I think it is obvious to Dr. Sauter, and it must be to the Prosecution, that the acceptance of the document in evidence was accompanied by the statement that such weight would be given it, if any, as the circumstances seem to require.
DR. SAUTER: Then, as defense counsel, I can assume from this attitude of the Tribunal, that in the future the defense also will have the right to put in its evidence some kind of reports which do not show clearly, and without the defense having to show, when this report was made, by whom, and for what purpose, because whatever the Prosecution claims as its right, the same rights go for the defense. I, therefore, assume that in the future, we will also have the right to put in such reports as evidence, and that the Tribunal will accept these in the same way, and under the same circumstances.
PRESIDING JUDGE BURKE: It would be a little difficult, Dr. Sauter, at this time, to answer in advance a ruling covering the type of evidence that the defense desires to submit. I am certain that at the time it is offered, such ruling that the Tribunal will make will be one that is just and fair and equitable under the circumstances.
DR. SAUTER: I thank you.
PRESIDING JUDGE BURKE: You may proceed, Mr. Rapp.
MR. RAPP: If the Tribunal pleases, the Prosecution is now presenting Document Book No. 14. This Document Book, Your Honors, will deal with the period, August 1943 to December 1943, inclusive. It will primarily emphasize the military picture in Croatia at that time. But there will be several documents pertaining to the picture in Greece. The defendants involved in relation to this evidence are the Defendants Weichs, Foertsch, Rendulic, Leyser and Lanz. Your Honors, our first document, which you will find on Page 1, also on page 1 of the German Document Book, is Document No. NOKW-1391. It will became Prosecution's Exhibit No. 337. There is before us a document from the Air Liaison Officer, dated on the 25th of August 1943, addressed to the Commander of German Troops in Croatia.
And on Page 2, Your Honors, this being a TWX telegraphic message, you will find the statement, "There are communists in black uniforms newly arrived from Skender Vakuf." And then it gives various priorities and numbers affixed to the TWX. Your Honors, if you turn to Page 3, also page 3 of the German Document Book, we will find a document dated 31 August 1943, which is Document No. NOKW-1423, Prosecution's Exhibit No. 338. This, again, Your Honors, are various telegraphic messages sent to the Headquarters of the 15th Mountain Corps, and at the bottom of the page it states that "In Trilica 55 kilometers South of Vakuf, 20 pack-animals and about 50 men some of whom in gray uniform." And then, Your Honors, on August 29, 1943 another TWX on Page 4 of your Document Book, also defense counsel' Document Book Page 4, we find this Daily Report stating, "Own reconnaissance established that the band reported on 28 Aug. in Oberak (5 kilometers North of Ulog) was not the group Vlada Segrt but it is assumed that it was the Hezegovinian Brigade." Your Honors, if you now turn to Page 6 of your Document Book, NOKW-076, which becomes Prosecution's Exhibit No. 339. Defense counsel will find this on their Page 5. This, Your Honors, is once again a teletype message sent on the 17th of September, 1943 and it is addressed to the German General Plenipotentiary in Croatia, General Glais - Horstenau, and it is sent by the Operations officer of General Rendulic, who at that time commanded the 2nd Panzer Army.
You are requested for information as to what measures are being taken in order to prevent the further dissolution of the Croatian Wehrmacht. The 2nd Panzer Army believes the best means would be reprisal measures against family members of the "Traitors to their Country" to stop further desertion of the Croatian Units and the subsequent dissolution of the Croatian Wehrmacht.
2nd Panzer Army Ia And then various illegible signatures certifying to its being a true copy.
On page 7, Your Honor, there is a report from the 1st Mountain Brigade about the subject of treason and desertion of Major Bradac Milan. It is dated the 17th of September, 1943. This unit belonged to one of the non-German units fighting with the German armed forces in the Southeast Area. It is addressed to the Group West, for information: Minister of the Armed Power.
On 14.9.1943 at about 2200 hours the Commander of the III Battalion of the 7th Regiment Infantry, Major Bradac Milan ordered the Company Commander of the 3rd Company of the IIIrd Battalion of the Vth Mountain Regiment Lieutenant Rukavina to march with his Company in the direction of Kriz Since Kritz and the train coming from Zagreb were being attacked.
Lieutenant Rukavina accepted the order and when he marched out of Popovaca he went to see Sergeant Sol and said to him that this seemed suspicious to him, that they were betrayed and that caution seemed indicated.
For this reason Lieutenant R. did not march in the direction ordered but changed the direction.
After the 10th Company had marched off, at about 0030 hours loud firing could be heard from the direction which the Lieutenant had been ordered to take. But this fire was only staged by the partisans in agreement with Major Bradac. Thereupon Major Bradac ordered the 9th Company from Popovaca to go immediately to the assistance of the 10th Company.
When the men had assembled in front of the Company Office partisans came from all sides. About 300. Company Commander then told his people: "Now other times have come, for two years now we have been fighting for nothing".
Then Major Bradac ordered the collection of all arms and equipment and had them loaded on to vehicles, which was also done. And then he marched off with the partisans in the direction of Garic with the 9th Company which had been taken prisoner in this way and with detachments of the Machine Gun Company.
When the Domobranes realized that they had been cheated and betrayed, some of them cried in despair, others again seized the first opportunity to flee with their arms, so that up to now 10 men with 1 light machine gun and 9 rifles have taken to flight.
There were a few who resolved to kill Major Bradac but they were unsuccessful because of the great caution and protection by the partisans.
According to statements collected up to now more than 100 men refused to join the partisans.
In Garici Major Bradac made a speech to the Domobranes asking all of them to remain with him but he did not succeed.
From the above it is clear that Major Bradac as a Commander of the III/5 Mountain Regiment had prepared and executed with forethought the betrayal of the units of the Battalion from Popovaca which were subordinate to him.
He ordered the 10th Company from Popovaca to go in the direction of Ludina-Kriz where an ambush of 3 partisan battalions had been established. Now if the Company had marched in this direction it certainly would have been annihilated.
This Company was sent into the ambush only because of the fears of the Commander that his intentions would be frustrated and that is why the Company was to be annihilated.
DR. LATERNSER: Your Honor, I can not understand what the document is supposed to deal with this trial. It is purely a Croatian matter and I don't know what we have to do with such a document. I, therefore, object to its introduction.
MR. RAPP: If the Tribunal pleases, the purpose of this document, Your Honor, is closely connected with the previous documents I have read to you into the record showing how the Commander-in-Chief of the II Panzer Army intended to punish deserters of the so-called Croatian volunteer army fighting with the Germans.
DR. LATERNSER: Your Honor, something is brought into a connection here which can't be put into connection. It is an order of the Panzer Mountain Army which has been read whereby it had been recommended that it would be the best means to make reprisals against relations of deserters. But that this recommendation of the Panzer AOKII, can have any connection with the document which has just been read, does not show clearly at all because the report which has been read is likewise of the 17th of September, so that an order of the AOK-II given on the 17th of September or rather a recommendation cannot have any effect on that same date in Kutina. That is purely a Croatian matter which has nothing to do with this trial.
PRESIDING JUDGE BURKE: Toward what defendant or defendants are you directing the offer of this alleged proof?
MR. RAPP: To the defendant Rendulic, Your Honor.
Your Honor, the Prosecution cannot ascertain if such occurrences have happened prior to the issuance of the order by the then Commanding General, of the II Panzer Army, defendant Rendulic. We would like to ask the Tribunal to accept this document into evidence and give it such weight as the Tribunal may feel it right to give, if any.
PRESIDING JUDGE BURKE: For the time being, the motion of Dr. Laternser will be granted with the Understanding that later, if the prosecution may present some type of more formal, and legally recognized proof, it will be admitted but until that time the motion will be granted.
MR. RAPP: The next document, Your Honor, will be Document NOKW880 which will become Prosecution Exhibit 339 - and the previous prosecution Exhibit being 339 is deleted. Is that agreeable to Your Honors?
PRESIDING JUDGE BURKE: That is agreeable with the Tribunal.
MR. RAPP: Your Honors, I just have been advised that only a portion of this document which previously was introduced as evidence, 339, has not been accepted. Is that correct, Your Honor?
PRESIDING JUDGE BURKE: The whole exhibit was included within the scope of the ruling of the Tribunal.
MR. RAPP: Very well, Your Honor. Your Honor, NOKW-880 will now become Prosecution Exhibit 339. This is a document dated 3 August 1943, an excerpt from a War Diary of the 1st Mountain Division which at that time was a part of the XXIInd Mountain Corps, commanded at that time by the Defendant Lanz. It states:
Paragraph 4) Carrying out security:
Suspicious male civilians are to be shot if they carry arms; otherwise, they are to be arrested and transported to Joannina.
For the Division HQs The Second General Staff Officer (signed) Brannerer Major General, General Staff Corps.
Distribution, and finally the official seal of the Division.
On page 11, Your Honors, this document continues. This is page 8 and 9 of the German document book, and it says, under paragraph 6:
Security of the convoy by means of a civilian truck occupied by hostages:
In front of the security truck, a civilian truck occupied by hostages is to go every day, which will force anti-mine blockades to explode and will accordingly warn the security trucks in time.
And this is signed "Hagenneinder".
And at the bottom of page 11, which is page 9 of the German document book, Your Honor, we find a subject pertaining to the quarterly ration report and it again comes from the 1st Mountain Division and it states, on the prisoner-of-war affairs: "All together, 2400 PW's and hostages were held in custody by the Field Gendarmerie in its jail and collecting points within the Division area and evacuated from there to the rear."
That is signed for the Division Headquarters for the Second General Staff Officer. This, Your Honor, concludes NOKW-880, Prosecution Exhibit 339.
Court No. V, Case No. VII.
Your Honors turn to page 13; this ill become Prosecution Exhibit 340, NOKW 509
DR. FROSE: Before the documents being read may 1 please look at it.
PRESIDING JUDGE BURKE: Will you repeat please.
DR. FROSE: May it please your Honor, may I look at the photostat before the document is to be read?
PRESIDING JUDGE BURKE: I am sure counsel will afford you the courtesy.
MR. RAPP: Very well.
DR. FROSE: (Attorney for the defendant Dehner) May it please your Honor, I will have to object to the introduction of this document. The document shows a heading, "General Command 69th Reserve Corps", but no address; it does not show to whom this order is addressed. It shows no signature, but starts immediately with several enclosures. In the further course of the document, in the German version, there is a name turned out which is signed, the Chief of Staff for the 69th Reserve Corps as Nebenbach. There was never an officer "Nebenbach" in the 69th Reserve Corps, I have to contact the authenticity of this document and I have to object to its introduction.
PRESIDING JUDGE BURKE: For the information will you please state the exact page of the English document and the location of the name referred to.
MR RAPP: Your Honor, Defense Counsel is referring to page 13, NOKW 509, Page 14.
DR. FROSE: Page 14 is the end of the communication of the 69th Reserve Corps. It has no signature in the English oh page 14.
PRESIDING JUDGE BURKE: The signature is illegible, is it not?
DR. FROSE: In the German text that is not so.
PRESIDING JUDGE BURKE: In the English text I find the following:
"Certified to be a true copy, Corps Headquarters, dated 2.12.43, signature illegible, Captain."
DR. FROSE: I beg your pardon, your Honor, that is the signature for the enclosure to the alleged order of the 69th Reserve Corps, and not to the main part of the communication, page 13.
PRESIDING JUDGE BURKE: For the reasons already assigned by the Tribunal with respect to this type of offered testimony it will be received.
MR. RAPP: Your Honors, on page 13, we have a letter from the High Command of the Wehrmacht, Furhrer Headquarters, dated 18.8.43. It makes reference to the Chief of Staff of the High Command of the Wehrmacht, WFST/Organization II, No. 02958/43 secret dated 8.7.43.
PRESIDING JUDGE BURKE: Will you permit us to interrupt. Will you be kind enough to hind to the Tribunal the document in question? Thank you.
MR. RAPP: You are very welcome, your Honor. The document states:
"In order to clarify any doubts in connection with the order pertaining to the treatment of prisoners taken during the combatting of bands in the East and Southeast the following directives for the execution of No. 4 of this order are issued in agreement with Reichsfurhrer SS and Chief of the German Police:
"1) All members of bands surrendering or captured in combat wearing enemy uniform or civilian clothing are to be treated as prisoners of war. It is within the discretion of the Hq's authority or the local troop leader in accordance with a given situation to treat as prisoners of war also, those persons found in the immediate combat area against whom no combat action can be proven but who are considered as the accomplices of bands.
"2) Excepted from the treatment as prisoners of war are: members of bands - regardless of how they are dressed - who report with or without arms to a German or allied unit outside of combat action. They are to be treated as deserters.
"b. Members of bands captured in a German or allied uniform (not deserters). After thorough interrogation they are to be shot.
"3) Commanders having the rank of at least that of divisional commander are empowered in cases of particularly malicious procedure on the part of bandits or their accomplices to issue precautionary directives not to take any prisoners or, respectively, that prisoners and the population captured in the combat area may be shot.
Without adequate orders, local commanders will act accordingly on their own responsibility. The Chief of the High Command of the Wehrmacht signed Keitel "Addendum High Commander Southeast Figure 4 mentioned above reads as follows:
4.) Male prisoners from 16 to 55 taken during combatting of bands in the operational area, the Army area, the East Kommissariat, the Generalgouvernement and the Balkans are to be considered prisoners of war in the future. The same applies for these men in the newly conquered territorities in the East. They are to be transferred to prisoner of War camps and from there to be sent for labor employment into the Reich.
Certified to be a true copy Corps HQ.
dated 2.12.43.
(signature illegible)
Captain" Your Honors the next page, page 15, we will find a letter from the then Commander in Chief of the 2nd Panzer Army, the defendant Rendulic issued from the 15 of September 1943 at his Army Headquarters.
The letter is:
"Intelligence Offices(III) Registration No. 39/43 secret.
Subject: Combatting of bands, reprisal and evacuation measures.
I. Band activity within the area of the 2nd Panzer Army is growing everywhere to a serious threat endangering, in particular, the entire supply where the troops lack the necessary *severity* toward each individual bandit.
II. Hence I order to the troops subordinate to me
1) All operations against collective bands or against individual bandits are to be executed with ruthless severity.
The unit employed in band combat is not to be satisfied merely to chase away the bands but it must attempt again and again to exterminate bands or at least parts of them. Of course the plan of the operation is to take this request into account.
2) "The severity of the fights against the cunning enemy often makes it impossible to bring in prisoners without endangering one's own men. The precautionary directive under No. 3 of the OKW order below not to take prisoners will frequently become necessary against the bands in the Serbo-Croatian area. Should the individual bandits nevertheless be captured alive by our own troops they are to be treated in accordance with the attached order of the OKW/WFSt/Operation (N) No. 3408/43 secret, dated 18.8.43.
3) "On the other hand another medium to reduce the bands is applicable, having proven its value of the Eastern Front: propaganda to induce desertion. This propaganda has to be carried into the homes of the population, (women and parents of the bandits who are in danger of losing their houses, or who may become hostages, if the bandit does not desert in time). The bandit is to be given an opportunity to desert; outside of combat action, with the assurance of good treatment and the description of the foolishness of band combat by leaflet and by the propaganda of confidential agents (V-Mann).
"A well organized reception organization and careful counter intelligence measures a necessary for that. The numbers of deserters will increase when people start talking about the good treatment and food the deserters receive.
"Bandits deserting only during battle cannot count on any favors. The divisions are to report the number of deserters of the preceding month or the first of each month. They are also to inform the Corps HQs of executed or intended measures to increase the number of deserters. On the 8th of each month the latter will submit a collective report to the Army Ic.
"4) In territories permeated by bands in which attacts are to be expected and also in the areas where attacks have occurred the arrest of hostages from all classes of the population is a successful means of intimidation.
"As hostages are to be considered primarily:
a) The dependants of members of the band
b) persons guilty of having assisted bands
c) Other suspicious persons The Population of the territory concerned is to be informed of the arrest of hostages and to be told that the hostages will be shot at the first attack which occurs.
The threat is to be put into effect immediately if the attack is executed.
(A recess was taken)
THE MARSHAL: The Tribunal is again in session.
PRESIDING JUDGE BURKE: You may proceed, Mr. Rapp.
MR. RAPP: Your Honors, prior to the recess we were on page 17 of your document book and we are now approaching paragraph 5 of this document.
"Attacks on German members of the Wehrmacht and damages to warimportant installations are to be answered in every case by the shooting or hanging of hostages and the destruction of surrounding villages which latter is to take place, if possible, after the arrest of the male population inform the German authorities if bandits collect so as to avoid reprisal measures.
"Unless in individual cases different orders are issued, the rule for reprisal measures is;
1 German killed 50 hostages 1 German wounded 25 hostages."
Your Honors, in the original document we have also the words, "shot or hanged" after 1 German wounded and "25 hostages"; and then it says "shot or hanged." I would kindly ask the Tribunal to enter this on your document book and I will also hand the document to the court interpreter for proper authentication, if that is agreeable to the Tribunal.
PRESIDING JUDGE BURKE: That may be done.
INTERPRETER: The translation from the original German is as follows: "Unless in individual cases different orders are issued, the rule for reprisal measures is:
1 German killed 50 hostages 1 German wounded 25 hostages shot or hanged."
PRESIDING JUDGE BURKE: Is it agreed that that represents the translation of the German text? The correction may be made.
MR. RAPP: "Kidnapping of a German will be considered equal to killing a German unless the kidnapped person does not return within a definite period. According to the severity of the attack a hundred hostages may be hanged or shot for each attack against war essential installations.
The reprisal measures are to be executed if the culprit is not caught within 40 hours.
"Where possible, reprisal measures in Croatia are to be executed by Croatian police under the supervision of executive bodies of the Secret Field Police of the Field Gendarmerie, or the SD, but in no case is it permissible that a delaying of measures by the Croatian authorities creates a disadvantage to or imperils German soldiers. In urgent cases the responsible leader has to act independently. The execution of reprisal measures with the reasons therefore is to be made known to the population by leaflets.
"The Divisional Commanders or independent Regimental Commanders are to issue orders for the arrest of hostages and for reprisal measures. These commanders decide whether the reprisal measures are to be executed at the scene of the action or in prison camps. Arbitrary excesses of subordinate authorities and of individual soldiers are to be prohibited. The arrest of hostages and the execution of reprisal measures is to be contained from time to time in the Daily Report of the 2nd Panzer Army.
"Male inhabitants aged from 15 to 60 years are to be evacuated from those band infected areas which are particularly important for the conduct of the war. At first they are to be collected in work camps under guard. The Army will order further employment for labor. The evacuations are to be executed by surprise action in order to avoid a previous flight of the population.
Areas to be evacuated are: the country neighboring on important heights of passes and roads of passes sectors along railroad tracks which are particularly in danger, etc.
"Intentions to execute evacuations are to be reported by the Corps Headquarters to the 2nd Panzer Army Ia and 2nd Panzer Army OQU., 1 copy each."
Signed: "illegible signature" and then "Signature General of the Infantry. Certifying the correctness of the copy: Corps Headquarters dated 2.12.43. (Signature illegible) Captain. Distribution: PP."
Your Honors, on the next page, page 19, page 10 of the German document book, we find a letter from the "Corps Headquarters 69th Reserve Corps, Operations Officer No. 1078/43/1074 secret II.A. "dated 23rd of September 1943, at a time when the defendant Geitner commanded the 69th Special Purpose Corps.
This letter implements the letter which the defendant Geitner received from the defendant Rendulic which was previously read into the record. The reference is: "The Commander in Chief of the 2nd Panzer Army Intelligence Officer III, Registration No. 38/43, secret, dated 15.1.43; To Corps Headquarters 69th Reserve Corps, Ia No. 1078/43/1074 dated 19.9.1943."
"To supplement the order previously issued by the Commander in Chief of the 2nd Panzer Army, the following has been ordered.
"1 to 3) Propaganda to induce desertion.
"a) Suggestions for leaflets are to be submitted to the Corps HQ's by the division before 5.10.43. Soldiers of all grades (newspaper men and publicity experts, teachers, professors, etc) are to be interested in suggesting these drafts. The best leaflets will be printed by the Corps HQ's and will be dropped over the band territory in the German and Serbo-Croatian languages. A punctual report on the 1st of each month is to be observed.
"b) The Corps HQ's will apply to the Army for monetary rewards in return for timely reports of intended attacks and for information on the hiding places of the bandits. These monetary rewards are to be paid. If these attacks are frustrated and if bandits are found in the hiding places. Monetary rewards also are to be paid for turning in of arms, ammunition and explosives. Special suggestions for leaflets concerning these monetary rewards are to be submitted to the Corps HQ's.
"II. to 4, 5 and 6 Hostages.
"a) Divisions are requested to report the number and location of hostages in their custody or in the custody of the units before the 1.10.43. They will submit lists showing name, age, sex, profession and place of resistance.
In taking hostages close cooperation with the German and Croatian police? with the SD and the Croatian authorities is requested in order to avoid affecting circles of the population which have nothing to do with the bandits. The wishes of the Croatian authorities to arrest certain persons as hostages are to be granted as long as no particular reasons exist to the contrary.
"a) The divisions are requested to report before the 5.10.43 which territorial sectors are being evacuated, together with a time table of evacuation. At the same time it is requested that a report be made in which work camps the male inhabitants between 15 and 60 are collected, together with the number.
"b) Reports concerning the taking of hostages and the execution of reprisal measures are to be contained in the Daily Reports from time to time."
And then there are some handwritten illegible notes: "War Diary No. 1 (?) 69th Reserve Corps? 46521/4."
Your Honors, if you will kindly turn to page 21 of your document book 15 of defense counsel, we will find another letter from the 69th Reserve Corps at that time under the command of the defendant Dehner dated 6 October 1943:
"Subject: Combatting of bands, reprisal and evacuation measures."
Then there are references:
"1) Corps HQ's LXIX Reserve Corps Ia No. 1078/1074/43 secret II Ang.
2) 187 Res. Div. Ia/E Az. 5 General No. 7613/43 secret, dated 27.9.43
3) 173 Res. Div. Ia No. 930/43 secret dated 29.9.1943."
These are units within the 69th special purpose corps.
"I. Regarding installation of reprisal camps at evacuation camps we refer to Figure 4.) of the order "The Commander in Chief of the 2nd Panzer Army.
The Army has issued orders that captured members of bands, hostages and evacuees are not to be transferred until further notice.
II. The Army requests an exact report of the territories to be evacuated with a time-table of evacuation attached. Only males from 15 to 60 are to be evacuated but no old men, women and children, as the 187th Reserve Division supposes. This will do away with objections the 187th Reserve Division has voiced regarding the erection of camps. As a result of the evacuation many buildings in the villages on the railroad tracks will be made free, or they could easily be emptied by consolidating old men, women and children in billets. Without much effort and additional construction the evacuees and the hostages are to be billeted in these buildings.
Of course the camps of the evacuees are to be kept separate from those of the hostages - since the first mentioned are to be considered free workers. As ordered previously only such persons as are politically suspect, or whose relatives are proved to have joined the bands or those who cannot or do not wish to give any information as to where their relatives are, are to be taken as hostages.
Croatian soldiers to whom a German cadre is assigned may be used for guards. A German officer or non-commissioned officer must always be the camp commander. Officers having been promoted from non-commissioned officers will be particularly suitable as commanders.
The Communities are to supply rations for the evacuees until other rules are prescribed. Corresponding tribute is to be exacted from the communities.
Until further notice the rations of the hostages are to correspond to other prisoners of war.
III. Evacuees and hostages are to be employed in hard labor for clearing the sector (prohibited zone of 300 meters each on both sides of the main roads). And order will be issued regarding wages for the evacuees.
IV. The 187th and 173rd Reserve Divisions are requested to report immediately from which villages on the railroad - except those villages reported previously by the 187th Reserve Division - the male population from 15 to 60 years of age is to be evacuated and at what time.
For the Corps HQ's Chief of the General Staff signature illegible Then the distribution list:
187th Res.Div.
173rd Res.Div.
In the Building:
Qu. (simultaneously IVa) Ia (draft) War Diary If your Honors will now turn to page 24, we will find a document which was sent by a regiment within, or a part of the 187th Reserve Division, which was in turn again a part of the Special Purpose Corps, commanded by the Defendant, Dehner.
We would like to call your Honors attention to the fact that this document is possibly one of the very few documents that has come into the hands of the prosecution staff, in which the number of hostages executed is less than the numbers of soldiers killed on the German side, and we wish to point out that we are putting this document in nevertheless.
This document is to the 187th Reserve Division. Reference -- I believe this is on defense counsels' page 24, (page 24 of the English):
Reference: Commander in Chief of the 2nd Panzer Army, Intelligence Officer As reprisal measures for the attacks on railroads executed on 8.10.
1943 near Paulovac, 17.10.1943 near Vukosavljevica and 19.10.43 near Severin and Paulovac during which 12 German soldiers, 9 German gendarmes, 1 Croatian gendarme, 1 member of the Croatian legion, 5 members of the Croatian armed forces and 2 members of the Ustacha were killed and during which 12 members of the Gendarmerie were wounded and from which 10 members of the Ustascha still are missing, 25 bandits and followers of bandits were shot to death by order of the area command by the Croatian Gespanschaftpolizei on 19.10.1943. The population has been informed of the execution of the reprisal measure, by means of leaflets which contained all the reasons for it. Since the urgency of the case did not permit time to ask for authority post factem agreement is requested.
Signature For the correctness of the copy Dr. Gernstein, Captain Your Honors, turning now to page 26, I believe page 20 of the German Document book, we will find a report on the training of the troops, the attitude and morale of the division, the preparation of troops, and various references to a Cossak-Division which fought in that area:
....The long lasting preparation had alerted the bands and had given away our aim. Therefore band troops were able to retreat unhindered towards the South across the Save. The carefully planned and ordered operation Herbst II became void.
2.) Degree of training of the troops employed. The police company particular the one from Djakovo is extremely inferior. It is poorly trained, or not at all, and poorly disciplined. The fully trained Domobranes (all instructors) were distributed as riflemen and quite useful. The young recruits of the regiment were extraordinary. Even though they had not come to battle they proved themselves to be all right despite the short term of training (two weeks basic training). They were disciplined, their appearance was striking, they were attentive as guards, they kept very good fire discipline. The Ustaschal Company had not received any training at all.
3.) Attitude and morale of the population. The population was extremely obliging and glad to cook the rations for the soldiers. Since no field kitchens were available civilians brought the food to the soldiers at their posts. No friendliness to bands was noted. The population open heartedly notice the tremendous difference between the German soldiers and the cossacks. Demands for help and protection against the Cossacks were not infrequent.
The Cossacks behaved like the Huns. Their behavior toward the population led to the conclusion that the influence of the German leaders and sub-leaders was not very great. The Cossacks confiscated anything they could find: vehicles, bicycles, horses, cows, oxen, pigs, chickens, geese, hay, oats and straw. This was regular pillaging without asking any questions and without any compensation or receipt.