dtufail/nuremberg-trials-corpus huggingface dataset:
THE PRESIDENT: Naturally the entire local service (the SS, Volkssturm, and Hitlerjugend) was set to work to recapture the escaped prisoners, and practically all prisoners, who of course wore their camp clothes and could easily be recognized, were recaptured. These prisoners, about a thousand men, were led back in groups to Marienbad station and there they were killed by the SS guards by a shot in the neck. As both engines of the train had been wrecked during the air attack, the prisoners had to walk all the way from Marienbad to Theresienstadt, Many among them were unable to go so far, and fell down along the road, totally exhausted; without an exception these prisoners were murdered by the guards by a shot in the neck. That evening their bodies were removed by lorry and buried in mass graves in the woods." -- And he says he thinks that he could identify where it was. -- "I am fully prepared to assist in tracing them. When the transport started I heard the SS guards saying that the total number of prisoners amounted to 2,775. Only some 500 of these prisoners reached Theresien-stadt. The others were murdered during the transport. Near Lobositz, about 7 kilometers from Theresienstadt, I myself escaped. The leader of the transport was SS Ober-scharführer Schmidt, one of the hangmen of Buchenwald, who also there behaved in a most scandalous way toward the prisoners, and who was known to be a sadist." Do you still, say that the SS guards betrayed the characteristics of decency? REINECKE: I should like to emphasize that I did not say that the SS guards had the characteristics of SS members. I said that our investigations showed that the actual crimes in the concentration camps were committed by members of the commands and that we found no evidence that the guards had any part in them, and ... MAJOR JONES: Then let me show you-let me show you another document, the Document D-959-it will. be Exhibit GB-571-which is a report to the Ministry of the Interior of the Czechoslovak Republic.
THE PRESIDENT: I want to turn to Page 3 of the report: "Crimes committed by the members of the Allgemeine SS and the Waffen-SS. "The crimes committed by the members of the SS troops against the Czechoslovak and foreign citizens on the territory of the Czechoslovak Republic ... THE PRESIDENT: Mr. Elwyn Jones, isn't it rather late to put in documents of this sort, which are general reports by the govern-ments of Allied countries? The case has been already fully made by the Prosecution and to put in a new document of this sort, which is only a report of an Allied country, seems to the Tribunal to be .an unusual course to take. MAJOR-JONES: With great respect, My Lord, I submit that the Prosecution is entitled to put in documents of this kind in rebuttal of the sort of testimony that this witness is giving. The conception that a witness should solemnly say that SS guards com-mitted no atrocities was one which certainly did not occur even to the Prosecution, and in face of testimony of that kind I submit that the Prosecution is well entitled to put in documents which do mot deal with individual cases, which might possibly be objectionable to the Tribunal, but with the whole mass of testimony. I submit that until the very last moment the Prosecution is entitled to put in such documents, regrettable though it is, perhaps, that they, have not been put in before, but I do submit that the Prosecution is entitled to put them in. If Your Lordship pleases, if I might add a further comment to Your Lordship's inquiry: the Defense have, after all, produced over 100,000 affidavits and I do submit that in these circumstances, in view of that mountain of evidence, it is only right that there should rest upon the record the authority of state-ments submitted on behalf of the Prosecution. THE PRESIDENT: What is your submission, with reference to the construction of Article 21, with reference to this document?
THE PRESIDENT: MAJOR JONES: If Your Lordship pleases, I submit that the terms of Article 21 make it mandatory upon the Tribunal to accept reports of this kind by governments which are submitted by the Prosecution. THE PRESIDENT: Which are the special words to which you refer? MAJOR JONES: The second sentence: "The Tribunal... shall also take judicial notice of official governmental documents and reports of the United Nations, including the acts and documents of the committees set up in the various Allied countries for the investigation of war crimes, and the records and findings of military or other tribunals of any United Nations." Now this document, My Lord, is-it has a certificate from the Czechoslovak Minister of the Interior on the face of it, certifying that it is a, state document within the meaning of Article 21, and it bears the signature of the Minister of the Interior himself, so that I submit that quite clearly within the terms of Article 21 it is properly admissible and that in that respect the Tribunal should accept it. THE PRESIDENT: Was there any committee or commission which drew up this document? MAJOR JONES: It is a report of the Czechoslovak Ministry of the Interior itself; it is a report of the State Department. THE PRESIDENT: Report to whom? MAJOR JONES: Furthermore, My Lord, my learned friend, Mr. Griffith-Jones, draws my attention to Article 19 of the Charter: "The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and shall admit any evidence that it deems to have probative value." I do submit that even if you were to find, and I find it hard to think that you would, that this is not a document within the meaning of Article 21, it is admissible under Article 19. THE PRESIDENT: Yes. Now, do you want to say anything, Dr. Pelckmann? BERR PELCKMANN: I believe, Your Lordship, the decision of the Tribunal on this document should be the same as that on the two documents which we attempted in vain to introduce yesterday.
THE PRESIDENT: Whether this document falls under Article 21, 1 cannot judge;' the Tribunal will decide that. But I refer to the other point of view which Your Lordship has already mentioned. It is very late to submit these documents now. Article 21 can only be interpreted to mean that such documents can be submitted during the presenta-tion of the case by the Prosecution. The Prosecution case is now closed, and documents can only be introduced by submitting them to a witness; but since there may be hundreds, perhaps thousands of these cases, the Defense must be given an opportunity to com-ment on them. It is not a question of testing the credibility of the witness, but it is actually a question of new evidence being presented by the Prosecution, and the Defense must have an opportunity of answering it. I do not believe that this is the intention of Article 21, otherwise the Trial would be extended indefinitely. THE PRESIDENT: The Tribunal will adjourn and we will sit again at 2 o'clock. [The Tribunal recessed until 1400 hours.] Afternoon Session THE PRESIDENT: Mr. Elwyn Jones, the Tribunal will take judicial notice of the document which you were submitting under Article 21, But they do not think that you need deal with it at great length. MAJOR JONES: If Your Lordship pleases. The Document D-959 will be Exhibit GB-571. [The witness Reinecke resumed the stand.] Witness, have you any knowledge of the part played by SS units in the arrest and ill-treatment of the students of Prague on 17 November 1939? REINECKE: No. About that subject I cannot testify, as the fact of their participation is now becoming known to me for the first time. MAJOR JONES: You had no knowledge of the participation of the 6th SS Totenkopf Standarte in that matter, did you? I am referring to ... REINECKE: No. MAJOR JONES: I am referring, My Lord, to an entry in the previous Czechoslovak report, USSR-60. [Turning to the witness.] You say you had no knowledge of that? This report ... REINECKE: No, I had no knowledge.
THE PRESIDENT: MAJOR JONES: This report refers further to reprisal measures against civilians suspected of contact with the partisans, in which the SS took part. Do you have any knowledge of SS troops taking part in reprisal measures against civilians? REINECKE: I can testify to that insofar as it is known to me in which manner the Waffen-SS was being employed. I know that the Waffen-SS-and in this case it can only be the Waffen-SS which is meant-was fighting at the front. MAJOR JONES: I just want you to look at the last paragraph but one in Paragraph 2, Page 4 of Document D-959, Page 4, the paragraph-it is the fourth paragraph down in the English text. "On 5 May 1945, after having plundered the village of Javorisko in the district of Litovel, the SS burned it down. During this execution the SS troops shot in the nape of the neck or killed in the burning houses all the male inhabitants of the village from the age of 15 to 70 years. Women with children, after having been ill-treated, were driven away. The execution, at which 38 men lost their lives, took place because the inhabitants of the village were suspected of hiding partisans." Have you any knowledge of that action or of actions of that kind that the SS took part in? REINECKE: No. Such actions never became known to me. Obviously, we are here concerned with the last fight for Prague. MAJOR JONES: I want you to turn to some further evidence about the ill-treatment by SS guards of transports of prisoners from concentration camps. The fifth paragraph on Page 5 of the report refers to 312 persons being beaten to death or shot, and their bodies buried in a coal pit. And you see it stated there that the beatings and killings were done by SS guards. It is very much like the Dutch report, is it not? And then there follows in the last section, crimes committed during the Prague revolution in May 1945, further accounts of SS atrocities.
THE PRESIDENT: Now, Witness, I want you to look at a new Document, D-878, which will be GB-572, which is a r1eport from the Statistical-the Scientific Statistical Institute of the Reichsführer SS on the com-position of the SS. I want you to look, if you will, at the third page of the account, that is a page marked "Page L" That sets out the-I am sorry, My Lord, I have not a translation of this, but I think the entries will speak for themselves. They are' quite clear. That is headed "Total strength of the SS as on 30 June 1944." You will see it shows "Allgemeine SS" excluding-and the translation, I think, is, excluding those members who, at the moment, are serving as reserves of the Waffen-SS, "Nicht einberufen." Total called up 66,614. THE PRESIDENT: 64,000. MAJOR JONES: 64,000. Called up in the Wehrmacht, 115,908. Called up to the labor front, 722. In miscellaneous duties, 19,254, a total of 200,498 of the Allgemeine SS. Now, can you tell the Tribunal whether those "not called up" among the 64,000 odd were performing police duties, or were some of those performing police duties? REINECKE: In my view the figures which are contained in the document refer to members of the General SS who were neither called up nor were carrying out any other type of activity -- in other words, who were following their civilian occupations at home, that is to say, who were used in economic life. MAJOR JONES: The last category of 19,254 "on miscellaneous duties," were those people who were forming the personnel of the Einsatzkommandos? REINECKE: That is absolutely out of the question, because the personnel of the Einsatzkommandos only consisted of a few hundred men. The conception of the "sonstiger Einsatz" (on miscellaneous duties) must refer to some other function which I cannot define at the moment. MAJOR JONES: Well, now, you see that that page shows the total in the Waffen-SS of 594,443. Now I want you to turn to Page 24 of this report. THE PRESIDENT: Mr. Elwyn Jones, what is the final total described as? MAJOR JONES: The total SS total 794,941.
THE PRESIDENT: THE PRESIDENT: Yes, but what does the second German word there mean? MAJOR JONES: "Insgesamt"-"altogether," My Lord. THE PRESIDENT: "Altogether." I see. MAJOR JONES: You turn to Page 24 and. you will see that the-that total of members of the Waffen-SS of 594,443 is divided up into various categories: There are first, the Feldtruppenteile, which are field units, 368,654. Then the next is, I understand, the recruiting staff, 21,365. The next category, training and reserve, 127,643. The schools, 10,822. Then other units and offices directly subordinate to the SS leadership head office, 26,544. And then in the head offices, 39,415, making the grand total of 594,443. Now, those-that entry of 26,544, other units and offices directly sub-ordinate to SS leadership head office, who were those men? Were they the personnel of the Einsatzkommandos? REINECIKE: I beg to repeat the answer I have just given you. That number cannot refer in any way to the personnel of these Einsatzkommandos; because the personnel of the Einsatzkommandos had nothing to do with the SS itself, but came from various depart-ments of the executive, in particular from the Police. This figure of 26,544 members of the SS must refer to members of offices and units who were not employed at the head offices, but who, on the other hand, were not fighting at the front either, but who were in the Reich territory with some.. MAJOR JONES: Witness, will you next turn to Page 28 of this document, which- shows how the 39,415 described on Page 24 as being members of the head offices of the Waffen-SS are employed. It starts: SS Main Office, 9,349; Waffen-SS men engaged in the SS Eco-nomic and Administrative Main Office-I beg your pardon, the second line-Waffen-SS men engaged in the Race and Resettlement Main Office of the SS, 2,689. That was the office headed by Himm-ler which yesterday you said-you said had nothing to do with the SS, the Waffen-SS, at all. And then: Third, the SS Economic and Administrative Main Office, WVHA that is, is it not-24,091 Waffen-SS men. Personal Staff of the Reichsführer SS, 673.
HERR PELCKMANN: It is a document already submitted by the Prosecution, E-168, and it is also in the official document book on concentration camps. THE PRESIDENT: I cannot hear what the reference is. Is it "D", dawn, or "G"? THE INTERPRETER: "E", easy-168. THE PRESIDENT: What is the exhibit number? HERR PELCKMANN: I beg your pardon, I cannot give you this number at the moment. In that document it says among other things: "With such a high death figure the number of detainees can never be brought to the level demanded by the Reichsführer SS. The senior camp medical officers must use every means at their disposal to reduce the death rate in the various camps considerably. The best medical officer in a concentration camp is not the man who believes that undue harshness must be applied, but rather the one who, by means of careful control and interchanges at the various places of work, main-tains a high standard of efficiency. "Medical officers in the camps should check the food of the prisoners more often than before, and with the approval of the administration they should submit to the camp com-mander suggestions for improvements. Naturally these must not merely appear on paper, but camp medical officers should make regular checks. Apart from that, the medical officers should see to it that the working, conditions at the various places of work are improved as much as possible. It is necessary, for that reason, that medical officers should thoroughly inspect the places of work and investigate work-ing conditions. The Reichsführer SS has ordered that the death rate must be reduced at all costs." THE PRESIDENT: Dr. Pelckmann, didn't you understand that we don't wish to have-can't you hear? HERR PELCKMANN: Yes. THE PRESIDENT: The Tribunal has indicated to the Prosecution they don't want to hear these documents read which have already been put in evidence, and there you are reading every word of this document. HERR PELCKMANN: I understand, Mr. President. THE PRESIDENT: Surely you can summarize it-if you have question to put upon it, that must be possible.
HERR PELCKMANN: HERR PELCKMANN: Do you know, Witness, whether such in-structions were actually carried out in the concentration camps? REIN`ECKE: The investigating commissions of the head office "SS Courts" have repeatedly confirmed to me in personal reports that such instructions were in fact put into practice in the concen-tration camps. They reported to me that accommodation, hygienic conditions, medical care, feeding, and also the treatment and the physical appearance of the detainees were for the most part good. They also confirmed that the strict prohibition of ill-treatment of detainees was repeatedly made known in the camps, and was, in fact, observed. The picture of the concentration camps under normal conditions is, therefore, quite a different one. To the outsider, the cleanliness and the smooth functioning of the working program was noticeable. If crimes have been committed in concentration camps, then they occurred in a way in which they remained hidden from the outside world and even from the inmates of the camp unless they partic-ipated in them. THE PRESIDENT: Are you saying that you personally received this letter or that you had these facts before you? REINECKE: I received reports from these investigating com-missions, which were submitted to me personally, and from these reports I was able to gather the facts which I have just related. THE PRESIDENT: Well then, you knew in December 1942 that 70,000 arrivals in concentration camps out of 136,000 had died, did you? REINECKE: No, that I did not know. I shall, have to supplement my testimony by giving now an answer which I was to have given in connection with a later question, namely, that the head office "SS Courts" instituted these investigating commissions for the disclosure of crimes committed in concentration camps only as from the second half of 1943. THE PRESIDENT: I thought you said in answer to my question, "These facts were known to me." Go on, Dr. Pelckmann.
HERR PELCKMANN: HERR PELCKMANN: In this connection, I draw the attention of the Tribunal to my affidavit Number SS-65 to 67 which was translated in its entirety at my request. It was deposed by a judge who conducted the investigations and it contains numerous additional details. [Turning to the witness.] To what extent were the legal authorities of the SS responsible for the administration of the law in con-centration camps? REINECKE: The SS jurisdiction did not apply to the detainees in concentration camps. Only the regular German courts had responsibility for them. To a certain extent the SS legal authorities also had to administer justice to the political prisoners in the con-centration camps, but with the proviso that the Reich Security Main Office, in this case, had the preference in making investigations. Guards and members of the commander's staff in concentration -camps came under the jurisdiction of the SS legal authorities to the full extent laid down by military courts. HERR PELCKMANN: You have already mentioned, Witness, that the legal authorities began prosecuting crimes committed in concentration camps in 1943. When in 1943? REINECKE: In the second half of 1943 the legal authorities, while following up a case of corruption in which the former camp commander Koch was involved, came upon clues to crimes leading to other camps. It was from that moment that the legal authorities became active. HERR PELCKMANN: How was it that the legal authorities became active so late? REINECKE: So-called legal officers were attached to concentra-tion camps for purposes of supervision. These legal officers, who were the instruments of the appointing authority concerned, had the duty of writing so-called reports of evidence, if crimes of any sort occurred, and of submitting such reports to the courts so that they might take over the prosecution of the crimes. HERR PELCKMANN: One intermediate question ... THE PRESIDENT: Dr. Pelckmann, I don't think he gave an an-swer to your question at all.
HERR PELCKMANN: Your question was: How was it that it was so late as the second half of 1943 that these investigating commissions began to become active? He did not answer that ques-tion at all. HERR PELCKMANN: Your Lordship, the witness has not yet finished. I was just going to put an intermediate question, and in his further explanations the matter will become quite clear. [Turning to the witness.] I want to pat an intermediate question, Witness. Were these legal officers subordinated to you, to the head office "SS Courts", or to the SS legal authorities, or to whom were they subordinated? Can you give names? REINECKE: The legal officers were not subordinates of the legal authorities, but they were officials of the chief justice making the investigations. HERR PELCKMANN: Who was that in the case of the concentration camps? REINECKE: In the case of concentration camps it was Oswald Pohl, who was already mentioned yesterday. HERR PELCKMANN: Now, will you please continue with the answer to the question, why did the legal authorities learn of these atrocities at so late a stage? REINECKE: The reason was that earlier the legal authorities had not had any suspicions, owing to the fact that these legal officers, during the years until 1943, were continuously handing in such reports of evidence to the courts. These reports of evidence were very detailed. In cases of unnatural death of detainees, they con-tained photographs of the place of the crime, medical reports, evidence by detainees and guards. These reports were so detailed that the suspicion that other crimes could be committed behind the backs of the legal officers could not arise. These reports of evidence which were submitted led in every case to the trial and sentencing of the criminal, and such sentences were pronounced throughout all the years. HERR PELCKMANN: Might not the reports of evidence have been forged, and might not the actual facts have been covered up in that way? REINECKE: In part this was the case. I just said that during the second half of 1943 we began investigations in the camp at Buchenwald.
HERR PELCKMANN: Already in 1941 we had carried out such an investiga-tion in Buchenwald, which, however, had no result. During the later investigation, in 1943, it was in fact discovered that in 1941 the commander, Koch, had used forged reports, coached witnesses, and forged medical reports which had deceived the investigating judges. We then conducted investigations in other camps, where we found that these reports of evidence had been in order. HERR PELCKMANN: Now, will you please describe briefly what further steps the SS legal authorities took with regard to these crimes in concentration camps? REINECKE: The clues in the camp at Buchenwald were mani-fold and they led to many camps. The matter became more complex from month to month. It was evident that the investigating organs of the legal authorities had been utterly unsuitable for the task of conducting a purely criminal investigation of this sort, because the legal authorities, in view of their character as a military legal instrument, lacked- a fundamental basis, namely, an authority capable of carrying out criminal prosecutions. For that reason, judges were quickly given short training courses in criminal proceedings, and at the same time, in collaboration with the Reich Security Main Office, experts from the Reich Criminal Police Department were made available for the investigation of these crimes. Such commissions were detailed to many camps and they worked continuously until the collapse. The head office "SS Courts" created a special court which had almost exclusively the task of trying these cases involving crimes committed in concentration camps. In the head office "SS, Courts," which was the leading office of the legal authorities, a special head department was created which carried out the over-all direction of the investigations in concentration camps and which was to take over the task ordinarily discharged by the public prosecutor. HERR PELCKMANN: Now, briefly summarized, what was the outcome of the fight of the SS jurisdiction against crime in con-centration camps?