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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
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