17 Nov. 45
documents specified in sub-paragraph
(a) above, by notice specified such form and manner as the Tribunal
may prescribe."
The Tribunal prescribed that notice to the
Defendant Bormann should be given in the following manner:
The notice should be read over the radio once a
week for 4 weeks, the fist reading to be during the week of 22
October. It should also be published in four separate issues of a
newspaper circulated in the home city of Martin Bormann.
The broadcast was given in the weeks after 22
October, as ordered, over Radio Hamburg and Radio Langenberg, that
is, Cologne. The Defendant Bormann's last place of residence was in
Berlin. The notice was, therefore, published in four Berlin papers:
The Tägliche Rundschau, the Berliner Zeitung, Der
Berliner, and the Allgemeine Zeitung for the 4 weeks which the
Tribunal had ordered.
In my respectful submission, the Charter and
Rules of Procedure have been complied with. The Tribunal, therefore,
has the right to take proceedings in absentia under Article
12. It is, of course, a matter for the Tribunal to decide whether it
will exercise that right.
The Chief Prosecutors submit, however, that there
is no change in the position since they indicted Bormann and that,
unless the Tribunal has any different view, this is a proper case for
trial in absentia.
I am authorized to make this statement not only
on behalf of the British Delegation, but on behalf of the United
States and the French Republic. I consulted my friend and colleague,
Colonel Pokrovsky, yesterday and he had to take instructions on the
matter, and I notice he is here today. I haven't had the opportunity
of speaking to him this morning and no doubt he will be able to tell
the Tribunal any thing if he so desires.
I hope that that explains the basis of the matter
to the Tribunal. If there are any other facts, I should be only too
happy to answer any point.
THE PRESIDENT: It is suggested to me that you
should file with the General Secretary proof of the publication to
which you have referred.
SIR DAVID MAXWEL-FYFE: With proof of the
publication! If it please My Lord, that will be done.
THE PRESIDENT: Thank you, Sir David. Then I will
ask the Chief Prosecutor for the Soviet Union if he wishes to address
the Tribunal.
COL. POKROVSKY: I thank the Tribunal, for their
wish to hear the opinion of the Soviet Delegation. I shall avail
myself