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
Last modified: October 10, 1998