From 27 January to 20 February 19 in the meantime General of Mountain Troops, I was temporarily in charge of a battle unit consisting of 2 corps, at Charkov. Assigned to the Fuehrer Reserve again, I was at home in Bad Reichenhall till the middle of June 1943, and took over then as deputy for 4 weeks, the command of the Mountain Corps in the Kuban bridgehead at Temriju. At the end of July 1943, ordered back to the homeland, the command of the XXIInd Mountain Corps was transferred to me in the middle of August in the Greek area, which was considered a Zone of Operations. After 14 days sojourn without troops and without being committed in Salonika and Athens, I took over on 9 September 1943 the security of Epirus with headquarters in Jeannine. Here the corps remained busy, without large combat action, in the main with security actions against Communist insurgents, until the evacuation of Greece in the middle of October 1944. After retreating battles in Macedonia lasting 4 weeks, the Corps was committed to Southwest Hungary in the area South of the Plattensee, where it remained until the end of March 1945. Then followed the retreat movements into lower Styria with the defensive front on the Mur. My last mission, after giving up my troops to the neighboring headquarter authorities, consisted of the security and traffic regulating of the roads leading to the best. After the capitulation on 8 May 1943, I took over the assembly and care of numerous foreign troops elements in the area of Radstadt, Wagrain, and Falchau. On the 4th of June these troops were stationed in the area Northeast of Murnau (upper Bavaria), where I had to carry out their discharge in the final weeks. I have never belonged to the N.S.D.A.P.
I leave read the statement above, consisting of 4 pages in the German language, and I declare that to the best of my knowledge and belief it is the entire truth. I lead the opportunity to make changes and correction in the above statements.
I have made this statement voluntarily without any promise of reward and I was neither threatened or compelled to do so.
And the affidavit is signed Herbert Lanz, It is dated Nurnberg, Germany, 7 March 1947. Turning next to Page 9 of the English, Page 6 of the German is Document NO. NOKW-1780, which is offered as Prosecution's Exhibit No. 444. This is the Service Record of the Defendant Lanz. I will call Your Honors' attention to the war-time Service Record of the Defendant from 1 September 1939.
"1 Sept 1939 Chief of Gen Staff Vth Infantry Corps.
"15 Feb 1940 Chief of Gen. Staff XVIII Infantry Corps.
"25 Oct 1940 Cmdr. 1st Mtn. Div.
"17 Dec 1942 OKH Fuehrer Reserve (Chief Army Propaganda) "3 Feb 1943 Cmdr.
Army Group Lanz.
"23 June 1943 Army Group A (Deputy of Dmdg. Gen. on leave) "25 Aug 1943 Cmdg.
Gen. XXII Mtn. Corps."
Page 10 of the English and 6 of the German are the decorations received by the defendant Lanz. Turning next to page 11 of the English and page 6 of the German are various comments made with respect to the defendant by commanders under whom he served. The defendant Weichs, said to him: "21 Feb 43, Frhr. v. Weichs; Excellent work as a leader. Very good intellectual tendency. Very active physically and very capable physically (mountain climber). Exemplary in ruthless committment of own person. Above average. Energetic, strong willed, very glad to accept responsibility. He has a clear, trained insight for pertinent needs. Above average. Pronounced leader personality of outstanding qualities. C-in-C of an Army. 1 Mar 44, Loehr, Deputy Cmdr Group E;" said of him: "Nationalist Socialist leader personality. The capture of the islands of Kephalonia and Corfu and the annihilation there of the Italian occupation forces, which were frequently superior, took place under his personal command. He has a personality which forces others to go along with him and he is glad to commit himself. Above average. Retention of assignment.
"10 July 44. in a letter from Frhr. v. Weichs, C-in-C Southeast to o office Chief"; it was said of Lanz: "The following is my comment in agreement with Cmdr. -in-chief Army group E concerning the suitability of Lt. Gen. of Mtn. Troops Lanz for Army Commander.
a) "Advantages: Courage, high personal willingness to commit himself. He frequently completed tho missions given to him with groat energy and with great care in the East where he was subordinate to me from time to time, as well as during larger scale band operations in the Balkans.
He knows how to make his troop cooperate.
b) "Disadvantages: He sometimes suffers from changes of his moods, so that his achievements are not always oven. In estimating difficult situations he does not always show that severity which he has demonstrated in his personal actions and in his mastery of tactical combat actions. Thus, in the course of the disarmament of the Italian Army and the fighting connected with it, his activity did not come up to standard in two cases. It is only due to the intervention of Cmdr.-in-Chief of Amy Group E that no important disadvantages resulted from that.
c) "Conclusion:. He fulfills his position as Cmdg. Gen. well. However, I have serious objections to his assignment as Army Cmdr. because of his unstable temper."
Turning now to page 13 of the English, page 8 of the German, Document NOKW-1016 is offered as prosecution Exhibit 445. Your Honors will recall that when prosecution presented documents against the defendant Rendulic for the period early September and early October, 1943, we were concerned with the surrender of the Italian troops following the Armistice entered into by the Italian government and the Allied Forces. We now turn to the same period of September and October, 1943, to Greece where other Italian units were being captured by German forces in order to prevent their turning of weapons and supplies over to partisan units operating in Greece.
This is an order of the LXVIII Any Corps commanded as your Honors know by the defendant Felmy, dated 16 September 1943, to one of Felmy's subordinate units of the 1st Partisan Division.
"Subject: Treatment of Italian Troop units who turn over their arms to insurgents and/or negotiate with insurgents. By order of the Fuehrer, the following procedure is to be applied with respect to all Italian Troop units who have permitted their arms to fall into the hands of the insurgents and moreover have made common cause with the insurgents after said troops are captured.
1. ) "The officers are to be shot to death by summary court martial.
2.) "Non-Commissioned Officers and men are to be deported to the East by railroad for labor employment. They are to be treated as prisoners of war and they are to be collected in special transports and to be reported to competent railroad transportation offices individually. Supplement Army Group: Decision according to 1 by Divisional Commander."
The order is signed: "LXVIII Army Corps 1c/No. 236/43 Top Secret of 16 Sept." Or Intelligence Officer.
Turning next to page 15 of the English, page 9 of the German, Document NOKW-1118, which is offered as prosecution Exhibit 446, this is an order from the XXII Mountain Corps. If your Honors will recall, it was commanded by the defendant Lanz. The order is dated 16 Sept 1943 and it is sent to the subordinate units of the XXII Mountain Corps, the 1st Mountain Division, and the 104th Jaeger Division.
"Cases of Italian soldiers changing into civilian clothing and staying with the population are increasing. This means a material increase of danger with bandit. Such Italians are to be arrested by patrols and are to shot."
This order is signed: "Headquarters XXII Mountain Corps Ic."
Turning now to page 17 of the English, page 10 of the German, Document NOKW-1354 which becomes prosecution Exhibit 447, this document consists of a series of daily reports of the Commonder-in-Chief Southeast which during this period was the defendant Weichs. Your Honors will recall that his chief-of-staff was the defendant Foertsch. The first report is dated 19 September 1943. It is sent to the OKH Army General Staff, Operarions Section in Berlin and is the daily report from the Commander-in-Chief Southeast for the 19th of Sept. 1943. Under the portion of the report dealing with Administration Area Headquarters Saloniki:
"Engagement between our own reconnaissance and bands North of Elasson.
The attitude of the disarmed Italians has stiffened. Several mutineers were shot."
Then under the section of the Commander-in-Chief Southeast dealing with Serbia, and your Honors will recall that during this period the defendant Geitner was Chief-of-Staff to the Military Commander in Serbia, the report states: "Local band activity, continuing desortions from Serbian State Guard. - Railroad lino Prokuplje - Kursumlija blown up. On the whole 47 hostages were shot, 144 members of Serbian State Guard deserted."
This report, as are all others in this series, is signed by the Commander-in-Chief Southeast who was also simultaneously Commander of Army Group F.
Next on page 19 of the English, page 12 of the German, is a daily report from the Commander-in-Chief Southeast to the Army General Staff, Operations Section in Berlin for 23 September 1943. Your Honors will note the receipt stamp dated 24 September 1943, one day after the report of the Army General Staff, Operations Section, and under the section of the report dealing with the XXII Mountain Corps, commanded by the defendant Lanz:
The final sentence, the words "special treatment in compliance with Fuehrer order" are stricken out in the original document and the words are clearly legible but there is a pencil line drawn through them. If your Honors will bear this particular incident in mind, the execution by troops subordinate to the XXII Mountain Corps under the commend of the defendant Lanz and General Gandin and his staff, later on in this same document book we will have occasion to see a report on the same incident by the XXII Mountain Corps to the Commander -in-Chief Southeast, in which the reference to the execution of General Gandin and his staff are not crossed out.
Thurning now to page 21 of the English , page 13 of the German daily report from the Commander-in-Chief Southeast for the 16th of September, 1943, under the section of the report dealing with the activities of the XXII Mountain Corps, Corfu is firmly in our hands except for the mopping up operation necessary in the Northern sector. Mopping up operation proceeding on the island of Ithaka (East of Cephalonia).
Enemy ammunition depot destroyed South of Korea, 50 bandits shot."
Page 23 of the English and 14 of the German, another report from the Commander-in-Chief Southeast to Army headquarters in Berlin, this time the report for the 27th of September, 1943, and again we are concerned with the activities of the XXII Mountain Corps as seen from the report, this particular corps being commanded at that time by the defendant Lanz.
"Cleaning up op rations as well as transporting Italians away from Corfu is proceeding. The Commandant of the island was shot."
And again we will have more to say later on on this particular event involving the execution of the Commandant of the Island of Corfu when we introduce a document later on in this document book which consists of the report of the XXII Army Corps to the Army Group E Headquarters.
Page 25 of the English, 15 of the German, daily report to the Commander -in-Chief Southeast for the 28th of September, 1943, under the section dealing with the XV Mountain Corps, the SS Division Prinz Eugen, Survey on Split:
"At Split 300 Italian officers and 9000 men of the "Bergamo" Division were made prisoners. Treatment in compliance with Fuehrer Order has been iniated."
Serbia:
Draja Mihajlovic bands active Southeastern Serbia. During our own operations 34 Draja Mihajlovic bandits were arrested, 280 suspected followers of Draja Mihajlovic were arrested.
10 Draja Mihajlovic followers shot in retaliation.
And your Honors will recall that in presenting the documents against the defendant Rendulic, we had occasion to introduce the report of the XV Mountain Corps to the Second Panzer Army relating to this particular incident. Continuing with the report of the Commander-in-Chief Southeast for the 28th of September, 1943, the portion of the report dealing with events in Serbia:
And those words too, if your Honors please, are lightly crossed out in pencil on the original document. This report is like all others signed the Commander-in-Chief Southeast, High Command Army Group F.
PRESIDING JUDGE BURKE: At this point, Mr. Fenstermacher, we will adjourn until tomorrow morning at half-past nine.
THE MARSHAL: The Tribunal will be in recess until nine-thirty o'clock tomorrow morning.
(The Tribunal adjourned until 0930 hours, 14 August 1947.)
Official Transcript of Military Tribunal V, Case VII in the matter of the United States of America, against Wilhelm List et al, defendants sitting at Nurnberg, Germany, on 14 August 1947, 0930, Justice Wennerstrum presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Mr. Marshal, will you ascertain if all the defendants are present in the Courtroom?
THE MARSHAL: May it please your Honors, all the defendants are present in the Courtroom with the exception of defendant Weichs who is absent due to illness.
THE PRESIDENT: There has been presented to me a certificate from one of the prison physicians, which I am handing to the Deputy Secretary General concerning the defendant Weichs.
proceedings will continue in the absence of the defendant. You may proceed.
MR. FENSTERMACHER: May it please the Tribunal, your Honors will recall in this document book 19 we are dealing with events in Greece during the period August 1943 to October 1944, and we are particularly concerned with the activities of the defendant Felmy as commander of the LXVIII Army Corps and the defendant Lanz as commander of the XXII Mountain Corps. Both of those corps were subordinate to Army Group E which was in turn subordinate to Army Group F, commanded at that time by defendant Weichs whose Chief of Staff was the defendant Foertsch.
Prior to the adjournment yesterday afternoon, we were considering document NOKW-1354, which is Exhibit 447 in evidence, being a series of daily reports from the Commander-in-chief Southeast to Higher Army Head quarters in Berlin.
We were on page 27 of the English, page 17 in the German on those reports. We were examining the daily report from the Commander-in-Chief Southeast for the 29th of September, 1943. Under that portion of the Commander-in-Chief Southeast's report dealing with Serbia, "During local operations 27 suspected followers of Draja Mihajlovic were arrested and 38 bandits captured with arms. 10 reprisal shootings."
This report, as are all others, is signed by the Commander-in-Chief Southeast, who was simultaneously Commander of Army Group F. That completes Exhibit No. 447.
We turn next to page 29 of tho English and page 18 of tho German, Document NOKW-811. This document, if your Honors please, has already been introduced into evidence as Exhibit No. 220, which is found in Document Book 9. At that time, we read certain portions of the document which related to an earlier period in time.
Now we should like to read in tho record that portion of the Exhibit which begins on page 31 of the English and page 27 of the German. The document consists of various entries in the War diary of the Commander in-Chief Southeast. The particular entry we are concerned with now is tho entry which relates to file notes and telephone conversation for the 19th of September, 1943.
DR. LATERNSER: Your Honor, tho prosecutor has just said that the document, comes from the Commander-in-Chief Southeast but the heading of the letter says "Wehrmacht Commander Southeast."
MR. FENSTERMACHER: I wonder if the Secretary General has the original document and can check that? Exhibit No. 220.
(The Secretary General did not have it.)
MR. FENSTERMACHER: It is true I think, as Dr. Laternser points out, that on page 29 of the English and page 18 of the German, the entries relate to excerpts from the War Diary of the Wehrmacht Commander South cast.
That is for the period 17 August 1942 and your Honors will recall that on the 1st of January, 1943, the title of the Commander-in-Chief Southeast Area was changed from Wehrmacht, Commander Southeast, which translated means Armed Forces Commander Southeast, to Oberbefehlshaber Southeast, which means Commander-in-Chief Southeast, so that while on the 17th of August, 1942, the extracts were from the War Diary of the Wehrmacht Commander Southeast, I believe it is not true that on the 19th of September, 1943, which is the excerpt to which we are now directing our attention, the excerpts are from the War Diary of the Commanderin-Chief Southeast.
I wonder if my explanation satisfies Dr. Laternser?
DR. LATERNSER: Your Honor, at the moment I can't say anything about this. I think this is the task of the prosecutor to prove what period they are speaking about.
THE PRESIDENT: The Exhibit will be received as shown and given such consideration as the Exhibit discloses itself, and being already in evidence we will take it for such probative value as the Tribunal deems it merits.
MR. FENSTERMACHER: Turning then to page 31 of the English, page 27 of the German, file notes and telephone conversation for the 19th of September, 1943. 0940 hours, the Ia, which is the Operations Officer, informs the Chief of Staff, which at this time was the defendant Foertsch: "During the night the order came from OKW through Commander in Chief, Southeast...." and your Honors will note there the reference to Commander in Chief Southeast.
"During the night the order came from OKW through Commander in Chief, Southeast...." which on the 19th of September, 1943, was the defendant Weichs"...to report the names of the Italian officers shot up to now, only blank reports have gone in; only the Commander of Saloniki-Aegea reported that some Italian officers wore shot. Otherwise, only shootings of Italian officers in Cephalonia came in question.
"Lieutenant General Winter..." who at that time was Chief of Staff to Army Group E under General Loehr"... I have here the detailed remarks concerning the 'famous' top secret."
And the entry in the War Diary for 1000 hours, still the 19th of September, 1943, "Telephone conversation of Brigadier General Winter with Major General Foertsch..." If your Honors please, that relates to a conversation between Brigadier General Winter, Chief of Staff of Army Group E with Major General Foertsch, the defendant Foertsch, who at that time was Chief of Staff of Army Group F. "......concerning possible enemy plans. Attack on the East or West considerations, evaluation of the enemy is now being worked out and will be presented to the Commander in Chief, Southeast."
Finally the entry in the War Diary of the Commander in Chief Southeast for the 5th of October, 1943, 0815 hours, "Brigadier General Winter gives report concerning the situation on Cos..." Your Honors will recall that is a Greek Island. "600 English taken prisoners, among them a Lieutenant Colonel, 2500 Italians captured. Commandant shot. 40 guns booty. 11 planes shot down, 11 taken as booty, further 1 private yacht. Our own losses; 15 dead and 70 wounded."
Turning now to page 33 in the English, page 32 in the German, Document NOKW-960 which becomes Prosecution Exhibit 448.
THE RESIDENT: Did you give an Exhibit number to this one you have already referred to?
MR. FENSTERMACHER: Yes, that has already been given an Exhibit number 220, your Honor, in document book 9.
THE PRESIDENT: All right.
MR. FENSTERMACHER: The next document is now NOKW-960 which becomes Prosecution Exhibit No. 448. We shall be concerned from this point on largely with the activities of the XXII Mountain Corps under the command of the defendant Lanz, and the activities of the subordinate units of that corps, for the most part the activities of the 1st Mountain Division and the 104th Jaeger Division.
This document is a series of reports from the 1st Mountain Division to Higher Headquarters of the XXII Mountain Corps, commanded by the defendant Lanz during this period. The first report from the 1st Mountain Division to Corps Headquarters, XXII Mountain Corps, Ic, or intelligence officer, and it is dated Division Command Post, 9 October, 1943.
"The division transmits in the enclosure the lists of the Italian officers shot in Sarande.
"At the same time a rucksack will be handed over containing the effects of these officers. For the officers named in numbers 3, 4, 10, 18, 32, 33, 35, 36, 33, 40 and 47, no effects were included."
The report is signed for the Division Headquarters for the First General Staff Officer.
Enclosed also a part of the document is a report from Combat Unit von Hirschfeld to its Higher Headquaters, the 1st Mountain Division.
Your Honors will note on the right hand portion of the document the receipt stamp of the 1st Mountain Division dated the 7th of October, 1943. This particular report from the combat Unit is dated the 6th of October, 1943, and it subject is the Effects of the Shot Italian Officers. The report is sent to the Intelligence Officer of the 1st Mountain Division.
"Herewith, the combat units transmit the effects of the battalion officers shot as traitors on 3.4. and 5 October 1943 in Saranda."
It is signed Detachment Commander Gelony.
Then on page 34 of the English, page 33 of the German, is another report of this same conbat unit von Hirschfeld to the 1st Mountain Division. The 1st Mountain Division is in turn to subordinate to the XXII Mountain Corps. The report of the combat unit is dated 3 October, 1943.
"List by name of the Italian officers shot by the execution detachment of the 1st Company, 54th Mountain Jaeger Battalion on 3 October 1943 in Saranda."
Then the document has a chart of various sections of the tables broken down into "Current number, Rank, Name, Place of Birth, Date of Birth, Assignement, and former Residence."
They have listed the name of the first and last of the Italian officers in the table and I should like to pass up to your Honors the actual exhibit so that you might see the intervening names as they appear in the actual document, the name of the Italian officers who were shot by this particular combat unit.
Continuing with the exhibit on page 34 of the English and page 33 of the German is another report of the combat unit von Hirschfeld to the 1st Mountain Division dated 4 October 1943 and again is another list of the names of the Italian officers shot by the execution detachment of the 1st Company, 54th Mountain Jaeger Battalion on the 4th of October, 1943, in Saranda. Again the table follows with the rank Names, Place of Birth and Date of Birth, Assignment, Former Residence, and those Italian officers who were shot.
We have listed the name of the first officer and the the name of the last officer.
Continuing on page 35 of the English and page 34 of the German we find a third series of reports of von Hirschfeld to the 1st Mountain Division, this one dated the 5th of October; 1943, again containing a list of Italian officers shot by a particular execution detachment of the 1st Company; 54th Mountain Jaeger Division.
We have listed the names of the first officer and the last or 49th, officer shot by this combat unit.
Continuing on page 33 of the English and page 34 of the German is the report which the first Mountain division then sent to is Higher Headquaters, the XXII Mountain Corps, with respect to the execution of Italian officers. This particular report from the Division was dated 5 October 1943 and your Honors will recall that this Division was subordinate to the XXII Mountain Corps, commanded by the defendant Lanz.
Under the section of the report dealing with the activities of the Spindler Battalion, "The Fuehrer Order No. 1 was carried out on 58 officers."
The report is signed for the Division Headquaters for the 1st General Staff Officer.
Continuing on page 37 of the English, page 35 of the German, Document NOKW-755, which is offered as Prosecution Exhibit 449, this is a series of reports from the Commander in Chief Southeast to Higher Headquaters in Berlin, and also a series of reports from Army Group E to the Commander in Chief Southeast. The reports cover a period of time from May 1943 until December 1943. The report for the first portion of the document cover the period from May until August 1943, when General Loehr was Commander in Chief Southeast. Your Honors will recall that the defendant was then Chief of Staff to General Loehr.
The second portion of the reports cover the period from August 1943 until December 1943 and are from Army Group E which during that period was commanded by General Loehr to the Commander in Chief Southeast, which during that period was the defendant Weichs and of course his Chief of Staff, the defendant Foertsch.
We take up first those reports from General Loehr as Commander in Chief Southeast to OKW Headquaters in Berlin for the period from May until August when the reorganization of the Southeast Command occurred.
Page 37 of the English, 35 of the German, daily report of Command der in Chief Southeast to OKW Operational Staff of 2 May 1943, under the section of the report dealing with Greece: "Italian operation in Volos - Lamia - Pharsala area had little enemy contact.
"Rather large amount of weapons, ammunition, explosives and equipment captured. 13 villages destroyed."
And then the report, as are all others, in this series, is signed by the Commander in Chief Southeast, who at that time was simultaneously Commander of Army Group E.
Next the daily report of the Commander in Chief Southeast for the 5th of May, 1943, again we are concerned with the section of the report dealing with Greece:
"Operation Olymp area from 16th of April to the 4th of May had following results: 117 enemy killed, 885 arrested, transferred for labor assignment.
"10,500 head of cattle captured, 18 bandit camps, 200 field positions, 55 food depots, 16 villages destroyed.
"During Italian operation North-Eastwards of Lamia 16 bandits were shot. Evacuated villages were destroyed."
Next on page 38 of the English, 36 of the German, daily report for the 16th of May, 1943. Your Honors will note the various divisions of the report. We direct your attention to that section of the report dealing with events in Serbia. Your Honors will recall that at this time the defendant Geitner was Chief of Staff to the Commander in Serbia who at this time during the period from May until August 1943, was General Bader. The defendant Geitner was General Bader's Chief of Staff.
"Serbia: Several appearances of bands in whole area. Attacks on camps and telephone lines, 156 shot as reprisal."
Next the daily report of the Commander in Chief Southeast for the 27th of May, 1943. I direct your Honor's attention to that section of the report dealing with the activities of the 373rd Division and its reference to:
"Strong Communist forces (over l000men) from area West of Travnik on way to the South, supposedly aiming towards Herzegovina. Fighter detachment which was committed made 35 prisoners, additional reconnaissance patrol has been dispatched."
Then the section of the report dealing with events in Serbia:
"125 Communists were shot as reprisal for railroad attacks and sabotage acts in Pozarevac."
Next the report for the 3rd of June, 1943, under the portion of the report dealing with Greece, "Band, alledgedly 150 men strong with 3 English officers from Italian territory in Nestoria area. Vijose - bridge West of Konitsa (45 km North of Joannina blasted. Supplementary report about railraod attack of Nezeros: 92 Italians and 60 Greek prisoners dead, large number of wounded and missing. 100 Communists from concentration camp shot as reprisal in Larissa."
Then I direct your Honor's attention to this reference:
"Band in Greek uniform has been reported in Soupre area (40 km Northeast of Lamia.)
I think we may turn now to the report on page 40 of the English page 41 of the German dated the 12th of June, 1943, particularly to that section of the report dealing with events in Serbia:
"North of Zajecar band attacks on cattle transports, cattle stolen. 10 reprisal executions.
"According to confidential agent's report, DM bands West of Casak, 400 men strong, North West of Raska, 600 men strong."
Next is the report of Commander in Chief Southeast of 14 June 1943:
"During Communists attack on German horse transport near Klenak station.
(north of Savac) 12 Germans were killed, 3 wounded, 2 missing, 40 horses, 4 Communists found dead, clad in part in German uniform.
"In Kraljevo - Cacak and Bajina Basta area a total of 21 band accomplices were arrested. In Vrnjci area in shooting between confidential agents and bandit group one confidential agent was killed. For various attacks in district a total of 100 reprisal prisoners have been shot."
Next the report dated 17 June 1943 under Serbia:
"Twenty DM band accomplices were shot in Uzice."
Continuing with the report of the 18th of June 1943:
"Serbia: 350 Communists and 50 Chetniks have been shot as reprisal measures for attacks and sabotage acts which have been committed recently."
Next on page 42 of the English, page 40 of the German:
"As reprisal for the murder of the mayor of Kucevo 20 Chetniks and 10 Communists were shot.
"Near Guca and Uzice German police and Serbian volunteer corps captured 10 Chetniks (among them one leader); 2 were shot, archives and weapons were captured."
Next, on page 43 of the English, page 45 of the German, Daily Report for the 26th of June 1943:
"Serbia: 30 Communist prisoners shot for railroad sabotage acts committed recently."
Continuing with the report for the 27th of June 1943, the portion dealing with Serbia:
"DM mobilizing in Topola area. Near Arandjolovac one DM leader caught, one Chetnik shot. In Krusevac and Belgrade area 150 band suspects arrested."
Then a portion of the report dealing with events in Montenegro Albania:
"As reprisal measures for shot Italian officer a total of 150 Communist prisoners were shot."
Your Honors will note the ratio there, 150 to 1.
DR. LATERNSER: I object to the last comment of the prosecutor. Apart from the fact that it was not admissible, it is also false. The original German text runs as follows:
"As reprisal for shot Italian officers 150 Communists shot."
Since one cannot see how many Italian officers were shot by the bands, one also cannot draw a conclusion with regard to the ratio which the prosecutor has maintained. I would ask that this be stricken from the record.
THE PRESIDENT: The Tribunal suggests that the original document be sent to the translators for their interpretation.
INTERPRETER: The translation of the original German is as follows: "As reprisal for shot Italian officers."
JUDGE BURKE: Did the interpreter say officer or officers?
INTERPRETER: Officers.
THE PRESIDENT: You may proceed. This is an example of voluntary statements which are not born out by the records.
MR. FENSTERMACHER: Sorry, Your Honor, I will withdraw my remark.
On page 44 of the English, page 47 of the German, Daily Report of the Commander in Chief Southeast to OKW/Wehrmacht Operational Staff, 28 June 1943, the section of the report dealing with Greece:
"28.6. a.m.: One enemy submarine 50 north of Scarpanto. According to Italian report enemy submarine sighted near Corfu, probably supplying bands. Much dropping of war material and parachuting of enemy agents, among the latter an American first lieutenant in western Greece."
And the Daily Report of the Commander in Chief Southeast of 29 June 1943:
"Greece: Southwest of Ptolemais sabotage of telephone lines, inhabitants assigned as guards. For attack on German non-commissioned officer near Naussa 25 Greek Communist suspects have been shot.
"Serbia: Little local band activities.
"For recent sabotage acts and attacks 350 DM and Communist suspects have been shot in Krusevac area; in other localities 255 reprisal prisoners were shot."