800.01B11 Registration—Ovakimian, Gaik (Dr.)/25
The Secretary of State to the Ambassador of the Soviet Union (Umansky)
The Secretary of State presents his compliments to His Excellency the Ambassador of the Union of Soviet Socialist Republics and has the honor to refer to the Ambassador’s conversations of May 12 and May 20, 1941 with Mr. Atherton, Acting Chief of the Division of European Affairs, regarding the arrest in New York of Mr. Gaik Ovakimian, a Soviet citizen.
With reference to the alleged mistreatment of Mr. Ovakimian, as set forth in the report submitted by him to the Soviet Consul General in New York, a copy of which was furnished the Department on May 20 by the Ambassador,96 the following summary concerning the arrest and detention of Mr. Ovakimian has been submitted to the Department by the appropriate American authorities for the information of the Ambassador:
“Mr. Ovakimian was arrested in New York City on May 5, 1941 at 12:30 P.M. At the time of his arrest he was riding in a taxicab which was stopped by Agents of the Federal Bureau of Investigation, who were riding in two Bureau automobiles. The Agents promptly identified [Page 984] themselves by exhibiting to Mr. Ovakimian their official credentials. He was then requested to accompany the Agents to the office of the United States Attorney for the Southern District of New York, for questioning. He declined to do so. He was then tendered a subpoena ordering him to appear forthwith before the Federal grand jury for the Southern District of New York. The meaning of the subpoena was fully explained to him, but he declined to accept it.
“In view of his attitude he was then served with a warrant of arrest, which had been previously issued out of the District Court of the United States for the Southern District of New York, naming him as a material witness in a matter then pending before the Federal grand jury. The meaning of the warrant was also explained to him. He was requested to submit to the arrest and to accompany the Agents to the New York City Field Office of the Bureau. Again he declined to accede. In view of his attitude handcuffs were placed on his wrists and he was removed from the taxicab to a Bureau automobile and taken to the New York City Field Office of the Bureau.
“The assertions of the Ambassador that the Agents who arrested Ovakimian declined to identify themselves or show any authority for their action, that they seized him by force, treated him brutally, and showered insults upon him, are without foundation.
“The foregoing summary was obtained from the Agents of the Bureau and is likewise corroborated by the driver of the taxicab in which Mr. Ovakimian was a passenger at the time of his arrest.
“Mr. Ovakimian and four Agents of the Bureau arrived at the office of the Bureau at 12:45 P.M., whereupon the handcuffs were immediately removed from his wrists.
“Mathias F. Correa, Esquire, United States Attorney for the Southern District of New York, was immediately notified by telephone and advised that Mr. Ovakimian was in the custody of the Agents. At 1:15 P.M., he arrived at the Bureau office in company with Assistant United States Attorney Werner, for the purpose of questioning Mr. Ovakimian. The latter, however, declined to reply to any questions propounded to him by Mr. Correa, until he, Mr. Ovakimian, had the opportunity to communicate by telephone with the Russian Consul General.
“Mr. Correa arranged for Mr. Ovakimian to telephone to the Russian Consul General. The proceedings were then adjourned until the arrival of Mr. Victor A. Fediushine, Consul General of the U. S. S. R., who did not appear until 3:05 P.M. The Consul was accompanied by Mr. Dmitri I. Zaikine, Vice Consul.
“Mr. Ovakimian had previously been told by the United States Attorney that luncheon would be obtained for him, but he declined to avail himself of the opportunity. When the Consul General and his assistant arrived, the United States Attorney explained to them the basis upon which the arrest had taken place and apprized them of the fact that Mr. Ovakimian would have a hearing before the court. Mr. Ovakimian and Mr. Zaikine advanced the proposition that the former was an employee of the Soviet Government, and that information in regard to his status had been submitted to the Department of State. On that basis Mr. Zaikine claimed immunity from arrest [Page 985] on behalf of Mr. Ovakimian. The United States Attorney and his Assistant then left the room, whereupon the Special Agents of the Federal Bureau of Investigation offered to get Mr. Ovakimian a sandwich and a drink of water, which the latter declined.
“Later the United States Attorney returned and explained to Mr. Ovakimian that an examination of the law led to the conclusion that Mr. Ovakimian was not entitled to any immunity.
“At 5:10 P.M. on the same afternoon, Mr. Ovakimian was taken before Honorable Murray Hulbert, United States District Judge for the Southern District of New York on a complaint charging him with a violation of the Registration Act, requiring the registration of agents of foreign principals. The judge held him in bail amounting to $25,000, and as Mr. Ovakimian was unable to furnish bail in that amount, he was remanded to the custody of the United States Marshal. Between 6:00 P.M. and 7:18 P.M. he was photographed and searched by Agents of the Bureau, every courtesy being accorded to him in such examination. At 7:18 P.M. he was taken by the Marshal to the Federal House of Detention in New York City.
“Stenographic notes were taken of the conference between the United States Attorney and Ovakimian, as well as of the conference with the consular representatives. A transcript of the notes is available if desired.97
“Mr. Ovakimian spent the night at Detention Headquarters and was released on the following day upon giving bail. Upon arrival at the Detention Headquarters on the evening of May 5, Mr. Ovakimian was given a routine physical examination, which is accorded to all persons committed to the institution. Such an examination is conducted for the obvious purpose of protecting the health of all prisoners, in order to make certain that no communicable diseases are brought into the Detention Headquarters. It was handled as expeditiously and sympathetically as possible. He was placed in a single cell in which he was the only occupant, and where he was held overnight. All mattresses and bed clothes are sterilized or laundered before they are used by any incoming prisoner. This fact was true in the present instance. On the following morning Mr. Ovakimian was given his breakfast, which he ate without any objection.
“The assertion that Mr. Ovakimian was placed in a dirty, filthy cell is not the fact. It is likewise untrue that he was moved from one cell to another, or that he was abused or threatened, or that he was placed in a cell in which there was a dirty mattress. The statement that when his breakfast was brought to him on the following morning, he was so nauseated that he could not eat, is completely negatived by the fact that he ate his breakfast. The assertion that the guards pushed him around or otherwise mishandled him, or that he was forced to scrub the floor of his cell, is untrue. The statement that he was taken to the Warden who told him that he was an enemy, a saboteur, and should be given a good beating, is equally without justification. As a matter of fact, the Warden reports that Ovakimian [Page 986] was not taken before him for any reason and that he did not speak to Ovakimian at any time while the latter was in the institution.”