Friday 14 December 1945

Morning Session

DR. KAUFFMANN: May I bring up two points with regard to yesterday's and all future presentation of evidence on the section dealing with Crimes against Humanity.

Firstly, I request that the affidavit of the witness Pfaffenberger, which was submitted yesterday, be stricken from the record. The witness himself will later have to be cross-examined, since his affidavit is fragmentary in most important points. In many cases it does not appear whether his statements are based on personal observations or on hearsay, and therefore it is too easy to draw false conclusions. The witness did not mention that the Camp Commander Koch and his inhuman wife were condemned to death by an SS court, among other things, on account of these occurrences. It is, of course, possible to ascertain the complete facts by questioning the witness at a later stage of the Trial. But until then the Tribunal and all members of the Prosecution and the Defense must be continually influenced by such dreadful testimony.

The contents of this testimony are so horrifying and so degrading to the human mind that one would like to avert one's eyes and ears. In the meantime such statements make their way into the press of the whole world, and civilization is justly indignant. The consequences of such prejudiced statements are incalculable. The prosecutor clearly recognized the significance of this testimony and exposed the sorry documents in yesterday's proceedings.

If weeks or months pass before such testimony is rectified, its initial effect can never be wholly eliminated; but truth suffers and justice is endangered thereby. Surely, Article 19 of the Charter does not envisage bringing about such a state of affairs.

Secondly, I should, therefore, like to suggest that at the present stage of the Trial the testimony of witnesses who live in Germany and whose appearance here in court is possible should not be read in the proceedings. For at this stage of the Trial the charges are made are even more terrible than those referring to wars of aggression, since the tortured lives and deaths of human beings are involved.

At the beginning of the Trial the Tribunal refused to admit testimony of the witness Schuschnigg, and it is my