27 Nov. 45

DR. SIEMERS: As far as I have understood the proceedings to date, I believe that it is a question of a procedure in which either proof by way of documents or proof by way of witnesses will be furnished. I am surprised that the Prosecution wishes to furnish proof by way of records of interrogations, taken at a time when the Defense was not present. I should be obliged to the Court if I could be told whether, in principle, I, as a defense counsel, may resort to producing evidence in this form, i. e. present documents of the interrogation of witnesses; that is to say, documents in which I myself interrogated witnesses the same as the Prosecution without putting witnesses on the stand.

THE PRESIDENT: The Tribunal thinks that if interrogations of defendants are to be used, copies of such interrogations should be furnished to defendant's counsel beforehand. The question which the Tribunal wished to ask you was whether on this occasion you objected to this interrogation being used without such a copy having been furnished to you. With regard to your observation as to your own rights with reference to interrogating your defendants, the Tribunal considers that you must call them as witnesses upon the witness stand and cannot interrogate them and put in the interrogations. The question for you now is whether you object to this interrogation being laid before the Tribunal at this stage.

DR. SIEMERS: I should like first of all to have an opportunity of seeing every record before it is submitted in Court. Only then shall I be able to decide whether interrogations can be read, the contents of which I as a defense counsel am not familiar with.

THE PRESIDENT: Very well, the Tribunal will adjourn now and it anticipates that the interrogation can be handed to you during the adjournment and then can be used afterwards.

[The Tribunal recessed until 1400 hours.]