“The young men returned from the interrogation with their toes burned by means of cotton-wool pads which had been dipped in gasoline; others had had their calves burned by the flames of a blow torch; others were bitten by police dogs . . . .”
DR. RUDOLF MERKEL (Counsel for the Gestapo): The French Prosecution submits here documents which do not represent sworn affidavits. They are statements which do not show who took them. As a matter of principle I formally protest against these mere testimonies of persons who were not on oath. They cannot be admitted as proof at this Trial.
THE PRESIDENT: Is that all you have to say?
DR. MERKEL: Yes, sir.
THE PRESIDENT: We will hear M. Dubost answer.
M. DUBOST: Mr. President, the Charter, which goes so far as to admit evidence of public knowledge, has not fixed any rules as to the manner in which this evidence, being submitted to you as proof, shall be presented. The Charter leaves the Tribunal to decide on this or that document. The Charter leaves the Tribunal free to decide whether such or such method of investigation is acceptable. The way in which these investigations have been carried out is regular according to the customs and usages of my country. As a matter of fact, it is usual for all official records of the police and gendarmerie to be accepted without the witnesses being under oath. Moreover, according to the stipulations of the Charter, all investigations made to disclose war crimes should be held as authentic proof. Article 21 says:
“The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United Nations, including the acts and documents of the committees set up in the various Allied countries for the investigation of war crimes, and the records and findings of military or other Tribunal of any of the United Nations.”
THE PRESIDENT: M. Dubost, is the document that you are reading to us either an official government document or a report, or is it an act or document of a committee set up in France?
M. DUBOST: This report, Mr. President, comes from the Sûreté Nationale. You can verify that by examining the second sheet of the copy which you have in your hand, at the top to the left: Direction Générale de la Sûreté Nationale. Commissariat Special de Saint Gingolph. Testimony of witnesses.
THE PRESIDENT: May we see the original document?