The affiant says on page 1, towards the middle of the page?
"As to the events on Kefalonia I make the following statement:
"Owing to a case of papadaci-fever, I did not arrive from Athens at the Janina headquarters of the XXII Mountain Corps until the 13 September 1943. At that time the situation in Western Greece was about as follows:
"The Italian forces in Epirus had complied with the orders given by the Eighth Italian Army and the Italian Corps Headquarters and laid down arms, which was done without any incident. Solely the Italian Division "Acqui" under General Gandin, which was stationed on the isles of Korfu and Kefalonia, refused to surrender these islands to the German forces stationed there. General Lanz had left by plane for Kefalonia on the morning of the 13 September in order to make arrangements for the surrender through a personal discussion with General Gandin.
"Late in the afternoon of the 13 September General Lanz returned from Kefanlonia with the following result:
"His plane, in the process of landing, had been fired at by Italian troops and therefore been forced to land in another place. He had been able to speak to General Gandin on the telephone from the command post of the German island commander, Lieutenant Colonel Barge, at Lixuri.
"General Gandin, who alleged not having received so far any clear orders, requested an order from General Lanz for the surrender of the Island, which was thereupon given to him and with which he promised to comply. General Lanz was throughly convinced that the surrender of the Island would be effected without any further incident and had given Lieutenant Colonel Large directives accordingly.
"Contrary to expectation, however, General Gandin did not accomplish the surrender of the island at the fixed time.
He managed to put off the German island commander for a day or two by cleverly-conducted negotiations, declared finally to have his officers no longer under control, and launched a sudden attack against the two German fortress battalions stationed on the Island, placing them in an extremely difficult position.
"About the 15 September, after having discussed the matter with the Chief of the General Staff of the Corps Headquarters, Colonel Dietel, General Lanz decided to land on Kefalonia hastily assembled elements of the 1st Mountain Division and the 104th Mountain Infantry Division under the command of Major von Hirschfeld with the task to relieve the German garrison on the Island, and to have the latter occupied by German forces. Upon landing on Kefalonia Major von Hirschfeld was appointed German Island Commander and Lieutenant Colonel Barge was placed under his command. During the fighting, which resulted in heavy losses on both sides, the Italian forces offering resistance in the northern part of the Island were defeated in the following days, without causing General Gandin's surrender. General Lanz after that went to Kefalonia again, to initiate further measures. Since signal communications between the Island commander (Major von Hirschfeld) and the Mainland (Coros Headquarters) were extremely poor - there was but one radio communication at the disposal of the still inadequately organized Corps Headquarters - General Lanz left an officer of Corps Headquarters behind on Kefalonia, with the task to Keep Corps Headquarters well informed about the happenings.
"Shortly afterwards, the decisive attack on the southern part of the Island began, which ended with the occupation of of the capital Argostolion and the capture of General Gandin, his staff and a large body of Italian troops. As far as I remember, General Gandin's chief of staff, who was the chief organizer of the fight against the German forces, was killed in the course of the last engagements.
"During the days of the fighting, General Lanz had received by radio or teletype, via the Army Group, a "Fuehrerorder", to the effect that all Italians on Kefalonia who had taken up arms against the German forces were to be shot. Telephone communications between the Army Group and Corps Headquarters were not yet existent at that time. General Lanz, who was greatly excited over this order, sent, as far as I remember, a teletype to the Army Group, with the request to bring about higher up a cancellation of this order, and recommending that only the guilty persons should be held responsible. Thereupon a new "Fuehrer-order" was received, saying that all the Italian officers were to be shot. General Lanz, in my presence and in the face of the chief of staff, voiced his opinion on this in a very sharp form, and declared: 'Being a decent soldier, I cannot be expected to carry out such an order. I shall not carry out this order.'
"After the fighting on Kefalonia had ended, General Lanz immediately left for Argostolion again, in order to discuss with Major von Hirschfeld the occupation of the Island, as well as the concentration and the evacuation of the captured Italians. As far as I remember, he charged the Commander of the 1st Mountain Division, General von Stettner, and Major von Hirschfeld with investigating the events at the Italian divisional staff. This investigation completed, General Gandin and several of his officers were shot according to martial law.
"I declare upon oath that the foregoing statements are correct."
Court No. V, Case No. VII.
This statement is properly sworn to and certified, and signed by the affiant von Loeben. This is Lanz Exhibit 142. This brings me to Lanz Document Book I. The document on page 8 of this document book will be offered under Exhibit No. 143. This is Document No. 2. The document is on page 8 of Document Book Lanz I. This is an affidavit of the protestant chaplain Rudolf Schwarz concerning Lanz' personality, The affiant lives in Bad Steben in upper Frankonia. From the 26th of August 1939 to 8 May 1945, throughout almost the whole of the war, he was Divisional Chaplain in the 1st Mountain Division. This division was subordinated to General Lanz.
I am not going to read this affidavit verbatim. The affiant comments on Lanz' personality in a similar way as the Catholic priest has done on the witness stand here. He talks about General Lanz' position towards the Christian church and about his negative attitude towards National Socialism.
On page 9 under the second half of paragraph "B" towards the bottom of page 9, the affiant comments on General Lanz' attitude towards band warfare. There are a few lines here which I would like to read verbatim and the affiant says on page nine:
"He never advocated any sort of personally cruel methods of warfare. He never supported them or even himself used such methods. It is easily understandable that in this kind of guerilla warfare the cowardice and deceitfulness of the partisans led occasionally to isolated outbreaks of fury of the troops suffering under this deceitfulness. All the more we have to admire the chivalrous attitude of a commander who, as far as he knew of it and his troops did not conceal it for fear of his action which, however, again speaks in General Lanz' favor, took stern measures to prevent the excesses and to restrict them to a minimum."
On page ten the affiant further describes details which he still remembers, mainly the humane attitude of the defendant towards the capitulating Italians under "D", On page 10 and 11, the affiant describes how warmly and energetically General Lanz looked after the civilian population Court No. V, Case No. VII.
wherever he could. The affiant on page 10 mentions several characteristic details which I recommend to the judicial notice of the Tribunal.
On page 11, the affiant states that General Lanz, when he left Jannina, received the right to return to Jannina at any time as a guest and was given the freedom of Jannina when he left the city. He was also blessed by the Archbishop at that occasion. This affidavit which in many points coincide with the statements made by the Catholic priest, has been sworn to by the protestant chaplain Rudolf Schwarz, The affidavit is duly sworn to and properly certified by me as defense counsel.
The next document which I want to read I am offering from the same document book; this is Document No. 6. It is contained on page 18. I want to correct myself. The next document which I am going to offer is going to be Document No. 3 in Document Lanz I. This is on page 13 and it will receive Exhibit No. 144.
It is Document No. 3 on page 13 of Lanz Document Book I, Exhibit 144. This is a certificate of the Catholic town rectory St. Nicholas signed by town priest and dean Kuhn in Reichenhall where the defendant led his unit and where he was a resident. I am not going to read this statement verbatim. It certifies that the defendant Lanz during the time of Hitler's regime always proved himself to be a good Christian of an exemplary attitude and that his soldiers held him in very high esteem.
This certificate has been signed by the affiant but the formula of the oath is not contained in this document; therefore, we have gained an additional formula of oath contained in Document Book VI as Exhibit No. 145--just a moment please. It is Document No. 3 on page 1. The affiant Kuhn has here duly sworn to his statement and signed it and this oath has been properly certified by the local notary, and this document will receive Exhibit No. 145.
The next document is again contained in Document Book Lanz No. 1, and this is Document 5 on page 16 of this document book and it will be offered under Exhibit No. 146. I shall again not read the details of Court No. V, Case No. VII.
this document. It contains an affidavit executed by Freiherr von Eyb who was during the war Commanding Officer of the division supply troops of the 1st Mountain Division from November 1942 to the end of the war. He served in the division which at that time was under the command of General Lanz. He describes how popular General Lanz was with his troops and with the civilian population and he said he had got to know General Lanz as an exemplary officer of the most chivalrous kind. The most striking human characteristics of General Lanz, so the witness says, and I quote from page 17, the first two sentences: "The most prominent human qualities of General Lanz are his integrity in outlook and attitude, his sense of justice, kindness and untiring solicitude, which he showed during the war not only to his soldiers and especially towards the wounded but also repeatedly in the most generous way for the civilian population of foreign countries."
This is the quotation which I would like to read here and I recommend the balance of the document to the judicial notice of the Tribunal. The affidavit has been duly sworn to and properly certified by me as defense counsel.
The next document is document 6 on page 18 of Lanz Document Book I. This will be offered under Exhibit No. 147. It is an affidavit executed by one Anton Bader. This affiant was from 1940 until the end of the war, for quite a long period, personal orderly to General Lanz. As such he has got to know General Lanz, of course, as hardly anybody else. He confirms the human and chivalrous conduct shown by General Lanz towards everybody, and following that on page 18 he describes his rejecting attitude toward the excesses of National Socialism, and on page 19 he goes on to describe his care for the religious side of the soldiers, and the way he advocates good treatment of prisoners of war, and he further describes his good relationship with the civilian population. This affidavit has been duly sworn to and properly certified. The formula of the oath can be found in Document Book VI, under Numeral 6, and this document Number 6 in Document Book VI will be offered under Exhibit 147. In this formula you will find that the statements of the affiant Bader have been duly sworn to and that his signature has been properly certified by the local mayor.
The next document is Document 7 in Document Book Lanz I. This is on page 21 and it will be offered under Exhibit Number Lanz 148. It was executed by one Hans Kisslinger, who from September 1943 was one of the men around General Lanz. He served there as a corporal in the headquarters guard. The affiant says and I quote from page 21, the second sentence:
"As I am a hunter by profession and the General himself is a reputed hunter, I came into closer contact with him on account of this common interest. Already before 1943 after I had finished my military training, I supervised his private hunt at Grossgmain. In my opinion I enjoyed the General's confidence. That fact alone goes to show that although he was such a high officer, he was on good footing with his troops. Oh many travels I was able to ascertain again and again that his foremost concern was for his unit. Again and again he visited the military hospitals and assisted wherever possible. I can emphasize that LANZ a devout Roman Catholic, who put his conviction into reality by frequent holding of field services for the troops and the staff.
He was the first to receive the Holy Sacrament before his troops. Therefore he also definitely declined to spread those spiritual trends among his unit, which were considered neopagan by all the soldiers. I know from frequent conversations that the General at an early stage realized the futility of the war and subjected its leadership to sharp criticism. We soldiers amongst ourselves often expressed anxiety that great harm may come to him through remarks of that nature. I also know that during the occupation the General succeeded in bringing about a long truce with the Greek national partisan forces, whereby again the civilian population benefited greatly. His relations with the latter where of mutual trust. While on guard duty, I could frequently observe Greek civilians who visited him in his quarters in order to put some request before him. When we retreated, we avoided any destruction of civilian installations by order of the General. I never had occasion to observe that prisoners of war were being badly treated, let alone maltreated on his orders.
To sum up, I can say that in all his actions General Lanz remained true to his Roman Catholic faith and his good nature."
This statement of the affiant Kisslinger does not contain the formula of oath which is however contained in document book VI under Numeral 7 and this document 7 in Document Book VI will be offered as exhibit 149, Lanz Exhibit 149.
The next document of which I ask the Tribunal to take judicial notice, is Document No. 8 contained in Lanz Document Book I, page 23, This will be offered under Exhibit No. 150. It is an affidavit executed by one Kraus, Stefan Kraus, who was serving in the close vicinity of General Lanz. For four years he was General Lanz's driver, and as such he got to know General Lanz Thoroughly. In the first and second paragraph of page 23, the affiant describes General Lanz's general attitude, particularly his relations with the troops, his endeavor for justice, etc., and I am reading from the bottom of page 23 where the affiant comments on the treatment of prisoners of War.
Page 23 towards the bottom of the page:
"When prisoners of war were allocated for labor he always inquired from their commanders about food, clothing and quarters and also there gave every possible help, a fact of which I could frequently find proof. He repeatedly visited a hospital in Joanine (Greece), set up there for prisoners of war and gave orders that they be supplied with medicaments and himself distributed cigarettes and chocolate among the sick. Before leaving Joanine. General Lanz visited the prisoners' hospital once more and discussed the supply of food and medicaments for the hospital of which he gave some to the hospital to assure, that it could continue to operate after our departure and took leave of the doctors there in the most friendly manner. I was always made aware of the good relationship between General Lanz and the prisoners, when on our trips we passed groups of prisoners or stopped there. The prisoners never showed a sullen or hateful attitude against General Lanz, on the contrary, they welcomed him."
In the next paragraph the affiant describes General Lanz's endeavor to help the civilian population, and in the next but one paragraph, still on page 24, the affiant deals with the fact that General Lanz rejected National Socialism. This affidavit also had been properly certified and is duly sworn to. The formula of oath is contained in Document Book VI for Lanz, as Document No. 8, and this document will be submitted under Exhibit 151.
MR. FENSTERMACHER: Your Honor, on the first full paragraph on page 24 the last line, the affiant talks about the Greek Commander of EAM, General Zervas. General Zervas was not the Commander of EAM, but rather of the Edes. Perhaps Dr. Shuter can make a statement as to whether or met it is typographical error.
DR. SAUTER: In the original it also says towards the end of the last but one paragraph on page 24, "In particular the Greek Commander of the EAM, General Zervas." It is therefore not a typographical error which occurred when the copies were made.
Apparently the affiant got mixed up on the terms. He interchanged the terms "EAM" and "EDES". Of course it should read, "In particular the Greek Commander of the Edes movement, General Zervas."
THE PRESIDENT: Dr. Sauter, we will take our noon recess at this time.
THE MARSHAL: Court will be in recess until 1:30.
(Thereupon a recess was taken until 1330.)
AFTERNOON SESSION
THE MARSHAL: Court is again in session.
THE PRESIDENT: You may proceed, Dr. Sauter.
DR. SAUTER: May it please the Tribunal, the last document with which we dealt before the recess was Document No. 8, on page 23, of Document Book Lanz I. This document was submitted under Exhibit 150, and the supplementary document containing the formula of oath contained in Document Book 6 was submitted under Exhibit 151.
I now continue with Document 9 on page 26 of Document Book Lanz I. This Document No. 9 is an affidavit executed by one Albert Robers. As the proceeding affiants this one also was not one of the officers serving under General Lanz, but just one small cog in the machinery of General Lanz's corps. The proceeding affidavits had been executed by his driver and from his personal orderly, from a corporal in the staff guard. This one here is a non-commissioned officer, also a member of General Lanz's staff. He was a clerk, ans as such part of the close vicinity of General Lanz. Therefore, his statements are of particular importance. In spite of their importance I do not want to read them, in detail. The affiant describes his observations made regarding General Lanz's attitude toward the civilian population. He also comments on the negotiations between General Lanz and the Greek partisan General Zervas. In conclusion he deals with the political attitude shown by General Lanz. This is described in a similar manner as it had been described by previous witnesses, that is, completely rejecting National Socialism ideas, etc, The affidavit, as can be seen, has been duly sworn to properly certified, etc.
The next document is Document 10, on page 28 of Document Book Lanz I. Document 10 on page 28. This will be offered under Exhibit Lanz 153. This again is an affidavit executed by one Johann Popp, who was a private in General Lanz's corps.
Throughout the war he was a member of General Lanz's staff as a clerk. He makes statements mainly concerning the political attitude of General Lanz, and his statements are somewhat similar to statements made by other affiants. He also comments on the care taken by General Lanz for his soldiers, and also for the civilian population, and he remarks on General Lanz's chivalrous attitude which he showed also towards captured partisans. I recommend this document to the judicial notice or the Tribunal. I shall not read it.
The following document is Document 11 on page 30, Lanz Document Book I, and this will be offered under Exhibit 154. It is an affidavit executed by a Dr. Steeckinger, of whom other affidavits in different contexts have been read. The affiant Dr. Steeckinger was intendant of the Division, and later intendant of the corps under General Lanz. He makes comments on General Lanz's character in a similar way as has been done by various other affiants, whose affidavits have been read here. Under Paragraph 1, on page 30, the affiant desscribes the strict discipline order by General Lanz with respect to the civilian population. He also describes the exemplary attitude shown by General Lanz to his troops. On page 30 towards the bottom the affiant describes the welfare measures taken by General Lanz for the feeding of the Greek population. In paragraphs 2 and 3, the affiant gives some details to this chapter which I shall not read in detail. The affiant also emphasized the recognition which these endeavors of General Lanz found in the population, particularly how this attitude was also recognized by the authorities. In paragraph 5 the affiant stresses the correct conduct shown by General Lanz towards the captured partisans. In paragraph 7 the affiant describes how General Lanz, when withdrawing in autumn 1944, took care that nothing was destroyed that did not have to he destroyed for military reasons, and the affiant stresses that the stocks which existed at the time were distributed in the interests of the population.
In paragraph 8 on page 32, the affiant comments on the correct attitude shown by General Lanz towards the Italian prisoners, and towards the Italian wounded, and in paragraph 8 he further relates a number of examples which are to prove that General Lanz in other cases, had rejected criminal orders issued by Hitler, even accepting the danger of being put before a court marshal because of this, or being thrown into a concentration camp.
This is contained on pages 32 and 33, and towards the end, which is about the Middle of page 33, the affiant remarks in conclusion:
"Finally I should like to state that General Lanz, during the whole of the war, openly expressed his deeply religious attitude by prior to many important fights going to the Communion in front of a battalion or a regiment.
that, in all theatres of war, including Russia, he treated the prisoners in a chivalrous and human way.
that he spared his troops, as far as he could, used his influence in their favor at High and Highest Headquarters with energy and civil courage, which also caused his disgrace with the Fuehrer, and that, in the most severe form and regardless of his own person, he criticized and disapproved of Hitler, his policy and warfare and the national socialism." That is the end of the quotation, taken from the affidavit of the affiant Dr. Stoeckinger, who has signed his statements, swore to the affidavit, and the signature was certified by the mayor.
That brings us to the end of Document No. 11, and brings us to Document No. 12. This is contained in the same Document Book, on page 35. This Document will be offered under Lanz exhibit No. 155--page 35, Lanz Document Book I, Document No. 12. This is an affidavit properly certified and duly sworn to be one Hans Dietrich Humann, who was a certified engineer. He states in the introductory notes that from the fall of 1940 to the spring of 1944, almost four years, he was battalion executive officer, and company commander. Furthermore from 1944 to the end of the war, first A.D.C. in the staff of the XXIInd Mountain Corps led by General Lanz. The affiant stresses initially that as A.D.C. he was frequently accompanying General Lanz on official trips, inspections of the troops. He makes the statements contained in this affidavit on the basis of impressions gained on these occasions. In the following two paragraphs on page 35 the affiant comments on the basic and on the political attitude shown by General Lanz. And he also comments on the National Socialist method of warfare.
On this occasion the affiant mentions that Lanz had frequent debates with his superior agencies. The details can be seen in the statements made by the affiant. On page 36 the affiant Humann describes what welfare measures were taken by General Lanz for the troops and the great personal bravery shown by General Lanz. I am only going to read small excerpts from these statements -- one part which seems important to me in connection with the Italian affair. This particular paragraph is contained on page 36 in Paragraphs 2 and 3. The latter partially goes on to page 37.
I am starting to read from near the bottom of page 36, Paragraph 2:
"When, after Italy,had left the Axis, besides other actions in North West Greece the islands of Korfu and Kephalonia. had been conquered, an order of the Fuehrer demanded that all Italians captured with weapons in their hands should be shot. Only due to the personal efforts of General Lanz--made, by him, under circumvention of the channel of official procedure directly with the adjutant of the Fuehrer, Colonel Schmundt, -- it was possible to achieve that this order was not carried out, which saved the lives of thousands of Italian soldiers. In the course of these efforts General Lanz went, as far as I know, so far as to offer his resignation. 3. To avoid unnecessary bloodshed, General Lanz was, almost during the whole period in which he was German Commander in Epirus, in negotiations with the leader of the Greek right wing partisans, General Zervas, and his English liaison staff. Those negotiations entailed even the exchange of gifts and brought about, apart from few exceptions, a truce between the German troops and the forces of Zervas."
I am not going to read Paragraphs 4 and 5. In paragraph 4, on page 37, the affiant describes, in a similar manner as other affiants did before him, the good relations which existed between Lanz and the civilian population and the civilian authorities. In Paragraph 5 General Lanz' endeavors are described, which he made during the withdrawal in the fall of 1944, to avoid all unnecessary destructions, explosions. The statements of this affiant have been duly sworn to and properly certified.
The following document will be offered as Lanz Exhibit No. 156. and it is Document No. 13, page 38 of Lanz Document Book I. This affidavit also is executed by a common soldier--not by an officer. He was at the time, Corporal, and his name is Hellmut Becker. He was a member of the First Mountain Division and served under General Lanz. The affiant describes one incident which is characteristic of General Lanz and his attitude. The affiant himself experienced this particular incident. I am reading from approximately the middle of page 38, where it says, "On his way up Brigadier General Lanz passed several wounded Russian prisoners of war." ... I would like to interpolate. This is an incident which the affiant did not experience in Greece, but, instead, in 1941 in Russia, while he served under General Lanz." ....."who on account of the lasting fighting and the lasting artillery fire were not being attended to yet. In our position Brigadier General Lanz said most emphatically that the wounded Russians had to be attended to at once, and that he did not want to see anything like that anymore. The momentary danger would be no excuse for not attending to the wounded Russians." That is the extent to which I want to quote verbatim. I recommend the balance of this document to the judicial notice of the Tribunal. I read this particular excerpt because it shows the whole attitude which General Lanz showed to the prisoners and wounded of other nations.
The next document is No. 14, in Lanz Document Book I, contained on page 40, and it will be offered as Lanz Exhibit No. 157. This affidavit also has been duly signed, sworn to, and certified by the Burgomaster. The affiant Schaefer--Karl Schaefer, resident in Rosenheim, in Upper Bavaria, states in the introductory sentences that he knew General Lanz from the time of the Drench campaign, later on in Greece where he, the affiant, was adjutant of the Mountain Engineer Battalion 54, and then when he was Chief of the First Mountain Engineer Battalion. As such he was subordinate to General Lanz. In Paragraph 1 he further says: "General Lanz was the most highly esteemed and venerated of all the commanders whom we had during the long war.
His surpassing personal bravery, his strict justice, his fairness towards the enemy made him a shining example to all of us."
That is the extent of my quoting from this affidavit. In Paragraph 2 and 3 the affiant describes his experiences in detail during the time he knew General Lanz. He says he does not think General Lanz capable of having committed any crimes against humanity. He further describes details and shows under Paragraph 4 how General Lanz tried to prevent excesses towards the civilian population on the part of his troops. However, he goes on to say that where these things took place General Lanz endeavored to punish them accordingly. In Paragraph 5, on page 41 the affiant Schaefer repeats, under oath, what many affiants have confirmed before him -that is, he stresses the attempts made by General Lanz to negotiate with General Zervas and to reach and agreement and understanding with him.
Then follows Document Number 15 in Lanz's Document Book 1 on page 42 of this Document Book. This Document will be offered under Exhibit number 157. I beg your pardon, it should be 158, Exhibit 158. The document number is 15, the page number is 42, and the Exhibit number 158. This affidavit is executed by a lawyer, Friedrich Erdmann from Duesseldorf. He states initially in his statements that at the end of August 1943 he was transferred as ADC to the staff of the Corps Headquarters of the 22nd Mountain Corps, under General Lanz which was being set up at that time. He further states that he belonged to this staff until the end of the war. The affiant describes in the first paragraph his personal Impression of General Lanz. He summarizes in saying that Lanz was an out-spoken opponent of the national-socialist system which he, General Lanz, had declared to be criminal on numerous official and unofficial occasions. Hitler personally and to other leading personalities of the Third Reich.
The affiant goes on to describe several details, on the basis of his knowledge of the situation. He relates the chivalrous attitude shown by General Lanz towards the partisan groups. These statements can be found on page 42. On page 43 the affiant goes on to describe the good relations maintained between General Lanz and the civilian population and General Lanz's endeavors to prevent excesses by the troops and to achieve as good a supply as possible during the time of the occupation.
On page 44 under paragraph 2, and I am reading from this, the affiant says: "General Lanz constantly kept in touch with the local Greek authorities and the clergy, and their trust in General Lanz's justice and readiness to help was so great that they mostly contacted him with suggestions, wishes and complaints although he as commander of the troops, was not competent for this, but the military administrative headquarters as the local office of the military administration." This is my Quotation from this affidavit.
In the balance of the document, the affiant describes incident to confirm his statements, and he shows the grateful attitude of the Greek population to general Lanz and the confidence which the Greek population placed in General Lanz.
This is shown in individual examples.
In paragraph 4 on page 45, the affiant goes on to say, and I have to read this in consideration of the fact that on redirect examination I was not able to clarify one particular problem which seems of importance to me. I am therefore now reading from paragraph 4 on page 45.
"General Lanz always had all affairs examined which were brought to his attention, and if any guilt or the existence of any criminal act was proven, he asked for the most severe Court Martial penalty. In all cases of any importance he had personal reports made to him and he asked for the quickest execution of investigations he ordered. In some of the cases I had to participate as agent of the Prosecution against German members of the Wehrmacht against whom severe incriminations were brought forward. Thus in one case I had to ask for the penalty of death in the case against a corporal (the name of whom I have forgotten), because in numerous cases he had asked the rural population at the point of his gun to hand over to him donkeys which he resold in other villages. General Lanz insisted on it, that once and for all an example was to be stated. In another instance, which however, happened in Hungary in April 1944, 2 sergeants of the 3rd Company of the Corps Intelligence Staff 422 were sentenced to death, because they had robbed a Jewish couple in their home at pistol point. The whole of the proceedings was executed in 2 to 3 days. From each of the intelligence companies some members of different ranks had to be present at the proceedings, so that such events should not happen again, I myself represented the prosecution at the time. As far as I remember the 2 sergeants were later on pardoned by higher authority to 5 years penitentiary, while General Lanz had declined to pardon them, though the 2 sentenced men were old Hitler Youth Leaders."
This is the extent to which I want to read verbatim from this document.
Under Paragraph 5 on the bottom of page 45 and page 46, the affiant describes the negotiations and agreements reached between Lanz's staff and the staff of General Zervas in order to spare their own troops and also the civilian population.
In paragraph 6, the affiant deals with the procedure in which the captured partisans were to be treated, at least in accordance with directives given by General Lanz. I am reading from here merely the first pa ragraph of number 6 which makes it possible for the Tribunal to evaluate the whole problem.
It says at the bottom of page 46: "General Lanz always expressly ordered that partisans taken prisoners were to be treated as prisoners of war. According to his order we had constantly to verify whether or not all partisans reported to have been taken prisoners during combat had actually been handed in at the prisoner of war assembly points, and there were often endless inquiries if the numbers did not coincide." This is the extent to which I want to quote from paragraph 6.
I shall skip the further details given by the affiant in connection with this problem. However, I recommend paragraph 7 to the notice of the Tribunal, keeping in mind that this affiant was for a long period ADC in Lanz's staff, and therefore was a member of the closer circle around General Lanz and that furthermore he was a lawyer.
Under paragraph 7, the affiant says: "General Lanz never ordered the execution of hostages. On the contrary, he was an outspoken opponent of such measures. On his instigation all the prisoners of war who had partly been taken over from the Italians were set free again. I remember that inside a very short time more than a hundred such hostages were set free in Joannina, when it could not be ascertained that they had been proved guilty and had to be arrested."
In paragraph 8, the affiant describes the correct and chivalrous conduct shown by General Lanz on the occasion of the evacuation of the Epirus, and he states that no plunderings, no destructions, no blasting were allowed unless they were absolutely militarily necessary.
In the following paragraph, the affiant gives several details about the strict measures which General Lanz ordered if excesses of the troops became known. He furthermore comments on various individual orders which have been dealt with here in detail. I, therefore, refrain from reading those detailed descriptions, but recommend them to the judicial notice of the Tribunal without my reading them.