dtufail/nuremberg-trials-corpus huggingface dataset:
SIR DAVID MAXWELL-FYFE: May it please the Tribunal, I wonder if the Tribunal would allow me to make a very short explanation as to the source of the document with regard to Stalag Luft III which the Tribunal discussed yesterday.
THE PRESIDENT: Yes.
SIR DAVID MAXWELL-FYFE: The position was that when evidence for this Trial was being collected, each government that might be concerned was written to and asked if they would produce government reports, and they have produced government reports which have been put before the Tribunal by the various sections of the Prosecution. The document with regard to the shooting of the prisoners in Stalag Luft III was a British Government report of the same type. It was compiled from various information, which is included in the appendices; that information included the interrogation of General Westhoff, which had been sent to the United Nations War Crimes Commission as thousands of other documents were sent, for that Commission to consider whether any action should be taken from the matters disclosed. That document was then sent from the United Nations War Crimes Commission to the British Government and dealt with as part of the material on which the British Government report was based. The British Government report is certified by myself to be a Government report, and I have specific authority from His Majesty's Government in Britain to perform such certification. It is very short, and it might be convenient if I read it so that it appears in the record. I have the copy, which was sent to me on the official Cabinet paper, purporting to be signed by Sir Edward Bridges, the Secretary to the Cabinet. The original was sent to the Attorney General, and the document is jointly to us both; but there is no doubt as to its authenticity; and the original can be produced, if necessary. The document reads: "His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland has authorized the Right Honorable Sir Hartley Shawcross, K. C., M. P., the Chief Prosecutor for the United Kingdom, appointed under Article 14 of the Charter, annexed to the agreement dated the 8th day of August 1945, and the Right Honorable Sir David Maxwell-Fyfe, K. C., M.
SIR DAVID MAXWELL-FYFE: P., the Deputy Chief Prosecutor for the United Kingdom, to certify those documents to be produced at the trial of war criminals before the International Military Tribunal which are documents of His Majesty's Government in the United Kingdom." My respectful submission is, therefore, that on my certification the document becomes a governmental document within Article 21, and it is thereupon a mandatory injunction to the Tribunal that it shall take judicial notice of such a document. At that point the document, in my respectful submission to the Tribunal, should be taken into evidence. And it is then, of course, a matter for the Defense, if they wish to call any witness, to make such application as they desire and for the Tribunal to rule on it. But as a point of construction, I respectfully submit that once a document is certified as a government document, as all these government reports are, the Charter enjoins the Tribunal to take judicial notice of them.
THE PRESIDENT: Sir David, the Tribunal did admit the document yesterday; but they are glad of your explanation. Nothing in the order that they made is in any way inconsistent with what you have now said.
SIR DAVID MAXWELL-FYFE: If Your Lordship pleases.
MR.COUNSELLOR SMIRNOV: May I continue, Mr. President?
THE PRESIDENT: Yes, Colonel Smirnov.
MR. COUNSELLOR SMIRNOV: Your Honors, I would like to recall to you certain figures which I mentioned yesterday afternoon. I am speaking about the number of Jews who were exterminated in Poland and Czechoslovakia. I allow myself to remind the Tribunal that the figures I mentioned yesterday, which were based on the report of the Polish Government, show that 3 million Jews in Poland have been exterminated. In Czechoslovakia out of 118,000 Jews only 6,000 remain. I would now like to pass on to the report of the Yugoslav Government and will quote one paragraph, which the Tribunal will find on Page 75 of the document book, third paragraph: "Out of 75,000 Yugoslav Jews and about 5,000 Jewish emigrees from other countries who were in Yugoslavia at the time of the attack -- that is to say, out of a total number of about 80,000 Jews -- only some 10,000 persons survived the German occupation." I beg the Tribunal to call to this Court a witness who will confirm these data. He is Abram Gerzevitch Suzkever, a Jewish writer, who together with his family became a victim of the German fascist criminals who had temporarily occupied the territory of the Lithuanian Soviet Republic. I beg the Tribunal to allow me to question this witness. [The witness, Suzkever , took the stand.]
THE PRESIDENT: What is your name?
ABRAM GERZEVITCH SUZKEVER (Witness): Suzkever.
THE PRESIDENT: Are you a Soviet citizen?
SUZKEVER: Yes.
THE PRESIDENT: Will you repeat after me: I -- and mention your name -- citizen of the Union of Soviet Socialist Republics -- summoned as a witness in this Trial -- do promise and swear -- in the presence of the Court -- to tell the Court nothing but the truth -- about everything I know in regard to this case. [The witness repeated the oath in Russian.]
THE PRESIDENT: You may sit down, if you wish.
MR. COUNSELLOR SMIRNOV: Please tell me, Witness, where did the German occupation find you?
SUZKEVER: In the town of Vilna.
MR. COUNSELLOR SMIRNOV: You stayed in this town for long time during the German occupation?
SUZKEVER: I stayed there from the first to nearly the last day of the occupation.
MR. COUNSELLOR SMIRNOV: You witnessed the persecution of the Jews in that city?
SUZKEVER: Yes.
MR. COUNSELLOR SMIRNOV: I would like you to tell the Court about this.
SUZKEVER: When the Germans seized my city, Vilna, about 80,000 Jews lived in the town. Immediately the so-called Sonderkommando was set up at 12 Vilenskaia Street, under the command of Schweichenberg and Martin Weiss. The man-hunters of the Sonderkommandos, or as the Jews called them, the "Khapun,' broke into the Jewish houses at any time of day or night, dragged away the men, instructing them to take a piece of soap and a towel and herded them into certain buildings near the village of Ponari about 8 kilometers from Vilna. From there hardly one returned. When the Jews found out that their kin were not coming back, a large part of the population went into hiding. However, the Germans tracked them with police dogs. Many were found, and any who were averse to going with them were shot on the spot. I have to say that the Germans declared that they were exterminating the Jewish race as though legally. On 8 July an order was issued which stated that all Jews should wear a patch on their back; afterwards they were ordered to wear it on their chest. This order was signed by the commandant of the town of Vilna, Zehupfennig. But 2 days later some other commandant named Neumann issued a new order that they should not wear these patches but must wear the yellow Star of David.
MR. COUNSELLOR SMIRNOV: And what does this yellow Star of David mean?
SUZKEVER: It was a six-pointed patch worn on the chest and on the back, in order to distinguish the Jews from the other inhabitants of the town. On another day they were ordered to wear a blue band with a white star. The Jews did not know which insignia to wear as very few lived in the town. Those who did not wear this sign were immediately arrested and never seen again. On 17 July 1941 I witnessed a large pogrom in Vilna on Novgorod Street. The inciters of this pogrom were the forenamed Schweichenberg and Martin Weiss, a certain Herring, and Schonhaber, a German Gestapo chief. They surrounded this district with Sonderkommandos. They drove all the men into the street, told them to take off their belts and to put their hands on their heads like this [demonstrating] . When that order had been complied with, all the Jews were driven along into the Lukshinaia prison. When the Jews started to march off, their trousers fell down and they couldn't walk. Those who tried to hold up their trousers with their hands were shot then and there in the street. When we walked in a column down the street, I saw with my own eyes the bodies of about 100 or 150 persons who had been shot in the street. Blood streamed through the street as if a red rain had fallen. In the first days of August 1941 a German seized me in the Dokumenskaia Street. I was then going to visit my mother. The German said to me, "Come with me, you will act in the circus." As I went along I saw that another German was driving along an old Jew, the old rabbi of this street, Kassel, and a third German was holding a young boy. When we reached the old synagogue on this street I saw that wood was piled up there in the shape of a pyramid. A German drew out his revolver and told us to take off our clothes. When we were naked, he lit a match and set fire to this stack of wood. Then another German brought out of the synagogue three scrolls of the Torah, gave them to us, and told us to dance around this bonfire and sing Russian songs. Behind us stood the three Germans; with their bayonets they forced us toward the fire and laughed.
SUZKEVER: When we were almost unconscious, they left. I must say that the mass extermination of the Jewish people in Vilna began at the moment when District Commissar Hans Fincks arrived, as well as the referent, or reporter on the Jewish problems, Muhrer. On 31 August, under the direction of District Commissioner Fincks and Muhrer...
THE PRESIDENT: Which year?
SUZKEVER: 1941.
THE PRESIDENT: Go on.
SUZKEVER: Under the direction of Fincks and Muhrer, the Germans surrounded the old Jewish quarter of Vilna, taking in Rudnitskaia and Jewish Streets, Galonsky Alley, the Shabelsky and Strashouna Streets, where some 8 to 10 thousand Jews were living. I was ill at the time and asleep. Suddenly I felt the lash of a whip on me. When I jumped up from my bed I saw Schweichenberg standing in front of me. He had a big dog with him. He was beating everybody and shouting that we must all run out into the courtyard. When I was out in the courtyard, I saw there many women, children, and aged persons -- all the Jews who lived there. Schweichenberg had the Sonderkommando surround all this crowd and said that they were taking us to the ghetto. But, of course, like all their statements, this was also a lie. We went through the town in columns and were led toward Lutishcheva Prison. All knew that we were going to our death. When we arrived at Lutishcheva Prison, near the so-called Lutishkina market, I saw a whole double line of German soldiers with white sticks standing there to receive us. While we had to pass between them they beat us with sticks. If a Jew fell down, the one next to him was told to pick him up and carry him through the large prison gates which stood open. Near the prison I took to my heels. I swam across the River Vilia and hid in my mother's house. My wife, who was put in prison and then managed to escape later on, told me that there she saw the well-known Jewish scientist Moloch Prilutzky, who was almost dead, the president of the Jewish Society of Vilna, Dr. Jacob Wigotzky, and the young Jewish historian, Pinkus Kohn. The famous artists Hash and Kadisch were lying dead. The Germans flogged, robbed, then drove away all their victims to Ponari. On 6 September at 6 o'clock in the morning thousands of Germans, led by District Commissar Fincks, by Muhrer, Schweichenberg, Martin Weiss, and others, surrounded the whole town, broke into the Jewish houses, and told the inhabitants to take only that which they could carry off in their hands and get out into the street.
SUZKEVER: Then they were driven off to the ghetto. When they were passing by Wilkomirowskaia Street where I was, I saw the Germans had brought sick Jews from the hospitals. They were all in blue hospital gowns. They were all forced to stand while a German newsreel operator, who was driving in front of the column, filmed this scene. I must say that not all the Jews were driven into the ghetto. Fincks did this on purpose. He drove the inhabitants of one street to the ghetto and the inhabitants of another street to Ponari. Previously the Germans had set up two ghettos in Vilna. In the first were 29,000 Jews, and in the second some 15,000 Jews. About half the Jewish population of Vilna never reached the ghetto; they were shot on the way. I remember how, when we arrived at the ghetto . . .
MR. COUNSELLOR SMIRNOV: Just a moment, Witness. Did I understand you correctly, that before the ghetto was set up, half the Jewish population of Vilna was already exterminated?
SUZKEVER: Yes, that is right. When I arrived at the ghetto I saw the following scene: Martin Weiss came in with a young Jewish girl. When we went in farther, he took out his revolver and shot her on the spot. The girl's name was Gitele Tarlo.
MR. COUNSELLOR SMIRNOV: Tell us, how old was this girl?
SUZKEVER: Eleven. I must state that the Germans organized the ghetto only to exterminate the Jewish population with greater ease. The head of the ghetto was the expert on Jewish questions, Muhrer, and he issued a series of mad orders. For instance, Jews were forbidden to wear watches. The Jews could not pray in the ghetto. When a German passed by, they had to take off their hats but were not allowed to look at him.
MR. COUNSELLOR SMIRNOV: Were these official orders?
SUZKEVER: Yes, issued by Muhrer.
MR. COUNSELLOR SMIRNOV: Were they posted?
SUZKEVER: Yes, they were posted in the ghetto. The same Muhrer, when he visited the ghetto, went into the shops where the Jews were working for him and ordered all workers to fall down on the ground and bark like dogs. On Atonement Day in 1941 Schweichenberg and the same Sonderkommando broke into the second ghetto and seized all the old men who were praying in the synagogues and drove them to Ponari. I remember when Schweichenberg went to the second ghetto and the man-hunters seized the Jews.
MR. COUNSELLOR SMIRNOV: Who were these hunters?
SUZKEVER: The soldiers of the Sonderkommando who seized the Jews and whom the population called the hunters.
MR. COUNSELLOR SMIRNOV: So they were soldiers of the Sonderkommando, whom the population called hunters?
SUZKEVER: Yes, that is so. These hunters dragged the Jews out of the cellars and tried to drive them to Ponari. But the Jews knew that nobody returned alive and did not want to go. Then Schweichenberg began to shoot at the inhabitants of the ghetto. I remember that there was a big dog at his side; and when this dog heard the shots, it jumped at Schweichenberg and began to bite his throat like a mad dog. Then Schweichenberg killed this dog and told the Jews to bury it and to cry over its grave. We really cried then -- we cried because it was not Schweichenberg but the dog that had been buried. At the end of December 1941 an order was issued in the ghetto which stated that the Jewish women must not bear children.
MR. COUNSELLOR SMIRNOV: I would like you to tell us how, or in what form, this order was issued by the German fascists.
SUZKEVER: Muhrer came to the hospital in Street Number 6 and said that an order had come from Berlin to the effect that Jewish women should not bear children and that if the Germans found out that a Jewish woman had given birth, the child would be exterminated. Towards the end of December in the ghetto my wife gave birth to a child, a boy. I was not in the ghetto at that time, having escaped from one of these so-called "actions." When I came to the ghetto later I found that my wife had had a baby in a ghetto hospital. But I saw the hospital surrounded by Germans and a black car standing before the door. Schweichenberg was standing near the car, and the hunters of the Sonderkommando were dragging sick and old people out of the hospital and throwing them like logs into the truck. Among them I saw the well-known Jewish writer and editor, Grodnensky, who was also dragged and dumped into this truck. In the evening when the Germans had left, I went to the hospital and found my wife in tears. It seems that when she had had her baby, the Jewish doctors of the hospital had already received the order that Jewish women must not give birth; and they had hidden the baby, together with other newborn children, in one of the rooms. But when this commission with Muhrer came to the hospital, they heard the cries of the babies. They broke open the door and entered the room. When my wife heard that the door had been broken, she immediately got up and ran to see what was happening to the child. She saw one German holding the baby and smearing something under its nose. Afterwards he threw it on the bed and laughed. When my wife picked up the child, there was something black under his nose. When I arrived at the hospital, I saw that my baby was dead. He was still warm. On the next day I went to my mother in the ghetto, and I found her room empty. A prayer book was still open on the table and a glass of tea, not yet touched. I learned that in the night the Germans had surrounded this house, seized all the inhabitants, and driven them off to Ponari.
SUZKEVER: In the last days of December 1941 Muhrer gave a present to the ghetto. A carload of shoes belonging to the Jews executed at Ponari was brought into the ghetto. He sent these old shoes as a gift to the ghetto. Among them I recognized my mother's. Shortly afterwards the second ghetto was liquidated, and the German newspaper in Vilna announced that the Jews from this district had died of an epidemic. On 23 December 1941, in the night, Muhrer came and distributed among the population 3,000 yellow tickets, the so-called Ausweise. Those who had these tickets were allowed to register their relatives; that meant some 9,000 persons. At that time about 18 to 20 thousand people lived in the ghetto. Those who had these yellow tickets went to work the next day; and the others, who remained in the ghetto without these tickets and did not want to go to their death, were slaughtered in the ghetto itself. The rest were driven away to Ponari. I have a document which I found after the liberation of the town of Vilna, concerning the Jewish clothing from Ponari. If this document interests you I can show it to you.
THE PRESIDENT: Do you have the document?
MR. COUNSELLOR SMIRNOV: I do not know of this document either, Mr. President.
SUZKEVER: [Continuing.] This document reads as follows -- I will read only a few lines... [The witness read the document in German, and only part of it was translated. It was later identified as Document USSR-444.]
MR. COUNSELLOR SMIRNOV: Witness, as you have read this document, you must hand it over to the Tribunal, as otherwise we cannot judge this document.
SUZKEVER: Certainly.
THE PRESIDENT: Will you tell us first of all where the document was found?
SUZKEVER: I found this document at the district commissioner's building in Vilna, in July 1944, when our city was already liberated from the German invaders.
THE PRESIDENT: Where did you say it was found?
SUZKEVER: In the building of the District Commissar in Vilna on the Gedemino Street.
THE PRESIDENT: Was that the building occupied by the Germans?
SUZKEVER: Yes, it was the headquarters of the German District Commissioner of Vilna. Hans Fincks and Muhrer lived there.
THE PRESIDENT: Well, read the part of the document you were reading just now; we did not hear it.
SUZKEVER: Certainly. "To the District Commissioner at Vilna: Pursuant to your order, the old Jewish clothing from Ponari is at present being disinfected by this establishment and delivered to the administration of Vilna."
THE PRESIDENT: Will you hand it in, please?
MR. COUNSELLOR SMIRNOV: Please, Witness, I am interested in the following question: You said that at the beginning of the German occupation 80,000 Jews lived in Vilna. How many remained after the German occupation?
SUZKEVER: After the occupation about 600 Jews remained in Vilna.
MR. COUNSELLOR SMIRNOV: Thus, 79,400 persons were exterminated?
SUZKEVER: Yes.
MR. COUNSELLOR SMIRNOV: Your Honors, I have no further questions to ask of the witness.
THE PRESIDENT: Does any other Chief Prosecutor want to ask any questions?
SIR DAVID MAXWELL-FYFE: No questions.
MR. DODD: No questions.
THE PRESIDENT: Does any member of the defendants' counsel wish to ask any questions? No? Then the witness can retire. [The witness left the stand.] Yes, Colonel Smirnov.
MR. COUNSELLOR SMIRNOV: Mr. President, I would like to modify the plan of my statement and leave out just now that chapter of my statement which is entitled, "Religious Persecutions," to which I shall come back a little later. I would now like, with your permission, to take up that part of my statement which is entitled, "Experiments on Living Persons." It is on Page 47 of the Russian text. Before this part of my statement, I would like to quote a few short extracts from a document which has not as yet been read into the record by our United States colleagues, because the main part of this document refers to experiments which were described in detail by the United States Prosecution with the help of other documents. This document is registered under Document Number 400-PS (Exhibit Number USSR-435). It refers to experiments by Dr. Rascher. It is submitted to the Tribunal as a photostat copy, which includes a series of documents. I quote two paragraphs only from this Document Number 400-PS. These two paragraphs testify to the predilection of Dr. Rascher for the Auschwitz Camp. This extract is on Page 149 of the document book, last paragraph: "It would be simpler if I were soon transferred to the Waffen-SS and could visit the Auschwitz Camp with Jeff, where I could, by a series of large scale experiments, solve the problem of reviving people who had been frozen on land. For these experiments Auschwitz is in every respect better adapted than Dachau, for the climate is colder there and, as the camp area is larger, less attention will be attracted. The victims yell when they are being frozen. "If it is agreeable to you, esteemed ReichsFuehrer, to have these experiments -- so important for our land forces -- quickly carried out at Auschwitz (or in Lublin or any other Eastern camp), I would respectfully beg you to give the necessary orders in the near future so that we could yet profit by the last cold, winter weather. With most obedient greetings I am, in sincere gratitude, Heil Hitler, your always devoted servant, S.