In my opinion there are many points which speak against Mr. Justice Jackson’s suggestion. I summarize: As far as I am concerned, the most important point of view is that of fairness and justice. The Defense Counsel, as I have ascertained beyond any doubt by conversations during the recess, must and would consider it a severe and intolerable limitation of the Defense, if, contrary to the procedure exercised so far by the Prosecution, it were deprived of the possibility of presenting, in its turn, at least the relevant parts of its own documentary evidence to the Tribunal verbally and with comments. I am of the opinion, that it is a simple postulate of fairness in the forensic engagement between Prosecution and Defense that now the Defense, too, should be given the same opportunity. And this is not meant to be criticism either but merely a statement of fact, of which the Prosecution have availed themselves to a considerable and sometimes cumulative extent.
May I request, therefore, and I think my request is supported by the entire Defense that the suggestion of Mr. Justice Jackson be rejected.
THE PRESIDENT: One moment. You began your address by saying that you would not refer to the Charter. On what Article of the Charter do you rely for your argument that all documents which are presented must now be read?
DR. DIX: I said that I would not refer to individual provisions of the Charter as a basis for my application. As a basis for my application I have merely mentioned the heading of Part IV of the Charter which says, “Fair Trial for Defendants,” and I have explained and need not repeat that I would not consider it a fair trial if Mr. Justice Jackson’s suggestion were followed. However, I have deliberately—although my attention was drawn to specific provisions of the Charter which, directly or indirectly, might be used as a legal construction to support my application—I have refrained deliberately from doing so, since these individual rules in my opinion are not convincing.
The principle of justice and fairness however is sufficiently strong in my opinion, and so are the other arguments of practicability and feasibility which I took the liberty to present to the Tribunal. I think there must be a misunderstanding.
THE PRESIDENT: But you will not have omitted to notice that Article 24 deals expressly with the course of the Trial. Do you rely upon any part of Article 24?
DR. DIX: No, no. I have deliberately not referred to any part of Article 24, since that article gives considerable powers of discretion to the Tribunal, regarding the general rules of procedure which, in my opinion, have nothing to do with the question under discussion at present. This is merely a question of justice and fairness, and, if I may add this, it is a fundamental rule of oral trial. We now have an oral trial, we now have a trial in open session. It is in existence here. I am not sure whether or not the open session is prescribed by the Charter, but it exists. Since it is in existence, we must proceed in accordance with these principles and therefore, in my opinion, the defendant has also the right to present to the public of the world what is in his favor after the Prosecution have presented to the public of the world what is not in his favor.
THE PRESIDENT: I want to ask you another question: Are you suggesting that the Defense should be able to quote, to read documents, more than once?
DR. DIX: I am not suggesting that in any way. As far as I am concerned, my documents of course will be read only in part and certainly not twice. I have merely said that the Prosecution have done so, that is, have read documents twice; sometimes even three times, I am told. But it is not my task to criticize that conduct of the Prosecution; that is the Prosecution’s business. I am not here to make criticism; that is up to the Tribunal and the Prosecution. I have merely stated the fact.
THE PRESIDENT: Mr. Justice Jackson, the Tribunal would like to put a further question to Dr. Dix before they hear you, and also . . .