The complete trial brief of the United States on Krupp von Bohlen, with copies of the documents on which his culpability is asserted, will be made available to the Tribunal if it is desired as evidence concerning him and Alfried Krupp and the Krupp concerns.
[signed] Robert H. Jackson ROBERT H. JACKSON, Chief of Counsel for the United States of America. 12 November 1945. C. _RULING OF THE TRIBUNAL ON 15 NOVEMBER 1945_
IN THE MATTER OF THE APPLICATION OF COUNSEL FOR KRUPP VON BOHLEN FOR POSTPONEMENT OF THE PROCEEDINGS AGAINST THIS DEFENDANT
Council for Gustav Krupp von Bohlen has applied to the Tribunal for postponement of the proceedings against this defendant on the ground that his physical and mental condition are such that he is incapable of understanding the proceedings against him and of presenting any defence that he may have.
On November 5, the Tribunal appointed a medical commission composed of the following physicians: R. E. Tunbridge, Brigadier, O.B.E., M.D., M.Sc., F.R.C.P., Consulting Physician, British Army of the Rhine; Rene Piedelievre, M.D., professor a la Faculte de Medicine de Paris; Expert pres les Tribuneaux; Nicolas Kurshakov, M.D., Professor of Medicine, Medical Institute of Moscow; Chief Internist, Commissariat of Public Health, U.S.S.R.; Eugene Sepp, M.D., Emeritus Professor of Neurology, Medical Institute of Moscow; Member, Academy of Sciences, U.S.S.R.; Eugene Krasnushkin, M.D.; Professor of Psychiatry, Medical Institute of Moscow; Bertram Schaffner, Major, Medical Corps, Neuropsychiatrist, Army of the United States.
The Commission has reported to the Tribunal that it is unanimously of the opinion that Krupp von Bohlen suffers from senile softening of the brain; that his mental condition is such that he is incapable of understanding court procedure and of understanding or cooperating in interrogations; that his physical state is such that he cannot be moved without endangering his life; and that his condition is unlikely to improve but rather will deteriorate further.
The Tribunal accepts the findings of the medical commission to which exception is taken neither by the Prosecution nor by the Defense.
Article 12 of the Charter authorizes the trial of a defendant _in absentia_ if found by the Tribunal to be “necessary in the interests of justice”. It is contended on behalf of the Chief Prosecutors that in the interests of justice Krupp von Bohlen should be tried _in absentia_, despite his physical and mental condition.