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The Holocaust History Project.

The Holocaust History Project.
MOTION ON BEHALF OF DEFENDANT HESS FOR
AN EXAMINATION BY A NEUTRAL EXPERT WITH
REFERENCE TO HIS MENTAL COMPETENCE AND
CAPACITY TO STAND TRIAL

I

TO: The General Secretary of the International Military Tribunal, Nuremberg.

On behalf of the Defendant Hess I hereby make the following application in my capacity of counsel:

A. That a medical expert be asked by the Court to make a thorough examination of the Defendant Hess and to report in an exhaustive manner as to whether the said defendant is

a) mentally competent,

b) capable of being tried, and to summon the medical expert as a witness at the Trial.

The expert should be named to the Tribunal by the medical faculty of the University of Zürich or, if a competent expert should not be available there, by the medical faculty of Lausanne.
B. If the Court has already appointed an expert, that the expert applied for and appointed as in I A. be appointed and summoned to act together with the Court's own expert at the examination, and to testify in Court.

C. In the event of the Court's having already in the meantime ordered a report by a board of experts, that this panel be completed by the appointment, as well as the expert mentioned in I A., of another expert also to be named by the medical faculty of Zürich or Lausanne.



II
. . . .
Reasons:

Re I. The undersigned Counsel has grave doubts as to the mental responsibility and the fitness for Trial of the Defendant Hess owing to defendant's behavior during his numerous talks with him, and owing to the numerous publications, past and present, in the German and foreign press about the "Hess Case". The defendant is not in a position to give his Counsel any information whatsoever regarding the crimes imputed to him in the Indictment. The expression of his face is lifeless and his attitude towards his Counsel and in view of the impending Trial is the reverse of every natural reaction of any other defendant.



155
   
Prev   Text:

English
     International Military Tribunal
"Blue Series," Vol. 1, p. 155
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  Next

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