Since Martin Bormann had not been arrested, he was therefore tried in absentia by the International Military Tribunal.
He was charged with counts 1 (concerted plan or conspiracy), 3 (war crimes) and 4 (crimes against humanity).
Bormann’s lawyer pleaded that the former should be considered as dead and that the Tribunal could therefore not have him tried, even in absentia. The Tribunal did not follow this reasoning, ruling that the proof of Bormann’s death had not been established.
On 1 October 1946, the Tribunal therefore handed down its verdict on Martin Bormann. Considering that since he had not been present at the main meetings at which Hitler laid out his plans of aggression, the Tribunal acquitted him on count No 1. On the other hand, he was found guilty of war crimes and crimes against humanity on counts No 3 and 4.
Consequently, Martin Bormann was sentenced to death in absentia.
Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty.