For these reasons the Soviet Prosecution categorically insists on the rejection of the application of the Defense Counsel.
I have finished my statement.
THE PRESIDENT: Counsel for Kaltenbrunner, Sir David was right, was he not, in saying that you were only asking for cross-interrogatories, which the Prosecution do not object to?
DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): Mr. President, I have no objection to questionnaires, but I would then ask that these witnesses be heard in my presence outside this courtroom; and then, on the basis of this interrogation, questionnaires can later be submitted to the Tribunal.
THE PRESIDENT: But are the witnesses here?
DR. KAUFFMANN: Mr. President, I do not know.
THE PRESIDENT: We granted interrogatories, and you now ask for cross-interrogatories; that is all you ask for, and that does not involve bringing the witnesses here at all. The cross-interrogatories will be sent to them; they will answer them. If, for any reason, on the cross-interrogatories being answered, you want to make further application, you can always do so.
DR. KAUFFMANN: The rule of the Court so far was, as I understood it, that I have the right to cross-examine in this courtroom if the Prosecution submits affidavits of these witnesses here. That has, so far, been the ruling of the Court.
THE PRESIDENT: I think it depends on what the substance of the affidavit is. If it is a matter of importance, no doubt we—we have never made any general rule, but we have generally allowed the witness to be brought here for cross-examination if the matter is of importance; but if the matter is of less importance, then we have very frequently directed that there should be cross-interrogatories.
DR. KAUFFMANN: May I add to this last sentence? I consider this testimony extremely important. The Court will probably know the contents.