“Chapter 4 and the last will bear the heading, ‘The Administrative Organization of Criminal Action’. . . . for the fourth chapter I might point out that the French Delegation examined more than 2,000 documents, counting only the original German documents of which I have kept only about 50.”
According to the opening address of the United States Chief Prosecutor, there can be no doubt that these 50 documents were selected merely from the point of view of incriminating the defendant. On 11 February, if I remember correctly, I addressed myself to the French Prosecution with a request to place at my disposal for examination the remaining 1,950 documents, which the French Prosecution did not use.
To date I have received no answer. The Tribunal will appreciate the difficulties of my position. I know there are documents there which I am sure contain also exonerating facts. Yet I am not able to specify these documents. I beg the Tribunal, therefore, for a ruling in this matter—that the Prosecution should place at my disposal those documents for my perusal.
THE PRESIDENT: With reference to these particular documents that you are asking for, are you going to say anything about them?
DR. NELTE: I do not know the contents of these documents. I know only that the French Prosecution have these 2,000 documents. . .
THE PRESIDENT: Well, if you wish to deal with that now, I will ask the French Prosecutor to answer what you have said.
DR. NELTE: If Your Honor pleases, I leave it to the Tribunal whether they wish to examine this question or whether it can be dealt with now.
THE PRESIDENT: Well, I think we had better hear from the French Prosecutor now.
M. CHARLES DUBOST (Deputy Chief Prosecutor for the French Republic): A certain number of documents of doubtful origin were in our hands at the time that we were beginning to prepare our prosecution. We have eliminated all documents which could not bear serious critical examination. We undertook a critical task and rejected all those that were considered to be insufficient proof. At the end of this task about fifty documents remained which have been referred to by my colleagues and which appeared relevant. These 50 documents have, moreover, not all been accepted by the Tribunal, which has rejected some, and if I remember rightly, 3 or 4 of whose origin we were not quite sure. In these conditions, it is absolutely incorrect to say that we have kept 1,950 documents from the Defense.
We handed over to the Court, and therefore to the Defense, the 50 documents which in themselves seemed to us to have sufficient probative value.