Following his discovery by Rayski, Kutschera was tried "in absentia" by a secret Special Court of the Polish Underground State. He was charged with crimes against the Polish nation, in particular, the routine mass murder of Polish civilians in Warsaw. Kutschera was convicted and sentenced to death. In London the leadership of the Polish government-in-exile concurred with the decision of the Special Court and approved Kutschera's death sentence. The execution order was soon drafted and relayed to the commander of Kedyw, Brigadier General Emil August Fieldorf (Nil), whose organization had been given the tasks of planning and performing the assassination.