THE PRESIDENT: And of course it is very difficult, if not impossible, for members of the Prosecution to make their objections to documents when they are offered in bulk in that way. Therefore, I think the most convenient course would probably be if, as soon as the translation of those documents has been made, the Prosecution could indicate any objections they have to them and the Tribunal would consider them. And after the order of the Tribunal has been made upon them, they should then be made available to the press.
SIR DAVID MAXWELL-FYFE: My Lord, I respectfully and entirely agree. My Lord, the Prosecutors did confer. Of course the only material that they, had to confer upon was the short description of the document in Document Book Number 1, and on that it appeared to all of us that there were a number of documents which might be and probably were objectionable. But, clearly, from our point of view it would be much more satisfactory if we had the opportunity of seeing the actual document in translation, and then we should gladly comply with what Your Lordship has suggested, namely, that we will make the objections in writing to such of those as we think are objectionable and let the Tribunal have them.
THE PRESIDENT: Sir David, a good many of them, I believe, are in English, and you could let us have your objections as soon as possible. Perhaps the press would act in accordance with our wishes and not make public those documents to which objection is taken until we have ruled upon them.
SIR DAVID MAXWELL-FYFE: If Your Lordship pleases, yes. We will make our objections as soon as we have had the opportunity of reading the documents.
DR. HORN: May I, Mr. President, state that none of my material has been handed to the press by me up to now. I may further state that by an order of the Tribunal only that part was to be translated which was considered relevant by the Prosecution. On the basis of this ruling I cannot rightly comprehend the one point of Colonel Pokrovsky’s objection regarding the intrinsic value of the documents. I do not believe that the Prosecution, on the strength of that ruling, would translate anything which, as Colonel Pokrovsky emphasized, must be designated as dirty in its contents. I think that would have been rejected already before now by the Prosecution and therefore the danger does not exist at all that any such translation or original will reach the press.