Q. Did you ever have a gun in your house in Kalavrita?
A. No.
Q. Did you ever have any ammunition in your house?
A. No.
Q. Do you know if there were guns or ammunition in any of the other houses in Kalavrita?
A. No, there were not and it wasn't possible because every other day either the Germans or Italians came and searched the houses entirely.
Q. To your knowledge, did any combat actions take place between Greek forces and German forces in or near Kalavrita preceding the destruction of Kalavrita?
A. Yes, I know a battle took place in the vicinity of Kalavrita, Kertini, and in the village of Rogi, and during that battle the Greek forces captured 78 German prisoners.
Q. How far away from Kalavrita did that battle take place?
A. About 18 to 20 kilometers.
MR. FENSTERMACHER: I have no further questions, Your Honors.
PRESIDING JUDGE CARTER: Any further cross examination? Any questions by the Tribunal? The witness will be excused for the time beings.
MR. FENSTERMACHER: Your Honors, yesterday afternoon at four-thirty I passed out copies of the photographs which were taken by the witness Triandaphylidis, who testified earlier in this proceeding and whom I should like now to recall to the witness stand to identify the photographs.
PRESIDING JUDGE CARTER: Probably it would be better to call him after the recess. We will take our morning recess at this time.
THE MARSHAL: There will be a fifteen minute recess.
(A recess was taken.)
Court No. V, Case No. VII.
THE MARSHAL: All persons In the courtroom will please find their seats.
Tribunal Number 5 is again in session.
PRESIDING JUDGE CARTER: You may proceed.
MR. FENSTERMACHER: Your Honors please, I should like to ask the Tribunal to direct the Marshal to recall to the witness stand the witness Triandaphylidis.
PRESIDING JUDGE CARTER: The officer may produce the witness.
COSTAS TRIANDAPHYLIDIS - Resumed REDIRECT EXAMINATION BY MR. FENSTERMACHER:
Q. Witness, will you state your name, please?
A. Triandaphylidis, Costas.
Q. Have you given testimony in this case before?
A. Yes.
Q. Witness, I am handing you a folder containing 39 photographs. Will you examine them? Do you recognize these photographs?
A. Yes.
Q. Did you take them yourself?
A. Yes.
Q. Are they an accurst reproduction of the events which were intended to reproduce?
A. Yes.
Q. Will you take each photograph in order, state the approximate time when you took the photograph and what it describes?
PRESIDING JUDGE CARTER: I think you batter have them marked and handle this by interrogation or we will be confused on them.
MR. FENSTERMACHER: All right, your Honor. I ask that the photographs be marked for identification as Exhibit 481-A.
Q. Will you look at the first photograph, witness? Will you state the approximate date when you took this photograph?
MR. FENSTERMACHER: I believe they are in numeral order, your Honors -- the number on back.
A. On the 13th of November, 1942.
Q. What does this photograph represent?
A. This was the proclamation of General Zervas's -this is an order of General Zervas -- this is a reward that the Italians wrote out for the head of General Zervas after the Greek, after the destruction of the bridge of Gorgopotamus had taken place. It is a poster announcing the regard for the leader. In addition to that, everybody who would tell the Italians where General Zervas was living would get this reward.
Q. Was the poster written in more then one language?
A. It is written in three languages: in the Italian, in the German and in the Greek, because the same announcement had been given by the German command and by the Greek Quisling government.
Q. Will you turn to your photograph marked "No. 2." When was this photograph taken?
A. At the beginning of October 1943.
Q. And what does the photograph represent?
A. It shows in what conditions were the German prisoners who had come down from German airplanes and the Italian prisoners from Italian airplanes, and the Italian prisoners, regardless of airplanes.
Q. Will you turn to the photograph "No. 3." When was that photograph taken and what does it represent?
A. This was received also. This was taken, this photograph, at the beginning of October 1943 and it represents the representative of the Swiss Red Cross, Mr. Bickel, who had come to the mountains whore General Zervas was stationed together with the delegates which the Germans had sent in order to make negotiations with General Zervas.
Q. Which of the persons is Bickel?
A. The person dressed in civilian clothes.
Q. Witness, If I hand you copies of these photographs would you be able to identify and testify from the copies so that I might give the originals to the Tribunal?
A. Yes.
Q. We turn now to photograph marked "No. 4." When was that photograph taken and what does it represent?
A. It was taken at the same period and it represents Mr. Bickel and General Zervas at the headquarters of General Zervas in Skiadavas.
Q. Which one of the Figures was General Zervas?
A. This person with the beard and dressed in military clothes.
Q. We turn now to photograph marked "No. 5." When was that taken and what does it represent?
A. This was taken also at the beginning of October, 1943, and it shows the military hospital, the doctors and the nurses and the military hospital of Vugareli, and shows the good condition in which this Hospital is and the good military organization that we did have.
Q. Will you turn next to the photograph narked "No. 6" and state the date when it was taken and what it represents?
A. This was taken also at the beginning of October 1943 and represents the Greeks what the Germans had sent to bring the offer to General Zervas.
Q Can you identify the five persons in the foreground of the photograph by name?
A To the right of the General is the Mayor of Joannina, Vlachlidis.
Q Witness, I suggest that you identify the persons on the photograph reading from left to right.
A The first, from left to right, is an officer belonging to the Greek forces, whose name I cannot recall. After him comes the Mayor of Joannina, Vlachlidis. The third person is General Zervas. The fourth person is the deputy of the Metropolite of Joannina, Athanassios. The last person, I'm sorry, I cannot see very well; so I cannot identify him.
Q Is the person on the extreme left of the photograph wearing the uniform of the EDES organization?
A Yes, he does wear the uniform of the EDES organization.
Q Turn next to Photograph marked No. 7. When was that taken, and who is it a photograph **?
AApproximately at the same date, that is to say, in October 1943, and it represents the British Lt. Colonel Tom Barnes, the head of the British Mission.
Q The British Mission to whom?
A The British Mission, to the staff of General Zervas.
Q What are the letters which appear on the cap of Major Barnes?
A EOEA.
Q What do those letters stand for?
A Greek National Guerilla Bands.
Q And what is the insignia that appears on the left, below the left shoulder of the Major?
A That he belongs to the Corps of the British Parachutists.
Q Turn next to photograph marked No. 8. When was it taken and what does the scene represent?
A It was taken on the 10th of October 1943, and it represents the 40th Regiment of Evzones of the National Guerrilla Bands, which is departing from Vulgareli in order to proceed to Petratomo in order to block the roads to the Germans, who, we were told, were coming on to this point.
Q Did you say that these were Evzones?
A Yes, I said that these were Evzones. Understand that these Evzones had, by no means, any relation with those Evzones that were fighting with the Germans, and that had spoiled the Greek name and reputation of the Evzones, which is an elite troop in Greece.
Q Do they wear any EDES insignia on their uniforms?
A Yes, they always were wearing the EDES insignia on their uniforms.
Q We turn now to photograph No. 9. When was it taken, and what does the scene portray?
A This was taken in March, 1944, and it represents a new section that had been recruited and organized.
Q Next look at photograph marked. No. 10.
A This was taken in April, 1944, and it represents General Zervas who came to review the sacred parade of the students.
Q Which one of the persons on the photograph is General Zervas?
A The person who is proceeding on horse back.
Q Next, look at photograph marked No. 11.
A This was taken in May, 1944, and it represents part of the third division, which is being reviewed by the officers.
Q The third division of what organization?
A The third division of the National Guerrila Bands.
Q What is the flag which appears on the photograph?
A It is the Greek military flag.
Q We will now turn to photograph marked No. 12
A This was taken also in May, 1944, in the village -near the village of Plessia, and it represents a part of the division Xyrovuni, division of the National Regiment, of the Regiment Xyrovuni which is a regiment of the National Guerrilla Bands.
Q What is the flag which appears in this photograph?
A It's the Greek Military Flag.
Q Turning next to photograph marked No. 13.
A This was taken also in May, 1944, and it represents the 39th Regiment of the National Guerrilla Bands, which has received the order to proceed to another place.
Q Where was this photograph taken -- No. 13?
A Near Pesta.
Q Next turn to photograph marked No. 14.
A It has been taken at the same period, and it represents the same part of the regiment at the same place.
Q The same as which photograph, Witness?
A The same with the photograph No. 13.
Q Turn next to photograph marked No. 15.
A This is the third photograph showing the same regiment as Nos. 13 and 14, and it has b.en taken at the same period and at the same place.
Q Next, will you look at the photograph No. 16?
A This, again, has been taken in May, 1944, and it shows General Zervas who is reviewing new sections of the Army which had been newly recruited and organized.
Q Is General Zervas the single figure standing to the left of the photograph?
A Yes, that is correct.
Q Will you look now at the photograph No. 17?
A This was taken at the same period of this review and has been taken at the same date.
Q As what?
AAs No. 16.
Q As the photograph No. 16?
A Yes.
Q What is the flag which one of those soldiers is bearing in photograph No. 17?
A This is the Greek military flag, and this is the same flag that the Greek Regular Army had boon using when the soldiers had been captured. They had hidden this flag. After the capitulation of 1941 the soldiers had hidden this flag and brought it out newly again. It's the same flag.
Q Turning next to photograph No. 18.
A. This has been taken in May, 1944 and it represents the same parade.
Q. As.
A. As photographs No.s 17 and 18.
Q. Will you look now at photograph No. 20?
A. This has been taken in May, 1944, and it, is a part of another regiment of General Zervas.
Q. Look now at photograph marked No. 21.
A. This has been taken in July, 1944 and it represents the investigation of German prisoners of war.
Q. Are there any members of the EDES organization shown in this photograph?
A. At the right side there's the Lt. Colonel, Christou, who was the head of the Intelligence Service of General Zervas' staff.
Q. Turn next to photograph marked No.22.
A. This has been taken in July, 1944, and it represents the investigation of German prisoners of war by Lt. Colonel Christou, head of the Intelligence Service of General Zervas' staff.
Q. Which person in the photograph as the Lt. Colonel?
A. It is the person standing in the middle, who is just a single person, standing in the middle.
Q. You mean the man with the beard?
A. Yes, the man with the beard
Q. Will you turn now to photograph marked No. 23?
A. This has been taken towards the end of July, 1944, and it represents the investigation of German prisoners of war--some of them are wounded soldiers.
Q. Are there any members of the EDES or anization shown in the photograph?
A. Yes, at the left side of the photograph and at the right side of the photograph.
Q. Is the man with a bread a member of the EDES organization?
A. Yes, that is a member of the EDES organization, by the name of Lt. Col. Christou.
Q. Will you now look at photograph marked No. 24?
A. This was taken towards the end of July, 1944, audit represents the investigation of German officers who had been captured at the village of Lures.
Q. Who are the two men with caps facing the camera?
A. This represents Lt. Colonel Christou and his aide de camp adjutant.
Q. Now, look at photograph marked No. 25.
A. This was taken towards the end of July, 1944, and it represents the investigation of German prisoners of war at the village of Dervisema.
Q. Who is the man in the right center portion of the photograph, the man wearing the beard?
A. This is the head of the Intelligence Service, Lt. Colonel Christou.
Q. Was he a member of the EDES organization at that time?
A. He was one of the oldest members of the EDES organization and was an officer of the Regular Greek Army.
Q. Will you turn now to photograph No. 26
A. This has been taken during the summer of 1944 in Paramythia. And to represents a newly recruited organized regiment, which is taking the place an other.
Q. To what organization do these men belong?
A. They belong to the National Units of General Zervas, the EDES organization.
Q. Are they wearing the uniform of the EDES organization?
A. Yes, all of then are wearing the uniform of the EDES organization.
Q. We will turn new to photograph No. 27
A This has been taken in July, 1944, during the battle of Preveza, and it represents a mortar activity.
Q. Are the men shown in the photograph members of the EDES organization?
A. Yes, they are. They are the men of the so-called Sacred Company of the students.
Q. Turing next to photograph marked No. 28.
A. This was taken on the 23rd of July 1944, which was the second anniversary of the exodus of General Zervas to the mountains. And it represents the parade in front of the monument of the dead of these National Guerrilla units. It represents General Zervas, and at the right side of Archbishop of Paramythia, by the name of Thortas.
Q. Will you look next at the photograph marked No. 29?
A. This was taken on the 23rd of July 1944, and it represents the artillery that had been given to us by the Americans.
Q. The men in the photograph wear the uniform of the EDES organization?
A. Yes, all of them are members of the EDES organization.
Q. Turn next to photograph marked No. 30.
A. It was taken on the 23rd of July 1944, and it represents the artillery weapons ta on off the horses.
Q. Who are the men in the photograph?
A. On the left side there are two soldiers of the artillery. In the middle is standing the Governor of the artillery, Colonel Metaxas, Standing nearby is General Zervas.
Q. Is he the man with the beard?
A. Yes, the man with the beard, And at the right side again are two soldiers of the artillery.
Q. Are all of the men shown in the photograph members of the EDES organization?
A. All of them are members of the EDES organization.
Q. Are they wearing the uniform of the EDES organization?
A. All of them are wearing uniform, and the one of the soldiers to the right side is wearing a uniform fit for him to ride on horseback
Q. Why do there see to be white lines on the photograph, Witness
A. Because I used this photograph in order to publish to in the newspaper.
Q. Turning next to photograph No.31.
Q We turn next to photograph marked 31.
A This has been taken on the 23rd of July 1944 and represents a parade in front of the monument of the dead soldiers and officers of the national guerilla forces.
Q The next photograph is No. 32.
A This has been taken on the 23rd of July, 1944, and it represents General Zervas, the Archbishop of Paramythia, and the whole staff of General Zervas.
Q Is General Zervas the man with the beard standing to the right of the Archbishop?
A Yes, General Zervas is the man with the beard standing to the right.
Q Look next at photograph No. 33.
A This has been taken in August 1944 and it represents the entrance of the hospital of Dervisema with the German wounded prisoners of war to whom a Greek nurse is offering cigarettes.
Q Is the man on the extreme left of the photograph facing the camera a member of the EDES organization?
A Yes, he is.
Q Is he wearing the uniform of the EDES organization?
A Yes, he is wearing the uniform of summer; he is only wearing a shirt without his jacket.
Q Will you turn next to photograph No.34?
A This has been taken after the battle of Menina about the 20th of August, 1944, and represents the General Zervas sitting in one of the cars that we have captured from the Germans.
Q Is General Zervas the man to the extreme left of the photograph?
A Yes, that is correct.
Q We will look next at photograph No. 35.
A This has been taken in summer, 1944. This represents General Zervas together with the Archbishop of Paramythia and with many of the soldiers and inhabitants of the village of Dervisema after the performance of the religious service.
Q To what organization do the soldiers in the photograph belong?
A All of them did belong to the EDES.
Q. Will you look now at the photograph numbered 36?
A This has been taken in August 1944 in the village of Paramythia and it is the arch which the 10th Division of the EDES organization had built up in order to welcome General Zervas.
Q Who are the persons shown on the left of the photograph?
A They are several of the inhabitants; among whom is a priest and at the right are the soldiers of the 10th Division standing at attention.
Q To what organization do those men belong?
A To the organization EDES.
Q What are the two flag shown in the photograph?
A They are both Greek flags.
Q Will you look now at photograph No. 37?
A It was taken at the beginning of October, 1944, and it represents the bridge of Zita that the Germans had blown up while they were withdrawing and which the engineers of the Engineer Corps of the national guerilla units had repaired within two days in order to materialize the pursuit of the Germans with the artillery.
Q Do you know the name of the river across which the bridge is built?
A It is just a side river of the River Luros.
Q. Turn now to photograph marked No. 38.
A This has been taken on the 18th of October, 1944, and it represents the flag of the General Zervas, at the day when the General entered the town of Jannina.
Q The soldiers in the photograph are members of the EDES organization?
AAll of them.
Q What are the flags shown at the top of the photograph?
A The American flag, the British flag and the Greek flag.
Q Which is the Greek flag?
A In the middle of the American and the British.
Q What is the writing which appears on the lower right hand portion of the photograph?
A Entrance into Jannina of the national Greek guerilla bands on the 18th of October, 1944.
Q Turn finally to photograph marked No. 39.
A This has been taken also on the 18th of October, 1944, and it represents a battalion of the Greek notional guerilla bands with their weapons as a souvenir of that day.
Q What is the writing on the lower right hand portion of the photograph?
A Battalion of Galani.
MR. FENSTERMACHER: If your Honors please, I ask that these photographs be admitted into evidence and given Exhibit No. 481. I ask also, your Honor, if we might return the original photographs to the witness and give the Secretary General photostatic reproductions of the originals.
PRESIDING JUDGE CARTER: There being no objection, that may be done.
MR. FENSTERMACHER: I have no further question to the witness, your Honor.
CROSS EXAMINATION BY DR. LATERNSER:Q Witness, where are the negatives of these photographs?
A I don't have them here. They are in Athens.
Q May I see the originals of No. 23 end No. 24, please?
(Dr. Laternser examined the originals.)
DP. LATERNSER: I have no further questions, your Honor.
PRESIDING JUDGE CARTER: Any further questions on cross examination? Is there anything further, Mr. Fenstermacher?
MR. FENSTERMACHER: Your Honor, I believe it was last Saturday when Dr. Sauter, counsel for the defendants Geitner and Lanz, indicated that he might wish to make this witness his own witness. Since this witness is planning to return to Greece very shortly, I wonder if your Honors might place a time limit on Dr. Sauter within which he would let prosecution and the Tribunal know whether he wishes to make the witness his own?
PRESIDING JUDGE CARTER: Dr. Laternser, do you think you could find out by one-thirty whether there is any desire on the part of the defense to call this witness on direct examination?
DR. LATERNSER: Your Honor, I shall try to report to the Court about that at one-thirty but I am not quite sure whether by this time I will be able to do so.
PRESIDING JUDGE CARTER: I wonder if the Tribunal might not make the inquiry of the defense at this time as to the period of time they expect to be allowed them after the prosecution completes its case and before we take up the evidence of the defense?
DR. LATERNSER: Your Honor, this question comes a little suddenly if I may say. I can't supply the answer now but only then when I have talked about this with my colleagues, as I cannot say now how long each individual colleague wants for the submission of his documents and the stating of his case. I shall sneak to my colleagues and I will probably be then in a position to give you an answer.
PRESIDING JUDGE CARTER: If you will do that and inform the Tribunal at the earliest possible moment, we would appreciate it.
DR. LATERNSER: My attention was drawn to the fact by Mr. Denney that the question of the Tribunal about the time is about the recess between the prosecution resting their case and the defense starting their case. Is that the question?
PRESIDING JUDGE CARTER: That is what I was inquiring about.
DR. LATERNSER: Also this question I would like to think over because in order to give the answer I must talk to my colleagues but I shall do so as soon as I can.
PRESIDING JUDGE CARTER: Very well.
MR. FENSTERMACHER: Your Honor, may the witness be excused for the time being?
PRESIDING JUDGE CARTER: Yes, the witness will be excused for the time being. The Tribunal will adjourn until one-thirty.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION (The Court reconvened at 1330 hours, 20 August 1947.)
THE MARSHAL: The persons in the Courtroom will be seated.
The Tribunal is again in session.
PRESIDING JUDGE CARTER: You may proceed.
MR. DENNEY: If it please your Honors, the document which is being distributed to your Honors now is the identification exhibit which goes at the close of Document Book 16. It should be marked 408-A, pages 201, 202, 203, and it is offered as Exhibit 408-A for identification to be submitted, to be placed at the close of Document Book 16.
The document which has just been handed to your Honors is to be marked 423-A and will receive page numbers 132 and 133 and is to be inserted at the close of Document Book 17 and is offered as Prosecution's Exhibit 423-A for identification.
And this next one is to be marked 441-A, pages 107, 108, and is to be placed at the end of Document Book 18 and is offered as prosecution's Exhibit 441-A for identification.
And the last one which your Honors have just received is to be marked 457-A for identification.
JUDGE WENNERSTRUM: 457?
MR. DENNEY: 457-A, yes, your Honor, and is to be placed at the end of Document Book 19 and is offered as Prosecution's Exhibit 457-A for identification.
JUDGE WENNERSTRUM: Pages?
MR. DENNEY: 156 and 157. I have spoken with Dr. Sauter during the noon recess and he has advised me that he will not require the witness Kosta Triandaphylidis and has authorized me to so inform the court.
PRESIDING JUDGE CARTER: Very well.
MR. DENNEY: We now start with Document Book 21.
Was the last exhibit number, Mr. Stone, 481?
MR. STONE: Yes.
MR. DENNEY: The first document in this book at pages one of the English and the German, NOKW-469, is offered as Prosecution's Exhibit No. 482 in evidence.
This is a series of reports having to do with the operation Klissura, and the reports in the document book are from the standpoint of dates backwards. However, I think they are just as informative one way as the other, and for the convenience of the Tribunal why we will take the pages as they come.
The first page, which is a communication from the Commander in Chief Southeast, who was at that time the defendant Weichs, is dated 6 July 1944, and I would direct Your Honors attention to the number which the communication bears, the German Staff Record Book Number 4506, directed "To the Special Plenipotentiary of the Foreign Office to the Southeast Envoy Neubacher."
This document, incidentally, is signed by the defendant von Weichs.
It says:
Referring to your teletype dated 16.5.44 I am enclosing the report of the commander of SS Panzer - Grenadier Regiment 7, dated 3.6.44, with the comments of the Corps Group Saloniki and of the High Command Army Group E pertaining to the operation against the village of Klissura. And Your Honors' attention is called to the facts it quotes these various reports, which we will come to presently. Returning now to the document. I see from these reports that the events at Klissura differed from the way in which they are represented in the minutes of the interrogations of some village residents before the Consulate General of Saloniki. I wish to point out in particular that according to the report of Regiment Commander it was not a subsequent reprisal action but that the village of Klissura was stormed and taken with the employment of all heavy weapons of the regiment. One must count on the civilian population of the village already having suffered considerable losses due to the employment of heavy weapons and that the Bulgarian military put in action there are guilty of excesses after the capture of the village, which can not be checked on afterwards. I consequently believe that a further following up of this matter would meet with no success.
This incident is taken as occasion to recall attention to the orders on the execution of reprisal measures which at the time of their issuance had your concurrence.