17 August 1946

SUBJECT : Competence of Defendant Rudolf Hess

TO : General Secretary, International Military Tribunal.

1. In compliance with the Tribunal’s request, the following facts and

studied opinions are submitted with respect to the competence of Rudolf

Hess, based on my continual tests and observations from October 1945 to

the present time, in the capacity of prison psychologist:

2. _Amnesia at beginning of trial._ There can be no doubt that Hess was

in a state of virtually complete amnesia at the beginning of the trial.

The opinions of the psychiatric commissions in this regard and with

respect to his sanity have only been substantiated by prolonged

subsequent observation.

3. _Recovery._ On the day of the special hearing in his case, 30

November 1945, Rudolf Hess did, in fact, recover his memory. The cause

of his sudden recovery is an academic question, but the following event

probably played a part: Just before the hearing I told Hess (as a

challenge) that he might be considered incompetent at that time and

excluded from the proceedings, but I would sometimes see him in his

cell. Hess seemed startled and said he thought he was competent. Then he

gave his declaration of malingering in court, apparently as a

face-saving device. In later conversations he admitted to me that he had

not been malingering, and that he knew he had lost his memory twice in

England. During the months of December 1945, and January 1946, his

memory was quite in order.

4. _Relapse._ At the end of January I began to notice the beginnings of

memory failure. This increased progressively during February, until he

returned to a state of virtually complete amnesia again about the

beginning of March, and he has remained in that state ever since. (At

the beginning of relapse, Hess expressed anxiety over it, saying that no

one would believe him this time after he had said he had faked his

amnesia the first time.) The amnesia is progressive, each day’s events

being quickly forgotten. At present his memory span is about one-half

day, and his apprehension span has dropped from 7 to 4 digits repeated

correctly immediately after hearing.

5. _Competence and sanity._ I have read the application of Dr. Seidl

both in German and in English, and wish to make the following comment:

_a._ Lay discussion of psychiatric concepts does not help throw any

light on this case, because psychiatrists themselves are not in

agreement on the definition of terms like “psychopathic constitution”,

“hysterical reaction”, etc., and these terms have entirely different

meanings in English and German usage.

_b._ The psychiatric commissions have agreed, and my further

observations have confirmed, that Hess is _not_ insane (in the legal

sense of being incapable of distinguishing right from wrong or realizing

the consequences of his acts).

_c._ Hess did recover his memory for a sufficient period of time (2-3

months) to give his counsel ample cooperation in the preparation of his

defense. If he failed to do so, it was the result of a negativistic

personality peculiarity, which I have also observed, and not

incompetence.

_d._ There has been no indication in his case history or present

behavior that he was insane at the time of the activities for which he

has been indicted. His behavior throughout the trial has also shown

sufficient insight and reason to dispel any doubts about his sanity. (He

may have gone through a psychotic episode in England, but that in no way

destroys the validity of the previous two statements. He has exhibited

signs of a “persecution complex” here too, but these have not been of

psychotic proportions.)

_e._ In my opinion, another examination by a psychiatric commission at

this time would not throw any further light on the case, because the

clinical picture is the same and the conclusions would necessarily be

the same as those of the original psychiatric commissions, to wit: Hess

is not insane but suffering from hysterical amnesia. I have discussed

this case with the present prison psychiatrist, Lt. Col. Dunn, who has

recently examined Hess, and he is also of the opinion that Hess’s

present mental state is apparently the same as that indicated in the

original psychiatric reports, which he has read.

/s/ G. M. GILBERT, Ph.D.

Prison Psychologist

-----

[18] This report was referred to Counsel for Defendant Hess by order of

the Tribunal, 20 August 1946, in reference to the motion of 2 August

1946 on behalf of the defendant. This motion, which reviewed at length

the previous examinations and psychiatric history of Defendant Hess, was

a request “to subject the Defendant Hess once more . . . to an

examination by psychiatric experts with regard to his ability to stand

trial and his soundness of mind.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 181 / 199 题