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Memorandum, The Berlin Situation

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-3- employees not ejjoying diplomatic status have no personal immunity as regards the serving of subpoenas etc. We have taken the position, however, that forcible entry into consular premises for the purpose of serving any such subpoenas or court orders is not countenanced by international law and practice unless there is strong evidence that a crime is being or is about to be committed in such premises. One of these Soviet employees, Samarin, is clearly, and has so publicly stated, refusing to return to the Soviet Union on his own volition and has been sub ject to no duress on the part of any American authority or American group. The case of the woman, Mrs. Kosenkina, is somewhat more complex since it is not clear what her real inten- tions are. However, she has publicly stated following her return to the Consulate that she was "abducted by a White Russian organization and that she desires to return to the Soviet Union. Whatever the truth or falsity of this statement, it is difficult and dangerous in her case to attempt to proceed on the assumption that she is being forcibly detained in the Soviet Consulate and we feel that any legal action in her case would not be well founded and would establish a very dangerous precedent affecting the immunity of official premises. the 5 SERVICE

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    "ocrText": "-3-\nemployees not ejjoying diplomatic status have no personal\nimmunity as regards the serving of subpoenas etc. We\nhave taken the position, however, that forcible entry\ninto consular premises for the purpose of serving any\nsuch subpoenas or court orders is not countenanced by\ninternational law and practice unless there is strong\nevidence that a crime is being or is about to be\ncommitted in such premises.\nOne of these Soviet employees, Samarin, is clearly,\nand has so publicly stated, refusing to return to the\nSoviet Union on his own volition and has been sub ject\nto no duress on the part of any American authority or\nAmerican group.\nThe case of the woman, Mrs. Kosenkina, is somewhat\nmore complex since it is not clear what her real inten-\ntions are. However, she has publicly stated following\nher return to the Consulate that she was \"abducted by\na White Russian organization and that she desires to\nreturn to the Soviet Union. Whatever the truth or\nfalsity of this statement, it is difficult and dangerous\nin her case to attempt to proceed on the assumption that\nshe is being forcibly detained in the Soviet Consulate\nand we feel that any legal action in her case would not\nbe well founded and would establish a very dangerous\nprecedent affecting the immunity of official premises.\nthe\n5\nSERVICE"
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