MR. G. D. ROBERTS (Leading Counsel for the United Kingdom): My Lord, perhaps I might assist in this matter—because I am partly responsible for that report—with the kind indulgence of my learned friend, my Russian colleague.
My Lord, the document which is now about to be read is a British official government report under Article 21 of the Charter, and the original is properly so certified. My Lord, it is quite true that General Westhoff’s name is mentioned in the report, but it is quite a different document to the document which my French colleagues tendered and which the Tribunal rejected in evidence. It is an official government report.
MR. COUNSELLOR SMIRNOV: That is just what I have been saying, Your Honor. This is an official report of the British Government.
THE PRESIDENT: One moment, Colonel Smirnov.
Mr. Roberts—I just wish to speak to Mr. Roberts, Dr. Nelte—why do you say that it is an official government report so as to come within Article 21 of the Charter?
MR. ROBERTS: Because the original has been handed in and it has been certified by Brigadier General Shapcott of the Military Department of the Judge Advocate General’s office. I think you have the original.
THE PRESIDENT: Yes, I have the original. Mr. Roberts, to whom was it made, this report?
MR. ROBERTS: My Lord, it was made in connection with the collection of evidence for this Tribunal. As Your Lordship sees, it is headed, “German War Crimes. Report on the Responsibility for the Killing of 50 R.A.F. Officers,” and then it starts to say—then it states the sources on which the material has been based. Your Lordship will see on the last page of the report the appendix, “Material upon which the foregoing report is based”:
“1. Proceedings of Court of Inquiry held at Sagan. . . . 2. Statements of the following Allied witnesses. . . . 3. Statements taken from the following German. . . . 4. Photostat copy of the official list of dead, transmitted by the German Foreign Office to the Swiss Legation. . . . 5. Report of the Representative of the Protecting Power on his visit to Stalag Luft III on 5th June 1944.”
THE TRIBUNAL (Mr. Biddle): Mr. Roberts, was this made for the Tribunal or for the War Crimes Commission?