Letter to the Minister of Justice concerning extra-judicial executions by the police

1st copy
President of the High District Court and Chief Public Prosecutor
Kattowitz, 3 December 1941
Nikolai Str. 1, Entrance Wilhemsplatz Tel.; 34608 and 34610 VS 4 E - 1. 51 secret
[illegible notations]
file nr. 229
478
674-PS
"SECRET" only
To the Reich Minister of Justice, Attention: Chief Councillor to the Government Stadermann or Representative in Office.
Berlin
Re: Executions by the Police and Expediting of Penal Procedure Without Order.
Inclosure: 1 copy of report
About 3 weeks ago 6 chief agents (partially German) were hanged by the police in connection with the destruction of a treasonable organization of 350 members in Tarnowitz without notification of the ministry of justice. Such execution of criminal agents in the Bielitz district have already been made before also without the knowledge of the proper authority for criminal persecution. On 2 December 1941 the head of the state police at Katto-witz, chief councillor to the government Mildner, reported orally to the undersigned that he had ordered as necessary immediate action, with authority from the Reich-leader of the SS these executions by public hanging at the place of the crime; and that deterring measures would also have to be continued in the future until the criminal and actively anti-German powers in the occupied Eastern territories have been destroyed, or until other immediate actions, perhaps also by the courts, would guarantee equal frightening effect. Accordingly, 6 leaders of another Polish organization guilty of high treason in the district in and around Sosnowitz were to be hanged publicly today as an example.
About this procedure the undersigned expressed considerable doubts.
Besides the fact that such measures have been withdrawn from the jurisdiction of the ordinary courts and are contradictory to the laws not put out of effect, a justified emergency for the exceptional proceedings by the police alone cannot, in our opinion, be lawfully recognized. »
The penal justice in our district within the limits of our jurisdiction is quite capable of fulfilling its duty of immediate penal retribution by means of a special form of special judicial activity (establishment of a so-called rapid special court). Indictment and proceeding could be speeded up in such a way that between turning the case over to the public prosecutor and execution no more than 3 days would elapse if the practice of pardoning is simplified and if the decision, if necessary, can be obtained by long distance call. This was expressed yesterday to the head of the state police at Kattowitz by the undersigned.
We cannot believe that execution by the police of criminals,
674-PS
especially German criminals, can be considered more effective through shattering the sense of justice of many German countrymen. In the long run they might, in spite of public terrorizing, lead even more to further brutality of minds, which is contrary-to the intended purpose of pacifying. These deliberations, however, do not apply to future lawful competence of a drumhead court-martial for Poles and Jews.
According to a recent report of the head of the Kattowitz state police to the district leader [Gauleiter] Braeht, the cases of 540 persons accused of high treason from the Kattowitz district have already been forwarded in December 1940 by the police to the board of arraignment of the people's court in Berlin without any sentences having been passed there as yet. This situation, which became known in the various branches of interested party circles and administration departments, injures the reputation of justice in general as well as the concept of the effectiveness of justice in the occupied Eastern territories especially because, with the exception of the court, the exclusive competence of the people's court for the sentencing of matters of high treason is not sufficiently known.
We are not informed as to how far the described situation of non-settlement is true.
As far as the proceedings of treasonable cases by the chief Reich prosecutor at the people's court in Berlin are concerned which were forwarded for prosecution to the co-undersigned public prosecutor (proceedings per par. 5 section 2 of the law about the competence of criminal courts dated 21 Feb. 40— RGB1 I, p. 405—in connection with the AV of Reich justice ministry dated 7 June 45—German law, page 683) we should like to point out the following:
From July 1941 until today, the cases of 235 accused were forwarded by the chief Reich prosecutor; 122 of the accused have already been sentenced, indicted, or proceedings were suspended or transferred.
The co-undersigned president of the supreme country court has taken steps to expedite prosecution further by personally supplementing the criminal court for high treason. If it should become necessary in the future, a second court could be appointed for the prosecution of matters of high treason by putting aside less important work. All organizations charged with prosecuting and sentencing of high treason and also with other severe crimes have been impressed by the undersigned that a speedy treatment is essential for war and nation. -With these organizational measures intended and already par-
480
674-PS
tially introduced by us of creating a "Rapid Special Court" which should also be technically equipped with everything necessary, and with the likely establishment at any time of a second court for matters of high treason in Kattowitz, the executions by the police still remain necessary as immediate actions against traitors, according to the chief councillor to the government Mildner, for the anti-German treasonal activity is supposed to have increased to such an extent that comparison's with the situation in 1917 and 1918 are already permissible, and that the criminals draw courage and power from the drawn-out legal trials of the traitors. The situation in the Kattowitz district is supposed to bp especially difficult because there are iy2 million Poles, 150,000 Czechs, and
7,000 Jews among the 3 million population whose anti-German attitude is being joined in a remarkable way by more and more Germans in the last months. A further worsening of the situation is to be counted on if the war should last longer; for the Poles are said to be' fanatically convinced of the victory of the Western countries and of a resurrection of their country, and, without inhibition, risk everything which does not seem to be punishable by death. The terrorist activity of the last few months does not appear to leave the Reich Germans in the Eastern occupied districts unimperilled. The slightest military set-back could result in immediate danger due to the growing and immediate terrorist readiness of the anti-German organizations. These are the reasons why the head of the state police considers as necessary immediate measures also in the field of high treason, 'if such steps could be taken by judicial means, this would seem also to him the best solution since the state police is already overburdened and suffering from considerable personnel shortage.
After this discourse we cannot help but.have the impression that the situation, especially with respect to high treason (terrorist) activity has grown serious since the spring of 1941 and that special measures have to be taken to subdue same effectively. We pointed out to the head of the state police our insufficient competence in this field, but have informed him that we would report this matter to the Reich minister of justice.
In view of the great judicial importance of the mentioned problems for the district of the Kattowitz high county court, we deem an early personal discussion at Kattowitz necessary, and that the chief councillor to the government Mildner and perhaps a representative of the people's court and of the chief Reich prosecutor at the people's court should be taken into consultation.
(signed) Dr. Heimer
[illegible notes showing that the conference had taken place]
481