dtufail/nuremberg-trials-corpus huggingface dataset:
SIR DAVID MAXWELL-FYFE: May it please the Tribunal, I think it would be convenient if I followed the admirably lucid exposition of Professor Kraus by asking the Tribunal to direct its attention to two aspects of the matter: First, what Professor Kraus called the intellectual preparation, and secondly, the mechanical necessities of presentation of the Defense. On the first point I draw the attention of the Tribunal to the way that it is put in the written application signed by Dr. Stahmer, which was followed in the main by Professor Kraus today. It is stated that a respite is required for the construction of the Defense after conclusion of the Indictment, that is, of the Prosecution; secondly, that the Defense Counsel have, until now, not had the time to prepare their defense in such a manner that smooth functioning is guaranteed; and thirdly, a line or two lower down' in justice it cannot be expected of the Defense Counsel that they will be able to answer on the spot. I respectfully request the Tribunal's attention to some matters of dates. The Indictment in this case was filed on the 18th of October, which is exactly 4 months ago today. The defendants were immediately acquainted with the contents of the Indictment, and it is a document of sufficient public importance to give ground for the belief that Defense Counsel must have, at any rate, had its general contents very quickly in mind. On that day General Nikitchenko, presiding over this Tribunal, stated at Berlin, "It must be understood that the Tribunal, which is directed by the Charter to secure an expeditious hearing of the issues raised by the charges, will not permit any delay either in the preparation of the defense or of the Trial." I remind the Tribunal that the Indictment contains more full particulars than probably any indictment in the history of jurisprudence. The third point is that preliminary lists of documents were placed in the defendants' Information Center on the 1st of November.
SIR DAVID MAXWELL-FYFE: The lodgment of preliminary documents, not complete but amounting to many hundreds, was made on the 15th of November. Except for one, Dr. Bergold, on behalf of the Defendant Bormann, all the counsel representing individual defendants were appointed by the 10th of November. Next, there have been four detailed speeches by the Prosecution explaining the scope and emphasis of the Prosecution's case. Every experienced advocate knows that the opening speech giving the emphasis is one of the most important matters for the Defense. As Professor Kraus said, from the beginning of November there have been applications for witnesses. I shall deal later with certain of the individual points, but I want to say this generally, that any one who has read these applications must be aware that the Defense, from an early date, have appreciated not only the case they have to meet, but the line which they wish to pursue. My eighth point is that, having heard practically the whole case on Counts One and Two, the common plan and aggressive war, the defendants received a 12-day recess at Christmas, and it was indicated by the President that this was, in part at any rate, for their assistance. It is a point of fair comment that most of us have been engaged in quite considerable trials where men's lives have been at stake, when any question of any adjournment at all would not come into the picture. But this case does not stop there. My next point is that on Counts One and Two , the common plan and aggressive war, the cases against the individual defendants were co-ordinated and the relevant documents collected in the individual presentations. In every case defendants' counsel had these documents and trial briefs by the latest at the middle of January. All the presentations were concluded by the 17th of January except for four. The matter has been brought up to date by the expositions of M. Dubost, M. Quatre, and by my Soviet colleagues as they went along.
SIR DAVID MAXWELL-FYFE: In addition, the transcripts, of which each defendant receives a copy in German, show the weight and emphasis which the Prosecution attach to the different individual cases. We all know, from our own experience, that you cannot prepare any defense in any trial without the burning of midnight oil; but I do impress upon the Tribunal that the assistance which has been given and the time which has been allowed is remarkable in this case. I want to deal much more shortly with the mechanical side of it, because Professor Kraus has been fair enough and good enough to say that the Prosecution have given assistance. And I want to say this, that we are quite prepared, when there is any question of photostating a German document, or of mimeographing or reproducing a document in any other way, or providing additional clerical assistance, to go beyond what we have done and to meet any request made to us to the utmost of our ability. Now I want to deal with the essential point which Professor Kraus has made, that the Prosecution have had a long time to prepare and develop their case, and Defense have corresponding rights. In my respectful submission, there is this essential difference between the case for the Prosecution and the case for the Defense. The Prosecution must cover the whole field; the Defense selects the issues on which it will make its fight. I respectfully disagree with the contention of Professor Kraus that that is altered by the fact that we are here dealing with a conspiracy charge. Whether the charge is conspiracy or not, there are certain facts which are not in dispute. There are certain facts which will be, as is indicated by Dr. Stahmer's memorandum, the subject of legal argument or discussion as to the true inference to be drawn from them; and the fact that a case is based on conspiracy does not alter the fact that certain matters are either going to be contradicted by evidence or left uncontradicted.
SIR DAVID MAXWELL-FYFE: I, myself, have seen nothing to suggest that, for example, the re-establishment of military forces in Germany, the occupation of the Rhineland, the Anschluss in Austria, the existence and circumstances of concentration camps, many of the actions of certain SS-divisions and bodies under Himmler, are going to be disputed at all, because the defendants' counsel have had the opportunity of cross-examining witnesses on many of these matters, and there has been no challenge by cross-examination. I do not question for the moment nor seek to deal with the decision of the Tribunal this morning, which, of course, I accept with the utmost loyalty, but I hope the Tribunal will not think it wrong for me to mention in explanation that the Prosecution were anxious for the Defense to eliminate the matters in issue and would have been prepared, so far as it lies with them, to agree to a certain time being given for that purpose. But yet, the defendants have said-and again I make no complaint-that they are not prepared to do it. Therefore, that reason for adjournment disappears. I do not want the Tribunal to think that we are either unimaginative or unreasonable. We know, because we have seen the other side of the shield, that there are certain mechanical matters and matters of conclusion of preparation which have to be done before a case is put forward. We quite appreciate that the defenders of Goering, of Hess, and of Ribbentrop may require a day or two to put their tackle in order, but I want to make clear that that, in our view, is quite different from a 3 weeks' adjournment. I respectfully agree with every word that Professor Kraus has said about the maintenance of the dignity of the Trial, but it is not essential, in my respectful submission, for the maintenance of the dignity of the Trial that the Trial should take place in slow time. That would not only be wrong, but it would be directly contrary to the portion of the Charter to which General Nikitchenko referred at Berlin.
SIR DAVID MAXWELL-FYFE: With regard to the witnesses, there are, as the Tribunal knows, certain difficult matters, in that, to begin with, the defendants asked for many witnesses who were very largely repetitive; and they have, as I judge the application, begun recently to get clear who are the essential witnesses, and the Tribunal will rule on that finally as it has indicated. I only take one other example. Professor Kraus mentioned the question of certain documents for which Dr. Kranzbuhler was asking, which were, as I understand it, U-boat diaries. I have arranged that Dr. Kranzbuhler's assistant will be enabled to go to London and examine these documents at his leisure in the Admiralty. That is on paper in our reply. I respectfully submit that that sort of attitude is the best and most helpful attitude for letting the Defense get what they wish. Mr. President, I have nearly exhausted my time, and I only say this in conclusion: The Prosecution has had to collate and co-ordinate actions taking place over a long period, certainly 12 years, in some cases 20 years. We have collated and co-ordinated the evidence of these actions. We have presented a case which is grounded mainly on the written statements or written records of statements made by the defendants themselves. The task before the Defense is to give the explanation that what they say is the true color of words that have been proved-and not disputed-to have come out of their own mouths. They have had the time which I have stated and which I shall not repeat, but that being the state of this case, it is the attitude of the Prosecution, with, as I say, every desire to help in any way that is possible in the actual work, whether it be mechanical or preparing documents or otherwise, that the defense cannot rightfully ask for further time for general reflection and consideration on a case which has that basis.
SIR DAVID MAXWELL-FYFE: We therefore respectfully but firmly object to any adjournment other than a matter of individual days, not more than a week, certainly-we should say less than that-for the purpose of completing preparations and putting mechanical tackle in order. That, Mr. President, is the attitude of all my colleagues.
THE PRESIDENT: The Tribunal will consider its decision on this matter and it will adjourn this afternoon at 4 o'clock in order to consider the other matters which are raised in Dr. Stahmer's memorandum.
SIR DAVID MAXWELL-FYFE: Very good. Before I sit down, I am asked by my colleagues to make this clear. I, myself, did not tie myself in my argument to any number of days because a weekend may intervene and different considerations may arise, but my colleagues wish it to be before the Tribunal that their view is that, taking into account the time which will elapse before the Soviet case is concluded, and the argument on the organization for which time has to be allowed, that 2 days is the figure they have in mind, although, as I say, a weekend may intervene which may add to that. I want to make it quite clear that we are quite definite. I am very grateful.
THE PRESIDENT: Colonel Smirnov, will you continue your address.
MR. COUNSELLOR SMIRNOV: I continue with the presentation of evidence in regard to Yugoslavia. In corroboration of the criminal system of hostages which was fully developed in Yugoslavia, the Government of Yugoslavia has submitted a series of originals and certified photostatic copies of different documents. I shall not submit my own comments on these documents which were incorporated into the report of the Yugoslav Government. I shall merely restrict myself to the presentation of the documents themselves, since they are definite and do not call for further comments I present as Document Number USSR-256(a) the original of an announcement, dated 12 August 1941, which mentioned the shooting of 10 hostages. The printed poster was signed by the German Police Commissioner in Lasko, Hradetzky. Further, as Document Number USSR-148, I present a certified photographic copy of announcement of the shooting of 57 persons. This poster, from 13 November 1941, was signed by Kutschera. Further, as Document Number USSR-144, I present a certified copy of an announcement of 21 January 1942, relating to the shooting of 15 hostages. The poster was signed by Roesener. Further, as Document Number USSR-145, I present a certified photographic copy of a poster announcing the shooting of 51 hostages, and the date is 1942, month unknown. The poster is signed by Roesener. Further, I present as Document Number USSR-146, an original announcement printed as a poster, signed by Roesener, which announced that on 31 March 1942, 29 hostages were shot. Further, I present as Document Number USSR-147 a certified photographic copy of the announcement, printed as a poster, which stated that on 1 July 1942, 29 hostages had been shot. I consider that the sum total of these documents is sufficient to prove that the system of hostages was widely used in Yugoslavia. To conclude my presentation of evidence in this particular field, I refer to Exhibit Number USSR-304 (Document Number USSR-304), Report Number 6 of the Yugoslav Extraordinary State Commission for the investigation of war crimes.
MR. COUNSELLOR SMIRNOV: I read one paragraph of this document into the record: "A group of hostages at Celje were strangled on hooks used by the butchers for hanging meat. In Maribor, the doomed, in groups of five, had to place the bodies of the hostages already executed in boxes and then load them into trucks. After that they themselves were shot, while the next group of five, in their turn, continued with the loading. This went on continuously. Sodna Street in Maribor was all soaked in blood pouring from the trucks." I end my quotation here. It seems to me that in submitting to the Tribunal a summary of the terroristic regime established in the countries of Western Europe, this summary would be incomplete without some mention of a country like Greece, a country which also was a victim of the terroristic regime which the German fascists had established. Therefore I present to the International Military Tribunal a report of the Government of the Greek Republic. This report is duly certified with the signature and seal of the Greek Ambassador in Great Britain, as well as of a member of the British Foreign Office. This document is submitted to the Tribunal as Exhibit Number USSR-79 (Document Number UK-82), and I shall read into the record a few excerpts from this report which concerns the setting up of the fascist terror regime in Greece and which also deals with the same criminal system of hostages. The war against Greece was declared by Germany on 6 April 1941, and already on 31 May the German commanding general in Athens had published a frankly terroristic order directed against the peaceful population of Greece. The direct pretext for publishing this was the fact that on 30 May 1941 the Greek patriots had torn down the swastika from the Acropolis. I here quote this order of the commanding general of the German Armed Forces in Greece, from the report of the Greek Government, on Page 33 of the Russian translation. This order threatens severe punishment for the following reasons: "a.
MR. COUNSELLOR SMIRNOV: Because in the night of 30-31 May, the German banner flying over the Acropolis was torn down by persons unknown. Those guilty of this act, as well as their accomplices, will be punished by death. "b. Because the press and the public opinion of all classes still express evident sympathy in favor of the English, now expelled from the continent of Europe." Therefore, even sympathy for the English brought the same terrible punishment. "c. Because events in Crete were not only not condemned, but were even favorably commented on in many circles." Here the commander of the German Armed Forces was evidently referring to the patriotic resistance of the inhabitants of the Island of Crete. "d. Because, although absolutely forbidden, repeated gestures of sympathy, such as gifts, flowers, fruit, cigarettes, et cetera, were made to British prisoners; and these demonstrations were tolerated by the Greek police who did not intervene to stop them with the means at their disposal. "e. Because the behavior of large number of Athenians towards the German Armed Forces has again become less friendly." From that time onwards the same regime of the German fascist terror was established in Greece that characterized the actions of the Hitlerite criminals in all the territories they occupied. In confirmation of that fact I cite the report of the Greek Government on Page 34 of the Russian translation. I quote, beginning with Line 4 from the top of the page: "In violation of Article 50 of the Hague Convention they systematically punished the innocent, adhering to the principle that the community as a whole must bear the responsibility in full for acts committed by individual persons. "They used starvation as an instrument of pressure and for weakening the spirit of resistance in the Greek population. Very few people were tried by courts-martial; and these, when held, were a mere parody of justice.
MR. COUNSELLOR SMIRNOV: They instituted a policy of reprisals, including the seizure and killing of hostages, mass murders, and the destruction and devastation of villages, for acts committed in their vicinity by individuals unknown. "The great majority of those executed were taken at random from the prisons and camps, without any possible relation to the act, in reprisal for which they were executed. The life of every citizen depended on the arbitrary decision of the local commander." It seems to me quite correct to consider the murder, in Greece, of thousands of people by starvation, as one of the most powerful factors of the terrorist regime established by the German fascists in Greece. In connection with this subject, the following statement is made on Page 36 of the Russian text: "It is an incontestable fact that a great majority of the Greek population lived on the verge of starvation for nearly 3 years. Many thousands suffered from real starvation for several months before relief shipments could reach them. As a result, the death rate increased by 500 or 600 percent in the capital and 800 to 1,000 percent in the Greek islands, as from September 1941 to April 1942. The infant mortality was 25 percent, and the health of the survivors was greatly undermined." The report of the Greek Government cites excerpts from reports of neutral missions. I quote one of these excerpts, which is on Page 38 of the Russian text of the Greek Government report. I begin the quotation: "During the winter of 1941-42 when famine reigned in the capital, conditions in the provinces were still tolerable. During the following winter, however, when Canadian relief for the larger towns had been swallowed up by the unrestricted market, the situation was very different. During our first tours of inspection, when investigating the situation in general, we met in March 1943 populations literally weeping for bread. Many villages lived only on a substitute bread baked with Ersatz flour, wild pears, and acorns-food ordinarily suitable for pigs.
MR. COUNSELLOR SMIRNOV: In many districts the population had seen no other bread since December. We were taken inside the houses and shown empty shelves and larders; we saw people cooking grass without oil, only to fill their stomachs somehow or other. The inhabitants of the poorer villages were all emaciated. The children, in particular, were often in a pitiful condition with skinny limbs and swollen stomachs. They had none of the vitality and happiness natural to children. It was quite usual for half the children to be unable to attend school." (Report of the Swedish delegates to the Peloponnesian Islands, January 1944.) In order to describe the hostage-holding regime established by the Hitler criminals in Greece, I shall also quote excerpts from the Greek Government report. From the text of this report it is quite evident that shootings of hostages during the first weeks of the German occupation of Greece were carried out on a wide scale. I quote, for this reason, an excerpt from the Greek report on Page 41. I begin at the third line from the top of the Russian text: "Hostages were taken indiscriminately and from every class of the population. Politicians, professors, scientists, lawyers, doctors, officers, civil servants, clergymen, manual workers, women, all those labeled as 'suspect' or 'Communist' were thrown into local prisons or concentration camps. Prisoners under interrogation were subjected to various ingenious forms of torture. Hostages were concentrated in places of confinement where the arrested persons were subjected to the most unbearable regime." The report of the Greek Government-also on Page 41 of the Russian text-states with regard to this matter: "The inmates were starved, beaten, and tortured. They were made to live under perfectly inhuman conditions without medical help or sanitation. There they were subjected to the refined sadism of the SS guards. Many were shot or hanged. Others died from cruel treatment or starvation, and only a few were released and survived until the date of the liberation of the country.
MR. COUNSELLOR SMIRNOV: Hostages were also deported to concentration camps in Germany: Buchenwald, Dachau, et cetera." The report gives the total number of hostages murdered. The same page contains the follow ing statement, "The number of hostages shot amounts to some 91,000." In order fully to understand on what a tremendous scale the Hitlerites committed their crimes in connection with the physical extermination of the Soviet people in the territory of the U.S.S.R., I ask the Tribunal to refer to Page 299 in their document book.
THE PRESIDENT: You are now passing away from Greece, are you, Colonel Smirnov?
MR. COUNSELLOR SMIRNOV: Yes, Sir.
THE PRESIDENT: We will take a recess then. [A recess was taken.]
MR. COUNSELLOR SMIRNOV: With your permission, Mr. President, and in accordance with the instruction of the Tribunal, I shall omit a number of items in my statement. These items, which I shall exclude from the text, amount to a number of pages; and I request your permission to tell the interpreters how many pages I skip. I draw the attention of the Tribunal to a document dealing with the large-scale extermination of Soviet nationals in the temporarily occupied districts of the U.S.S.R. In confirmation of this fact I refer to a document which you, Your Honors, will find on Page 291 of the document book, at the end of the last paragraph of the first column and on the second column of the text. This deals with the report of the Extraordinary State Commission of the Soviet Union concerning the destruction, plundering, and atrocities of the German fascist invaders in the town of Rovno and the Rovno region. I submit this document as Exhibit Number USSR-45 (Document Number USSR-45). I quote the results of the examination by legal-medical experts concerning the bodies of peaceful Soviet citizens murdered by the Germans and subsequently exhumed: "1. In all investigated burial places in the city of Rovno and its surroundings, over 102,000 corpses of peaceful citizens and prisoners of war, shot or murdered by other methods, were discovered. Out of this figure: "a) In the city of Rovno, near the lumber yard on Belaya Street, 49,000 corpses were discovered. "b) In the city of Rovno, on Belaya Street, in the vegetable gardens, 32,500. "c) In the village of Sossenki, 17,500. "d) In the stone quarries near the village of Vydumka, 3,000. "e) In the area surrounding Rovno prison, 500." I draw the attention of the Tribunal to the following text, where we read indications as to the distribution of certain methods of murder adopted by the criminals in the various periods. Mass shootings, as shown in the following Subparagraphs a, b, and c, took place in 1941. The extermination of peaceful citizens in the gas wagons occurred in 1943, as shown in Subparagraph d.