dtufail/nuremberg-trials-corpus huggingface dataset:
Bureau, Soviet Military Administration in Germany / s / I. TUGARINOV 17 November 1945 Exhibit V A. Dissemination in the British Zone PR/ISC Group, Advance Headquarters, Control Commission for Germany (British Element), BERLIN, B.A.O.R. The General Secretary, International Military Tribunal. I certify that the notice concerning the trial by the International Military Tribunal of the issue of the criminal character of certain organizations has been published in the German language in the British Zone of occupation in the following newspapers, at least once a week for four weeks: Circulation for week ending 27 Oct 45. Neue Westfalische Zeitung 1,000,000 Neue Reinische Zeitung 520,000 Kolnischer Kurier 370,000 Ruhr Zeitung 500,000 Aachener Nachrichten 110,000 Neue Hamburger Presse 402,500 Lubecker Post 56,000 Kieler Kurier 210,000 Hamburger Nachrichtenblatt 108,100 Lubecker Nachrichtenblatt 47,600 Kieler Nachrichtenblatt 17,500 Flensburger Nachrichtenblatt 12,500 Neuer Hannoverscher Kurier 433,000 Nordwest Nachrichten 301,000 Hannoversches Nachrichtenblatt 22,500 Neues Oldenburger Tageblatt 40,100 Luneburger Post 178,900 Braunschweiger Neue Presse 150,500 Der Berliner 300,000 It has also been broadcast over the transmitters at Hamburg and Cologne (Langenberg). I certify that it has thereby received the widest possible dissemination throughout the British Zone. / s / W. H. A. BISHOP Major-General, Chief, PR/ISC Group, Control Commission for Germany (BE). BERLIN, 15 Nov 45. Exhibit V B. Dissemination in the British Zone PR/ISC Group, Advance Headquarters, Control Commission for Germany (British Element), BERLIN, B.A.O.R. The General Secretary, International Military Tribunal, I certify that the notice to Martin Bormann that he is charged with having committed Crimes against Peace, War Crimes and Crimes against Humanity as set forth in an indictment which has been lodged with this Tribunal has been read in full in the German language once a week for four weeks over the radio in the British Zone, the first reading having been during the week of October 22, 1945, and that it has also been published in four separate issues of "Der Berliner", the newspaper published in the British sector of Berlin. / s / W. H. A. BISHOP Major General, Chief, PR/ISC Group.
week for four weeks over the radio in the British Zone, the first reading having been during the week of October 22, 1945, and that it has also been published in four separate issues of "Der Berliner", the newspaper published in the British sector of Berlin. / s / W. H. A. BISHOP Major General, Chief, PR/ISC Group. Control Commission for Germany (B. E.) BERLIN, 15 Nov 45 / s / R. W. H. HORTIN Previous Document Volume 1 Contents
Nuremberg Trial Proceedings Vol. 1 : Certificates of Service on Individual Defendants
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CERTIFICATES OF SERVICE ON INDIVIDUAL
DEFENDANTS
INTERNATIONAL MILITARY TRIBUNAL
24 October 1945
Certificate to General Secretary
I certify that I have served the following documents: (1)
Indictment
, (2)
Notice
, (3)
Charter
of International Military Tribunal, (4)
Rule 2
(d) of the Rules of the International Military Tribunal, and (5) list of German lawyers, on the following named defendants at the time and place stated, by personally delivering to each of them a copy in the German language of each of the above-named documents:
HESS, Rudolf
19 October 45
Nuremberg
GORING, Hermann
19 October 45
Nuremberg
JODL, Alfred
l9 October 45
Nuremberg
VON RIBBENTROP, Joachim
19 October 45
Nuremberg
KEITEL, Wilhelm
19 October 45
Nuremberg
LEY, Robert
19 October 45
Nuremberg
VON NEURATH, Constantin
19 October 45
Nuremberg
SAUCKEL, Fritz
19 October 45
Nuremberg
VON PAPEN, Franz
19 October 45
Nuremberg
DOENITZ, Karl
19 October 45
Nuremberg
SEYSS-INQUART, Arthur
19 October 45
Nuremberg
FRANK, Hans
19 October 45
Nuremberg
ROSENBERG, Alfred
19 October 45
Nuremberg
FUNK, Walter
19 October 45
Nuremberg
FRICK, Wilhelm
19 October 45
Nuremberg
SPEER, Albert
19 October 45
Nuremberg
VON SCHIRACH, Baldur
19 October 45
Nuremberg
SCHACHT, Hjalmar
19 October 45
Nuremberg
STREICHER, Julius
19 October 45
Nuremberg
KALTENBRUNNER, Ernst
19 October 45
Nuremberg
I further certify that I have apprised each of the above-named defendants of his right to the employment and designation of counsel.
/s/ A. M. S. NEAVE, Major.
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Nuremberg Trial Proceedings Vol. 1 : Certificate of Service on Defendant Gustav Krupp Von Bohlen
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CERTIFICATE OF SERVICE ON DEFENDANT
GUSTAV KRUPP VON BOHLEN
INTERNATIONAL MILITARY TRIBUNAL
23 October 1945
Certificate to General Secretary
I certify that I have served the following documents: (1)
Indictment
, (2)
Notice
, (3)
Charter
of International Military Tribunal, (4)
Rule 2
(d) of the Rules of the International Military Tribunal, and (5) List of German Lawyers, on the following named defendant at the time and place stated, by personally delivering to him a copy in the German language of each of the above-named documents:
HERR GUSTAV KRUPP VON BOHLEN, 19 October 1945, Bluhbach near Werfen, Austria.
I further certify that I have apprised the above-named defendant of his right to the employment and designation of counsel to the extent that this was possible in view of his mental condition.
At the direction of the Tribunal I have made an investigation into the state of Gustav Krupp von Bohlen's health and have obtained medical reports on this subject which are attached hereto. (
Attachments I
,
II
, and
III
).
As a result of the conclusions in these reports and my own observation, I suggest that the General Secretary recommend to the Tribunal that a committee of medical officers, representing each nation, be appointed by the Tribunal to proceed to Bluhbach for the purpose of giving Krupp von Bohlen a thorough examination and reporting their findings to the Tribunal.
/ s / JAMES H. ROWE, JR.
Medical Certificates Attached to
Certificate of Service on Defendant
Gustav Krupp von Bohlen
(Attachment I)
3d Battalion, Medical Section
232d Infantry Regiment
Schloss Bluhbach
Bezirk Bischofshofen, Austria
6 October 1945
MEMORANDUM FOR
: Capt. Norman A. Stoll, JAGD, Office U.S. Chief of Counsel for the Prosecution of Axis Criminality
SUBJECT : Condition of Health of Mr. Gustav Krupp von Bohlen
1. Mr
Gustav Krupp von Bohlen (Attachment I) 3d Battalion, Medical Section 232d Infantry Regiment Schloss Bluhbach Bezirk Bischofshofen, Austria 6 October 1945 MEMORANDUM FOR : Capt. Norman A. Stoll, JAGD, Office U.S. Chief of Counsel for the Prosecution of Axis Criminality SUBJECT : Condition of Health of Mr. Gustav Krupp von Bohlen 1. Mr. Gustav Krupp von Bohlen was examined by me today, and the following findings are noticed.
2. Subject has suffered from progressive arteriosclerosis and senility since 1939. He suffered an attack of cerebral thrombosis in 1942, which resulted in a temporary facial paralysis. About a year ago he lost bladder and sphincter control.
3. At the present time he is bedridden, has to be fed and to be cared for by nurses. He has no insight into his condition or situation whatsoever and is unable to follow or keep up any conversation.
4. I do not believe that subject can be moved without serious detriment to his health or that interrogation would be of any value due to his loss of speech and complete lack of any understanding. His course will be progressively down-hill.
5. In my judgment subject is not mentally competent to stand trial in a court of justice.
/ s / WALTER PICK
Capt., MC. 232d Infantry
(Attachment II)
Bluhbach, 13 September 1945
Otto Gerke, M. D.
Professor
Bad Gastein
Medical Certificate
Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, has been treated by me for many years; he was examined by me today. Since 1930 there has existed an arthrosis of the spine, as well as a hypotony which as far back as 1932 caused fainting fits. Since 1937 a rapidly increasing sclerosis of the vessels was to be noted which occurred in particular in the vessels of the brain.
In 1939 a fleeting paralysis of the eye muscles made its appearance and passing disturbances of speech occurred. In the spring of 1942, the patient suffered an apoplectic stroke on the left side, with facialisparosis and a distinct increase of reflexes on the entire right side
the vessels of the brain. In 1939 a fleeting paralysis of the eye muscles made its appearance and passing disturbances of speech occurred. In the spring of 1942, the patient suffered an apoplectic stroke on the left side, with facialisparosis and a distinct increase of reflexes on the entire right side. The cerebral disturbances of circulation have gradually grown worse despite treatments with medicaments. They manifested themselves first in the form of impaired memory and will power, indecision and general deterioration of intellectual faculties and increased to the point of definite depressions accompanied by apoplectic numbness and involuntary crying. There developed an acute arteriosclerotic dementia.
In an automobile accident in December, 1944, the patient suffered a fracture of the nose bone and the skull basis and had to be treated for eight days in the Schwarzach Hospital at St. Veith. Since that time, his physical condition has also deteriorated, and several apoplectic fits have occurred as a consequence of multiple softenings of the brain with heart symptoms and striary syndrome.
The patient is by now completely apathetic and disorientated. There exists a motoric aphasy. Owing to rigor of the muscles, he can neither walk nor stand up. For approximately the last six months he has not been able to hold urine and stool. He is completely helpless even in the simplest matters. There can be traced an advanced emphysen in the lungs and a distinct myocardic impairment on the basis of a coronary sclerosis of the heart. An enlargement of the prostate gland has existed for years.
The prognosis of the condition is definitely unfavorable, an improvement is not to be expected. Herr Von Bohlen is in no way competent or capable of being interrogated.
/ s/ DR. GERKE
(Attachment III)
HEADQUARTERS
42d DIVISION ARTILLERY
APO 411 US ARMY
20 October 1945
SUBJECT: Physical Examination of GUSTAV KRUPP VON BOHLEN UND HALBACH 

TO : General Secretary, International Military Tribunal, APO 403
1
Bohlen is in no way competent or capable of being interrogated. / s/ DR. GERKE (Attachment III) HEADQUARTERS 42d DIVISION ARTILLERY APO 411 US ARMY 20 October 1945 SUBJECT: Physical Examination of GUSTAV KRUPP VON BOHLEN UND HALBACH TO : General Secretary, International Military Tribunal, APO 403 1. The following history and physical examination of Herr Gustav Krupp von Bohlen und Halbach is submitted in compliance with a request from Mr. James Rowe. The history was obtained from Frau Von Bohlen and from the valet. The information was obtained on the 19th and 20th of October 1945 when the patient was examined at his home at Bluhbach, Austria.
2.
HISTORY OF PRESENT ILLNESS
: Herr Von Bohlen has been developing arteriosclerosis since 1932 according to his physician's reports. It is believed that he first had a very light apoplectic stroke in 1937. This was very transitory in nature and cleared without noticeable aftereffects except for some loss of the acuteness of his thought processes and memory which his family noticed. In the latter part of November 1944 he had a spell of unconsciousness, fell and fractured a finger and was unable to walk alone for about 24 hours. On 15 December 1944, he was in an automobile accident and received a severe blow and laceration of the forehead. He was hospitalized as a result of this accident until the first week of February 1945, at which time he returned home. Following this he was able to walk only with assistance and he was unable to make coherent statements. He continued to have light strokes and since March has been unable to walk even with help, and his ability to speak has gradually decreased until at the present time he is able only to speak an occasional single word. Also since leaving the hospital he has had no control of the bowels or bladder and during the past three months has given no evidence of recognizing various members of his family or close acquaintances.
3
to speak has gradually decreased until at the present time he is able only to speak an occasional single word. Also since leaving the hospital he has had no control of the bowels or bladder and during the past three months has given no evidence of recognizing various members of his family or close acquaintances. 3. PHYSICAL EXAMINATION:
GENERAL
: The patient is an emaciated white male of 76 years of age who is unable to speak or to cooperate in his own examination, and appears to have no realization of what is going on about him.
SKIN
: Scar 2 inches long extending across the forehead and downward between the eyes and across the bridge of the nose.
The skin of the groin is macerated bilaterally as a result of being constantly moistened with urine.
EYES, EARS, NOSE AND THROAT
: No marked abnormalities.
LUNGS
: Hyper-resonant throughout with moderate enlargement of the chest cage suggesting the presence of mild emphysema.
CARDIOVASCULAR SYSTEM
: Apex of heart palpable at a point 1 cm medial to the left mid-clavicular line. No evidence of right heart enlargement could be detected. Pulse 80. Blood pressure 130/75. Pulse full and regular except for an occasional skipped beat. The distal palpable arteries in the wrist and ankles were markedly sclerotic.
MUSCULO-SKELETAL SYSTEM
: Both legs and arms were slowly moved by the patient although all movements of the extremities were associated with moderate spasticity. The patient was unable to stand alone or walk when he was held upright.
NEUROLOGICAL SYSTEM
: Pupillary reaction to light normal. Deep tendon renexes in arms and legs were normal. Normal reaction to planter stimulation.
GENITO-URINARY SYSTEM
: Incontinence of urine was noted at the time of examination. Genitalia appeared normal. A prostatic examination was not made.
GASTRO-INTESTINAL SYSTEM
: Abdominal examination was normal. Incontinence of the bowels was noted at the time of the examination.
4
stimulation. GENITO-URINARY SYSTEM : Incontinence of urine was noted at the time of examination. Genitalia appeared normal. A prostatic examination was not made. GASTRO-INTESTINAL SYSTEM : Abdominal examination was normal. Incontinence of the bowels was noted at the time of the examination. 4. IMPRESSION AND PROGNOSIS:
It is the impression of the undersigned that this man is suffering from far advanced generalized arteriosclerosis which is progressive and that he has already suffered from repeated small apoplectic strokes. It is believed that this condition has already developed to the point where this man has lost all capacity for memory, reasoning or understanding of statements made to him and that transporting or doing anything which might excite him might endanger his life
/ s / PAUL F. CHESNUT
Capt., MC
Surgeon.
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Nuremberg Trial Proceedings Vol. 1 : Acknowledgement of Service
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ACKNOWLEDGMENT OF SERVICE
The following declarations were received in writing from Hans Fritzsche and from Erich Raeder on 18 October 1945:
I, Hans Fritzsche, have received today, on 18 October 1945, at 1950 Berlin time, the
Indictment
of the Chief of Counsel of the International Military Tribunal, a statement regarding my right to defense, a list of German lawyers, the
Rules
of the International Military Tribunal in the German language. Above documents have been handed to me by the Red Army Officer Grishajeff, acting on orders of the International Military Tribunal and who advised me in the German language on the contents of the documents and on my right to defense.
Berlin, 18 October 1945.
/ s / HANS FRITZSCHE
I, Erich Raeder, have received today, on 18 October 1945, at 1850 Berlin time, the
Indictment
of the Chief of Counsel of the International Military Tribunal, a statement regarding my right to defense, a list of German lawyers, the
Rules
of the International Military Tribunal in the German language. Above documents have. been handed to me by the Red Army Officer Grishajeff, acting on orders of the International Military Tribunal and who advised me in the German language on the contents of the documents and on my right to defense
Berlin, 18 October 1945.
/ s / ERICH RAEDER
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Nuremberg Trial Proceedings Vol. 1 : Motion on Behalf of Gustav Krupp Von Bohlen
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MOTION ON BEHALF OF DEFENDANT
GUSTAV KRUPP VON BOHLEN
FOR POSTPONEMENT OF THE TRIAL AS TO HIM
Nuremberg, 4 November 1945
Theodor Klefisch
Lawyer
Cologne, 43, Blumenthalstrasse
To: The International Military Tribunal,
Nuremberg.
As defending counsel to the accused Dr. Gustav Krupp von Bohlen und Halbach I request that the proceedings against this accused be deferred until he is again fit for trial.
At any rate I request that the accused be not tried in his absence.
Reasons
By
Article 12 of the Charter
of the International Military Tribunal this Court has the right to try an accused in his absence if he cannot be found, or if the Court deem this necessary for other reasons in the interest of justice.
The 75-year-old accused Krupp von Bohlen has for a long time been incapable of trial or examination owing to his severe physical and mental infirmities. He is not in a position to be in contact with the outside world nor to make or receive statements. The
Indictment
was served on him on 19 October 1945 by a representative of the International Military Tribunal by placing the document on his bed. The accused had no knowledge of this event. Consequently he is not aware of the existence of an
Indictment
. Naturally therefore he is not capable of communicating either with his defense counsel nor with other persons on the subject of his defense.
To prove the above two medical certificates are enclosed - that of the court medical expert
Doctor Karl Gersdorf of Werfen
, Salzburg of 9 September 1945, and that of the
Professor Doctor Otto Gerke
of Badgastein of 13 September.
Lately Herr Krupp von Bohlen has been examined several times by American military doctors. As far as it is possible I should like to request another complete medical examination
Gersdorf of Werfen , Salzburg of 9 September 1945, and that of the Professor Doctor Otto Gerke of Badgastein of 13 September. Lately Herr Krupp von Bohlen has been examined several times by American military doctors. As far as it is possible I should like to request another complete medical examination. If the accused is unable to appear before the Court, then according to
Article 12
of the Charter he could be tried only if the Court deemed it necessary in the interests of justice.
Whatever may be understood by the phrase "in the interests of justice" it would hardly be objective justice to try a defendant accused of such serious crimes, if he were not informed of the contents of the accusations or if he were not given the chance to conduct his own defense or instruct a defense counsel. Particularly is he in no condition to comprehend the following rights of an accused set out in the
Charter
:
1. By
Article 16, Section (a)
of the Charter a copy of the Indictment in a language which he understands will be served on the accused at a suitably appointed time. The assurance given hereby for a sufficient preparation of the proceedings can not be guaranteed to Defendant Krupp von Bohlen on. account of his state of disease. According to
Section (c)
of the same
Article 16
a preliminary interrogation of the defendant shall take place in a language intelligible to him. That is likewise impossible here. According to
Section (d) of Article 16
the defendant moreover can not exercise his right of decision as to whether he will conduct his own defense or whether he would like to be defended by counsel. Also the right of the defendant as provided in
Section (c)
of producing evidence and of cross examining witnesses himself or by his counsel in his behalf can not be exercised by the defendant in view of his condition.
2
his own defense or whether he would like to be defended by counsel. Also the right of the defendant as provided in Section (c) of producing evidence and of cross examining witnesses himself or by his counsel in his behalf can not be exercised by the defendant in view of his condition. 2. In the same manner as the Defendant Gustav Krupp von Bohlen und Halbach is not able to exercise the confirmed rights stated above in the preliminary proceedings he will also not be able to exercise in the Trial those rights guaranteed to him by
Article 24 of the Charter
. In the first place this concerns the statement which the accused has to render on inquiry as to whether he admits his guilt or not, a statement which is of particular importance for the course of the Trial and for the decision of the Tribunal. This is all the more important as this statement regarding guilt or innocence can be made exclusively by the accused himself according to his own judgment and after examining his conscience. So far as the procedure is admissible at all, the defense counsel could not at the request of the Court express himself on the question of guilt, as such a declaration presupposes the possibility of communication and understanding with the accused.
Also the defendant could not exercise the right to the last word to which he is entitled according to
Article 24, Section (j)
.
The legislators who set up these guarantees for the defense cannot wish to deny them undeservedly to an accused who can not make use of them owing to illness. If by
Article 12
of the Charter the Trial of an absent defendant is allowed, then this exception to the rule can be applied only to a defendant who is unwilling to appear though able to do so
wish to deny them undeservedly to an accused who can not make use of them owing to illness. If by Article 12 of the Charter the Trial of an absent defendant is allowed, then this exception to the rule can be applied only to a defendant who is unwilling to appear though able to do so. As is the case with the criminal procedure rules of nearly all countries, it IS on this principle that the rules and regulations concerning the trial of absent defendants are based.
/ s / KLEFISCH
Lawyer

Medical Certificates Attached to Motion
on Behalf of Defendant
Gustav Krupp von Bohlen
(Attachment I)
Doctor's Certificate
Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, presently residing at Posthaus Bluhbach, Werfen, Salzburg, suffers from progressive arteriosclerotic softening of the brain "Paralysis celebri) and as a consequence of this illness he requires constant care and treatment. He is incapable of standing trial or of being subjected to interrogation. An improvement of his condition is not to be expected. Owing to his bad general physical condition (Myodegeneratio cordis and Ataxis) he is not capable of traveling either.
/ s / KARL GERSDORF, M. D
District Doctor
Werfen, Salzburg
Certified Court Expert
Werfen, 8 September 1945
(Attachment II)
Attachment II is a
medical certificate by Dr. Otto Gerke
, printed on page 120 ante.
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