dtufail/nuremberg-trials-corpus huggingface dataset:
DR. SERVATIUS: The French Report, RF-22, itself states on Page 69 that of the 8,000 men forming one leave convoy, 2,000 did not return. The report states that the "unfortunate people" were placed before the alternative: "Either you return, or your brothers die." This consideration, however, did not impress them. Nor could their promise prevent them from immediately joining the Maquis. The cancellation of these home furloughs does not therefore constitute an arbitrary act in slave labor. Perusal of the French report can only strengthen that impression. It follows therefore that no conscription of workers, violating the laws of war or carried out in an inhuman manner, was effected by the Defendant Sauckel in this field either. I now come to the question of the treatment of workers. In order to facilitate proper judgment, a clear distinction must be made between the different bearers of responsibility. The works manager was responsible for general labor conditions in the works, while the general conditions of life outside the works were the competence of the German Labor Front. These spheres of responsibility become clearly apparent through the fact that two exponents for them are mentioned in the Indictment, namely, Krupp and Dr. Ley. The Defendant Sauckel can be held responsible for what happened in these spheres only insofar as events were due to his decrees, or where, contrary to his duty, he failed to exercise direct supervision. The Defendant Sauckel was directly responsible for the wages. On assuming office he found a table of wages which he could not modify on his own responsibility; to do so he had to apply for permission to his superior office, which was the Four Year Plan, and for the consent of the competent Reich minister.
DR. SERVATIUS: The legal regulations compiled in the chapter on wages of my Document Book 2 show that the basic decrees were not issued by the Defendant Sauckel, but by the Ministerial Council for the Defense of the Reich (see Documents Sauckel-50, 17, and 58) and the Reich Minister of Economics (Document Sauckel-51) and the Reich Minister of Finance (Document Number Sauckel-52). The Defendant Sauckel could schedule wages and fix wages for piece work only within the general outlines existing for him, and in so doing he had to consider the interests of the ministries in question. So far as it was at all possible for the Defendant Sauckel to do so, he worked for an amelioration; thus a series of his decrees show that he granted premiums such as bonuses, compensatory payments, and the like [see Document Numbers Sauckel-54 and 58(a)]. The Defendant Sauckel's activity, however, could on the whole only aim at increasing wages by influencing the competent agency. This is shown in Document 021-PS of 2 April 1943. There we fin-d as appendix a treatise with statistical material bearing on a proposal for a basic improvement of wages for Eastern Workers. From a study of wage sheets dating from different periods it will also be seen that the average wages of Eastern Workers were raised several times during the Defendant Sauckel's term of office. It was for the Defendant Sauckel to determine the working hours, but only within the framework of the superior competence of the Reich Minister of Labor Seldte. This is shown by Document Number Sauckel-67, where Seldte fixes the working hours for Eastern Workers in Paragraph 3 of the Decree of 25 January 1944. Generally speaking, the working hours were the same as for the German workers, depending upon the output in each factory. This is also admitted by the French Government Report, Document UK-783; the cases enumerated there, on Page 580, of excessive working hours are contrary to the orders of the Defendant Sauckel.
DR. SERVATIUS: Since they do not specify any year, it cannot be ascertained if they deal only with temporary measures or with permanent conditions. The same lack of clarity obtains in the French Report RF-22, Page 101; there the minimum working time is given as 72 hours, which was liable to increase to 100 hours. This may refer to the work of concentration camp inmates. Working hours were then changed by Goebbels, who on the basis of his powers of plenipotentiary for the waging of total war introduced the 10-hour day for Germans and foreigners alike, although in practice this could not be applied generally. Unreasonably long working hours cannot be maintained and will lead to setbacks. I should like to add that Sauckel was responsible for the fact that these extra hours were paid for, or compensated, in the same manner as overtime work. Special attention has been paid by the Prosecution to the reguIation of the working hours of female domestic workers from the East, of whom, instead of the 400,000-500,000 girls originally demanded by Hitler, only 13,000 actually came to Germany. The Prosecution has presented the instructions for the employment of these female domestic workers as Document USSR-383. There it says under Number 9 that they shall not be entitled to take time off. The purpose of this was to leave the settlement of their time off to each household according to convenience. Any other interpretation of the regulation is hardly imaginable, because after all it was intended permanently to receive these female domestic workers into the families, and to give them the chance to remain in Germany. They had been selected as girls who were considered particularly dependable, and had all reported voluntarily for domestic work. In the light of new experiences the order was later modified by a subsequent decree (Document Number Sauckel-26), by which all remaining limitations were also canceled. . Determination of working hours for children took place within the scope of the German labor protection legislation.
DR. SERVATIUS: This referred to children who, contrary to the decrees of the Defendant Sauckel, had come to Germany with their parents in an irregular manner. Their work can have concerned only rural occupations, since that applies equally to German children. In this context it may be pointed out that during the war schoolchildren in Germany as from 10 years of age could be employed for work in accordance with the decree of the Reich Youth Leader of 11 April 1942 [Document Number Sauckel-67(a)]. A general survey by Dr. Blumensaat in the complete Document Number Sauckel-89 provides full information about the entire complex of wages and working hours as finally established by laws. This factor of immediate responsibility alone, however, cannot serve the Defendant Sauckel as an excuse, if he knew and tolerated those things which, according to the Prosecution's assertion, characterized the transports and life in the camps and factories. It was his duty to superintend even where he was not directly responsible. ' The accommodation and feeding of the workers was the responsibility of the industries. With regard to the installations of the camps for foreigners, the same regulations as for the camps for German workers applied by virtue of decrees by the Reich Minister of Labor, Seldte (Documents Number Sauckel-42, 43 and 44). It is indisputable that the accommodation suffered as a result of difficulties, in particular from the effects of air warfare. The deficiencies, however, were remedied as far as at all possible. The situation of the foreign workers was not different from that of the German civilian population. The food supply suffered from the blockade and transportation difficulties. The established rations, contrary to the notorious statements on the feeding of the Russians, amounted to 2,540 calories for the Soviet prisoners of war, according to the table of 24 November 1941 in Document USSR-177. A further table has been submitted with the affidavit of the witness Hahn as Exhibit Number Sauckel-11.
DR. SERVATIUS: According to this rations in the Krupp works amounted to 2,156 calories for the ordinary Eastern Worker and 2,615 calories for those performing heavy work; supervision insured a proper distribution. The Reich Ministry of Food was responsible for the supply of food. Grave accusations have been made by the Prosecution with regard to both points. These, however, can only apply where the existing regulations were not observed. It is quite likely that mistakes should have been made in this large sphere of activity in the course of years, but the general picture is not composed of mistakes, and judgment cannot be based thereon. The actual conditions have not been clarified in this procedure to the extent that one might contend that deficiencies were so general and obvious that the Defendant Sauckel must have known them, and did in fact know them. In contrast to the vague statements of the witness Dr. Jaeger we have the affidavit of the witness Hahn, which refutes the former to a large extent. The affidavits of the witnesses Scharmann and Dr. Voss (Exhibits Number Sauckel-17 and 18) confirm that no serious deficiencies existed in their spheres of activity. In addition to the obligations on the part of the works managers, the German Labor Front had to look after the foreign workers (Document Number Sauckel-16). Its tasks included transports and the supervision of medical care, as well as general welfare activities. The extensive activity which this very large organization developed has not been described in these proceedings. The basic principles of the German Labor-Front can be seen from Document Number Sauckel-27, which is the ordinance of the German Labor Front regarding the status of foreign workers at their working site. The aim is characterized as maintenance of morale by observing conditions of contracts, absolutely fair treatment, and comprehensive care and attention. The German Labor Front was also responsible for transports, according to Regulation Number 4 (Document Number Sauckel-15), wherein Sauckel's instructions are contained.
DR. SERVATIUS: This task included transport as far as the working site. The witnesses Timm, Stothfang, and Hildebrandt have testified about this and did not report anything about bad conditions. The description in the Molotov Report (USSR-51) cannot refer to transports carried out under orderly direction, but only to so-called "pirate" convoys. The same applies to convoys which, according to the Indictment, were heading for the concentration camps. The special attention which the Defendant Sauckel from the very beginning accorded to the transport problem, is shown particularly by Document 2241-PS, submitted by the Prosecution. It contains a decree where detailed directives to prevent the utilization of unsuitable trains are given. However mistakes did occur, especially the incident mentioned in Document 054-PS in connection with a return transport of workers. These had been brought into the Reich before Sauckel's time in a manner contrary to his basic principles. The matter was an isolated incident, and the necessary steps were immediately taken. The return of sick persons unfit for travel was prohibited, and Bad Frankenhausen was placed at their disposal, Document 084-PS, Page 22. This was followed by the order specifying the attendance at such transports of male and female Red Cross nurses (Document Number Sauckel-99). The carefully and thoroughly organized system of medical care, which operated in collaboration with the Association of Panel Doctors did not break down in the face of the greatest difficulties; rather is it a fact that no epidemics or serious diseases broke out. The cases presented by the Prosecution from some camps among the total of 60 run by Krupp's can only have arisen out of an unusual chain of circumstances. They cannot prove that bad conditions, of which these examples might have been typical, prevailed generally. Another document, RF-91, has been presented, which contains the medical report of Dr. Fevrier of the French Delegation of the German Labor Front, which was compiled after the beginning of the invasion on 15 June 1944.
DR. SERVATIUS: Besides deficiencies it is intended to correct, the report also points out favorable aspects. It speaks with particular acknowledgement of leaders of youth camps, of the systematic X-ray examinations, and of the support given by district administrations, and similar things. A genuine over-all picture of conditions could only be obtained by the study of the medical reports of the health offices of the German Labor Front existing everywhere. For the defense of the Defendant Sauckel it may be said here that from his remote post he could not obtain a clear picture of unsatisfactory details. Any sanctioning of such bad conditions would have been in striking contrast to the actions and declarations of Sauckel. The Defendant Sauckel did not acquiesce when, for instance, one Gauleiter said: "If anybody is going to be cold, then first of all let it be the Russians." He intervened and publicly proclaimed his views in his official Handbook on the Allocation of Labor (Document Number Sauckel-l9). The Defendant Sauckel also made efforts to improve the food, although this was outside his competence. That has been confirmed by several witnesses, among others the witness. Goetz (Exhibit Number Sauckel-10). It is also shown by the record of the Central Planning Board (Document R-124, Page 1783). The Defendant Sauckel did not let matters slide, but established a personal staff of his own, whose members traveled around the camps and corrected bad conditions on the spot. He also endeavored to obtain clothing, and put factories to work to a large extent for the purpose of supplying Eastern Workers. All the witnesses heard regarding this problem have again and again unanimously confirmed that the Defendant Sauckel basically took great interest in the welfare of workers. I would also refer to the announcements and speeches of the Defendant Sauckel, which always advocate good treatment.
DR. SERVATIUS: I do not wish to enumerate the documents in detail, and shall only mention in particular the "manifesto" on the allocation of labor, Document Number Sauckel-84, in which he refers to his binding basic principles, and demands that these be constantly kept in mind. I also refer to the speeches to the presidents of the provincial labor offices of 24 August 1943 (Document Number Sauckel-86), and of 17 January 1944 (Document Number Sauckel-88). The Defendant Sauckel finally got even Himmler, Goebbels, and Bormann to acknowledge his ideas as correct. That is shown by Document 205-PS of 5 May 1943, which is a memorandum regarding the general basic principles for the treatment of foreign workers. There the basic principles of a regulated mobilization of labor are accepted. How do the statements of the Prosecution on ill-treatment of workers as slaves correspond with this? It will be necessary to examine closely whether the cases referred to involve real abuses affecting workers in the process of normal mobilization, or abuses incidental to the deportation of prisoners and to their work. Next, one should investigate exaggerations and distortions such as may be due to human weakness and foibles. In my opinion no adequate clarification of this subject has so far been obtained, and press reports have already begun to appear which are bound to increase doubts as to the accepted standard applying to the life of foreign workers. The plan submitted as Exhibit Number Sauckel-3 displays the numerous offices for checking and inspection relative to the question of laborers. They did not report any particular abuses to the offices of the Defendant Sauckel. Perhaps the fact that these offices were so numerous constitutes a weakness: It is quite possible that each government department kept silent about whatever mistakes originated under its own jurisdiction and failed to bring them to the attention of the Defendant Sauckel, because as a rule the controlling agencies were on a higher level than the Defendant Sauckel.
DR. SERVATIUS: This should be considered particularly with regard to relations between the most important agency, the German Labor Front, under the leadership of Reichsleiter Dr. Ley, 'and Gauleiter Sauckel. On closer examination of the document submitted as 1913-PS, an agreement on the creation of "central inspection offices for the care and welfare of foreign labor," it appears to have been carefully designed as an instrument of defense against the Defendant Sauckel. The document was devised by Dr. Ley and signed on 2 June 1943, then submitted for his signature to the Defendant Sauckel who did not approve or publish it until 20 September 1943. It is quite possible that Dr. Ley did not wish to invite criticism. On the other hand, there is little likelihood that the abuses were general and manifested themselves openly. Otherwise they would obviously have become known to the Defendant Sauckel through his own control agencies. In addition to his own staff, the Defendant Sauckel on 6 April 1942 appointed the Gauleiter as "Commissioners for the Mobilization of Labor," impressing upon them as their foremost duty that of supervision with regard to the enforcement of his orders. This becomes apparent from Document Number Sauckel-9, Figure 5; the same applies to Document 633-PS of 14 March 1943. Several Gauleiter were examined by the Tribunal as witnesses, and they have confirmed the fact that the supervision was carried out as ordered and that Sauckel checked it through members of his staff. No abuses were reported. After due consideration of the matter, whom should one believe? Are we concerned here with exaggerated complaints, or do findings to the contrary command credibility? There is no testimony by those Frenchmen who, according to Document UK-783, Draft III, were taken to the real slave centers; there is no testimony by those Russians, who, according to Document USSR-51, were sold at 10 or 15 Reichsmark.
DR. SERVATIUS: In any case one fact clearly speaks in favor of the Defendant Sauckel, one which has always been confirmed by competent witnesses, namely, that the workers were willing and industrious and that when the collapse came no uprising occurred in which they would have given vent to their natural wrath against the slaveholders. I have summarized actual happenings and appraised them juridically. All this, however, must appear to be juridical quibbling when a higher responsibility is involved. It has been stated here that it would not do to let the insignificant works managers take the blame, and that the moral responsibility must go to the highest Reich Government' offices: On their own initiative they ought to have introduced corrections on a larger scale to cope with the difficulties inherent in the circumstances of that time. This might have applied to offices which had the power and the means to bring about improvement. The Defendant Sauckel and his small personal staff had merely been incorporated in a ministry already in existence, and he had no such means at his disposal. His authority consisted of a narrowly defined power to give directives on the mobilization of labor, and he untiringly made use of this authority. The works managers in the armament industry formed an independent administration and were secure from so-called bureaucrats. The duty of self-maintenance results from such a privilege of self-administration. Consequently, if something was to be done to improve the security of foreign workers, or their situation in armaments works, it was up to these establishments and to the armaments ministry, under whose supervision they operated, to deal with the matter. It was not the duty of the office of the Defendant Sauckel to intervene in these matters, since it was under the armaments ministry.
DR. SERVATIUS: That is clearly evident from Document 4006-PS, containing the decree of 22 June 1944, and is also borne out by the most intimate personal relations between the armaments minister and Hitler, which made him the most influential man in the economic sphere. If higher responsibility existed for mistakes made in the factories, such responsibility can be placed only at the door of those who had knowledge of such conditions and the power to correct them. There is still another legal question to be considered with regard to the Indictment; namely, whether the position of the Plenipotentiary General for the Allocation of Labor is determined by Article 7 or Article 8, in other words, whether the Defendant Sauckel was an independent government official or whether he acted on orders. The requests for labor were placed from time to time on Hitler's special orders, in the form of a general program, and only the subsequent distribution was left to Sauckel. This is also confirmed by the fact that the Defendant Sauckel always refers to Hitler's "orders and instructions," as in the manifestos of the Plenipotentiary General for the Allocation of Labor (Document Number Sauckel-84, in circulars to the Gauleiter, Figure 7, Document Number Sauckel-83 and others). From this also derives the fact that the Defendant Sauckel in every case specifically reports execution of the orders, as well as the beginning and end of his official journeys (Document 556-PS of 10 January 1944 and 28 July 1943). Another argument against his working independently is that according to the nomination decree the Defendant Sauckel was immediately subordinate to the Four Year Plan and attached to the Reich Ministry for Labor, which had been preserved with its state secretaries; only two departments were placed at his disposal. If the form of responsibility is to be determined, it can thus only be within the limits of Article 8 of the Charter. Herewith I conclude my exposition regarding the special field of labor allocation.
DR. SERVATIUS: The Defendant Sauckel is accused on all Counts of the Indictment, in addition to labor mobilization; specific acts however are not charged against him. A closer characterization of the accusation has been effected in the course of the proceedings only with regard to the concentration camps. In this connection, however, it has been proved by a sworn statement by the witness Falkenhorst (Exhibit Number 23) and an affidavit by the witness Dieter Sauckel (Exhibit Number 9) that no order for the evacuation of the Buchenwald Camp upon the approach of American troops was given. Knowledge and approval of conditions at the camp cannot be deduced from two visits of the camp before 1939, because the excesses submitted by the Prosecution had not yet occurred. Nor did the geographical proximity of the camp to the Gauleitung of the Defendant Sauckel bring about any close connection with the SS staff, as they had their seat in Kassel and Magdeburg. Finally it must be remembered that the human convictions of the Defendant Sauckel, which were based on his earlier career, were irreconcilable with Himmler's point of view. What part can the Defendant Sauckel have played in the conspiracy? He was Gauleiter in Thuringia and did not rise above the rest of the Gauleiter. His activities and his aims can be deduced from his fighting speeches, which have been submitted as Document Number Sauckel-95. They consistently show the fight for "liberty and bread," and a desire for real peace. During his activity, extending over many years in the Party, the Party program was authoritative for the Defendant Sauckel; the aims and plans contained therein required neither war nor the extermination of the Jews. The practical realization of the program alone could disclose the reality. For every convinced Party exponent, however, the official explanation of events was authoritative and met with no doubts. Up to his nomination as the Plenipotentiary General for Allocation of Labor in March 1942, the Defendant Sauckel did not belong to the narrow circle of those who had access to Hitler's plans.