Text: English     International Military Tribunal "Blue Series," Vol. 2, p. 21
		15 Nov. 45 Eugene Sepp, M.D., Emeritus Professor of Neurology, Medical Institute of Moscow; Member, Academy of Medical Science, Union of Soviet Socialist Republics. Eugene Krasnushkin, M.D., Professor of Psychiatry, Medical Institute of Moscow. Bertram Schaffner, Major, Medical Corps, Neuropsychiatrist, Army of the United States. The commission has reported to the Tribunal that it is unanimously of the opinion that Gustav Krupp von Bohlen suffers from senile softening of the brain; that his mental condition is such that he is incapable of understanding court procedure and of understanding or cooperating in interrogations; that his physical state is such that he cannot be moved without endangering his life; and that his condition is unlikely to improve but rather will deteriorate further. The Tribunal accepts the findings of the medical commission, to which exception is taken neither by the Prosecution nor by the Defense. Article 12 of the Charter authorizes the trial of a defendant in absentia if found by the Tribunal to be "necessary in the interests of justice." It is contended on behalf of the Chief Prosecutors that in the interest of justice, Gustav Krupp von Bohlen should be tried in absentia, despite his physical and mental condition. It is the decision of the Tribunal that upon the facts presented the interests of justice do not require that Gustav Krupp von Bohlen be tried in absentia. The Charter of the Tribunal envisages a fair trial, in which the Chief Prosecutors may present the evidence in support of an indictment and the defendants may present such defense as they may believe themselves to have. Where nature rather than flight or contumacy has rendered such a trial impossible, it is not in accordance with justice that the case should proceed in the absence of a defendant. For the foregoing reasons, the Tribunal orders that: 1. The application for postponement of the proceedings against Gustav Krupp von Bohlen is granted. 2. The charges in the Indictment against Gustav Krupp von Bohlen shall be retained upon the docket of the Tribunal for trial hereafter, if the physical and mental condition of the defendant should permit. Further questions raised by the Chief Prosecutors, including the question of adding another name to the Indictment, will be considered later. The Tribunal will now hear the application on behalf of the Defendant Streicher. Will the Counsel state his name? 21
		Text: English     International Military Tribunal "Blue Series," Vol. 2, p. 21     Last modified: February 10, 2001 Technical/administrative contact: webmaster@holocaust-history.org