(45) Carol and John Garrard, "Defectors: The Soviet Achilles' Heel", draft paper, University of Arizona, January 1986, p.13.

(46)

(47)

(48)

(49)

(50)

(51)

Bela Karoly, former trainer of Nadia Comaneci and of the Rumanian
national gymnastic team cited as one of the reasons for his defec-
tion in March 1981, his long dissatisfaction with the Rumanian
State Central Federation of Athletics. He could not tolerate
chronic interference by the federation with his training methods,
including those for Ms. Comaneci: NYT, April 12, 1981.

The East German swimming champion, Renate Vogel-Heinrich, defected
because "we were guinea pigs. In East Germany sport is the means
to an end. Successes were as exactly planned as the production of
People's factory": The Daily Telegraph, September 19, 1979, p. 36e.
Jan Czeberkus, a Polish sailor who jumped ship in Cleveland, Ohio,
early August 1986, declared that the terrible living conditions and
local and economic pressures forced him to defect: TWTI, August 7,
1986, p. 4A.

American Journal of International Law, vol. 23, spec. number,
April 1929, p. 23.

This basic relationship between a state and its citizens was expres-
sed clearly by Justice Iredell in a Supreme Court decision of 1795
in the case Talbot v. Jansen: "... As every man is entitled to
claim rights in society, which it is the duty of the society to
protect; he, in turn, is under a solemn obligation to discharge
all the duties faithfully, which he owes, as a citizen, to the
society of which he is a member...": 3 US (3 Dall. ) 162,
separate opinion.

NYT, April 4, 1944, p. 1A.

Statement by Arkady Shevchenko before the Foreign Affairs Sub-
committees on Human Rights and International Organizations and
International Operations, October 29, 1985.

Jeffrey Richelson, The U.S. Intelligence Community, Cambridge,
Massachusetts, Ballinger Co., 1985, p. 183.

See p. 15 and following of this paper.

Colonel Vernon Hinchley, The Defectors, London, George G. Harrap & Co. Ltd, 1967, p. 9.

(52)

(53)

(54)

Col. Vernon Hinchley, The Defectors, p. 10.

(55)

The story of "Farewell" is told by Thierry Wolton in Le KGB en
France, published by Grasset, Paris, 1986, 310 pp.

The story appeared also in a two part series in Le Point, No 694
of January 12, 1986, pp. 75-79, and Le Point, No. 695 of January
19, 1986, pp. 74-80.

See also for details: The Washington Times, KGB at doorstep, Paris paper warns, January 13, 1986, p. 1A.

Time, Secret Admirer, A book exposes a double life, January 20, 1986, p. 31.

TWT, Three in Congress once with KGB, says author, February 24,
1986, p. 2a.

TWTI, Bulgarian truckers run French vehicles off the roads,
March 5, 1986, p. 8B.

(56) The basic statute, the INA of 1952, was amended in Sept. 1957, Oct. 1965, Oct. 20, 1976, Oct. 1978, the Refugee Act of 1980 and INA amendments of 1981. Another immigration bill passed Congress in the last days of the regular session of the 99th Congress.

(57) For the definition of REFUGEE: INA of 1952, sec. 101, (42), (A) as amended by sec. 201(a), Refugee Act of 1980.

For the definition of ASYLEE: INA of 1952, sec. 208, (a) as amended by sec. 201, (b), Refugee Act of 1980.

(58) The INA of 1952 as amended, does not make any difference
any longer between a person inside or outside his country
of nationality or habitual residence. But the person who
is recognized by the President of the USA as a refugee
inside his country, is only so under special circumstances,
INA of 1952, sec. 101, (42), (B).

The 1951 UN Convention on Refugees and the 1967 UN Protocol
on Refugees apply only to the people outside the boundaries
of their own nation, SEE: Kathleen Newland, Refugees: The
New International Politics of Displacement, Worldwatch
paper # 43, March 1981, Worldwatch Institute, Washington,
DC, p.9.

Prior to the Refugee Act of 1980, a refugee must have fled
from the country of his nationality or habitual residence,
SEE: Gordon and Rosenfield, Immigration law
vol. I,
1986, pp. 2-187 (sec. 2.24A) and 2-188.6

(59) The Convention relating to the status of Refugees, signed
in Geneva on July 28, 1951, United Nations - Treaty Series,
1954, vol 189, p. 150.

(60)

The Protocol relating to the status of Refugees, New York,
January 31, 1967, United Nations Treaty Series, 1967,

vol. 606, p. 267.

(61) See art. 33 of the UN Refugee Convention of 1951 and art. 3
of the Declaration on Territorial Asylum. The latter was
adopted by unanimous consent by the General Assembly on
December 14, 1967. A declaration does not have the binding
value of a treaty. It expresses principles and serves as
guidelines for national policies of UN member countries.

See also: Michael Teitelbaum, "Political Asylum in theory and
practice", Public Interest, no. 76, Summer 1984, p. 75.

(62) Michael Teitelbaum, "Political Asylum in

...

..", p. 75.
This conservative definition has been criticized for its
limitations. A more broader definition has been elaborated
by the Organization of African Unity in its Convention on
Refugees adopted in September 1969. This definition extends
beyond the persecuted individual to whole groups of people
fleeing from dangerous circumstances, SEE: Kathleen Newland,
"Refugees: The New International Politics ... ", p. 9-12.

(63) Barry Stein, The United States and Asylum Policy: history
and current approaches, paper presented at a conference on
Refugees and the right of asylum in France and the United
States, Paris, 14-15 March 1985, p. 2.

(64) Warren Christopher in his address before the Los Angeles County Bar Association on November 6, 1979 in: The Department of State Bulletin, Vol. 80, # 2034, January 1980, p. 36, 2nd col. bottom.

(65) Michael Teitelbaum, "Political Asylum ...", p. 74-75.

(66) About the US Asylum procedure, SEE: INA of 1952 as amended
sec. 208 (a);

Also: Gordon and Rosenfield, Immigration law
1986, p. 2-188.22(1) [sec. 2.24AF ].

vol. I,

(67) The term "alien" means any person not a citizen or national of the United States, INA of 1952, sec. 101,(a)(3), 8 USC 1101, (a), (3).

(68) Gordon and Rosenfield, Immigration ..., Vol. I, 1986, p. 2-188.22(2) [ sec. 2.24 Af ].

(69) William T. Lake, Statement before the Subcommittee on Africa of the House Foreign Affairs Committee on April 29, 1980, Department of State Bulletin, October 1980, p. 50, col. 1.

(70) Mr. William T. Lake was Deputy Legal Adviser at that time.

(71) The Pentecostals entered the US embassy in Moscow on June 27, 1978; see: NYT, July 4, 1978, p.2 and the NYT, August 12,1978, p. 107-108 and NYT, June 24, 1979, p.3

(72) The entry or admission into the country can be dealt with through the parole device or Public Law 110. See further in this paper.

(73) For a detailed description of description of the asylum procedure, see: Gordon & Rosenfield, Immigration 1986, pp. 2-188.22(1) to (25) and 2-188.23

..., Vol. I,

(74) Gordon and Rosenfield, Immigration ..., Vol. I, 1986, p. 2-188. 22(12) sec. 2.24 Af ].

(75) Gordon & Rosenfeld, Immigration .... Vol. I, 1986, p. 2-368 to 375 sec. 2.54 ].

(76) Grounds for legal struggle: US law on aliens & defectors, NYT, Nov. 6, 1985, p. A12.

(77)

(78)

(79)

50 USC 403h. This section was enacted as part of Act
dated June 20, 1949, known as the Central Intelligence Agency
Act of 1949 (also known as Public Law 110 ).

No alien can claim a right to enter the United States. Congress
has sovereign and plenary power to determine which alien shall
come. And even after he is permitted to enter, the alien
acquires no vested right to remain, since he is subject to
expulsion on grounds fixed by Congress, SEE:

Gordon & Rosenfield, Immigration ..., 1986, p. 1-164 (sec.1.32 ).
Art. 1,3 of the UN Declaration on lerritorial Asylum reads:
"It shall rest with the State granting asylum to evaluate
the grounds for the grant of asylum".

About the eligibility for refugee status, see:

INA of 1952, sec. 101, (42)(A);

Gordon & Rosenfield, Immigration ..., vol. I, 1986, p. 2-188,
(2.24 Ab ).

8 CFR 208.14.

Department of State Bulletin, vol. 28, #720, April 13, 1953,
PP. 539-540.

(80)

(81)

(82)

71 Stat. 639, 643.

(85)

(86)

See pp. 22-23 of this paper.

Section 101, (42), (A) of the INA of 1952 [ as amended reads:
"The term refugee means: Any person who is outside any country
of such person' nationality or, in the case of a person having
no nationality, is outside any country in which such person last
habitually resided, and who is unable or unwilling to return to,
and is unable or unwilling to avail himself or herself of the
protection of that country because of persecution or`a well-
founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or pol-
itical opinion".

Constitution of the International Refugee Organization
United Nations Treaty Series, 1948, vol. 18, p. 19.

See also: Black's Law Dictionary, 1979, 5th ed., p. 423: A displaced person is "a person left homeless in his own country because of war".

"Thirteen Who Fled" a compilation of stories of Displaced persons, edited by Louis Fischer, New York, Harper & Brothers, 1949, p. 40 - 54.

(87)

(88)

(89)

(90)

(91)

An estimated 800,000 Crimean Tatars were deported en masse
to Central Asia in May 1944 as potential traitors. They
presently are still denied the land they called home for cen-
turies. Though formally rehabilitated in 1967, Tatars seeking
restitution of their farm land on the Black Sea are, with a
few exceptions, forcibly blocked from returning to it.
SEE: Report transmitted to the Committee on International
Relations, US House of Representatives by the Commission on
Security and Cooperation in Europe, titled "Implementation
of the Final Act of the Conference on Security and Cooperation
in Europe: Findings & Recommendations two years after Helsinki",
September 23, 1977, p. 33.

INA of 1952, sec. 101, (a), (3), 8 USC 1101, (a), (3).

....

For general consideration about expatriation: Gordon &
Rosenfield, Immigration Vol. 3 Natioanlity),
1986, p. 204 [ sec. 20.1 ] and p. 20-40 [sec. 20.7 ].
See also the definition in Black's Law Dictionary, 1968,
4th ed. rev., p. 685.

For general remarks and the procedure of denaturalization
See: Gordon and Rosenfield, Immigration..., Vol.3
(Nationality), 1986, p. 20.4 and following [ sec. 20.1
thru 20-6 ].

The Washington Post, June 22, 1986, p. A14.

(92) Black's Law Dictionary, 1979, 5 ed., p.666.

(93) Black's Law Dictionary, 1979, 5 ed., p. 469.

79-320 0 - 88

22