dtufail/nuremberg-trials-corpus huggingface dataset:
LT. COMDR. HARRIS: Thank you, Sir. The second crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD, is the execution of racial and political undesirables screened out of prisoner-of-war camps by the Gestapo. The Tribunal will recall Document Number 2542-PS, heretofore received as Exhibit Number USA-489. I believe you will find that document in the Gestapo document book. It was introduced this morning.
THE PRESIDENT: The Lindow affidavit?
LT. COMDR. HARRIS: Yes. That is the Lindow affidavit that indicates that the program of screening prisoner-of-war camps continued during 1943. The third crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD was the taking of recaptured prisoners of war....
THE PRESIDENT: Wait a minute. You have not yet drawn our attention to any specific paragraph which shows that it was in operation after 1943; you are passing on to something else whilst I am looking at the document to see what I have got.
LT. COMDR. HARRIS: Referring specifically to the third paragraph, if the Tribunal please, which has heretofore been read into evidence.
THE PRESIDENT: That only says until about the beginning of 1943.
LT. COMDR. HARRIS: It says early in 1943 the department was dissolved and absorbed into the departments in Subsection IV B. The work concerning Russian PW's must then have been done by IV B 2a.
THE PRESIDENT: Yes. Well, that is all you want it for, is it not?
LT. COMDR. HARRIS: Yes. The third crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD was the taking of recaptured prisoners of war to concentration camps where they were executed. I invite the attention of the Tribunal to Document 1650-PS which has heretofore been received as Exhibit Number USA-246. This is the secret Gestapo order, the Kugel Erlass, or Bullet Decree , under which escaped prisoners of war were sent to concentration camps by the Security Police and SD for execution. This order, dated 4 March 1944, was signed-and I quote: "Chief of the Security Police and of the Security Service, for the Chief," -signed-"Muller" I now offer Document L-158 as exhibit next in order. This is Exhibit Number USA-514. I am not going to read this document since it is similar to the previous document offered, but I do wish to refer to the marked passages. First: "On 2 March 1944 the Chief of the Security Police and SD, Berlin, forwarded the following OKW order." Then follows the statement that upon recapture certain escaped prisoners of war should be turned over to the Chief of the Security Police and SD. The document goes on to say-and I quote, "In this connection the Chief of the Security Police and SD has issued the following instructions." Detailed instructions follow concerning the turning over of such prisoners to the commandant of Mauthausen under the operation Bullet. Further, this order states, and I quote-this is at the very end of the order: "The list of the recaptured officers and non-working noncommissioned officer prisoners of war will be kept here by IV A1. To enable a report to be made punctually to the Chief of the Sipo and SD, Berlin, statements of the numbers involved must reach Radom by 20 June 1944." I recall the attention of the Tribunal to Document 2285-PS, which was received this morning as Exhibit Number USA-490.
THE PRESIDENT: Has that Document L-158 already been put in evidence?
LT. COMDR. HARRIS: No, Sir, I have just put in those portions. I have just put the document in evidence at this time, Sir. The document has not been read in its entirety for the reason that the contents, other than the quoted portions, are substantially the same as Document 1650-PS which has been read at length.
THE PRESIDENT: You say it is the same as Document 1650-PS ?
LT. COMDR. HARRIS: It is, Sir, substantially the same. It relates to the same subject. It was, however, addressed to a 23an.46 different party, and I particularly wish to place before the Tribunal the last paragraph which has been quoted and read into evidence.
THE PRESIDENT: The last paragraph does not mean very much by itself, does it?
LT. COMDR. HARRIS: Very well, Sir. Then, if the Tribunal will permit it, I would like to read the document in its entirety.
THE PRESIDENT: Do you mean that Document 1650-PS has got these Paragraphs 1, 2 and 3 in it?
LT. COMDR. HARRIS: Yes, Sir. That is exactly what I do mean, Sir. I recall the attention of the Tribunal to Document 2285-PS, which was received in evidence this morning as Exhibit USA-490. That was the affidavit of Lieutenant Colonel Gast and Lieutenant Veith of the French Army who stated that during 1943 and 1944 prisoners of war were murdered at Mauthausen under the Bullet Decree . I am sure the Tribunal will recall that document. The fourth crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD was the commitment of racial and political undesirables to concentration camps and annihilation camps for slave labor and mass murder. Before Kaltenbrunner became Chief of the Security Police and SD on 30 January 1943, he was fully cognizant of conditions in concentration camps and of the fact that concentration camps were used for slave labor and mass murder. The Tribunal will recall from previous evidence that Mauthausen Concentration Camp was established in Austria and that Kaltenbrunner was the Higher SS and Police Leader for Austria. This concentration camp, as shown by Document 1063(a)PS, which was received this morning as Exhibit Number USA-492, was classified by Heydrich in January 1941 in Category III, a camp for the most heavily accused prisoners and for asocial prisoners who were considered incapable of being reformed. The Tribunal will recall that prisoners of war to be executed under the Bullet Decree were sent to Mauthausen. As Will be shown hereafter, Kaltenbrunner was a frequent visitor to Mauthausen Concentration Camp. On one such visit in 1942 Kaltenbrunner personally observed the gas chamber in action. I now offer Document 2753-PS as exhibit next in order, Exhibit Number USA-515. This is the affidavit of Alois Hollriegl, former guard at Mauthausen concentration camp. The affidavit states, and I quote: "I, Alois Hollriegl, being first duly sworn, declare: "I was a member of the Totenkopf SS and stationed at the Mauthausen Concentration Camp from January 1940 until the end of the war.
LT. COMDR. HARRIS: On one occasion, I believe it was in the fall of 1942, Ernst Kaltenbrunner visited Mauthausen. I was on guard duty at the time and saw him twice. He went down into the gas chamber with Ziereis, commandant of the camp, at a time when prisoners were being gassed. The sound accompanying the gassing operation was well known to me. I heard the gassing taking place while Kaltenbrunner was present. "I saw Kaltenbrunner come up from the gas cellar after the gassing operation had been completed."-signed-"Hollriegl." On one occasion Kaltenbrunner made an inspection of the camp grounds at Mauthausen with Himmler and had his photograph taken during the course of the inspection. I offer Document 2641-PS as exhibit next in order, Exhibit Number USA-516. This exhibit consists of two affidavits and a series of photographs. Here are the original photographs in my hand. The original photographs are the small ones, which have been enlarged, and those in the document book are not very good reproductions, but the Tribunal will see better reproductions which are being handed to it.
DR. KAUFFMANN: As the whole accusation against Kaltenbrunner personally has nevertheless been brought forward, I feel bound to make a motion on a matter of principle. I could have made this motion this morning just as well. It concerns the question of whether affidavits may be read or not. I know that this question has already been the subject of consultation by the Tribunal and that the Tribunal has come to a definite decision on this question. When I make this question again a matter for decision, it is for a special reason. Every trial is somewhat dynamical. What was right at one time may be wrong later. The greatest and most important trial in history depends in many important points on the mere reading of affidavits which have been taken by the Prosecution exclusively, according to its own maxims. The reading of affidavits is not satisfactory in the long run. It is becoming, from hour to hour, more necessary to see, to hear for once, a witness for the Prosecution and to test his credibility and the reliability of his memory. Many witnesses are standing, so to speak, at the door of this courtroom, and they need only to be called in. To hear the witness at a later stage is not sufficient; nor is it certain that the Tribunal will permit a hearing on the same evidential subject. I therefore oppose the further reading of the affidavits just announced. The spirit of Article 19 of the Charter should not be killed by the literal interpretation.
THE PRESIDENT: Is your application that you want to cross-examine the witness or is your application that the affidavit should not be read?
DR. KAUFFMANN: The latter.
THE PRESIDENT: That the affidavit should not be read?
DR. KAUFFMANN: Yes.
THE PRESIDENT: Are you referring to the affidavit of Hollriegl, Document 2753-PS?
DR. KAUFFMANN: Yes.
THE PRESIDENT: The Tribunal is of the opinion that the affidavit, which is upon a relevant point, upon a material point, is evidence which ought to be admitted under Article 19 of the Charter ; but they will consider any motion which counsel for Kaltenbrunner may think fit to make for cross-examination of the witness who made the affidavit if he is available and could be called. [To Lieutenant Commander Harris.] You were dealing with these photographs, were you not?
LT. COMDR. HARRIS: Yes, Sir. They have been offered in evidence as the exhibit next in order, and I wish to refer to the first affidavit accompanying them, which appears in the document book.
THE PRESIDENT: Yes.
LT. COMDR. HARRIS: It being the affidavit of Alois Hollriegl.
THE PRESIDENT: Yes. You had handed up the affidavit at the same time, had you not?
LT. COMDR. HARRIS: Yes, Sir, I did, Sir. That affidavit states, and I quote: "I was a member of the Totenkopf SS and stationed in the Mauthausen Concentration Camp from January 1940 until the end of the war. I am thoroughly familiar with all of the buildings and grounds at Mauthausen Concentration Camp. I have been shown Document 2641-PS, which is a series of six photographs. I recognize all of these photographs as having been taken at Mauthausen Concentration Camp. With respect to the first photograph I positively identify Heinrich Himmler as the man on the left, Ziereis, the commandant of Mauthausen Concentration Camp in the center, and Ernst Kaltenbrunner as the man on the right."
THE PRESIDENT: He does not say, does he, at what date the photographs were taken?
LT. COMDR. HARRIS: No, Sir, I have no evidence as to what date the photographs were taken, Sir.
THE PRESIDENT: Just that Kaltenbrunner was there?
LT. COMDR. HARRIS: Just that Kaltenbrunner was there, at some time, in the company of Ziereis and Himmler.
THE PRESIDENT: Yes.
LT. COMDR. HARRIS: With full knowledge of conditions in, and the purpose of, concentration camps, Kaltenbrunner ordered or permitted to be ordered in his name the commitment of persons to concentration camps. I offer Document L-38 as exhibit next in order, Exhibit Number USA-517. This is an affidavit of Hermann Pister, the former commandant of Buchenwald concentration camp, which was taken on 1 August 1945 at Freising, Germany, in the course of an official military investigation by the United States Army, and I quote from it as follows, beginning with the second paragraph: "With exception of the mass delivery of prisoners from the concentration camps of the occupied territory, all prisoners were sent to the Concentration Camp Buchenwald by order of the Reichssicherheitshauptamt"-Reich Security Main Office-"Berlin. These orders for protective custody (red forms) were in most cases signed with the name 'Kaltenbrunner.' The few remaining protective custody orders were signed by 'Forster."' I now offer Document 2477-PS as exhibit next in order, Exhibit Number USA-518. This is the affidavit of Willy Litzenberg, former Chief of Department IVAlb in the RSHA. This document reads in part as follows, and I quote, beginning with the second paragraph: "The right of taking into summary protective custody belongs to the directors of the State Police Directorates or State Police Offices; previously for a period of 21 days; later, I think, for a period of 56 days. Custody exceeding this time had to be sanctioned by the competent Office for Protective Custody in the RSHA. The regulations for protective custody or the signing of the protective custody order could only be issued through the Director of the RSHA as Chief of the Sipo and SD. All regulations and protective custody orders that I have seen bore a facsimile stamp of Heydrich or Kaltenbrunner. As far as I can remember, I have never seen a document of this kind with another name as signature. How far and to whom the Chief of the Sipo and SD possibly gave authority for the use of his facsimile stamp, I do not know.
LT. COMDR. HARRIS: Perhaps the Chief of Amt IV possessed a similar authority. The greater part of the Protective Custody Office was transferred to Prague. Only one staff remained in Berlin." I now offer Document 2745-PS as exhibit next in order, Exhibit Number USA-519. This is an order, under date of 7 July 1943, which was found at the former office of the section of the Gestapo which handled protective custody matters in Prague. It was an order to the Prague office to send a teletype message to the Gestapo office in Koslin ordering protective custody of one Ratzke, and her commitment to the concentration camp at Ravensbruck for refusing to work. The order carried the facsimile signature of Kaltenbrunner and I invite the attention of the Tribunal to the original which has that facsimile for the arrest. Orders of this type were the basis for the orders actually sent out to the Prague office, which carried the teletype signature of Kaltenbrunner. At the bottom of the page the Tribunal will note the facsimile stamp of Kaltenbrunner. I next refer to Document L-215, which has heretofore been received as Exhibit Number USA-243. I believe the Tribunal will recall this document, which has heretofore been received in evidence, and which contains 25 orders for arrest issued out of the Prague office of the RSHA to the Einsatzkommando of Luxembourg, all of which carry the typed signature of Kaltenbrunner. And the Court will remember-and I am holding up the original document-that these arrest orders were the red forms which the commandant of Buchenwald referred to in his affidavit as being the forms which he saw coming from RSHA committing persons to Buchenwald. The concentration camps to which persons were committed, according to Document L-215, by Kaltenbrunner, included Dachau, Natzweiler, Sachsenhausen, and Buchenwald.
THE PRESIDENT: What was the date of it?
LT. COMDR. HARRIS: The most of these, Sir, were in 1944. I believe they are all in 1944.
THE PRESIDENT: It does not appear on the document does it?
LT. COMDR. HARRIS: It does appear, Sir, on the original document, yes. The first page of this translation is a summary of all of these. There is only one of the dossiers which has been translated in full, and the date on that one is 15. 2. 1944.
THE PRESIDENT: Yes; I see.
LT. COMDR. HARRIS: Among the grounds specified on these orders carrying the typed signature of Kaltenbrunner were, quoting: "Strongly suspected of working to the detriment of the Reich; spiteful statements inimical to Germany, as well as aspersions and threats against persons active in the National Socialist movement; strongly suspected of aiding deserters." I now offer Document 2239-PS as exhibit next in order, Exhibit Number USA-520. This is a file of 42 telegrams sent by the Prague office of the RSHA to the Gestapo office at Darmstadt, and they all carry the teletype signature of Kaltenbrunner. These commitment orders were issued during the period from 20 September 1944 to 2 February 1945. The concentration camps to which Kaltenbrunner 2Jan.46 sent these people included Sachsenhausen, Ravensbruck, Buchenwald, Bergen-Belsen, Flossenburg, and Theresienstadt. Nationalities included Czech, German, French, Dutch, Italian, Corsican, Lithuanian, Greek, and Jews. Grounds included refusal to work, religious propaganda, sex relations with PW's, communist statements, loafing on the job, working against the Reich, spreading of rumors detrimental to morale, "action Gitter," breach of work contracts, statements against Germany, assault of foremen, defeatist statements, and theft and escape from jail. Not only did Kaltenbrunner commit persons to concentration camps, but he authorized executions in concentration camps. I now offer Document L-51 as exhibit next in order, Exhibit USA-521. This is the affidavit of Adolf Zutter, the former adjutant of Mauthausen Concentration Camp, taken in the course of an official military investigation of the United States Army, on 2 August 1945, at Linz, Austria. This affidavit states, and I am quoting from Paragraph 3: "Standartenfuehrer Ziereis, the commander of Camp Mauthausen, gave me a large number of execution orders after opening the secret mail, because I was the adjutant and I had to deliver these to Obersturmfuehrer Schulz.
LT. COMDR. HARRIS: These orders of execution were written approximately in the following form...." There follows in the affidavit a description of the order for execution issued by the RSHA to the commander of the Concentration Camp Mauthausen. I omit quoting that description and continue at the next paragraph: "Orders for execution also came without the name of the court of justice. Until the assassination of Heydrich, these orders were signed by him or by his competent deputy. Later on the orders were signed by Kaltenbrunner, but mostly they were signed by his deputy, Gruppenfuehrer Muller. "Dr. Kaltenbrunner, who signed the above-mentioned orders, had the rank of SS general-Obergruppenfuehrer-and was the Chief of the Reich Security Main Office. "Dr. Kaltenbrunner is about 40 years old, height about 1.76 to 1.80 meters, and has deep fencing scars on his face. "When Dr. Kaltenbrunner was only a Higher SS and Police Leader in Vienna, he visited the camp several times; later on as the Chief of Reich Security Main Office (RSHA) he visited the camp, too, though this occurred much less frequently. During these visits, the commander usually received him outside the building of the camp headquarters and reported. Concerning the American military mission, which landed behind the German front in the Slovakian or Hungarian area in January 1945, I remember when these persons were brought to Camp Mauthausen. I suppose the number of the arrivals was about 12 to 15 men. They wore a uniform, which was American or Canadian, brown-green color shirt and tunic and cloth cap. Eight or 10 days after their arrival the execution order came in by telegraph or teletype.
LT. COMDR. HARRIS: Standartenfuehrer Ziereis came to me into my office and told me, 'Now Kaltenbrunner has given the permission for the execution.' This letter was secret and had the signature 'signed, Kaltenbrunner.' Then these people were shot according to martial law and their belongings were given to me by Oberscharfuehrer Niedermeyer." The fifth crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD was the deportation of citizens of occupied territories for forced labor and the disciplining of forced labor. I am sure the Tribunal will recall, without referring to it, Document 3012-PS, which has heretofore been received as Exhibit Number USA-190. That was the letter from the head of the Sonderkommando of the Sipo and SD, which stated that the Ukraine would have to provide a million workers for the armament industry and that force should be used where necessary. That letter was dated 19 March 1943. Kaltenbrunner's responsibility for the disciplining of foreign labor is shown by Document 1063-PS, which has heretofore been received as Exhibit Number USA-492. No part of this letter has been read into the record. This letter dated 26 July 1943 was addressed to Higher SS and Police Leaders, commanders and inspectors of the Sipo and SD, and to the chiefs of Einsatz Groups B and D. The Tribunal will recall that Einsatz Groups A, B. C, and D, operating in the East, carried out the extermination of Jews and Communist leaders. This document proves Kaltenbrunner's control over Einsatz Groups B and D. This document is signed "Kaltenbrunner." The first paragraph provides as follows: "The Reichsfuehrer SS has given his consent that besides concentration camps, which come under the jurisdiction of the SS Economic and Administration Main Office, further labor reformatory camps may be created for which the Security Police alone is competent.
LT. COMDR. HARRIS: These labor reformatory camps are dependent on the authorization of the Reich Security Main Office, which can only be granted in case of urgent need (great number of foreign workers, and so forth)." I now offer Document D-473 as exhibit next in order, Exhibit Number USA-522. It should be right at the beginning of the document book. This letter signed "Kaltenbrunner" was sent by him under date of 4 December 1944 to regional offices of the Criminal Police. The Tribunal will recall that Kaltenbrunner's responsibility covered the Criminal Police as well as the Gestapo. It provides in part, and I quote, reading at the beginning of the letter: "According to the decree of 30 June 1943, crimes committed by Polish and Soviet-Russian civilian laborers are being prosecuted by the Directorates of the State Police and even in those cases where for the time being the Criminal Police had, within the sphere of its competence, carried on the inquiries. For the purpose of speeding up the process and in order to save manpower, the decree of 30 June 1943 is altered, and the Directorates of the Criminal Police are authorized as from now on to prosecute, themselves, the crimes they are inquiring into, within the sphere of their competence, insofar as they are cases of minor or medium crimes." I begin with the second paragraph: "The following are available to the Criminal Police as a means of prosecution: "Police imprisonment. . . Admission into a concentration camp for preventive custody as being antisocial or dangerous to the community." And next to the last paragraph: "Their stay in the concentration camp is normally to be for the duration of the war.