30 Nov. 45
DR. VON ROHRSCHEIDT: May I ask whether the report of November 16
is meant? May I once more read what my translation says? I can only
refer to the translation of the English text that was given to me;
this translation was made in the Translation Division of the
Secretariat and handed to me.
May I repeat that the translation in my possession refers to the
report of November 16, 1945 signed by members of the Soviet
Delegation and by Professor Delay of Paris.
Under point 3 of this report the following is stated:
"At present he is not insane in the
strict sense of the word. His amnesia does not prevent him completely
from understanding what is going on around him but it will interfere
with his ability to conduct his defense and to understand details of
the past which would appear as factual data."
That is the text which I have here before me in the authentic
German version.
THE PRESIDENT: That is all we wish to ask you. Does the Chief
Prosecutor for the United States wish to address the Tribunal?
MR. JUSTICE JACKSON: I think General Rudenko would like to open
discussion, if that is agreeable.
THE PRESIDENT: Yes. Are you going on?
GEN. RUDENKO: In connection with the statement made by counsel
for the defendant, on the results of the evidence of Hess' certified
psychological condition, I consider it essential to make the
following declaration:
The defendant's psychological condition was confirmed by experts
appointed by the Tribunal. These experts came to the unanimous
conclusion that he is sane and responsible for his actions. The Chief
Prosecutors, after discussing the results of the decision and acting
in accordance with the order of the Tribunal, make the following
reply to the inquiry of the Tribunal:
First of all, we do not question or doubt the findings of the
commission. We consider that the Defendant, Rudolf Hess, is perfectly
able to stand his trial. This is the unanimous opinion of the Chief
Prosecutors. I consider that the findings of the examinations by the
experts are quite sufficient to declare Hess sane and able to stand
his trial. We therefore request the Tribunal to make the requisite
decision this very day.
In stating his reasons for the postponement of the proceedings or
for the settlement of the defendant's case, defense counsel referred
to the decision of the experts. I must state, however, that this
decision--and I do not know on what principle it was reached--