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little longer than the average of the other statements, but it shall
not constitute a prolongation of the session because only two more opening
statements are to be delivered which are comparatively short. Mr. President,
Your Honors: In count one, the defendant Dr. Walter Duerrfeld is accused of
having participated, with divers other persons during a number of years prior
to 8 May 1945, acting through the instrumentality of Farben and otherwise, in
the planning, preparation, initiation, and waging of wars of aggression and
invasions of other countries. The prosecution has not, however, been able to
submit a single document which would justify the assumption that the defendant
Duerrfeld did, in fact, participate in the planning or the execution of the
actions which form the subject of this count of the indictment. Nor did he at
any time occupy a position in Farben, or in the financial or economic hierarchy
of Germany, which might have suggested to him the possibility of decisively
influencing political or economic issues in that respect. It must be noted
especially that he was not a member of the Vorstand of the IG. Farbenindustrie,
or of the Technical Committee (TEA), or of any other similar institution of
this firm. When presenting evidence, or summing up evidence from the legal
point of view, the defense will therefore be in a position to confine itself to
stating a few fundamental points in connection with count one. This is
particularly true in respect to the legal consequence of the German-Soviet
secret treaty of 23 August 1939. Defense counsel for Gattineau, in the course
of his opening speech, has made application that, considering the contents of
that secret treaty, the London Agreement of 8 August 1945, including the
Charter of the IMT and the Control Council Law No. 10, should be regarded
invalid. In the proceedings before the IMT, I raised the same objections when
acting as defense counsel of Rudolf Hess, and I join the above application. In
the course of our submission of evidence, the text of that treaty and other
documents will be submitted to give a basis for our objections.
The
same applies to count two of the indictment, in which the defendant Duerrfeld
is accused of having committed war crimes and crimes against humanity together
with the other defendants during the period from 12 March 1938 to 8 May 1945,
in that they participated in the plunder of public and private property,
exploitation, spoliation, and other offenses against property in countries and
territories which were occupied by German troops during the war. No indication
can be found in any of the documents submitted by the prosecution that the
defendant Duerrfeld was in any way involved in the actions which form the
subject of this count of the indictment. |
352 |
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