^{Page no. 803 note 1} Article 3 of the Agreement between the United States of America and the Organization of American States, Relating to Privileges and Immunities, Mar. 20, 1975, 26 UST 1025, 1027–28, TIAS No. 8089, reads:

In case of abuse of the privileges of residence in the United States by any person enjoying diplomatic privileges and immunities under the foregoing articles, the said privileges and immunities shall not be construed to grant exemption from the laws and regulations of the United States regarding the continued residence of aliens. However, no such person shall be required to leave the country otherwise than in accordance with the customary procedure applicable to diplomatic envoys accredited to the Government of the United States.

Authority for the expulsion of Ambassador Tunnermann and Major Sampson also existed under §8 of the International Organizations Immunities Act, 22 U.S.C. §288e(b) (1982).

See further Presidential Power to Expel Diplomatic Personnel from the United States, a memorandum opinion by Asst. Att’y Gen. John M. Harmon, Apr. 4, 1980, 4A Opinions Office of Legal Counsel 207 (1985). The question had been raised because of the contemplated expulsion of Iranian diplomatic and consular personnel from the United States, which President Carter announced on Apr. 7, 1980, in connection with the breakoff of diplomatic relations between the United States and Iran. See 1980 Digest of United States Practice in International Law 333–35. In regard to the closure on May 6, 1981, of the People’s Bureau (Embassy) of the Socialist People’s Libyan Arab Jamahiriya, for a “general pattern of unacceptable conduct,” see id. at 326–33. None of the Iranian diplomats in 1980, nor the Libyan diplomats in 1981, were also accredited to an international organization.

On Feb. 11, 1978, the United States expelled the Permanent Representative of the Socialist Republic of Vietnam to the United Nations, Ambassador Dinh Ba Thi, for personal involvement in an espionage conspiracy against the United States. The Ambassador was not accredited to the United States Government, which did not have diplomatic relations with the Socialist Republic of Vietnam. See 1978 id. at 119–24.

^{Page no. 804 note 2} In addition to Ambassador Tunnermann and Major Sampson, the persons requested to depart were Manuel Cordero, Minister-Counselor (the second-ranking officer of the Embassy); Orlando Martín Vega Gutiérrez, Counselor; Mrs. Zelmira L. García, Counselor; Mrs. Sofía Clark D’Escoto, First Secretary; Angel R. Arce, Attaché; and Mrs. Maureen Sampson, Attaché.

^{Page no. 804 note 3} For the notes, see Dept. of State File Nos. P88 0088-2275 and 0088-2274.

^{Page no. 804 note 4} For the text, see id., No. P88 0088-2273.

^{Page no. 804 note 5} Ambassador McCormack discussed the following examples, among others, of repressive Nicaraguan government actions: the shutdown on July 11, 1988, of Radio Católica, for an indefinite period; the suspension the same day of publication of the independent newspaper, La Prensa, for 15 days; the police attack on peaceful demonstrators in Nandaime on July 10, 1988, in which 43 were imprisoned, numerous others beaten and four leaders then “sentenced” by the police to 6 months in jail; the murder of Carlos Garcéa, a leader of the independent labor confederation, by police after illegally entering his home during the night of July 3, 1988; and threats by Defense Minister Ortega against the lives of the resistance delegation during negotiations under the Sapoa Agreement in June, made in the presence of OAS Secretary General João Clemente Baena Soares and Cardinal Miguel Obando y Bravo, Chairman of the Nicaraguan National Reconciliation Commission and Co-Chairman of the Verification Commission of the Sapoa Agreement. See further OAS Doc. OEA/SER.G, CP/INF.2706/88 (1988).

^{Page no. 804 note 6} The text of the Esquípulas II Accord (the Guatemalan Agreement for Peace in Central America), signed by the Presidents of Costa Rica, Guatemala, El Salvador, Honduras and Nicaragua on Aug. 7, 1987, at Guatemala City, may be found at Dept. St. Bull., No. 2127, October 1987, at 56, 26 ILM 1166 (1987). For the text of the Declaration of Esquípulas— “Esquípulas I”—signed by the five Presidents on May 25, 1986, at Esquípulas, Guatemala, see Dept. of State, American Foreign Policy: Current Documents, 1986, at 764, and UN Doc. S/18106 (May 28, 1986).

The Sapoa Agreement was the cease-fire agreement between the Nicaraguan resistance and the Sandinista regime, concluded Mar. 23, 1988. An English translation of the text may be found at Dept. of State, Central America Regional Brief, Nicaragua: Negotiating Documents of the Sapoa Truce 2 (1988).

^{Page no. 806 note 7} Dept. of State File No. P88 0089-2068.

^{Page no. 806 note 8} OAS Doc. OEA/SER.G, CP/ACTA 745/88 (1988).

^{Page no. 806 note 1} GA Res. 39/46 (Dec. 10, 1984) (entered into force June 26, 1987).

^{Page no. 808 note 2} S. Treaty Doc. No. 20, 100th Cong., 2d Sess. v–vi (1988).

Under Article 1(1) of the Convention, torture is defined as

any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

^{Page no. 808 note 1} 101 Stat. 1331, 1343 (1987) (to be codified at 22 U.S.C. §4315).

^{Page no. 808 note 2} See H.R. Rep. No. 34, 100th Cong., 1st Sess. 20–21 (1987).

^{Page no. 808 note 3} For the Department’s report, see enclosures to letters from J. Edward Fox, Assistant Secretary of State for Legislative Affairs, to Vice President George Bush, President of the Senate, and to Speaker of the House James Wright, June 22, 1988, Dept. of State File Nos. P88 0089-1535, 1536, 1537 ff

^{Page no. 809 note 4} Id., No. P88 0089-1545. For a parallel circular note from the U.S. Mission to the United Nations to the Permanent Missions and the Permanent Observer Offices to the United Nations, Mar. 7, 1988, see id., No. P88 0088-1179.

^{Page no. 810 note 5} Id., No. P88 0089-1541. For a parallel circular note from the U.S. Mission to the United Nations to the Permanent Missions and the Permanent Observer Offices to the United Nations, July 6, 1988, see id., No. P88 0088-2276.

^{Page no. 811 note 1} 134 Cong. Rec. S6937 (daily ed. May 27, 1988).

^{Page no. 811 note 2} 24 Weekly Comp. Pres. Doc. 683 (June 6, 1988).

^{Page no. 812 note 3} Id. at 779, 780 (June 13, 1988). See further S. Exec. Rep. No. 15, 100th Cong., 2d Sess. 87–108, 437–46(1988).

^{Page no. 815 note 4} 134 Cong. Rec, supra note 1, at S6937–38.