(_a_) shall have the right to cause persons within such Zone suspected
of having committed a crime, including those charged with crime by one
of the United Nations, to be arrested and shall take under control the
property, real and personal, owned or controlled by the said persons,
pending decisions as to its eventual disposition.
(_b_) shall report to the Legal Directorate the names of all suspected
criminals, the reasons for and the places of their detention, if they
are detained, and the names and location of witnesses.
(_c_) shall take appropriate measures to see that witnesses and evidence
will be available when required.
(_d_) shall have the right to cause all persons so arrested and charged,
and not delivered to another authority as herein provided, or released,
to be brought to trial before an appropriate tribunal. Such tribunal
may, in the case of crimes committed by persons of German citizenship or
nationality against other persons of German citizenship or nationality,
or stateless persons, be a German Court, if authorized by the occupying
authorities.
2. The tribunal by which persons charged with offenses hereunder shall
be tried and the rules and procedure thereof shall be determined or
designated by each Zone Commander for his respective Zone. Nothing
herein is intended to, or shall impair or limit the jurisdiction or
power of any court or tribunal now or hereafter established in any Zone
by the Commander thereof, or of the International Military Tribunal
established by the London Agreement of 8 August 1945.
3. Persons wanted for trial by an International Military Tribunal will
not be tried without the consent of the Committee of Chief Prosecutors.
Each Zone Commander will deliver such persons who are within his Zone to
that committee upon request and will make witnesses and evidence
available to it.
4. Persons known to be wanted for trial in another Zone or outside
Germany will not be tried prior to decision under Article IV unless the
fact of their apprehension has been reported in accordance with Section
1 (_b_) of this Article, three months have elapsed thereafter, and no
request for delivery of the type contemplated by Article IV has been
received by the Zone Commander concerned.
5. The execution of death sentences may be deferred by not to exceed one
month after the sentence has become final when the Zone Commander
concerned has reason to believe that the testimony of those under
sentence would be of value in the investigation and trial of crimes
within or without his Zone.
6. Each Zone Commander will cause such effect to be given to the
judgments of courts of competent jurisdiction, with respect to the
property taken under his control pursuant hereto, as he may deem proper
in the interest of justice.