dead and that the Tribunal should not avail itself of
Article 12 of the Charter, which gives it the right to take
proceedings in absentia. But the evidence of death is not
conclusive, and the Tribunal, as previously stated, is determined to
try him in absentia. If Bormann is not dead and is later
apprehended, the Control Council for Germany may, under Article 29 of
the Charter, consider any facts in mitigation, and alter or reduce
his sentence, if deemed proper.
The Tribunal finds that Bormann is not guilty on
Count One, but is guilty on Counts Three and Four.