" 'Sometimes all the inhabitants were deported, sometimes the men were torn away from their families or mothers were separated from their children. Only the smallest number of these deported people have been able to return to their home villages. These returnees report terrible degradations, heaviest forced labor, abundant deaths among inhabitants because of starvation and tortures and murder by the Fascists of all the weak, wounded, and sick.' " The next document is 294-PS, which appears at page 92 of the document book 1-A. Do you have 294, Dr. Bergold?
DR. BERGOLD: Yes.
MR. DENNY: We offer it as Exhibit 19-A.
This is a top secret memorandum,signed by one "Brautigam", concerning conditions in Russia, dated October 25, 1942. Directing Your Honor's attention to page 95 of the English translation, the large paragraph starting in the middle of the page. The paragraph starts out, Mr. Interpreter, "Of primary importance --" It's about two-thirds of the way through the document. Just after a very short paragraph which is headed, "The Main Department for Politics Was Compelled", a paragraph of about three lines. "Of primary importance, the treatment of prisoners of war should be named. It is no longer a secret from friend or foe that hundreds of thousands of them literally have died of hunger or cold in our camps. Allegedly, there were not enough food supplies on hand for them. It is especially peculiar that the food supplies are deficient only for the prisoners of war from the Soviet Union, while complaints about the treatment of other prisoners of war, Polish, Serbian, French, and English, have not become loud. It is obvious that nothing is so suitable for strengthening the power of resistance of the Red Army as the knowledge that, in German captivity, a slow, miserable death is to be met. To be sure, the main department for politics has succeeded here, by unceasing efforts in bringing about a material improvement in the fate of the prisoners of war. We now experience, however, this improvement is not to be ascribed to political acumen, but to the sudden realization that our labor market must be supplied with laborers at once. We now experience the grotesque picture of having to recruit millions of laborers from the occupied Eastern Territories, after prisoners of war have died of hunger like flies, in order to fill the gaps that are formed within Germany. Now the food question no longer existed. In the prevailing limitless abuse of the Slavic humanity, recruiting methods were used which probably had their origin only in the blackest periods of the slave trade. A regular manhunt was inaugurated. Without consideration of health or age, the people were shipped to Germany, where it turned out immediately that far more than 100,000 had to be sent back because of serious illnesses and other incapabilities for work. This system in no way considered that these methods would of necessity have their effect on the power of resistance of the Red Army, since these methods were used only in the Soviet Union, of course, and in no way remotely resembling this form in enemy countries like Holland or Norway.
Actually, we have made it quite easy for Soviet propaganda to augment the hate for Germany and the National Socialist system. The Soviet soldier fights more and more bravely in spite of the efforts of our population to find another name for this bravery. Valuable German blood must flow more and more in order to break the resistance of the Red Army. Obviously, the Main Department for Politics has struggled unceasingly to place the methods of acquiring workers and their treatment within Germany on a rational foundation. Originally it was thought in all earnestness to demand the utmost efforts at a minimum cost of the biological knowledge has led to an improvement. Now 400,000 female household workers from the Ukraine arc to come to Germany, and already the German press announces publicly that these people have no right to free time and may not visit theaters, movies, restaurants and so forth, and may leave the house, at the most, three hours a week, apart from exceptions concerning duty.
"In addition there is the treatment of the Ukrainians in the Reichs Commissariats itself. With a presumption unequalled we put aside all political knowledge and to the glad surprise of all the colored world treat the peoples of the occupied Eastern territories as whites of Class 2, who apparently have only the task of serving as slaves for Germany and Europe. Only the most limited education is suitable for them, no solicitude can be given them. Their sustenance interests us only insofar as they are still capable of labor, and in every respect they are given to understand that we regard them as of the most minute value."
That, I believe, concludes the exhibits in Book 1-A, except for the three pages of No. 5 which we hope to be able to give Your Honors this afternoon. Now, turning to 1-B, the first one is 556 PS. We are unable to find the original of that, so we have excluded that for the time being, and unless we can find the original, why we will not be able to offer it.
The first one then becomes 1726 PS, which was assigned the number 23, and 122a which we now offer as Exhibit No. 23.
THE PRESIDENT: What about 40? PS?
MR. DENNEY: 407 PS we do not wish to offer, Your Honor. We feel that that's repetitious. This appears in 103 of Your Honor's Document Book, and I believe was left out, at least in part, when they initially entered it. You have 1726 PS, Dr. Bergold? We offer this as Exhibit No. 23.
THE PRESIDENT: Is this the document we received as a supplement to page 108?
MR. DENNEY: The one in the document bock is merely an excerpt, Your Honor, and this is the complete document.
THE PRESIDENT: Well, we can strike out page 108 and substitute the pages that we've just received.
MR. DENNEY: Yes, sir; page 108 and 109, if Your Honor please, excerpts from this complete report which were inadvertently placed in the bock, so 108 and 109 can be disregarded and substituted therefore, these six pages which are headed Netherlands Government Commissioner for Repatriation Section, Eastern Europe.
THE PRESIDENT: And we've numbered these pages 108 and 108 A through E.
MR. DENNEY: Thank you, sir.
THE PRESIDENT: I didn't have my key; that's when I said that, and I want to change it anyway. We'll number these pages 108, and 108 A through E, and the last page will be 109. Then there's no skip in the tabulation.
MR. DENNEY: Yes, Your Honor.
THE PRESIDENT: Did you also say, Mr. Denney, that 556 PS will not be offered; that's the one just ahead of this in the index.
MR. DENNEY: Yes, Your Honor.
THE PRESIDENT: You did not cross off that?
MR. DENNEY: No, Your Honor. This is a report of the German measures in Holland, during the occupation, particularly having to do with treatment of the Jewish people in that country. The report is self-explanatory.
123a There are a few items which might be called to the attention of the Courts on page 1, the first item in the case is that the "Jews were removed from Civil Defence services."
Item number 8, all Jews were dismissed from Government service. Item number 10, in part, well complete; "Formation - on German orders - of the Jewish Council as liaison between the German authorities and the Dutch Jews - Jews no longer allowed to have contact with Netherlands officials." "The Jews are forbidden to visit cinemas", and, at the bottom they imply that Nurnberg laws on marriage and sexual contact between non-Jews and Jews -- Jews who are bethrothed to non-Jews will be arrested and sent to concentration camps. "Jewish lawyers, doctors and chemists were no longer allowed to have any but Jewish clients, patients respectively."
And then, the third entry from the bottom, "Thousands of Jews sent to Netherlands Labor Camps, of which especially the camp at Ellecom was notorious for the ill-treatment of its inmates. Age originally between 18 and 35, afterwards 18 and 55."
And then if your Honor will note there are several references to moving them, on Page 108-C, to a camp called Westerbork. One of July 19A2, completion of the "aryanisation" or liquidation of Jewish firms; decision to intern the Jews gradually in Westerbork to be deported from there to Poland; and then since November 1942 Jews taken from their houses, from now on assembled in the so-called "Jewish Theatre" in Amsterdam, from where they were sent to Westerbork after a few days; April 1943, Jews living outside Amsterdam sent to the camp at Vught - a labor camp for the German Army - and eventually transported to Westerbork; September 1943, last Jews from Amsterdam including the leaders of the Jewish council, sent to Westerbork. The transfer to Westerbork took place gradually from the Summer of 1942 till the Autumn of 1943.
Over on Page 108-C, "Westerbork - of which we need not give a description here - 12,000 to 15,000 persons used to live at the same time; they were housed in huts which were adjusted for the purpose, and each of which contained about 800 persons.
"All Jewish Netherlanders, whom the Germans could lay their hands on - with the exception of a small group of exempted persons, were brought together here; hospitals, old age homes, institutions for the blind and other disabled persons were emptied in order to concentrate the inmates in Westbork for deportation. Even the inmates of lunatic asylums did not escape deportation.
"Gradually all those interned in Westerbork were deported to Poland - old people and babies included!
"Once or twice a week a train "Westerbork-Auschwitz" left with 1200 to 2,000 persons. Originally these trains were composed of passenger cars afterwards only goods vans, (first with and afterwards without straw) in each of which about 60 deportees used to be transported. Even sick people were loaded into goods vans. Every deportee was allowed to take maximum 15 kilograms of luggage with him. The choice of those to be deported was more or less arbitrary, some were able to get their deportation temporarily postponed by means of so-called "Sperr" stamps. In the Autumn of 1943, all those who had been interned Vught - a number of about 1200 were deported to Poland - with the exception of diamond workers and those employed at Philips (Het Parcol, 15/12/43) "The above enumeration shows clearly the gradual character of the measured of the enemy, some of which may seem of little importance.
The Dutch Jews were deprived of their livelihood, their property and possessions were confiscated, every freedom of movement was taken from them, they were isolated from their fellow-citizens, and finally, as a group without any rights, humiliated and extruded, they were deported, condemned to slave labor and as it is to be feared partly killed.
"It is almost impossible to get details about the individual fate of Dutch Jews deported to Poland.
"After their leaving Holland all trace of them was lost. Absorbed in an agglomeration of deportees from almost all occupied countries, they can no longer be identified as a separate group."
And on the next page it indicates that various numbers of Jewish people who were deported were distributed to Poland, 100,000 nonNetherlands subjects --- Netherland subjects; and non-Netherlands subjects 15,000 - 115,000; to Terezin, Netherlands subjects, 1,000; nonNetherlands subjects, 1,000-2,000. That is a break-down of the figure above of 117,000.
The next document, I believe, is No. 28, Document 3012, was offered as No. 28, and then withdrawn, and there was one letter missing from the exhibit. I believe, Dr. Bergold, you now should have a letter signed by General der Infanterie Stapf, and then a memo signed by an SS Major and Commanding Officer, Christensen, dated 19 March 1933. Do you have those?
Just a minute, please.
(At this point in the record the reporter asked for the exhibits to be handed to her, as exhibits were handed to the court, opposing counsel, and all parties concerned except the reporters.)
MR. DENNY: I am sorry, it is not our fault you don't have them. You certainly should, but we have nothing to do with furnishing the exhibits and we certainly want you to have them.
Apparently Dr. Bergold doesn't have them either. You do have? And 126 a do you have the two pages of PS 3012, signed by Christensen, the SS Major?
It may be in the supplementary folder which Mr. Blakesly delivered to you on Friday, 3012-PS, which was offered in part as Exhibit 28.
This follows Exhibit 019 PS. Do you have these reports signed by Christensen, the SS Major?
DR. BERGOLD: We have the documents.
THE PRESIDENT: Does this supplement the pages already in the document?
MR. DENNY: It does, your Honor, please.
THE PRESIDENT: In addition to it?
MR. DENNY: Yes, the page in the book has already been read in. Dr. Bergold consented at that time if I would consent to reading this until such time as we got the copy to him.
THE PRESIDENT: We will mark this page 131-A and B.
MR DENNY: Does the Secretary General have one which he could loan to Judge Mussmano, and I will furnish you with additional copies after the morning hearing.
This rill be 131-A and B, Your Honor, please. This is a memo of March 19, 1943, by one Christensen, an SS Major, and commanding officer. He speaks cf the SS measures which have been carried out recently. He says, "I deem it the task of the Security Police and of the Security service to discover all enemies of the Reich and fight against them in the interest of security, and in the zone of operations especially to guarantee the security of the army. Besides the annihilation of active opponents, all other elements who, by virtue of their opinions or their past, may appear active as enemies under favorable conditions, are to be eliminated through preventative measures. The Security Police carries out this task according to the general directives of the Fuhrer with all the required toughness. Energetic measures are especially necessary in territories endangered by the activity of hostile gangs. The competence of the Security Police within the zone of operations is based on Barbarossadecrees. I deem the measures of the Security Police, carried out on a considerable scale during recent times, necessary for the two following reasons:
"The situation at the front in my sector has become so serious that the population, partly influenced by Hungarians and Italians, who streamed back in chaotic condition, took openly position against us.
"The strong expeditions of hostile gangs, who came especially from the forest of Brvansk, were another reason. Besides that, other revolutionary groups, formed by the population, appeared suddenly in all districts. The providing of arms evidently provided had no difficulties at all. It would have been irresponsible, if we had observed this whole activity without acting against it. It is obvious that all such measures bring about some harshness. I want to take up the significant points of harsh measures:
1. The shooting of Hungarian Jews 2. The shooting of Agronoms 3. The shooting of children 4. The total burning down of villages 5. The "shooting, while trying to escape," of Security Service prisoners.
"Chief of Committment Group C confirmed once more the correctness of the measures taken, and expressed his recognition for the energetic actions.
"With regard to the current political situation, especially in the armament industry in the fatherland, the measures of the Security Police have to be subordinated to the greatest extent to the recruiting of labor for Germany. In the shortest possible time, the Ukraine has to put at the disposal of the armament industry 1 million workers, 500 of whom have to be sent from our territory daily.
"The work of the field groups has therefore to be changed.
"The following orders are given:
"1. Special treatment is to be limited to a minimum.
2. The listing of communist functionaries, activists and so on, is to take place by roster only for the time being, without arresting anybody. It is for instance, no longer feasible to arrest all the close relatives of a member of the communist party.
Although, members of the Komsomolz 128 a are to be arrested only, if they were active in a leading position.
"3. The activity of the labor offices, respective of recruiting commissions, is to be supported to the greatest extent possible. It will not be possible always to refrain from using force. During a conference with the Chief of the Labor Commitment Staffs, an agreement was reached stating that wherever prisoners can be released, they should be put at the disposal of the Commissioner of the Labor Office. When searching villages, when it has become necessary to burn down a village, the whole population will be put at the disposal of the Commissioner by force.
"4. As a rule, no more children will be shot.
"5. The reporting of hostile gangs as well as drives against them is not affected hereby. All drives against those hostile gangs can only take place after my approval has been obtained.
"6. The prisons have to be kept empty, as a rule. We have to be aware of the fact, that the Slave will interpret all soft treatment on our part as weakness and that they will act accordingly right away. If we limit our harsh measures of security police through above orders for the time being, that is only done for the following reason.
The most important thing is the recruiting of workers. No check of persons to be sent into the Reich will be made. No written certificates of political reliability check or similar things will be issued."
THE PRESIDENT: That disposition was made of 407?
MR. DENNY: 407, we do not wish to offer, your Honor.
The next one appears at page 133 of your Honors' document book, which is 290 PS. Do you have that, Dr. Bergold? I believe it is being brought to you now, Doctor. It should contain two pages. It should be 153 and 154 in your Honors' book. Do you have a copy now, Doctor?
DR. BERGOLD: Yes, sir:
MR. DENNY: The second letter which concerns the command of an official in the activities of one Mueller. This is Exhibit 37. This is offered, your Honor, as Exhibit 37. It was given that number before, and was withdrawn. Document 290 P.S. is Exhibit No. 37.
Starting at the bottom of Page 133, close to the middle of the second paragraph in the second letter:
"But oven if Mueller had been present got the burning of houses in connection with the national conscription in Biloserka, this should by no means lead to the relief of Mueller from office. It is mentioned specifically in a directive of the Commissioner General in Lusk of 21 Sep. 1942 referring to the extreme urgency of the national conscription.
"Estates of those who refuse to work are to be burned, their relatives are to be arrested as hostages and to be brought to forced "labor camps. It is obvious that this decree was merely directive in nature and was not a binding ordor of the individual commissioner to decide according to his own discretion, when the interest of the conscription, such severe measures were to be applied.
"I request therefor to consider the case closed."
The next document, which is 1913 P.S. which was not offered on - 130 a Friday, and we now offer it as Exhibit 38-A. This is an agreement signed by Sauckel and Dr. Ley, dated Berlin, 20 September 1943.
"The following agreement has been concluded between the Plenipotentiary General for the Arbeitseinsatz, Gauleiter and Reich Governor SAUCKEL and the Reichsleiter of the German Labor Front, Reicherganisation leader Dr. LEY:
"1. The German Labor Front, on the basis of certain decrees which are mentioned has the solo and exclusive mission of caring for all foreign workers employed within the Reich. Excluded are the farm workers employed in the Reich food Administration.
"2. The Reichsleiter of the German Labor Front, Reichsorganisationsleiter Dr. LEY in collaboration with the Plenipotentiary General for the Arboitseinsatz, Gauleiter SAUCKEL, will establish a 'central inspection' for the contiuous supervision of all measures concerning the care of the foreign workers mentioned under 1. This will have the designation.
"'Central inspection for the care of foreign workers'."
The next document, if Your Honors please, is on page 180, which is 3721-PS. We do not offer 31-PS; we offer 3721-PS as Prosecution Exhibit 41-A. It seems, Mr. Blakeslee reminds me, that on Saturday or Friday, Document No. 204-PS, which is No. 39 in evidence, there was a page missing in your Honors' book, and I believe that page is now-don't have it to be distributed -- Page 8. And that page is being typed and will be distributed this noon or this evening.
We come now to 3721-PS which the Prosecution has offered as Exhibit 41-A Interrogation. This is an interrogation of Fritz Sauckel which was conducted on 22 September 1945. I direct Your Honors' attention to page 188 and 189. In the German, that is about half way through. It occurs on page 9 of the English text. It starts out: "I believe this Central Planning was founded..."
"I believe this Central Planning was founded about three months after my taking over my office." -- Sauckel speaking concerning his position as Plenipotentiary for Labor--" This was founded on account of a law by the Fuehrer or just upon an agreement between the Fuehrer and Speer and Goering- I don't know. The leader and Chairman of this General Planning was Speer himself. How the Central Planning was founded to take the work from the Four-Year Plan to Speer, I think, because Goering was already ill at that tine and there were also difficulties about which I am not informed. Speer constantly took the job of the great changes in new production under his own direction. Steady members of this Central Planning were the State Secretary and Field Marshal. Milch, and the State Secretary Kcerner. These three were responsible for the decisions of the Control Planning. Orders for internal affairs, they went through this office if they were worked out by other people inside the office.
I was only called to this Central Planning if my mission was discussed, and the demands were put before me and my offices from Speer, FourYear plan, as well as from Milch. The Fuehrer himself told me to fulfill these demands without question. In other words, if Speer asked me for certain amount of workers, for instance, several thousand, I could not refuse him. The concerned minister had to give the number to the Central Planning and that was the only place where the number of workers could be discussed. In the Central Planning it was decided how many workers I was able to supply to these carious sections like Milch and Speer, agriculture, and so on. If it came to an argument these discussions were brought before the Fuehrer and he then decided upon them himself."
There is a quotation on Page 184 and 185 which is back on Page 5 and 7 of the English original, still talking about Exhibit No. 4l-A, Document 3721-PS, Sauckel interrogation of Spetember 22, 1945, paragraph starting out:
"Now, coming to the end of all this, I must say that in the year 1944, there was hardly any new workers left which could be used any more. The only thing was left to undertake certain concentration within the German war production itself. Himmler, himself, for reasons of his own initiative, concerned himself with that. He, therefore, used especially for the underground factories which were his own work more or less, the people from the concentration camps. Once he said to the Fuehrer when I was present that the workers from the concentration camps were the best ones. I was opposed to that and also talked to the Fuehrer about that because I saw in that disqualification of workers, the workers themselves and the atmosphere they were in.
"I say that under oath now that I never was concerned with any of these things, that is, the transferring of the people from the concentration camps to those places of work. I also don't know how this happened and I never had anything whatsoever to do with any of the administration of other kind of work which occurred there. I also don't know how this was done. All I know about this is that entrusted with this kind of work was an SS Obergruppen fuehrer Kammler, who was an engineer, and Obergrupponfuchrer Pohl, who was responsible for tho conscription, of the people from tho concentration camp to the places of work.
I am completely unable to tell you to what extent these people from the concentration camps were used. Also, I am not able to toll you under what conditions they were working. i, myself, was never interested in all these things and therefore I kept away from them a.s much as possible.
"I was never informed about anything of that nature either by Hitler, the Reichminister, or Goebbels, officially. All this work was done by the SS themselves. This was Office 6 of the SS. I can tell you that for sure because we don't know anything about the SS. I just reported as far as I can remember the things the way I would have reported them to the Fuehrer himself or Milch about the work, details of the work, from the beginning to the end. To give an overall picture, I therefore put down on paper seven points which I want to tell you now".
3719, If Your Honor please, is eliminated.
DR. BERGOLD: May it please the Tribunal, I would like to make a formal objection against the introduction of the exhibit number which was put in by tho Prosecution, namely, 41-A, for the following reason: the question here concerned is an interrogation of Mr. Sauckel who, due to the sentence which was passed against him by the first Tribunal was executed. I am of the opinion that such an interrogation should not be used as evidence here because due to the execution of Mr. Sauckel, I have no possibility whatsoever to ask him to appear here before the Tribunal as a witness and to cross-examine him in respect of this interrogation. In this statement, there are certain inaccuracies which cannot be corrected due to the fact that the person who made these statements, is dead. In the International Military Tribunal, the Tribunal often decided that statements made by witnesses and affidavits can only be introduced when there is the general possibility for the defense counsels to hoar those persons as witnesses, or to propose to the Prosecution, these people be brought in for cross-examination.