30 Nov. 45
In the proceedings which have already been opened against Hess,
the Court is to decide solely the question whether the defendant is
fit or unfit to be heard, and further, whether he might even be
considered entirely irresponsible.
The Court itself has posed this question affecting the
proceedings against Hess by asking the experts to state their
opinion, firstly, on whether the defendant is in a position to plead
on the charge; secondly, on his state of mind, whether he is mentally
sound or not.
With regard to question 1 (Is the defendant in a position to
plead?) the Tribunal asked the experts specifically whether the
defendant is sufficiently in possession of his mental faculties to
understand the proceedings and to conduct his defense
adequately--that is, to repudiate a witness to whom he has objections
and to understand details of the evidence.
The experts to whom this task was entrusted have, in separate
groups, examined Hess for a few days and have stated their expert
opinion on these questions in writing. As the defendant's counsel I
consider it my duty, after studying the reports of these experts,
which unfortunately, I could not do as carefully as I desired since
time was short, and in view of my knowledge of the defendant and my
experience in almost daily contact with him, to state my opinion that
the defendant Hess is not in a position to plead in the case against
him.
I am therefore obliged to file the following applications on
behalf of the Defendant Hess:
Firstly, I request a ruling to suspend the proceedings against
Hess temporarily. Secondly, if his inability to plead is recognized
by the Tribunal, I request that the proceedings against the defendant
be not conducted in his absence. Thirdly, if the Tribunal rules that
Hess is fit to plead, I request that in addition other competent
psychiatrists be consulted for an authoritative opinion.
Before I come to the reasons for my applications, I should like
to say, at the request of the defendant, that he himself considers he
is fit to plead and would himself like to inform the Court to that
effect.
May I now state the reasons for my application:
In regard to my first application:
If the defendant is not fit to plead, I request that the
proceedings against Hess be temporarily suspended.
In this connection may I refer to the opinions already submitted
to the Tribunal.
After examining the questions placed before them by the Tribunal,
the experts have come to the conclusion which is embodied in what I
may call the main report signed by a mixed