Evening star., 1945-08-09


| Of Justice. to conduct the hearing In
his absence.
J, Article IS. The tribunal shall draw
/ up rules for its procedure. These
rules shall not be inconsistent with
the provisions of this Charter.
III. COMMITTEE FOR THE IN
VESTIGATION AND PROSE
CUTTON OF MAJOR WAR
CRIMINALS.
u Article IA. Each signatory shall
appoint a chief prosecutor for the
investigation of the charges against
and the prosecution Of major wal
criminals.
4 The chief prosecutors shall act a.
a committee for the following pur.
poses:
i (a) To agree upon plan Of the
individual work of each of the CHIEF
prosecutors and his staff.
(b) To settle the final designation!
of major war criminals to be tried
by the tribunal.
(c) To approve the indictment
and the documents to be submitted
Herewith.
I'd To lodge the indictment and
the accompanying documents with
the tribunal.
(e) To draw up and recommend
to the tribunal for its approval draft
rules of procedure, contemplated by
article Is of this Charter.
The tribunal shall have power to
accept, with or without amendments
or to reject, the rules so recon-
mended.
BY Majority Vote.
The committee shall act in all the
above matters by majority vote
and shall appoint chairman as
may be convenient and in accord
ance with the principle of rotation;
provided that if there Is an equal
division of vote concerning the
designation of a defendant to be
tried by the tribunal, or the crimes
with which he shall be charged
that proposal will be adopted which
was made by the party which pro-
posed that the particular defendant
be tried, or the particular charges be
preferred against him.
Article Is. The chief prosecutors
shall individually, and acting in
collaboration with one another, also
undertake the following duties:
(a) Investigation, collection and
production before or at the trial OF
all necessary evidence.
CD The preparation Of the In
dictment for approval by the COM
mittee in accordance with para
graph (c) Of Article IA hereof.
Co The preliminary examination
of all necessary witnesses and OF
the defendants.
I'd To act as prosecutor at the
trial.
(e) To appoint representatives to
carry out such duties as may be
assigned to them.
(f) To undertake such other mat
tiers as may appear necessary to
them for the purposes Of the prep
aration for and conduct of the trial.
1t is understood that no witness
or defendant detained by any sig
natory shall be taken out Of the
possession Of that signatory without
its assent.
Nv. FAIR TRIAL FOR DEFEND
ANTS.
Article Is. In order to insure fair
trial for the defendants, the fol-
lowing procedure shall be followed: ::
(a) The indictment shall include
full particulars specifying in detail
the charges against the defend
ants. A copy of the indictment and
Of all the documents lodged with
the indictment, translated into a
language which he understands,
shall be furnished to the defend
ant at a reasonable time before the
trial.
(b) During any preliminary ex-
animation or trial Of a defendant
he shall have the right to give any
explanation relevant to the charges
made against him.
(c) A preliminary examination of
defendant and his trial shall be
conducted in, or translated into, a
language which the defendant un-
derstands. :,
Cd A defendant shall have the
right to conduct his own defense
before the tribunal or to have the
assistance Of counsel.
(e) A defendant shall have the
right through himself or through
his counsel to present evidence at
the trial in support Of his defense,
and to cross-examine any witness
called by the prosecution.
v. POWERS OF THE TRIBUNAL
AND CONDUCT OF THE TRIAL:
Article II. The tribunal shall
have the power:
(a) To summon witnesses to the
trial and to require their attendance
and testimony and to put questions
to them.
(b) To interrogate any defendant.
Co To require the production of
documents and other evidentiary
material.
I'D To administer oaths to wit
nesses.
(e) To appoint officers for the
carrying out of any task designated
by the tribunal including the power
to have evidence taken or commits
sion.
Article 18. The tribunal shall:
(a) Confine the trial strictly to an
expeditions hearing Of the issues
raised by the charges.
CD Take strict measures to pre-
vent any action which will cause
unreasonable delay, and rule out
irrelevant issues and statements OF
any kind whatsoever.
(c) Deal summarily with any con-
tumacy, imposing appropriate pun.
ishment, including exclusion of any
defendant or his counsel from some
or all further proceedings, but with
out prejudice to the determination
of the charges.
Nom Technical Procedure.
Article 10. The tribunal shall not
be bound by technical rules Of evil
dence. It shall adopt and apply to
the greatest possible extent expedi-
tious and nontechnical procedure
and shall admit any evidence which
| it deems to have probative value.
II &~fA