THE PRESIDENT: Was this service established after the police report was made?
M. DUBOST: In the month of September or October.
THE PRESIDENT: September of what year?
M. DUBOST: In September 1944 this Office for Inquiry into War Crimes in France was established, and this service functioned as soon as the Provisional Government was set up in France.
THE PRESIDENT: Then the police inquiry was held under the service? You see, the police report is dated the 9th of October, and therefore the police report appears to have been made after the service had been set up. Is that right?
M. DUBOST: You have the evidence, Mr. President. If you look at the top of the second page at the left, it shows the beginning of the record and you read: “Purpose: Investigation of atrocities committed by Germans against the civilian population.” These investigations were prescribed by the Office for Inquiry into War Crimes.
THE PRESIDENT: Yes. That would appear to be so if the service was really established in September and this police investigation is dated the 9th of October.
The Tribunal will adjourn for consideration of this question.
[A recess was taken.]
THE PRESIDENT: The Tribunal has considered the arguments which have been addressed to it and is of the opinion that the document offered by counsel for France is a document of a committee set up for the investigation of War Crimes within the meaning of Article 21 of the Charter. The fact that it is not upon oath does not prevent it being such a document within Article 21, of which the Tribunal is directed to take judicial notice. The question of its probative value would of course be considered under Article 19 of the Charter and therefore, in accordance with Article 19 and Article 21 of the Charter, the document will be admitted in evidence; and the objection of Counsel for the Gestapo is denied.