BY MR. FENSTERMACHER:
AAt that time in April 1941, Germans prevailing in number, and that continued until the time when they invaded Crete, rather when they had completed with the invasion and the operations in Crete and they started withdrawing towards the North and they were progressing towards the Russian front where they were supposed to strike quite soon.
Q Were German troops in Athens continually from April 1941 until October 1944?
A Yes, regardless of the period of time, there were Germans in there at all times. Sometimes there were more and sometimes there were less.
Q When did the Italians troops leave Athens?
A The Italians did not leave Greece. They were disarmed by the Germans in September, 1943.
Q Witness, were you a guerilla fighter and soldier as well as a journalist during the period of time to which you have testified? That is to say, from April 1941 until October 1944?
A Yes, that was the duty of every person that went up to the mountains.
Q Now, will you state again the sources of information for the testimony which you have given?
PRESIDING JUDGE BURKE: Mr. Fenstermacher, pardon me for interrupting. My impression and that of my colleagues is that this matter has been quite fully covered.
MR. FENSTERMACHER: If your Honor pleases, Dr. Laternser, it seems to me, has some doubt upon the sources of information which the witness had at his disposal in order to testify.
PRESIDING JUDGE BURKE: Very well, you may proceed.
BY MR. FENSTERMACHER:
A First of all, it is my own experience, what I saw myself. Secondly, in my capacity as Zervas's adviser, personal adviser; and thirdly by the fact that all the documents of tho guerilla forces were in my hands and still are in my hands.
Then there was another fact, the fact that as the man in charge of the press tho official information came both to me and to the headquarters, not only the official information bu also the top secret information.
Q Did you also travel around in the combat areas and speak to troops of tho EDES organization?
A Yes, I did at all times.
Q Did you speak to the inhabitants of the villages in the combat area as well?
A Yes, indeed. Absolutely.
Q Witness, you testified that in November 1942, 98 EDES men attacked from 18 to 2,000 Italian troops. Was it customary for the EDES organization to attack the enemy, even though greatly outnumbered?
AAbsolutely. If the order was to carry out the operation, they did so. And there are certain other incidents where the difference of strength is even more drastic.
Q Did you also attack German forces even though outnumbered from 3 to 4 to 1? Or even more outnumbered than that?
A Yes, quite often, with the only exception that our losses then were much heavier.
Q Witness, you were also asked a few questions about the Evzones organization and their relationship with the EDES organization as it appeared from a document which was submitted, excerpts of which were read to you. What was the Evzones organization, witness?
DR. WEISGERBER: Objection. I object to this question. On Saturday I asked the same question and Dr. Fenstermacher objected then and he gave the reason that this was not in connection with the matter to be dealt with, and I think that this situation is still the same and therefore now I object.
MR. FENSTERMACHER: Your Honor, I recall that Dr. Weisgerber later qualified the witness to speak on the matter and we then had quite a discussion on tho relation between the EDES and the EVzones organization.
PRESIDING JUDGE BURKE: Well, with that understanding, if defense counsel wishes to question him further, he may have the opportunity to do so. This is my personal opinion. I haven't conferred with my associates but that is my personal feeling about it. You may proceed.
MR. FENSTERMACHER: With your Honor's permission then, I will refer directly to the document which was read from by defense counsel on Saturday.
BY MR. FENSTERMACHER:
Q Witness, I am reading now from Document NOKW-692, which is prosecution Exhibit, in evidence, 422. This is on page 114 of the English document book, and I believe on page 83 of the German document book. I should like to have your explanation, witness, about the excerpts from this document after I have read it to you. This is a report from the Military commander in Greece dated 19 November 1943, and one section of the document is as follows:
"Evzones, Greek War. They had continued to prove themselves during raids against Communists in Athens. The organization of an Evzones regiment in Athens with three battalions and that of one regiment in Patras with two battalions on the way. Cadres emanate between the two fine battalions which were already in existence.
"EDES company, Evia. As a trial, 100 EDES followers, nationalist band, were armed in return for the furnishing of hostages and under the leadership of the Prefect General Liakos they were committed from Chalkis. As yet, only minor successes against Communists."
Witness, do you know who General Liakos was?
DR. LATERNSER: Objection. This part of this document was not a matter of the cross-examination and it cannot be used now.
PRESIDING JUDGE BURKE: You may take the answer.
MR. FENSTERMACHER: You may answer the question, witness.
Anagnostopoulos BY MR. FENSTERMACHER:
A General Liakos had been appointed by the Quissling government in Chalkis as Prefect. This man couldn't possibly have anything to do with the guerilla bands observers. If Mr. Fenstermacher would be kind enough to tell me the date, I would appreciate it.
Q The document from which I am reading is a report from the Military Commander in Greece dated 19 November 1943.
A That way at a period of time, that is the 19th of November, 1943, at which Zervas's forces were fighting in the Tzoumerka and at which time the battle had reached its peak. Therefore, it is absolutely impossible to believe that while Zervas personally was facing a crisis and the battle was raging, he delegated certain troops to fight with the Germans.
Q Witness, did EDES troops from Zervas organization ever fight in conjunction with Evzones units?
A General Zervas had made an announcement to the Evzone groups telling them that in case they shouldn't dissolve -- I mean demobilize their groups, they would be considered traitors and as they did not dissolve their groups they were considered traitors, at least certain units.
Q Did EDES troops ever fight with Evzone units?
A No, never.
MR. FENSTERMACHER: Now, if your Honors please, in the direct examination on Friday and Saturday, I completely neglected to ask the witness two or three questions which were not touched upon in cross-examination, and I should like your Honors' permission to go into that now. The questions and answers, together, should not take more than five minutes.
PRESIDING JUDGE BURKE: You may proceed.
BY MR. FENSTERMACHER:
Q Witness, bearing in mind the sources of information to which you had access, do you know how EDES troops were treated when captured by the Germans? 2171
A From the moment when the Germans arrived in Epiros until May 1944, all the EDES members who were captured were executed, or most of them. Later on the Germans avoided to shoot them but there were still incidents where EDES members were shot. During the first period, the crimes which were committed against EDES member who were wounded and prisoners are horrible.
Q Witness, from the reports which you had access to during the period prior to May 1944, what percentage of EDES troops captured by the Germans were executed, if you know?
AAt least 70 per cent.
MR. FENSTERMACHER: Your Honor, I have no further questions at this time but the photographs about which I spoke on Saturday that I should like to put to the witness, are in the process of being reproduced, and I should like -- I believe they will be ready tomorrow-- and I should like to put the witness on again simply for that purpose.
PRESIDING JUDGE BURKE: Very well.
MR. LATERNSER: Your Honor, I should like to cross-examine the witness about some points which I have not been able to clarify yet.
PRESIDING JUDGE BURKE: Very well, you may proceed.
DR. LATERNSER: And which only come to me now.
RECROSS EXAMINATION BY DR. LATERNSER:
Q Witness, you said just now that members of the EDES who became German prisoners were executed.
A Yes, that is correct, and I could even give you names.
Q Did you see such executions yourself--members of the EDES executed by Germans?
AAbsolutely. I saw their bodies,
Q I asked you whether you witnessed EDES members being shot by Germans?
A If I had been there, they would have shot me too.
Anagnostopoulos)
Q Well, who told you then?
A When we knew, for instance, that a wounded man, a man who had been wounded had been left in some home in a village and our armies withdrew from that village after the battle and the Germans moved in and we returned after a while and we went back to the house to find the wounded and we found him dead, killed in a horrible manner, then of course we knew that the Germans had done it.
Q I asked you, witness, who told you that he saw, himself, shootings of prisoners?
A Many of them did, many for instance who were present when the shooting occurred and for some strange reason or other, they escaped. Do you want any names, Mr. Defense Counsel? And dates also? All those things were reported detail by detail to the Middle East Headquarters.
Q But from your own knowledge, yon don't know anything about that? I mean from your own experience?
A Personally, I have seen the body of my friend, Lt. Galiatsos who had been killed by the Germans in a most horrible manner which not even the New Guinea inhabitants would have used. That was at Tetrakommon. One of the greatest heroes of this war was First Lieutenant Ballas, he was executed in the same manner together with 18 other prisoners, also wounded on the road between Boulgarelli and Neraidos and the monastery of Agyia Kyriaki which is also near Joannina which we had transformed into a hospital and all our heavily wounded men and the nurses were burned alive by the Germans inside the monastery, and even about that there is a personal information in the headquarters in the Middle East. I saw the monastery myself with the burned bodies in it.
PRESIDING JUDGE BURKE: At this point, we will recess until 11:30.
(A recess was taken.)
Court V Case VII Anagnostopoulos)
THE MARSHAL: Persons in the court room, will be seated.
THE PRESIDENT: Tribunal is again in session. You may proceed Dr. Laternser.
BY DR. LATERNSER: - RECROSS EXAMINATION
Q Witness, I would like you to answer this question with yes or no. Did you, yourself, see at any time that members of the EDES who were captured by the Germans were shot by the Germans. Did you over see that yourself. Yes or no.
A No, I said I didn't see that myself. I gave that answer before.
DR. LATERNSER: I have no further questions.
INTERPRETER SIMHA: The witness informed me that he has a brief statement to make.
PRESIDING JUDGE BURKE: Mr. Fenstermacher?
MR. FENSTERMACHER: I have no idea what the witness has in mind, your Honor.
PRESIDING JUDGE BURKE: I think you should confer with the witness to find out if it has anything to do with the proceeding.
MR. FENSTERMACHER: Your Honor, I think we have covered the material already about which the witness wants to talk about.
PRESIDING JUDGE BURKE: As an American Tribunal we seek to limit the witness' answers to interrogations either by the Prosecution or defense counsel. Are there any further questions?
Judge Wennersturm or Judge Carter, do you have any further questions?
Mr. Fenstermacher, I understand you wish to recall the witness for the purpose of identifying certain Court V Case VII Anagnostopoulos) documents or photographs.
MR. FENSTERMACHER: For curtain photographs and that's all.
PRESIDING JUDGE BURKE: With that exception the witness may stand excused.
MR. DENNEY: Your Honors, please, may the Marshall be directed to summons the witness STEPHANOS PAPPAS.
PRESIDING JUDGE BURKE: The Marshall is directed to summons the witness STEPHANOS PAPPAS.
Stephanos Pappas, you may arise and be sworn.
Stephanos Pappas, I swear to speak the truth and only the truth in reply to whatever I am asked, without fear and without prejudice. (The witness repeated the oath.)
You may be seated. You may proceed Mr. Denney.
BY MR. DENNEY: - DIRECT EXAMINATION
Q What is your name?
A Stephanos Pappas.
Q Are there two or three Ps in your last name.
A Double P.
Q Then there are three Ps in your last name.
A Yes, that's correct.
Q Where were you born?
A In Kommeno of Arta.
Q In what region of Greece is that?
A In the Epiros area.
Q And is Kommeno spelled K-O-M-E-N-O?
A It is spelled K-O-M-M-E-N-O.
Q When were you born?
A I was born on the 14th of February 1903.
Q How much education did you have?
A I finished at the University of Athens. I studied Ancient Greek, Modern Greek and History.
Q And you received a degree from the University of Athens?
A Yes.
Q What is your occupation?
A I am the second manager or deputy manager of the college of Arta.
Q Do you have other duties other than the assistant director of the school?
A I have tasks in connection with teaching at the college.
Q What subjects do you teach?
A I said before Ancient History, Modern and ancient Greek.
Q How many pupils are there in this school?
A Last year we had 768 pupils.
Q And general what is the ago range of these pupils?
A The college consists of six classes, therefore the ages range from 13 to 20.
Q Are you married?
A Yes, I am.
Q Do you have any children?
A I have three children, one boy and two girls.
Q Where were you when the invasion of Greece started?
A I was in Arta.
Q Is that spelled. A-r-t-a?
A Yes, that is correct, A-r-t-a.
9 When did you leave Arta?
A I left at the end of 1942.
Q And where did you go?
A I went to Kommeno, K-o-m-m-e-n-o in Arta which is my home town.
Q What were you doing there at that time?
A I dealt with agricultural matters in order to be able to live, to earn my living.
Q Directing your attention now to the date 16 August 1943, where were you on that date?
A On the 16 August 1943 I was in Kommeno, because my home and my family and whatever else I had were in Kommeno. I said I was there as of 1942 continually.
Q Will you tell the court what happened on 16 August 1943?
A Yes, I will. The day before, on the 15th of August was the date on which the village is celebrating the religious feast of the Virgin. On the 12th of August, that is four days before the 16th of August, a car appeared containing three Germans and a driver, and the driver was also German. And in the small square of the village there were five guerilla soldiers. They were unknown to us and we didn't know why they were there. The moment the Germans saw the Guerillas and the moment the Guerillas saw the Germans the Guerillas left, and so did part of the population, and the Germans got back to their car and drove away in an unknown direction, -that is, they returned to the place where they had come from -- correction, that is rather than "unknown direction." Nothing else happened to the village.
Q Coming back to the 16 August 1943, will you tell me what happened, or tell the Tribunal?
A Very well. I said on the 15 August was the date when the feast was going on in the village.
According to the usage in the village the people celebrate all day long on the 15th, and also part of the following day, namely all day long, the whole night and the following day also. On the 16th of August when the stars were fading away I heard a great noise coming from the direction towards the village. I said a large noise, which was, I believed, occasioned by vehicles. I was sleeping outside of my home about 30 or 40 meters from the house in a small shack I had. At the beginning I thought it was a noise made by planes. However, later on as the noise approached the place where I was, and by the time those vehicles reached a distance of 100 to 150 meters from my home, I realized they were vehicles, because naturally it is logical the noise increases the moment the engine is shut off. Immediately I ran up to the house. I knocked at the door and I told my wife that we should meet, in case anything should happen, in a designated spot outside the village. I left the shack just as I was, with my pajamas on and with my shoes.
Q Where did you go?
A I went to the spot where the small river of Arachtos ends in the Amvritikos Bay. Arachtos is spelled A-r-a-c-h-t-o-s, and Amvritikos is spelled A-m-v-r-i-t-i-k-o-s.
Q In which direction is that from the town of Kommeno?
A It is southwest of Kommeno.
Q What time was this?
A It was approximately 5:30. It was a time when you could just about begin to see human beings walking around.
Q After you left your house in which direction did you go?
A I told you before that I went into a southwest direction namely towards the spot toward the River Arachtos ends up in the Amvritikos Bay.
AAnd what did you see as you went?
A I was the distance of between 50 and 100 meters from my home when I heard two shots. I heard one shot that came from the direction of the sea, tho bay, and the second shot came from tho direction of the river.
Q. Did you see anything?
A. At the same time I saw a rocket explode in the sky, which was colored green.
Q. Did you see anything else?
A. And I also heard several shots being fired. Shots came from all around the village, from all directions around the village and also machine gun shots, the quite dry hoise of machine guns. On my right hand side at approximately 150 feet from where I was standing, in the direction of the river, on a small hill, I saw the German soldier firing away with this machine gun without interruption.
INTERPRETER ANAGNOSTOPOULOS: May I ask one of the Greek men here if machine gun is the word for Polivolo ? I may be a heavier weapon. Do I have the right to ask?
MR. DENNEY: Certainly. If they know.
INTERPRETER ANAGNOSTOPOULOS: That is right. It is correct, so it was machine gun.
Q. Was there anything between you and the German soldier firing this machine gun?
A. Yes, indeed there was. Of course, I purposely chose a road which would make me somewhat invisible from the others. There were small woods in between and also high underbrush. I will correct that, -- the woods contained small trees.
Q. Will you continue with your account?
A. Until I reached the river the shots became more and more numerous. One could gain the impression that a severe battle was going on. You could hear the noises of hand grenades being thrown. I know the noise, and you could hear automatic weapons, and you could also hear the small Brengun like weapons, tommy-guns. I arrived at the mouth of the river. And it was naturally chance that I found a small fisherman's boat there.
Q. And then what did you do?
A. I also met a fellow citizen of mine also a teacher whose name was Oliokotsis. With the help of this small boat we crossed, the river and gained the other side of the river, and from the bank of the river we could observe the drama of Kommeno. The distance between the point where we were standing on the other side of the river bank, to Kommeno, was approximately five hundred meters. From there we could observe the flames shoot up into the sky. First there were a few flames and then they kept increasing and engulfed the entire village. I could even see my house go up in flames, because my house was situated a little bit higher than the rest of the village. At that spot where we were standing more and more people came, those who had been lucky enough to get to the other side of the bank.
Q. How many people in all finally arrived at the other side of the river?
A. There were 208 men or people on the other side of the river, men, women and children.
Q. How many people lived in Kommeno?
A. There were 620 people in Kommeno?
Q. All right. Please continue.
A. These 208 people managed to cross the river by coming across the river 15 people in a boat or 20 people in the boat, slowly and slowly.
Q. Did the time come when you re-crossed the river to the east?
A. I didn't quite finish my testimony as yet, Mr. Denney.
Q. Just answer the questions.
A. I said that the people were crossing the river and it must have been around noon at the time they crossed. I don't remember the exact hour, because I left my watch in the house when I left.
Q. Did a time come when you returned to Kommeno, when you recrossed the river?
A. Yes, there was such a time
Q. When was that?
A. It was the morning of 17 August 1943, the following day.
Q. What time in the morning?
A. It was a little while after the sun went down.
Q. Just a moment, what time in the morning did you return to Kommeno on the 17th? Approximately.
A. It was between 6:00 and 6:30, -- to 6:45, in the morning.
Q. I assume that the sun is rising then instead of setting?
A. I believe it was a mistake on my part, Mr. Denney. The sun was rising.
Q. What did you see?
A. When we were about ready to return to the village we heard two more vehicles coming, and out of fear we returned to the bank where we were at first.
Q. Did you recross the river?
A. Yes, we returned in the afternoon. It was between 3:00 and 3:30.
Q. Back to the side of the river opposite from the side on which Kommeno is situated?
A. Yes, indeed. We returned towards Kommeno.
Court V, Case VII. Anagnostopoulos)
Q: Now, let's clear this up. You recrossed the river for the first time on the morning of the 17th, sometime around sunrise. Is that right?
A: Yes, that is correct. The first time we crossed the moment the sun was rising or a little bit before or after.
Q: And you went up to the village?
A: Yes, that is correct.
Q: And you heard the noise of trucks?
A: Yes, that is correct.
Q: Witness, if you will please listen to the question and not start to talk until the questions have been put to you, I am sure that we will get along much faster.
A: Very well, Mr. Denney. I will try to.
Q: Now, you went back to the edge of the river?
A: Yes, that is correct.
Q: And at that time did you recross the river to the west bank?
A: Yes, that is correct.
Q: All right, now. When did you again cross the river from the west bank to the East bank?
A : At 3:30 in the afternoon, the same day.
Q: At 5:30 in the afternoon you went back to the side of the river on which Kommeno is situated?
A: Yes, indeed.
Q: And then what did you do?
A: We were going to the village to see what the destruction was and who were the victims.
Q: Who was with you?
A: I was together with my wife, with my teacher friend whoso name was Voliokotsos. I was also together with one of the priests of the village because we had to have them, whose Court V, Case VII.
Anagnostopoulos) name was Serafin Stassinos.
Present were also my uncle who was also a priest -- a cousin of mine. My uncle was not a priest -- his name was Dionisos Pappas -- and Manthos Pappas was also present.
Q: And where did you go?
A: Of course, first of all I went to my house which is logical.
Q: What did you see?
A: My house was nothing but ruins, all burned ruins. Approximately 20 meters from my home I saw 26 bodies of the Malio family and their guests who had been invited there for a wedding.
Q: Did you walk around the rest of the village?
A: Yes, indeed. We went down the road and we arrived in front of the house of Koliokotsos.
Q: What did you see there?
A: When we got there we saw the house had been entirely burned down and in front of the house, in front of the ruins, we saw 8 bodies and also two children from between 7 to 8 months of age.
This is characteristic, what I have to say now. One of the children was laying on the ground just like all the others and his mouth was stuffed with cotton. There were no other wounds showing and there were only burning wounds around his mouth.
The other 7 had been wounded by bullets and killed.
Q: Had the whole village been burned?
A: Yes, 300 houses had been burned. Only 7 did not catch fire because I believe they kept doors and windows closed.
Q: What else did you see as you went around the village?
A: He went down the road and we finally arrived at the small square of the village in front of the community president's Court V, Case VII.
Anagnostopoulos) house.
The man's name was Lambro Zorvos; and in his home's courtyard we saw the dead bodies of his family and on the table we saw opened cans and disorder, which cans were absolutely unknown to us and which could not be seen around the area where we were.
Q: What did the cans contain?
A: They were all empty. In this case there were also a few bottles -- wine bottles, I should think.
Q: Was there any evidence as to what the cans had contained?
A: I believe there was meat and cheese in those cans.
Q: Was there anything on the outside of the cans?
A: Yes. There was some sort of a writing on top. It wasn't Greek. I couldn't tell you what because I don't know any other language.
Q: What else did you see?
A: On the lefthand side, between 50 and 60 meters from where I was standing, I saw Leonidas Tsimboukis' wife. This woman was pregnant and I saw her lying on the ground with her stomach torn open and the unborn child looking half way out.
Q: Please continue.
A: The entire village had burned down and every house did not only have one drama but several dramas occurred in every home. There is not one single house where they didn't report tie loss of between 2 and 10 dead.
Q: How many people were killed in Kommeno?
A: I would like to add something before I answer your last question. Would it be all right, your Honors?
PRESIDING JUDGE BURKE: Proceed.
A: The priest, Lambros Stamatis, was going in the direction towards the church rather early. He left the Court V, Case VII.
Anagnostopoulos) wedding ceremony which was going on in Mallos' home rather early.
When we arrived at the village we found him lying at the steps of his church in front of the door. His body had been torn to pieces by 4 to 5 bullets and the cross he was holding in his hands also had 2 bullets -- and the Book of the Gospels. The Book of the Gospels is still in the church and it is being kept there as a historical souvenir, if you want to put it that way -- as a religious shrine also.
PRESIDING JUDGE BURKE: Mr. Denny, at this point we will adjourn until one-thirty.
(A recess was taken until 1350 hours).
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 18 August 1947)
THE MARSHAL: Persons in the courtroom will please find their seats.
The Tribunal is again in session.
PRESIDING JUDGE BURKE: You may proceed, Mr. Denney.
STEPHANOS PAPPAS - Resumed DIRECT EXAMINATION (Continued) BY MR. DENNEY: Thank you Your Honor.
Q So we can have the geographical situation of Kommeno, how far is it from Arta?
A It is 10 kilometers south of Arta.
Q And Kommeno and Arta are north of what body of water?
A It is north of the Ambakitos Gulf or Bay.
Q And the river lies generally to the west of Kommeno?
A The river is west of Kommeno.
Q And how many people were there -- how many inhabitants did the town of Kommeno have?
A It had 620 inhabitants.
Q And how many of these were killed?
A 317 of them were killed.
Q Can you break those figures down into some rough approximation of sexes and ages?
A Yes, I could. We had 145 men and 172 women, and included in those figures there were 97 children. The ages ranged from 6 months to 15 years of age.
Q So there were 317 people killed on the 16th of August of both sexes and of these 317, 97 were children between the ages of 6 months and 15 years?
A Yes. Those figures are absolutely correct. We made detailed statistics which we sent to the May or Arta; at approximately one month after the incident we sent the testimonies down to General Zervas' headquarters who then transmitted it to the headquarters of the middle east.