 |
[objec…] tion had not been put down in writing beforehand, only
a few notes, but I can submit to the Court a short summary of my observations.
PRESIDING JUDGE SHAKE: That would be very helpful to us, because we
would like to have before us very definitely and concretely a statement of the
positions of the parties. We do not mean for you to file a brief for the record
or anything of that kind, but if we can have the benefit of a short, terse
statement of your views, we would like to have it. Of course, when it comes
from you we shall have to arrange to have it translated unless you can arrange
to give us your views in English. You may do as you please about that, but if
it inconveniences you to put it in English, we will have it translated.
DR. DRISCHEL: I am only afraid, Your Honors, that that will not be
possible before Monday morning.
PRESIDING JUDGE SHAKE: Could you do it
by Monday morning?
DR. DRISCHEL: Yes; I can do it by Monday morning
—
PRESIDING JUDGE SHAKE: We are just advised that the transcript
will be available to us by tomorrow noon, and if, by Monday morning, you wish
to add anything to your remarks that will not appear in the transcript, we will
then have the transcript and will consider the presentation on the record, and
anything that you may wish to add to it by way of supplementation. Thank you
very much.
DR. DRISCHEL: Would it be possible, as an exceptional
measure, that we, too, could get the transcript by tomorrow, I mean the English
text — normally, we only get it a couple of days later — so that, in
my written statement, I would not repeat myself?
PRESIDING JUDGE SHAKE:
If the Tribunal can have the transcript tomorrow noon, there is no reason why
the counsel for defense and the prosecution may not have it. However, you may
have to deal with it in English. I don't know what the facilities are for the
German transcript.
DR. DRISCHEL: Thank you, Your Honor.
MR.
SPRECHER: Mr. President, we would have only one more brief remark to make that
brings up an entirely additional ground, with respect to the relevancy of these
materials. Under Control Council Law 10, Article II, paragraph 2e, any
person is deemed to have committed a crime if he "was a member of any
organization or group connected with the commission of any such crime." Some of
the documents we are about to come into deal, for instance, with the Reich
Group Industry and the Economic Group Industry, which, as you will see, had a
considerable amount to do with the entire pattern of spoliation in the Soviet
Union, quite beyond the mere matters we have brought up here, where we haven't
been able to prove the ultimate and final success with respect to the
spoliative intent shown, and some of these defendants were members of those
organizations. |
290 |
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