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crash, disclosed no evidence of a brain injury, but, upon arrest and incarceration, he began to give expression to ideas of persecution. He feared that he would be poisoned, or killed and his death represented as a suicide, and that all this would be done by the English under the hypnotic influence of the Jews. Furthermore, these delusions of persecution were maintained up to the news of the catastrophe suffered by the German Army at Stalingrad when the manifestations were replaced by amnesia. According to Doctor Rees, the delusions of persecution and the amnesia were observed not to take place simultaneously. Furthermore, there were two attempts at suicide. A knife wound, inflicted during the second attempt, in the skin near the heart gave evidence of a clearly hysterico-demonstrative character. After this there was again observed a change from amnesia to delusions of persecution, and during this period he wrote that he was simulating his amnesia, and, finally, again entered into a state of amnesia which has been prolonged up to the present.
According to the examination of Rudolf Hess on Nov. 14, 1945, the following was disclosed.
Hess complains of frequent cramping pains in the region of the stomach which appear independent of the taking of food, and headaches in the frontal lobes during mental strain, and, finally, of loss of memory.
In general his condition is marked by a pallor of the skin and a noticeable reduction in food intake.
Regarding the internal organs of Hess, the pulse is 92, and a shakening of the heart tone is noticeable. There has been no change in the condition of the other internal organs.
Concerning the neurological aspect, there are no symptoms of organic impairment of the nervous system.
Psychologically, Hess is in a state of clear consciousness; knows that he is in prison at Nurnberg under indictment as a war criminal; has read, and, according to his own words, is acquainted with the charges against him. He answers questions rapidly and to the point. His speech is coherent, his thoughts formed with precision and correctness and they are accompanied by sufficient emotionally expressive movements. Also, there is no kind of evidence of paralogism. It should also be noted here, that the present psychological examination, which was conducted by Lieut. Gilbert, M.D., bears out the testimony that the intelligence of Hess is normal and in some instances above the average. His movements are natural and not forced.
He has expressed no delirous fancies nor does he give any delirious explanation for the painful sensation in his stomach or
the loss of memory, as was previously attested to by Doctor Rees, namely, when Hess ascribed them to poisoning. At the present time, to the question about the reason for his painful sensations and the loss of memory, Hess answers that this is for the doctors to know. According to his own assertions, he can remember almost nothing of his former life. The gaps in Hess' memory are ascertained only on the basis of the subjective changing of his testimony about his inability to remember this or that person or event given at different times. What he knows at the present time is, in his own words, what he allegedly learned only recently from the information of those around him and the films which have been shown him.
On Nov. 14 Hess refused the injection of narcotics which were offered for the purpose of making an analysis of his psychological condition. On Nov. 15, in answer to Prof. Delay's offer, he definitely and firmly refused narcosis and explained to him that, in general, he would take all measures to cure his amnesia only upon completion of the trial.
All that has been exposed above, we are convinced, permits, of the interpretation that the deviation from the norm in the behavior of Hess takes the following forms:
I. In the psychological personality of Hess there are no changes typical of the progressive schizophrenic disease, and therefore the delusions, from which he suffered periodically while in England, cannot be considered as manifestations of a schizophrenic paranoia, and must be recognized as the expression of a psychogenic paranoic reaction, that is, the psychologically comprehensible reaction of an unstable (psychologically) personality to the situation (the failure of his mission, arrest and incarceration). Such an interpretation of the delirious statements of Hess in England is bespoken by their disappearance, appearance and repeated disappearance depending on external circumstances which affected the mental state of Hess,
II. The loss of memory of Hess is not the result of some kind of mental disease but represents hysterical amnesia, the basis of which is a subconscious inclination toward self-defense as well as a deliberate and conscious tendency toward it. Such behavior often terminates when the hysterical person is faced with an unavoidable necessity of conducting himself correctly. Therefore, the amnesia of Hess may end upon his being brought to trial.
III. Rudolf Hess, prior to his flight to England, did not suffer from any kind of insanity, nor is he now suffering from it. At the present time he exhibits hysterical behavior with signs of a
conscious-intentional (simulated) character, which does not exonerate him from his responsibility under the indictment.
(signed) Professor Krasnushkin,
Doctor of Medicine
(signed) Professor Sepp, Honorary Scientist, Regular Member of the
Academy of Medicine (signed) Professor Kurshakov, Doctor of Medicine, Chief Theraputist of the
Commissariat of Health of the U.S.S.R. 17 November 1945
B. MOTION BY DEFENSE COUNSEL FOR POSTPONE
MENT OF PROCEEDINGS AGAINST HESS
Attorney-at-law von Rohrscheidt
Nurnberg, 29 November 1945
To the General Secretary of the International Military Tribunal,
I. Reply to the request of the Tribunal of 28 November 1945.
I I, as Counsel for the Defendant Hess, answer the request of the Tribunal of 28 November 1945 as follows:
1. No formal objection is being raised by Defense against presentation and use of the expert opinions obtained by the Tribunal.
2. The Defense does not think the defendant Hess to be "verhandlungsfaehig" (in a state of health to be tried).
3. Material objections are being raised by the Defense, inasmuch as the expert opinion denies the competence of the defendant as a consequence of a mental disorder.
II For the proceedings, I, as Counsel for the Defendant Hess, wish to make the following statement:
1. I move:
a. That a decision be made to adjourn the proceedings against the defendant temporarily.
b. That in case incapacity to be tried is asserted, proceedings in absentia against the defendant should not be carried on.
c. That in case my motion ad a is rejected, a super expert opinion be obtained from additional eminent psychiatrists.
2. I argue these motions as follows: ad 1-a: The adjournment of the proceedings is necessary be
cause of the unfitness of the defendant to follow them. In this respect the medical) opinions state unanimously upon the questions asked by the Tribunal, that "the ability of the Defendant Hess is impaired to the extent that he cannot defend himself, nor oppose a witness, nor understand the details of evidence.” Even if the amnesia does not keep him from understanding what happens about him or to understand the course of the trial, this amnesia nevertheless has a disturbing effect on his defense.
The impairment of the defendant in his defense, through his amnesia, recognized by all opinions as a mental defect, has to be acknowledged as such, in view of the statements in the opinions of the Soviet, English and American Delegations of 14 November 1945, which designate the mental condition as one of a mixed kind, but more as one of a sort of mental abnormality. This will not make a pertinent defense possible for him (Hess).
In this respect, it does not have to be considered that the defendant is not mentally ill “in the literal meaning of the word" and that he can follow the proceedings. The question whether the defendant is at present incapable, as a result of the diminution of his “mental powers,” to understand all occurrences and to defend himself properly, has nothing to do with his mental derangement when committing the crime.
In the opinion of counsel, the defendant is in no case in a position to make himself understood or to understand argument, because he is impaired in his mental clarity through the loss of his memory and because he has completely lost the knowledge of previous events and of people of former acquaintance.
Since the expert establishment of his mental disorder which impairs the defendant in the full execution of his defense, makes proceedings against him inadmissible, the statement of the defendant that he thinks himself capable of being tried has no significance.
According to expert opinion, the impairment of the defendant cannot be removed within a measurable space of time. It is not sure whether treatment through Narco-Analysis, as proposed by * the medical experts, will have the desired result. The defendant has refused to submit to this treatment only because he thinks of himself as capable of being tried and consequently not in need of such treatment. Furthermore, because he is opposed to any forcible influence upon the body, and finally, he is afraid of physical disturbances which would prevent him from participating
in the trial if such method of treatment is used at this time. The proceedings would have to be dropped in case of an illness of long duration which excludes his fitness to be tried. ad 1-6: According to Article 12 of the Statutes, the Tribunal has
the right to proceed against a defendant in absentia if he, the defendant, cannot be located or if the Tribunal thinks it necessary, for other reasons, in the interests of justice. If the Tribunal, on the basis of convincing expert opinions, establishes that the defendant is not in a position to put up a pertinent defense and consequently decides not to proceed against him, proceedings in absentia, according to Article 12, could then only be carried on if this is in the interest of justice. It would not be compatible with objective justice, in case that actual proof of this fact is available, if the defendant is impeded by an impairment based upon health reasons, in personally standing up for his rights and in being present at the trial.
In proceedings which accuse the defendant of such serious crimes and possibly carry the death penalty, it would not be compatible with objective justice if he were personally denied the opportunity to look after his rights as stated in Article 16 of the Statutes. These rights provide for his self-defense. The possibility to “personally present evidence for one's defense and to cross-examine each witness of the prosecution” is of such importance that any exclusion of such rights has to be considered an injustice toward the defendant. Proceedings in absentia can, under no circumstances, be accepted as a "fair trial.”
The same is true for the exclusion of the defendant from the rights which are granted him during the proceedings according to Article 24.
If the defendant is impaired in his ability to defend himself for the reasons of the expert opinions, and to the extent explained therein, then he is just as little in a position to give his Counsel the necessary information and to enable him to take care of the defense in his absence.
Since the Statutes establish the rights for the defense in this precise manner, it does not seem fair to withhold these from'a defendant in a case when he is prevented from personally taking care of his defense during the proceedings. The rules in Article 12, regarding the proceedings against an absent defendant, have to be considered as an exception which should only be used against a defendant who tries to dodge in spite of his being in a position to be tried. The Defendant Hess has always been prepared to be tried in order to avoid proceedings in absentia, which he considers an injustice of the highest measure.