THE PRESIDENT: Dr. Siemers, the Tribunal thinks that you must argue these questions now, and it hopes that you will argue them shortly, as your arguments have already been heard in favor of them. But we think that you must argue them now and not argue each individual document as it comes up, and it will consider the matter. It already has these documents, but it will consider the matter again and decide the matter tonight.
COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for the U.S.S.R.): My Lord, inasmuch as the Tribunal decided to have Dr. Siemers argue the point which was expressed by Sir David Maxwell-Fyfe and other prosecutors, I think it is my duty to name three documents to which our Prosecution object.
The Soviet Prosecution would like to object altogether to five documents. Two of them—I have in mind Documents Raeder-70 and 88—have already been included by my friend Sir David Maxwell-Fyfe in the list which has been given to the Tribunal. So all I have to do now is to name the three remaining numbers, so that Dr. Siemers would have it easier in answering all together. I name Documents Raeder-13, 27, and 83.
Document Raeder-13 is a record of a report of Captain Lohmann. There is an idea expressed in this report which I cannot call other than a mad and propagandist idea of a typical Nazi. The idea is that the aim of the Red Army is world revolution, and that the Red Army is really trying to incite world revolution. I consider that it would not be proper if such nightmares and politically harmful ideas were reflected in the documents which are to be admitted by the Tribunal.
My second objection is in connection with the Document Raeder-27. This is a record which was made by a voluntary reporter, Böhm, of an address of Hitler’s at Obersalzberg. The Tribunal already rejected Dr. Siemers’ application to include two documents pertaining to the same questions and emphasized the fact that the Tribunal does not wish to compare the authenticity of different documents pertaining to or dealing with the same question.
I consider that inasmuch as the Tribunal already has at its disposal among documents which were admitted two records dealing with Hitler’s address at Obersalzberg, therefore, there is no necessity to admit the third record of his speech, especially since in this third version there are altogether shameless, slanderous, and calumnious remarks against the Armed Forces of the Soviet Union and the leaders of the Soviet Government. Neither the Armed Forces of the Soviet Union nor we as representatives of the Soviet State would ever agree to have such remarks included in the record.
The third document is Document Raeder-83. Document 83 is an excerpt from the German White Book. Since the authenticity of this White Book has already been questioned by Dr. Dubost, I consider it material which cannot be relied upon, and in particular with regard to the Document Raeder-83. There are several remarks, harmful to the Soviet Union, which have absolutely no political basis—that is, the passage pertaining to the relations between the Soviet Union and Finland. So on the grounds of such general political motives, I would ask the High Tribunal to exclude as evidence Document Raeder-83 from the list of documents which were presented to the Tribunal by Defense Counsel Siemers. Furthermore, strictly speaking, it is absolutely clear that this document is irrelevant. That is all I want to say.
DR. SIEMERS: May it please the Tribunal, I note to my regret that we are back at the beginning again in our debate about documents; for we are disputing about documents now which were not mentioned at all in the original debate concerning documents, which took place on 1 May. I had believed, however, that I could rely on this one principle, that at least those documents which at that time were not objected to would be considered granted. Now, however, I find that those documents which were not discussed at that time at all are under dispute. It is extremely difficult...
THE PRESIDENT: Dr. Siemers, the Tribunal thinks you are entirely in error in that, because it is obvious that a document which has not been translated cannot be finally passed on by the Prosecution or by the Tribunal, and the fact that the Prosecution does not object to it at that stage does not prevent it from objecting at a later stage when it has been translated.
DR. SIEMERS: There were some documents to which I was told that the Prosecution did not object, and with regard to them I believed at any rate that that was final, just as with reference to some documents...