dead and that the Tribunal should not avail itself of Article 12 of the Charter, which gives it the right to take proceedings in absentia. But the evidence of death is not conclusive, and the Tribunal, as previously stated, is determined to try him in absentia. If Bormann is not dead and is later apprehended, the Control Council for Germany may, under Article 29 of the Charter, consider any facts in mitigation, and alter or reduce his sentence, if deemed proper.


Conclusion

The Tribunal finds that Bormann is not guilty on Count One, but is guilty on Counts Three and Four.

1 October 1946


/ s / GEOFFREY LAWRENCE President
/ s / NORMAN BIRKETT
/ s / FRANCIS BIDDLE / s / JOHN J. PARKER
/ s / H. DONNEDIEU DE VABRES / s / R. FALCO
/ s / NIKITCHENKO / s / A. VOLCHKOV