In the case of witnesses living inside Germany, the Defense Counsel have repeatedly been asked either to conduct the interrogation themselves or to present a written affidavit. Since the Defense Counsel are confined to Nuremberg during the sessions, they could only carry out this task during a prolonged recess.
Finally, one member of the Defense had, at the beginning of November, applied for permission to submit a series of documents indispensable to his case. These documents are in the possession of one of the signatories of the Charter. They have been examined by the Prosecution and have been submitted in evidence by the Prosecution insofar as they serve to implicate the defendant in question. The Defense Counsel is still not in possession of these exonerating documents.
We should like to emphasize again the purely technical difficulties that arise from the mimeographing and multiple translations. . . .
THE PRESIDENT: Just one moment, Professor Kraus. You referred to a document which you said was indispensable, which was in the possession of a signatory power, examined by the Prosecution, and put in evidence in this case, and the defendants are still not in possession of it.
What is the reference to that document?
DR. KRAUS: No, Mr. President; it is a collection of documents in which the incriminating parts were presented by the Prosecution; but we, the Defense Counsel, are not yet in possession of the exonerating parts of that documentation. Dr. Kranzbühler, who, too, is affected by this case can give you more detailed information.
THE PRESIDENT: Well, there is an application, I know, by Dr. Kranzbühler; but if it is really a part of a document, the Tribunal has ruled on several occasions that if the Prosecution puts in a certain part of a document, the whole of that document must be available to the defendant’s counsel so that they can criticize and comment upon any other part of it which may throw light upon the part of the document which is put in evidence.
DR. KRAUS: Yes, Mr. President; we are dealing here not with one single document, but with a whole collection of documents and Dr. Kranzbühler only wishes to extract from this collection the documents which would assist him in exonerating his client, after the incriminating documents have been presented by the Prosecution.
THE PRESIDENT: You may continue.
DR. KRAUS: The Defense is grateful to the Prosecution for the readiness they have expressed in assisting the Defense in technical questions. The great difficulties which the Prosecution themselves have experienced in this connection, and which have repeatedly led to discussions by the Tribunal, show, nevertheless, that an efficient solution of this problem calls for a suitable length of time. The Defense consider it important to assure the Tribunal of their readiness and their determination not to prolong the Trial unnecessarily. They are, however, of opinion that an inadequate a priori preparation will lead to a corresponding increase in the duration of the Defense, and that the subsequent results might not at all suffice to allow the Tribunal to give a fair verdict.