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(e) to appoint representatives to carry out such duties as may
be assigned to them, (f) to undertake such other matters as may appear necessary
to them for the purposes of the preparation for and con
duct of the Trial. It is understood that no witness or Defendant detained by any Signatory shall be taken out of the possession of that Signatory without its assent.
IV. FAIR TRIAL FOR DEFENDANTS
Article 16. In order to ensure fair trial for the Defendants, the following procedure shall be followed: (a) The Indictment shall include full particulars specifying in
detail the charges against the Defendants. 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 Defendant at a reasonable time
before the Trial. (6) During any preliminary examination or trial of a Defend
ant he shall have the right to give any explanation relevant
to the charges made against him. (c) A preliminary examination of a Defendant and his Trial
shall be conducted in or translated into, a language which
the Defendant understands. (d) 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 17. The Tribunal shall have the power (a) to summon witnesses to the Trial and to require their at
tendance and testimony and to put questions to them, (b) to interrogate any Defendant, (c) to require the production of documents and other evidenti
ary material, (d) to administer oaths to witnesses, (e) to appoint officers for the carrying out of any task desig
nated by the Tribunal including the power to have evidence taken on commission.
Article 18. The Tribunal shall (a) confine the Trial strictly to an expeditious hearing of the
issues raised by the charges, (6) take strict measures to prevent any action which will cause
unreasonable delay, and rule out irrelevant issues and state
ments of any kind whatsoever, (c) deal summarily with any contumacy, imposing appropriate
punishment, including exclusion of any Defendant or his Counsel from some or all further proceedings, but without prejudice to the determination of the charges.
Article 19. The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and shall admit any evidence which it deems to have probative value.
Article 20. The Tribunal may require to be informed of the nature of any evidence before it is offered so that it may rule upon the relevance thereof.
Article 21. The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United Nations, including the acts and documents of the committees set up in the various allied countries for the investigation of war crimes, and the records and findings of military or other Tribunals of any of the United Nations.
Article 22. The permanent seat of the Tribunal shall be in Berlin. The first meetings of the members of the Tribunal and of the Chief Prosecutors shall be held at Berlin in a place to be designated by the Control Council for Germany. The first trial shall be held at Nurnberg, and any subsequent trials shall be held at such places as the Tribunal may decide.
Article 23. One or more of the Chief Prosecutors may take part in the prosecution at each Trial. The function of any Chief Prosecutor may be discharged by him personally, or by any person or persons authorized by him.
The function of Counsel for a Defendant may be discharged at the Defendant's request by any Counsel professionally qualified to conduct cases before the Courts of his own country, or by any other person who may be specially authorized thereto by the Tribunal.
Article 24. The proceedings at the Trial shall take the following
(a) The Indictment shall be read in court.
"guilty” or “not guilty”.
what evidence (if any) they wish to submit to the Tribunal,
after that the witnesses for the Defense. Thereafter such
to any Defendant, at any time. (g) The Prosecution and the Defense shall interrogate and may
cross-examine any witnesses and any Defendant who gives
testimony. (h) The Defense shall address the court. (i) The Prosecution shall address the court. (j) Each Defendant may make a statement to the Tribunal. (k) The Tribunal shall deliver judgment and pronounce sen
Article 25. All official documents shall be produced, and all court proceedings conducted, in English, French, and Russian, and in the language of the Defendant. So much of the record and of the proceedings may also be translated into the language of any country in which the Tribunal is sitting, as the Tribunal considers desirable in the interests of justice and public opinion.
VI. JUDGMENT AND SENTENCE
Article 26. The judgment of the Tribunal as to the guilt or the innocence of any Defendant shall give the reasons on which it is based, and shall be final and not subject to review.
Article 27. The Tribunal shall have the right to impose upon a Defendant on conviction, death or such other punishment as shall be determined by it to be just.
Article 28. In addition to any punishment imposed by it, the
any stolen property and order its delivery to the Control Council for Germany.
Article 29. In case of guilt, sentences shall be carried out in accordance with the orders of the Control Council for Germany, which may at any time reduce or otherwise alter the sentences, but may not increase the severity thereof. If the Control Council for Germany, after any Defendant has been convicted and sentenced, discovers fresh evidence which, in its opinion, would found a fresh charge against him, the Council shall report accordingly to the Committee established under Article 14 hereof, for such action as they may consider proper, having regard to the interests of justice.
Article 30. The expenses of the Tribunal and of the Trials, shall be charged by the Signatories against the funds allotted for maintenance of the Control Council for Germany.
Whereas an Agreement and Charter regarding the Prosecution of War Criminals was signed in London on the 8th August 1945, in the English, French and Russian languages.
And whereas a discrepancy has been found to exist between the originals of Article 6, paragraph (c), of the Charter in the Russian language, on the one hand, and the originals in the English and French languages, on the other, to wit, the semi-colon in Article 6, paragraph (c), of the Charter between the words "war" and "or", as carried in the English and French texts, is a comma in the Russian text.
And whereas it is desired to rectify this discrepancy:
NOW, THEREFORE, the undersigned, signatories of the said Agreement on behalf of their respective Governments, duly authorized thereto, have agreed that Article 6, paragraph (c), of the Charter in the Russian text is correct, and that the meaning and intention of the Agreement and Charter require that the said semicolon in the English text should be changed to a comma, and that the French text should be amended to read as follows: (c) LES CRIMES CONTRE L'HUMANITE: c'est a
dire l'assassinat, l'extermination, la reduction en es-
commis contre toutes populations civiles, avant ou
IN WITNESS WHEREOF the Undersigned have signed the present Protocol.
DONE in quadruplicate in Berlin this 6th day of October, 1945, each in English, French, and Russian, and each text to have equal authenticity.
For the Government of the United States of America
/s/ ROBERT H. JACKSON For the Provisional Government of the French Republic
/s/ FRANCOIS de MENTHON For the Government of the United Kingdom of Great Britain and Northern Ireland
/s/ HARTLEY SHAWCROSS For the Government of the Union of Soviet Socialist Republics
/s/ R. RUDENKO