bureau of Prisons (Provisional).

¹²Letter of Author, dated July 22, 1970, to Hon. H. G. Moeller, Dept. of Justice, Bureau of Prisons, and Technical Secretary of US Delegation to Fourth UN Congress in Kyoto, Japan, August 1970.

¹³ UN Resolution "Forceable Diversion of Civil Aircraft in Flight" – 24th Session Gen. Assembly, Supplement No. 30, A/7630. See also ICAO Legal Subcommittee Report June-July 1970.

¹⁴ Report Submitted by the International Union for Child Welfare – UN General Assembly – A/CONF.43/NGO/2 dated 12 May 1970.

168 INTERNATIONAL LAWYER

Most agree that the process of treatment and rehabilitation, both inside and outside of prisons, must be continuously modernized, developed, and improved to the fullest extent of the economic and physical resources of each country.

More trained personnel are needed for this work, as well as better public participation in the prevention and control of crime and delinquency.

Most agree also that long delays in prison awaiting trial or administrative disposition, are highly unjust and undesirable. Modern business techniques applied to court congestion where it exists, elimination of antiquated jails, antiquated procedures in prisons, and elimination of delays in prison awaiting trial, are all necessary in an effort to comply with the Standard Minimum Rules.

Majority opinion also strongly favors the implementation of Rule 6(1) of the Standard Minimum Rules, and agrees that it should have very high consideration by all nations for all mankind, in order to eliminate worldwide discrimination in prisons on account of "race, color, sex, language, religion, political or other opinion ..." (Rule 6(1)).¹⁵

Majority opinion agreed that reasonable, dignified, and useful work, looking towards a prisoners rehabilitation, parole, and reintegration into the society of his nation, to prevent recidivism, is most desirable.

Upon the initial suggestion of Chief Justice Traynor, it was the general consensus of many members of the US Delegation, and of US representatives of non-governmental agencies that the Standard Minimum Rules as now existing should be referred to the Commissioners on Uniform Laws of the American Bar Association, as a possible project in the interests of criminal law and justice for all prisoners in the fifty states of the USA.

The Fourth UN Congress clearly advanced law-and-order policy on the key matters of justice and civil imprisonment, under continuing United Nations leadership. In the year 1970, the United Nations focused its attention and efforts on the forgotten prisoners. Real progress was made. It made a significant contribution to world law and order—on the key issues of justice, imprisonment, treatment and rehabilitation. Perhaps in the 1970 Congress, the groundwork was laid for a new international treaty for all nations for "Standard Minimum Rules for the Treatment of Prisoners and Related Recommendations.

¹⁵ Speech of Federal Judge A. Leon Higginbotham, Jr., US Delegate at Fourth UN Congress, Kyoto, Japan, 19 August 1970. Statement distributed at UN Congress.

February 20, 1974

Miss Bonnie Andrews
Office of Secretary of State
New State Department Building
Washington, D. C.

Dear Miss Andrews:

Enclosed is a copy of Dr. Kissinger's last
letter to me in accordance with your telephone request
this morning. Please thank him for his personal con-
gratulations to me upon my receipt of the French Legion
of Honor at the Embassy in New York tomorrow.

I look forward to hearing in response to my
last letter regarding:

1. Seeing General Torrijos again about the
International drug problem, as I did before; and

2. Regarding my appointment as U.S. Delegate for the Fifth United Nations <u>Conference on</u> September, 1975 in Canada, as a follow-up to my previous appointment of U.N. Delegate to the Fourth U.S. Congress in 1970 in Japan. An additional copy of my published article thereon is attached for info.

E.R.F.

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FINCH & SCHAEFLER

36 WEST 44TH STREET
NEW YORK, N. Y. 10036

July 17, 1974

President Richard Nixon
The White House
Washington, D.C.

Attention: Miss Rosemary Woods

Dear Mr. President:

As incoming Chairman of the Aerospace Law Committee of the International Law Section, American Bar Association, I am writing to ask that you communicate with Dr. James Fletcher, the Administrator of NASA, to arrange for one of the U.S. astronauts (Stafford, Slayton or Brand) to appear on a proposed U.S.-U.S.S.R. Aerospace Panel to be held at the Annual Meeting of the American Bar Association on August 11-16, 1975 in Montreal, Canada.

Because of my presence in Moscow at Intercosmos Academy of Sciences exactly during the low level alert in October 1973, and at which time I was bearing in person to the top Soviet space officials and academicians the strong desire of the United States for Middleeast peace (Henry had so wisely suggested to me by letter beforehand that I do this for the United States) I became acquainted with the Soviet aerospace officials and have invited a U.S.S.R. cosmonaut and a top level U.S.S.R. space official to be present for this American Bar Association Panel. Henry Kissinger has a copy of my letter to the U.S.S.R. in this regard and a xerox copy is enclosed for convenience.

Thank you for your attention to this matter in the best interests of the United States and for the benefit of all mankind as I think the holding of this U.S.-U.S.S.R. Aerospace Panel just a few weeks after the Apollo-Soyuz hookup will be one of the highlights of the 1975 American Bar Association Annual Meeting and very important for strengthening detente.

Warm personal regards,

ERF:R

Encl.

July 16, 1974

Dear Mr. Vereshchakin:

Often I recall with pleasure our meeting at your
offices in Moscow in October 1973. At that time we not
only strongly discussed the desire of the United States
for middleeast peace but also agreed that we would ex-
change professional printed publications on aerospace law,
and have done so. Please give my best regards to Academi-
cian Petrov.

As incoming Chairman of the Aerospace Law Com-
mittee of the American Bar Association, I am well aware
of the planned July 1975 Apollo-Soyuz hookup in which
the U.S. and the U.S.S.R. will be actively cooperating
right in outer space. In August 1975 the American Bar
Association will be holding its annual meeting, which
will be attended by hundreds of prominent attorneys from
all over the United States. The meeting will be held at
Montreal, Canada, August 11th - August 15th, 1975. At
that time it is proposed that we arrange to have at least
one U.S.S.R. cosmonaut and at least one or two U.S. astro-
nauts who participated in the Apollo-Soyuz hookup to be
present on a "U.S. - U.S.S.R. Aerospace Panel." At the
Panel, which will be open to attending attorneys and their
guests, it would be proposed that each of the cosmonauts
and astronauts and each of the Panel members present short
statements or papers on any aspect, scientific or aerospace
legal, which they desire, related to U.S. - U.S.S.R. co-
operation in space.

The remarks of each Panel member based on his
paper should not exceed ten minutes in length. After each
of the seven Panel members have spoken, there will be thirty
minutes devoted to questions and answers from the attorneys
in attendance. Translation of the remarks of each Panel
member in English and Russian, should be available to each
of us at least three months prior to the meeting.

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