(a) The Defense may apply to the Tribunal for the production of
witnesses or of documents by written application to the General
Secretary of the Tribunal. The application shall state where the witness
or document is thought to be located, together with a statement of their
last known location. It shall also state the facts proposed to be proved
by the witness or the document and the reasons why such facts are
relevant to the Defense.
(b) If the witness or the document is not within the area controlled by
the occupation authorities, the Tribunal may request the Signatory and
adhering Governments to arrange for the production, if possible, of any
such witnesses and any such documents as the Tribunal may deem necessary
to proper presentation of the Defense.
(c) If the witness or the document is within the area controlled by the
occupation authorities, the General Secretary shall, if the Tribunal is
not in session, communicate the application to the Chief Prosecutors
and, if they make no objection, the General Secretary shall issue a
summons for the attendance of such witness or the production of such
documents, informing the Tribunal of the action taken. If any Chief
Prosecutor objects to the issuance of a summons, or if the Tribunal is
in session, the General Secretary shall submit the application to the
Tribunal, which shall decide whether or not the summons shall issue.
(d) A summons shall be served in such manner as may be provided by the
appropriate occupation authority to ensure its enforcement and the
General Secretary shall inform the Tribunal of the steps taken.
(e) Upon application to the General Secretary of the Tribunal, a
defendant shall be furnished with a copy, translated into a language
which he understands, of all documents referred to in the Indictment so
far as they may be made available by the Chief Prosecutors and shall be
allowed to inspect copies of any such documents as are not so available.