DR. SCHILF: No, Mr. President, they are not yet available. They have not arrived yet.
THE PRESIDENT: I see. Are they affidavits or interrogatories?
DR. SCHILF: They are two interrogatories, Mr. President.
THE PRESIDENT: Interrogatories, I see. Well then, when the interrogatories come back answered, they can be shown to the Prosecution if they want to put in cross-interrogatories; and then they can be translated and submitted to the Tribunal.
Dr. Schilf, there was an application—I am not sure whether it was in writing or whether it was only oral—with reference to Schörner and Voss, and one other man, whose statements were used in cross-examination by the Prosecution. I think they were affidavits, I am not sure; and there was an oral application, I think, to cross-examine those persons. Do you want that to be done, or have you withdrawn that?
DR. SCHILF: Mr. President, that application has not been withdrawn, but it was put in only as an auxiliary application, to have effect only if the interrogation notes submitted by the Russian Prosecution—it seems to me that these interrogation notes cannot be considered as affidavits, but only interrogation records of a police character.
And Dr. Fritz made application to the effect that if these three documents were to be used as documents of evidence, we cannot waive the cross-examination. These three documents were used in the examination of the Defendant Fritzsche only in part, and only short passages were submitted to the defendant in his examination. Every detail there he has...
THE PRESIDENT: What you were saying is that in case the Prosecution do not want to use the whole of these documents, but only the parts which were put to the Defendant Fritzsche in the course of cross-examination, then you do not need to have those persons, Voss and Schörner, called for cross-examination; but if the Prosecution wish to put in the whole document, then you want to cross-examine them. Is that right?
DR. SCHILF: Mr. President, that is correct.
THE PRESIDENT: Are you meaning that you are asking the Tribunal to strike out the passages in the Defendant Fritzsche’s evidence which deal with these statements or are you merely meaning that if the Prosecution wish to use, not only the parts which they have put to the defendant in cross-examination but other parts of the document, that in that event you would like to cross-examine the deponents Voss and Schörner?