HC Deb 09 November 1948 vol 457 cc1366-7
15. Mr. Godfrey Nicholson

asked the Secretary of State for War what other terms of reference were embodied in the instructions of the medical officers who visited the German Field-Marshals in January beyond the question of whether trial would adversely affect their health; and what was their reply.

Mr. Shinwell

The Army Medical Board was instructed to submit a general report on the health of the officers and an opinion as to whether it would adversely affect their health to be tried as war criminals. The Board gave a full medical report on the condition of the officers, and stated that, in their opinion, it would adversely affect their health to be tried as war criminals. Later, in April, after the officers had been independently examined by the Home Office medical officers, the Army Medical Board agreed with the Home Office medical officers that three of the accused were fit to stand trial, but that the fourth was not.

18. Mr. Nicholson

asked the Secretary of State for War for what reason the German Field-Marshals were first sent from Bridgend to the American zone of Germany; and why they were thereafter handed over by the Americans for detention in the British zone.

Mr. Shinwell

Two of these officers were sent to Nuremburg at the request of the United States authorities to give evidence on behalf of the defence in the trial of the German General Staff which was then proceeding. On reaching Nuremburg, they were interviewed by defence counsel. In consequence of advice then given to them, they declined to give evidence, as they were entitled to. They were made available to the United States authorities as witnesses on the understanding that, after their evidence was completed, they were to be returned to the British zone, because by that time all the remaining generals who were prisoners of war in the United Kingdom would have returned to Germany.

Mr. Nicholson

Can the right hon. Gentleman say why, when they were in the hands of the Americans, they were not treated as witnesses but as criminals?

Mr. Shinwell

That is a matter for the Americans.

19. Mr. George Ward

asked the Secretary of State for War why his Department's doctors did not accompany the Home Office doctors when they examined the German Field Marshals in April, 1948.

Mr. Shinwell

It was considered that the two examinations should be independent. The Army Medical Board expressed agreement with the findings of the Home Office doctors on the question of fitness to stand trial.