dtufail/nuremberg-trials-corpus huggingface dataset:
LT. MELTZER: May it please the Tribunal, before we adjourned we were dealing with Defendant Funk's role in the economic persecution of the Jews. As Your Honors will recall, in November of 1938 the death of Vom Rath in Paris was exploited by the Nazis' as a pretext for intensifying the persecution of the Jews. The new policy was directed at the complete elimination of the Jews from the economic life of Germany. The evidence we will offer will show that Defendant Funk took a significant part in both the formulation and execution of that policy. In this connection I would refer the Tribunal to Document Number 1816-PS which is already in the Record. This document is a report of the meeting on the Jewish question. It will be found, Your Honor, on Page 52 of the document book. This meeting was held under Goering's chairmanship on 12 November 1938. In opening the meeting, Defendant Goering stated - and I quote now from Page 1, Paragraph 1, of the translation; the corresponding page of the German document is also Page, 1: ". . . today's meeting is of a decisive nature. I have received a letter written by the chief of staff of the Fuehrer's Deputy, Bormann, on the Fuehrer's orders directing that the Jewish question be now, once and for all, co-ordinated and solved one way or another." Defendant Funk came to this meeting well prepared. He had a law already drafted which he submitted with the following explanation - I quote again from Document 1816- PS, Page 15: "I have prepared a law for this case which provides that as from 1 January 1939 Jews shall be prohibited from operating retail stores and mail-order establishments as well as independent workshops. They shall be further prohibited from hiring employees for that purpose or offering any goods on the market. Wherever a Jewish shop is operated, it is to be closed by the police. From 1 January 1939 a Jew can no longer operate a business in the sense of the law for the regulation of national labor of 20 January 1934." I believe we may omit the rest. It is all in the same tenor.
THE PRESIDENT: Yes.
LT. MELTZER: The substance of Defendant Funk's draft law promptly found its way into the Reichsgesetzblatt. On 12 November 1938 Defendant Goering signed a decree entitled, and I quote, ". . . for the Elimination of Jews from German Economic Life," and in Section 4 he authorized Defendant Funk to implement the provisions of the decree by issuing the necessary rules and regulations. An examination of the provisions of this decree, which is set forth in the Reichsgesetzblatt 1938, Part I, Page 1580, will reveal how well it deserved its title ". . . for the Elimination of the Jews from German Economic Life." Soon after the passage of the decree of 12 November, Defendant Funk delivered a speech on the Jewish question. He made it clear that the program of economic persecution was part of the larger program of extermination and he boasted of the fact that the new program insured the complete elimination of Jews from the German economy. I offer into evidence Document Number 3545-PS as Exhibit USA-659. This document, which is found on Page 76 of the document book, is a certified photostatic copy of Page 2 of the Frankfurter Zeitung of 17 November 1938. I quote a very brief portion of that speech: "State and economy constitute a single unit. They must be directed according to the same principles. The best proof of this is given by the most recent development of the Jewish problem in Germany. One cannot exclude the Jews from political life and yet let them live and work in the economic sphere." I shall omit the rest, with the request that the Tribunal take judicial notice of this reprint from the German newspaper, the Frankfurter Zeitung. I wish, however, to refer to only one more decree, signed by Defendant Funk himself. On the 3rd of December 1938 he signed a decree which imposed additional and drastic economic disabilities upon the Jews and subjected their property to confiscation and forced liquidation. This decree is set forth in the Reichsgesetzblatt 1938, Part I, Page 1709.
LT. MELTZER: Defendant Funk himself has admitted and deplored his responsibility for the economic persecution of the Jews. I offer into evidence Document Number 3544- PS, as Exhibit USA-660. This document, which is the last document in connection with this phase of the case, is an interrogation of Defendant Funk dated 22 October 1945. Your Honors will find it on Pages 102 and 103 of the document book. I wish to quote from Pages 26 to 27 of the interrogation. The corresponding page of the German translation is Page 21. Although I propose to quote enough to place Defendant Funk's statements in their proper context, I do not, of course, intend to give any credence to his attempts at self-justification: "Q: 'All the decrees excluding the Jews from industry were yours, were they not?"' Now, omitting the first nine lines of the reply: "A: 'As far as my participation in this Jewish affair is concerned, that was my responsibility, and I regretted later on that I ever participated. The Party had always brought pressure to bear on me to make me agree to the confiscation of Jewish property, and I refused repeatedly. But later on, when the anti-Jewish measures and the brutality against Jews were being carried out with full force, something legal had to be done to prevent the looting and confiscation of the whole of Jewish property.' "Q: 'You knew that the looting and all that was done at the instigation of the Party, didn't you?' "Here Defendant Funk wept and answered: "'That is when I should have resigned, in 1938. I am guilty. I am guilty. I admit that I am a guilty party here."' In the Propaganda Ministry, Defendant Funk, as we have seen, helped solidify the German people in favor of war. When he moved on to his position as Minister of Economics, and to other positions which will appear, he used his talents even more directly for the conspirators' main task: preparation for war.
LT. MELTZER: Immediately before Defendant Funk took over the Ministry of Economics from Defendant Schacht in 1938, there was a major reorganization of that ministry's functions which integrated it with the Four Year Plan as the supreme command of the German military economy. This reorganization was effected by a decree, dated 4 February 1938, signed by Goering as Commissioner of the Four Year Plan. This decree is set forth in an official monthly bulletin issued by Goering and entitled, in the English translation, The Four Year Plan, Volume II, 1938, Page 105. It is requested that the Tribunal take judicial notice of this publication. At this point I would simply note that that decree makes it clear that Defendant Funk assumed a critical role in the task of economic mobilization during a decisive period. Indeed, in 1938 he was directly charged with the task of preparing the German economy for war. By a secret decree he was made Plenipotentiary General for Economics and assumed the duties which once had been discharged by Defendant Schacht. In this connection I refer to Document 2194-PS, which has already been placed in evidence. This document, which is found on Page 111 of Your Honors' document books, consists of a letter dated 6 September 1939, and that letter transmitted a copy of the Reich Defense Law of 4 September 1938. It is this enclosure that we wish to deal with now. I wish to quote from Page 4 of the translation, Paragraphs 2 to 4: "It is the task of the GBW" - that is the Plenipotentiary General for Economics "to put all economic forces into the service of the Reich defense and to safeguard economically the life of the German nation. To him are subordinated: the Reich Minister of Economics, the Reich Minister of Food and Agriculture, the Reich Minister of Labor..." and so on.
LT. MELTZER: "He is furthermore responsible for directing the financing of the Reich defense within the realm of the Reich Finance Ministry and the Reichsbank." To quote one more paragraph: "The GBW must fulfill the demands of the OKW which are of essential importance for the Armed Forces and must ensure the economic conditions necessary for the production of the armament industry directly managed by the OKW, according to the requirements of the latter." This law, in essence, re-enacted the provisions previously passed in the Reich Defense Law of 1935, and I will not trouble the Tribunal with further reading. I do wish to note, however, that the law was, at the specific direction of Hitler, kept secret and that it was signed by Defendant Funk, among others, as Plenipotentiary General for Economics. Your Honors will find Defendant Funk's signature on the next to the last page of the document, and I invite your attention to the names of his co-signers. Defendant Funk, in a speech which he delivered on 14 October 1939, explained how, as Plenipotentiary General for Economics, he had for a year and a half prior to the launching of the aggression against Poland, advanced Germany's economic preparations for war. I offer into evidence Document Number 3324-PS as Exhibit USA-661. This document is a German book by Berndt and Von Wedel entitled, in the English translation, Germany in the Fight. That book reprints the defendant's speech. I quote now from Page 2 of the translation of Document Number 3324-PS, which is found on Page 116 of the document book. The translation of this speech is somewhat awkward, and with the Tribunal's permission I would rephrase it somewhat without changing its substance in the slightest.
LT. MELTZER: "Although all economic and financial departments were harnessed to the task of the Four Year Plan under the leadership of General Field Marshal Goering, Germany's economic preparation for war was also secretly advanced in another sector for well over a year, namely, through the formation of a national guiding apparatus for special war economy tasks which would have to be accomplished the moment that war became a fact. For this work all economic departments were combined into one administrative authority, the Plenipotentiary General for Economics, to which position the Fuehrer appointed me one and a half years ago."
THE PRESIDENT: What was the date of that?
LT. MELTZER: The date of that speech, Sir, is 14 October 1939. In his dual capacity as Plenipotentiary General for Economics and Minister of Economics, Defendant Funk was naturally advised of the requirements which the conspirators' program of aggression imposed on the German economy. In this connection I would invite the Tribunal's attention to Document Number 1301-PS, which is already in evidence. As Your Honors will recall, this document is a top-secret report of the conference held in Defendant Goering's office on 14 October 1938. Your Honors will find it on Page 142 of the document book. I shall simply summarize the relevant portions of this document. During the conference Goering referred to the world situation and to Hitler's directive to organize a gigantic armament program. He thereupon directed the Ministry of Economics to increase exports in order to obtain the foreign exchange necessary for stepping up armament. He added, as Your Honors Will recall, that the Luftwaffe must be increased fivefold, that the Navy should arm more quickly, and that the Army should accelerate the production of weapons for attack. Defendant Goering's words directed at Funk, among others, were the words of a man already at war; and his emphasis on quintupling the Air Force and on weapons for attack was that of a man waging aggressive war. After Schacht's departure Funk was a key figure in the preparation of plans to finance the war. This was natural, since Defendant Funk after 1939 occupied three positions crucial to war finance. Two we have already named: Minister of Economics and Plenipotentiary General for Economics. In addition, he was President of the Reichsbank. Funk's role in war financing is illustrated by Document Number 3562-PS, which I now offer in evidence as Exhibit USA- 662. This document was found in the captured files of the Reich Ministry of Economics. It consists, in part, of a letter from the Plenipotentiary General for Economics, signed on his behalf by Dr. Posse.
LT. MELTZER: The letter is dated 1 June 1939 and encloses the minutes of a conference concerning the financing of the' war which was held under the chairmanship of Funk's undersecretary in the Ministry of Economics, Dr. Landfried. A copy of the document which I have offered into evidence bears a marginal note on Page 1 in the bottom lefthand corner, dated 5 June, stating, and I quote: "To be shown to the Minister," that is, Funk "for his information." During the course of the meeting, which was attended by 12 officials, five of whom were directly responsible to Defendant Funk in his various capacities,. the conferees discussed a memorandum regarding war finance which had been prepared by the Plenipotentiary General for Economics on May 9, 1939. I wish to quote briefly from Page 2 of the English translation, which is found on Page 153 of Your Honors' document book: "Then a report was made of the contents of the 'Notes on the question of Internal Financing of War' of 9, May of this year, in which the figures given to me by the Reich Minister of Finance were also discussed. It was pointed out that the Plenipotentiary General for Economics is primarily interested in introducing into the legislation for war finance the idea of financing war expenditures by future revenues to be expected after the war." And, if I may quote another brief excerpt from this important memorandum, which is found on Page 2 of the English translation, Page 153 of your document books: "State Secretary Neumann first submitted for discussion the question of whether, in case of war, production would be able to meet, to the extent supposed, the demands of the Armed Forces, especially if the demands of the Armed Forces, as stated in the above report, should increase to approximately 14,000 millions in the first 3 months of war.
LT. MELTZER: He stated that if the production potential of the present Reich territory is taken as a basis he doubts the possibility of such an increase." It is plain then that Defendant Funk exercised comprehensive authority over large areas of the German economy whose proper organization and direction were critical to effective war preparation. The once powerful military machine which rested on the foundation of thorough economic preparation was a tribute to the contribution which Defendant Funk had made to Nazi aggression. And Funk made this contribution with full knowledge of the plans for military aggression. A compelling inference of such knowledge would arise from the combination of several factors: From Funk's long and intimate association with the Nazi inner circle; from the very nature of his official functions; from the war dominated setting of Nazi Germany; from the fact that force and the threat of force had become the primary and the open instruments of German foreign policy. And the final element in weighing the question of Defendant Funk's knowledge is, of course, the fact that, at the same time that Defendant Funk was making economic preparation, specific plans for aggression were being formulated plans which were carried out and plans which could be effectively carried out only if they were synchronized with the complementary economic measures. The conclusion concerning Defendant Funk's knowledge is reinforced beyond any question by considering, in the light of the factors described above, the more specific and direct evidence which has already been placed into the Record. We have seen from Document 1760-PS that Defendant Funk had told Mr. Messersmith that the absorption of Austria by Germany was a political and economic necessity, and that it would be achieved by whatever means were necessary. We have already referred to Document Number 1301- PS, in which Defendant Goering laid down directives which could be understood only as directives to prepare the economic basis for aggression.
LT. MELTZER: And Document Number 3562-PS has revealed that Defendant Funk was making detailed plans for financing the war, that is, of course, a particular war, the war against Poland. In this connection I wish to refer to another vital piece of evidence which has already been introduced in the Record. It is the letter dated 25 August 1939 which Defendant Funk wrote to Hitler. In that letter, as Your Honors will recall, Defendant Funk expressed his gratitude at being able to experience those world-shaking times and to contribute to those tremendous events. And he thanked Hitler for approving his proposals designed to prepare the German economy for the war. Moreover, the Record contains evidence showing that Defendant Funk, both personally and through his representatives, participated in the economic planning which preceded the military aggression against the Soviet Union. I would refer the Tribunal to Document 1039-PS, which revealed that in April of 1941 Defendant Rosenberg, who had been appointed deputy for the centralized treatment of problems related to the occupation of the Eastern territories, that is, the Soviet Union, discussed with Defendant Funk the economic problems which would arise when the plans for aggression in the East matured. And Document 1039-PS also reveals that Defendant Funk appointed one Dr. Schlotterer as his deputy to collaborate with Rosenberg in connection with the exploitation of the Eastern territories and that Schlotterer met with Defendant Rosenberg almost daily. It is clear, then, that Defendant Funk participated in every phase of the conspirators' program, from their seizure of power to their final defeat. Throughout he worked effectively, if sometimes more quietly than others, on behalf of the Nazi program, a program which from the very beginning he knew contemplated the use of ruthless terror and force within Germany and, if necessary, outside of Germany. He bears, we submit, a special, a direct, and a heavy responsibility for the commission of Crimes against Humanity, Crimes against Peace, and War Crimes.
LT. MELTZER: The Record makes it clear, if we may summarize the evidence, that by virtue of his activities in the Ministry of Propaganda and in the Ministry of Economics he is responsible for stimulating and engaging in the unrelenting persecution of the Jews and other minorities, for psychologically mobilizing the German people for aggressive war, and for weakening the willingness and capacity of the conspirators' intended victims to resist aggression. It is also clear, we submit, that Defendant Funk, with full knowledge of the conspirators' purposes, in his capacity as Minister of Economics, President of the Reichsbank, and Plenipotentiary General for Economics, actively participated in the mobilization of the German economy for aggression. In these capacities and as a member of the Ministerial Council for Defense and the Central Planning Board he also participated in the waging of aggressive war. Moreover, by virtue of his membership in the Central Planning Board, which, as Your Honors will recall from Mr. Dodd's presentation, formulated and directed the program for the enslavement, the exploitation, and degradation of millions of foreign workers, Defendant Funk also shares special responsibility for the Nazi slave-labor program. The French Prosecution, I am informed, will deal with this matter in greater detail. Moreover, the French and Soviet Prosecution will submit evidence showing that Defendant Funk actively participated in the program for the criminal looting of the resources of occupied territories.
MR. DODD: May it please the Tribunal, we would like to call at this time the witness, Dr. Franz Blaha. [The witness, Blaha, took the stand.] THE PRESIDENT [To the witness]: Is your name Franz Blaha? DR. FRANZ BLAHA (Witness) [In Czech.]: Dr. Franz Blaha.
THE PRESIDENT: Will you repeat this oath: "I swear by God the Almighty and Omniscient - that I will speak the truth, the pure truth - and will withhold and add nothing." [The witness repeated the oath.]
THE PRESIDENT: You can sit down if you wish.
MR. DODD: You are Dr. Franz Blaha, a native and a citizen of Czechoslovakia, are you not?
BLAHA: [In Czech.] Yes.
MR. DODD: I understand that you are able to speak German, and for technical reasons I suggest that we conduct this examination in German, although I know your native tongue is Czech; is that right?
BLAHA: [In Czech.] In the interest of the case I am willing to testify in German for the following reasons: 1. For the past 7 years, which are the subject of my testimony, I have lived exclusively in German surroundings; 2. A large number of special and technical expressions relating to life in and about the concentration camps are purely German inventions, and no appropriate equivalent for them in any other language can be found.
MR. DODD: Dr. Blaha, by education and training and profession you are a doctor of medicine?
BLAHA: [In German.] Yes.
MR. DODD: And in 1939 you were the head of a hospital in Czechoslovakia?
BLAHA: Yes.
MR. DODD: You were arrested, were you not, by the Germans in 1939 after they occupied Czechoslovakia?
BLAHA: Yes.
MR. DODD: And were you confined in various prisons between 1939 and 1941?
BLAHA: Yes.
MR. DODD: From 1941 to April of 1945 you were confined at Dachau Concentration Camp?
BLAHA: Yes, until the end.
MR. DODD: When that camp was liberated by the Allied Forces?
BLAHA: Yes.
MR. DODD: You executed an affidavit in Nuremberg on the 9th day of January of this year, did you not?
BLAHA: Yes.
MR. DODD: This affidavit, if it please the Tribunal, bears the Document Number 3249-PS, and I wish to offer it at this time. It is Exhibit USA-663. I feel that we can reduce the extent of this interrogation by approximately three-fourths through the submission of this affidavit and I should like to read it. It will take much less time to read this affidavit than it would to go through it in question and answer form and it covers a large part of what we expect to elicit from this witness.
THE PRESIDENT: Very well.
MR. DODD: I wouldn't have read it if we had had time to have a Russian and French translation, but unfortunately that wasn't possible in the few days we had. "I, Franz Blaha, being duly sworn, depose and state as follows: "1. I studied medicine in Prague, Vienna, Strasbourg, and Paris and received my diploma in 1920. From 1920 to 1926 I was a clinical assistant. In 1926 I became chief physician of the Iglau Hospital in Moravia, Czechoslovakia. I held this position until 1939 when the Germans entered Czechoslovakia and I was seized as a hostage and held a prisoner for co-operating with the Czech Government. I was sent as a prisoner to the Dachau Concentration Camp in April 1941 and remained there until the liberation of the camp in April 1945. Until July 1941 I worked in a punishment company. After that I was sent to the hospital and subjected to the experiments in typhoid being conducted by Dr. Muermelstadt. After that I was to be made the subject of an experimental operation and succeeded in avoiding this only by admitting that I was a physician. If this had been known before, I would have suffered, because intellectuals were treated very harshly in the punishment company. In October 1941 I was sent to work in the herb plantation and later in the laboratory for processing herbs. In June 1942 I was taken into the hospital as a surgeon. Shortly afterwards I was directed to perform a stomach operation on 20 healthy prisoners. Because I would not do this I was transferred to the autopsy room where I stayed until April 1945. While there I performed approximately 7,000 autopsies. In all, 12,000 autopsies were performed under my direction. "2. From the middle of 1941 to the end of 1942 some 500 operations on healthy prisoners were performed. These were for the instructions of the SS medical students and doctors and included operations on the stomach, gall bladder, and throat. These were performed by students and doctors of only 2 years' training, although they were very dangerous and difficult.