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TO THE INTERNATIONAL MILITARY TRIBUNAL:

MATTER OF RUDOLF HESS

The undersigned representatives of their respective nations answer the request of the Tribunal of 28 November, 1945 respectfully as follows:

1. We do not challenge or question the report of the Committee.

2. It is our position that the defendant Rudolf Hess is fit to stand trial.

3. Observations may be filed by any of the undersigned based on their respective relationships to the subject matter.

[signed] R. RUDENKO

For the Union of Soviet Socialist Republics

[signed] C. DUBOST

For the Provisional Government of France

[signed] DAVID MAXWELL-FYFE

For the United Kingdom of Great Britain and Northern Ireland

[signed] ROBERT H. JACKSON

For the United States of America

29 November 1945

(1) Answer by the United States Chief of Counsel

TO THE INTERNATIONAL MILITARY TRIBUNAL:

The United States respectfully files the following observations on the application of RUDOLF HESS:

Hess’ condition was known to the undersigned representative of the United States immediately after his delivery to the Nurnberg prison and was the subject of a report by Major Douglas McG. Kelley of the Medical Corps of the United States Army, which report is attached hereto.

The report of Major Kelley and his recommendation for treatment were submitted to me and on October 20, 1945, I advised that “any treatment of this case involving the use of drugs which might cause injury to the subject is disapproved.” This was not because I disapproved of the treatment. I approve of the treatment and would insist on its being employed if the victim were a member of my own family. But I was of the opinion that the private administration of any kind of drug to Hess would be dangerous because if he should thereafter die, even of natural causes, it would become the subject of public controversy. This completely agreed with the opinion of the Security Officer, Colonel BC Andrus, whose report is attached.

In view of the statements contained in the medical report of the Commission and in view of the facts which I have recited, the United States must regard Hess as a victim, at most, of a voluntary amnesia and presenting no case for excuse from trial.

Respectfully submitted

[signed] Robert H. Jackson

Chief of Counsel for the United States.

29 November 1945.

[Enclosure]

HEADQUARTERS

INTERNAL SECURITY DETACHMENT

OFFICE US CHIEF OF COUNSEL

APO 403, US ARMY

16 October 1945

SUBJECT: Psychiatric Status of Internee.

TO: Commanding Officer, Internal Security Detachment.

1. Internee Rudolf HESS has been carefully studied since his admission to Nurnberg Prison.

2. On entry HESS manifested a spotty amnesia. The British psychiatrist accompanying him stated that from 4 October 43 to 4 February 45 HESS presented symptoms of total amnesia. From 4 February 45 to 12 July 45 he recovered, and is said to have made a statement that his previous amnesia was simulated. On 12 July 45 he again developed amnesia which has lasted to the present. Also while in England HESS claimed he was being poisoned and sealed up numerous samples of food, chocolate, medicine, etc. as “evidence” to be analyzed prior to his trials. Such behavior could be either simulated or a true paranoid reaction.

3. Present examination reveals a normal mental status with the exception of the amnesia. Attitude and general behavior are normal, mood and affect, while slightly depressed, are intact and normal. Sensorium is intact and insight is good. Content reveals vague paranoid trends, but there is no evidence of any actual psychosis. His reactions to his suspicions are not fixed—and delusioned trends—are distinctly spotty and disconnected. His reactions are those of an individual who has given up a simulated behavior pattern rather than those of the psychotic. Oddly enough his memory for this phase of behavior is excellent.

4. Special examinations with Rorschach cards indicate some neurotic patterns. They point to a highly schizoid personality with hysterical and obsessive components. Such findings are confirmed in the patient’s present reactions. He complains bitterly of “stomach cramps” which are obviously neurotic manifestations. He is over-dramatic in his actions presenting typical hysterical gestures, complaints and symptoms. His amnesia is at present limited to personal events concerning his history after joining the party. The amnesia however shifts in a highly suspicious fashion. Such amnesias may be hysterical in nature but in such cases do not change in depth from day to day and facts recently learned are not lost as with Hess.

5. In HESS’ case there is also the factor of his long amnesia in England. It is quite possible that he has suggested an amnesia to himself for so long that he partially believes in it. In a person of hysterical make-up such auto suggestion could readily produce an amnesic state. Also the “gain” or protection found in amnesia, fancied or real, would be a bar to its easy clearance. Finally a large conscious element may well be present.

6. In this case I believe all those factors are present. Treatment will have to be formulated along lines attacking the suggestive factors and overcoming conscious restraints. Hypnosis would be a value but probably chemical hypnosis will be required. Such narco-hypnosis and analysis require the use of intra venous drugs of the barbitol series, either sodium amytol or sodium pentothal. Such treatment is in general innocuous if proper precautions are taken. It must be borne in mind, however, that occasional accidents happen in any intravenous technique. With the drugs mentioned above rare fatalities have been reported although in more than 1000 such cases personally treated, I have never seen one.

7. Essentially the present situation is as follows:

a. Internee HESS is sane and responsible.

b. Internee HESS is a profound neurotic of the hysterical type.

c. His amnesia is of mixed etiology, stemming from auto suggestions and conscious malingering in a hysterical personality.

d. Treatment will be required if it is felt desirable to remove this amnesia.

e. Such treatment, though it cannot eliminate the conscious element is of great value in estimating its importance. With such techniques accurate estimates of malingering can be made. If this is a true amnesia, total recovery can be predicted.

f. Such treatment is essentially harmless except in extremely rare instances. In ordinary practice the value of the treatment far outweighs any of its hazards.

8. Clarification as to the desired degree of treatment in this case is requested.

[signed] DOUGLAS McG. KELLEY

Major, MC

1st Ind

HEADQUARTERS, INTERNAL SECURITY DETACHMENT, OFFICE US CHIEF OF COUNSEL—APO 403, U. S. ARMY—17 OCTOBER 1945

TO: Mr. Justice Jackson’s Office US Chief of Counsel

APO 403, U. S. Army

(Attention: Colonel Gill)

HESS believes or has pretended that the British attempted to poison him. Treatment with drugs might call forth the same suspicion or allegation against us by him. Undue alarm might be injurious to the patient.

/s/ BC Andrus

/t/ BC ANDRUS

Colonel Cav

Commandant

2nd Ind

OFFICE US CHIEF OF COUNSEL, EXECUTIVE OFFICE, APO, 403, U. S. ARMY

20 October 1945

TO: Headquarters, Internal Security Detachment.

Office US Chief of Counsel

Any treatment of this case involving the use of drugs which might cause injury to the subject is disapproved.

ROBT. J. GILL

Colonel, CMP

Executive