17 Dec. 45
already directed, counsel will be entitled to call as
witnesses representative applicants and may also call other persons
whose attendance may be ordered by the Tribunal. Application to call any
witness must be made in the ordinary way. The evidence of such witnesses
and the arguments of counsel must be confined to the question of the
criminal nature of the group or organization. Counsel will not be
entitled to call evidence or to discuss any question as to the
individual responsibility of particular applicants, except in so far as
this may bear upon the criminal character of the organizations. Counsel
will be permitted, as far as possible, to communicate with applicants in
order to decide what witnesses they wish to apply to call.
The third announcement is this:
The Chief Prosecutor for the United States has requested the Tribunal
to make a change in its formal order which provided that only such
portions of documents which are read in court would be admitted as
evidence. In order to meet the needs, so far as possible, of the members
of the Tribunal, of the Prosecution, and of counsel for the defendants
to have before them all the evidence in the case, the Tribunal, having
carefully considered the request, makes the following order:
All documents may be filed in court. The Tribunal shall only admit in
evidence, however:
1. Documents or portions of documents which are read in court;
2. Documents or portions of documents which are cited in court, on the
condition that they have been translated into the respective languages
of the members of the Tribunal for their use and that sufficient numbers
in German are filed in the Information Center for the use of Defense
Counsel.
This does not apply to the documents of which the Court will take
judicial notice, in accordance with Article 21 of the Charter; and the
Prosecution and the defendants will be at liberty to read those
documents or to refer to them without reading them.
Trial briefs and document books may be furnished to the Tribunal if
sufficient copies thereof are, at the same time, filed for Defense
Counsel in the Information Center. As far as possible, these should be
furnished in advance of their introduction in court. In order to permit
the Interpretation and Translation Division to make translations in
time, it is suggested that all documents be submitted to the division at
least 5 days before they are to be offered in evidence.
This is the fourth announcement:
The Tribunal has passed upon a number of applications for witnesses.
Some of these have been granted, subject to their evidence being
relevant. Some have been declined. And in some