THE MARSHAL: Tribunal 5 is again in session.
PRESIDING JUDGE CARTER: You may proceed, Mr. Denney.
MR. DENNEY: May it please Your Honors. Page 24 of the German, Page 35 of the English, Document No. NOKW-467, which is Exhibit No. 484 in evidence, is a teletype from the Commander in Chief, Army Group F and Commander in Chief Southeast, to Commander in Chief, Army Group E, again with reference to the fighting in Distomon. This is another copy of the same telegram which has just been read, and I don't think we need to road it. It bears pencilled notations which are apparent. And then on the next page, Page 26 of the German, Page 36 of the English - this is to the Wehrmacht Operational Staff, and it's from the Commander in Chief of Southeast and against refers to fighting in Distomon, and the reference is 4506, which goes back to that communication on page 2 of this Document Book, which has to do with Kassura. That is the communication of June 20, 1944 from Weichs, as Chief of Staff to the OKW.
"According to the combat report of the SS Panzer Grenadier Regiment 7, the village Distomon was attacked during fighting with bands on the road Lewadia-Amfissa on the 10.6." And this continues, and I believe there's another copy of the same report which we had a little earlier. Yes, this is the same one which was offered as Exhibit No. 483, and I don't think we have to read it again here. And then the next page of the document is all typewritten and is dated 16 July 1944. It says: "Yesterday, British bombers attacked the German flying bomb base in Licour Northwest of Paris. Flying bombs dropped on the area of London and Southern England last night and today." And I don't think we have to read any more until we get down to the bottom of the page, which is Page 27 and 28 of the German and Page 38 of the English, where it says, "In connection with the destruction of the Greek village of Distomon by the German," and then there is the "Cordell" which should be Cordell Hull, and then as follows: "The execution of the village residents is one more example of the terrorist Reich which the Nazis have brought about in Europe.
They are getting wilder from day to day because they recognize more and more the approach of the day of retaliation. The Allied Nations will punish the criminals." And then ever on Page 29 of the German, Page 39 of the English, is a letter of 10 July 1944 from Army Group E to High Command, Army Group F, Commander in Chief Southeast, and it bears the receipt stamp of the Commander in Chief Southeast for 12 July, Subject: Events during fighting in Distomon. "Enclosed you will find a report of the commanding general of the LXVIII Infantry Corps with four enclosures as well as a letter addressed to the Commanding Officer of the 4th SS Polizei Panzer Grenadier Division for the purpose of a renewed investigation regarding a deliberately false official report from the SS Panzer Grenadier Regiment 7. Obviously it is a similar case to that which happened at that time near Klisura." Here as there the incidents reports pertaining to the SS Panzer Grenadier Regiment No. 7.
"In connection with the incidents themselves, it is pointed out that the regimental commander has reported that the orders issued from here concerning combatting of bands are known and allegedly were acted upon. The report of the investigation by the commanding officer of the 4th SS-Pol.Pz. Gren. Div. as ordered by the commanding general will be submitted in due course. It does not seem impossible that the statements of the member of the Secret Field Police will be voided by the testimony of witnesses of the participanting unit, SS Pz, Gren. Regt. 7. The final result is to be awainted.
As can be seen from the letter of the Commanding General, envoy Neubacher has requested submission of a report of the events. It is requested that envoy Neubacher be informed accordingly from there."
And then it is signed "For the High Command of Army Group E, Chief of the General Staff, Schmidt-Richberg." And the next document Page 30 of the German, Page 40 of the English, is from the Corps headquarters, 68th Infantry Corps, The Commanding General, who was, at that time, the Defendant Felmy, and it's dated 4 July 1944, and is addressed to Army Group E, and it bears their receipt stamp for 6 July.
"I am enclosing for the Army Group a report on the events during the fighting in Distomon dated 10.6.44. According to it, the SS Pz. Gren. Regt. 7 has submitted a knowingly false official report.
Envoy Neubacher has requested that a report be submitted from the local branch office regarding those events. I have asked the Branch Office to reply to the effect that the report has been submitted to Army Group E."
And this is signed by the Defendant Felmy. And then on the next page is another communication, again from Corps headquarters of the 68th Corps, at that time commanded by the Defendant Felmy, which is dated 4 July 1944. And this is again an enclosure to the Commander in Chief Southeast/Ic, No. 5298, and is addressed to the Commanding General of the 4th SS Panzer Division, "or his official deputy."
"The enclosed combat report of the operations of the 2nd Company SS Pz. Gren. Regt. 7 on the 10.6.44 pertaining to the fighting at Distomen has been submitted by SS Pz. Gren. Regt. 7.
Enclosure 2: This report and the official report rendered therein is deliberately false.
Under Number 1 of the combat report appears the following:. . . Civilians and bandits opened fire on an approaching dismounted platoon. 18 younger mem were shot while trying to escape, while we ourselves were rapidly advancing.
The facts are that no one shot at the troops from the fox holes which had been searched, that 6 Greeks who attempted to escape were shot dead and that the other 12 were arrested. Under number 2 of the combat report appears the following:. . . . . . . . Fire was opened suddenly against the company from the direction of Distomon with trench mortars, machine guns and rifles even before Distomon was reached.
The company suffered its entire casualties during this first fire attack; 5 men were killed, 18 leaders, subleaders and men were wounded, of whom 4 heavily wounded have died in the meantime at the medical central collecting point. Thereupon, I ordered the opening of fire and the attack on Distomon with all weapons at our disposal. After the mopping up of the village 250 to 300 dead members of bands and men suspected of belonging to bands were counted. Immediately following, the rest of the houses were burned down.
The facts are that Distomon was reached without contact with the enemy and that the troops remained several hours in the village without any action on the part of the enemy.
The fire attack of the partisans took place during a thrust of SS-Hauptsturmfuehrer Lautenbach with a light motorized column from Distomon in the direction of Stiri, about halfway on the road Distomon Stiri. After the return of the troops, reprisal measures were executed on that civilian population which had remained in Distomon. During that time the 12 prisoners who had been brought along were shot dead.
The shooting to death of prisoners is a transgression against the order of the Fuehrer who has determined that all prisoners of war are to be sent to Germany for labor employment. The behavier of the SS-Sturmbannfuehrer and battalion commander Hickert, has not only made the counter propaganda of the Corps Hqs. valueless, which was based on the combat report, but due to it, I no longer have any lever to take steps against the district chief of Lewadia.
Besides, the procedure used by SS Sturmbannfuehrer and battalion commander Rickert does not correspond with the orders issued by the Corps Hqs. Concerning this he says in his report dated 26.6.44 (diary) No.599/44 secret in the last paragraph:
I am acquainted with all orders issued pertaining to reprisal measures and shooting of hostages and I may assume that the superior authorities have confidence in me, that as an officer I will execute my tasks within the framework of these orders:
the strong accusations which I must make against SS Pz. Gren. Regt. 7 are based on the report of Group Secret Field Police 510 T.B. (daybook entry and the day) as well as on the interrogation based on that report of Unteroffizier Koch of the Secret Field Police 510 by the Corps Judge of the LXVIII Infantry Corps, Oberkriegsgerichtsrat Giesecke.
I request the Commanding Officer of the 4th SS-Pz. Gren. Div. to start an investigation of the entire incident and to report its results to me.
Attached: Enclosures 1 to 4.
(signed) Felmy And then enclosure 1 to this is from the Group Secret Field Police 510, Office No. IV, Diary No. 425/44:
"Subject: Operation for the purpose of freeing the road LewadiaArachawa on 10.6.44.
"Report.
"The 2nd Company of the SS-Pz. Gren. Regt. 7 with Lewadia as a base, supported by the 10th and 11th Company, with the base Arachawa, executed an operation to free the road Lewadia-Arachawa on 10.6.44. Attached to the 2nd Company during this operation were Unteroffizier Koch and interpreter Theo, who belong to the local unit.
"The fully motorized 2nd Company left their base in the direction of Arachawa at 8:15 o'clock of the 10.6.44. In order to deceive the bandits a civilian detachment of 18 men was employed. This rode in advance of the company on two Greek trucks at a fifteen minute interval. The civilian detachment contacted the units of the 3rd Btl., 7 Rgt, two kilometers west of the road fork Lewadia-Arachawa - Lewadia-Distomon at 0850 hours without contacting the enemy.
Twelve Greeks were arrested who were found in the dugouts situated five kilometers east of the road fork and one kilometer north of Palioklisi while these were being searched. At our approach six Greeks attempted to escape, whereupon they were shot dead.
"After completion of the actual mission SS-Hauptsturmfuehrer Lautenbach, who commanded the 2nd Company, received a new mission from the battalion. Together with the 10th Company he was to thrust ahead for reconnaissance to Distomon. It was not possible to take over the village at the same time. In Distomon the Burgermeister and the priest of Stiri informed us of the appearance in Distomon of about 30 bandits, who had arrived from the direction of Dessina on 9.6.44 about ten o'clock and left again about 1500 hours of the same day in the direction of Stiri. On 10.6.44, about ten o'clock, the bandits were said to have left Stiri in the direction of Kiriaki. Information was further received that the band leader of the 3rd Battalion, 34-Elas Regiment, who was known under the pseudonym 'Mawrojannis', might have been killed in combat near Dessina.
"The 10th Company having left Distomon about 1430 hours, SS-Hauptsturmfuehrer Lautenbach decided to thrust ahead as far as Stiri for the purpose of reconnoitering the cross country and road situation. He took a light motorized column consisting of two Greek trucks, three passenger cars, and three motorcycles. The headquarters of the local unit also took part in the reconnaissance trip in order to undertake a further reconnaissance of the band situation in Stiri.
"When the head of the civilian detachment was about 700 meters northwest of Stiri - about 1510 hours - the column received strong machine gun and rifle fire from the ridges situated east and northeast of the road. Due to the lack of cover and the insufficient distance between the vehicles, most casualties occurred immediately after firing had commenced. For this reason the immediate deployment of the combat group and the opening of our own fire was not possible. Furthermore no heavy weapons had been taken along. The bandits also employed an 8 cm. trench mortar so that the fire of the bandits covered the entire area in which the combat group found itself. The enemy was in good positions and about 30 to 35 men strong. Alerted by red flare signals and the noise of the fighting, the troops which had remained in Distomon advanced for support. After our own weapons had been fully committed, the bandits took flight in an easterly direction. We followed them immediately. But a continued pursuit of the bandits was considered irresponsible because the combat group had been much weakened if one deduct casualties and medics as well as security troops. For this reason, the losses of the band could not be ascertained. However, it is very probable that the band had suffered losses since numerous traces of blood were found in their positions.
"The company returned to Distomon about 0730 hours. The view prevailed that the population was thoroughly informed regarding the position of the bandits because, oddly enough, there wasn't a human being tilling the soil in the fields situated within the zone of attack.
For this reason, the twelve prisoners and the population still remaining in the village were shot dead and a part of the houses set on fire.
"Immediately at the opening of the surprise fire, the interpreter Theo of the local unit was heavily wounded by a shot through the upper part of the thigh and stomach. He died from his wounds during the night of the 11th-12th of June. Unteroffizier Koch of the local unit was lightly wounded by a shell splinter.
"The heavily wounded were transferred to the main medical collecting station Amfissa.
"The company left Distomon to Lewadia about 1230 hours.
"Casualties: 3 dead; 18 wounded, of whom 4 died at the medical collection station; 1 Greek truck driver dead.
"Signed: Koch, Unteroffizier and Auxiliary Police Candidate."
And down below is typed: "Read: Signed signature Feldwebel and deputy unit chief."
And next again, which is all typed, and is the second enclosure, is the report of the SS-Sturmbannfuehrer and deputy regimental commander, with reference to "Operation near Distomon; Reference: Telephone call today from your Ic".
"To the Corps Headquarters, LXVIII Infantry Corps.
"Enclosed we are submitting a copy of a combat report concerning the operation near Distomon. In connection with it I wish to state that resistance was broken at my explicit order according to which enemy resistance was to be broken with all means at our disposal. All available weapons were employed before the company took the village by assault in order to avoid unnecessary losses above those which had already occurred.
"The descriptions of the prefect of Lewadia are immeasurably exaggerated and are thoroughly characteristic of the peculiar attitude of the person concerned. It is regrettable that innocent civilians lost their lives or were wounded in the skirmish, but in such cases this can not he avoided, particularly if the bandits open fire from ambush with trench mortars, machine guns, and rifles."
And then the rest is typed.
And then on the next page is the communication from Corps Headquarters, 68th Infantry Corps, dated 2 July 1947, and has to do with the affairs in Distomon, and a statement signed by Unteroffizier Koch of the Secret Field Police Group 510:
"Unteroffizier Koch of the Secret Field Police Group 510 appears by virtue of an order. Having been informed of the object of this interrogation, of the significance of his statement and also the possibility that he may have to swear to it, he states as follows:
"1) My name is George Koch, 30, Protestant. I am a professional waiter, Unteroffizer with Group Secret Field Police 510.
"2) Subject: the statements I made in my report of 12.6 about the operation for the purpose of freeing the road Lewadia-Arachowa on 10.6, correspond entirely to the facts. I make this report the subject of my interrogation today. I myself participated in the entire operation and was able to observe and follow the individual events.
"A.B.: 1) The Troops were not fired at from the dug-outs which were searched - 5 kilometers East of the road fork Arachowa-Distomon. 12 persons were captured and taken along to Distomon.
"2) Distomon was reached without making contact with the enemy. The troops remained several hours in the village without any action on the part of the enemy.
"3) The fire attack of the partisans took place on the occasion of the reconnaissance thrust on Stiri, halfway on the road between that place and Distomon.
"4) After the troops returned to Distomon, the 12 prisoners who were taken back were shot dead in the market place as reprisal measures, assumedly by order of an Obersturmfuehrer who most likely was present during that incident. Subsequent to that, all people present in Distomon were shot dead where ever they happened to be. At that time, I was at the market place and was looking after our wounded interpreter. As far as I observed events, 60 to 70 persons men, women and children - were killed in the vicinity of the market place. As far as I could see it, all were shot dead. I did not see inhabitants being killed in any other way, i.e. beaten to death by rifle butt, or by pouring gasoline over them and setting them on fire. Detachments were sent out to search for more people in the individual houses. I do not know how many people were killed all together. When presented with the statement that his statements directly contradict the combat report of the unit employed, I can only repeat my statements.
I have read SS Hauptsturmfurehre Lautenbach's combat report, the statements of which are essentially the same as found in my representation, particularly SS Hauptsturmfuehrer Lautenbach stated that the fire attack of the bandits did not take place before Distomon but only after the reconnaissance thrust between Distomon and Stiri.
"I am ready to sweat to the above statements.
Approved Signed George Koch Certified:
signed Giesecke" Signed over at the left -- all this is typed -- "Pauschel and Feldwebel."
And this communication again bears the note that it is enclosure 6 to the High Command Southeast No. 5298/44.
Then on the next page is the copy of the combat report of thatSS Panzer Grenadier Regiment No. 7 signed by Hauptsturmfuehrer Lautenbach concerning the employment of the II SS Panzer Grenadier Regiment 7 on the 10th of June, 1944, and this is dated the 11th of June.
"Mission of the company: To push ahead on the road LewadiaAmfissa to Arachowa. To mop-up the bases of the bands which are said to be on that road. Encirclement of the village of Distomon.
"Parts of the Company employed for this purpose: 2 : 12 : 80.
"And in addition: 1 Unterofflzler and 1 Interpreter of the Secret Field Police and 2 Greek truck drivers."
And it is submitted the numbers: 2 : 12 : 80 refer to officers. This is on page 36 of the German, I believe.
JUDGE WENNERSTHUM: Pardon me, Mr. Denney. I seem to have drawn a blank for page 51.
MR DENNEY: Page 51? I am sorry, your Honor, there is nothing I can do about it now. There is nobody here with another book. I will be glad to get your page.
JUDGE WENNERSTRUM: Page 51 of Book 21.
MR. DENNEY: Yes, sir.
JUDGE WENNERSTRUM: Pardon me, Mr, Denney. Judge Carter calls my attention to the fact the pagination at the top is 31 and it is numbered 52 at the bottom of the page. Maybe that accounts for it.
MR. DENNEY: Well this -- what page do you have, sir? You say you don't have 51?
JUDGE WENNERSTRUM: But it is listed as page 52 at the bottom.
MR. DENNEY: Well, that is wrong. It must be there are two 52's in your book then?
JUDGE WENNERSTRUM: It doesn't make any difference, just so I have everything I am supposed to have.
MR. DENNEY: Your Honor, it is submitted that the figures submitted at the bottom there: 2 : 12 : and 80 men, officers, non-commissioned officers and men.
Then over on page 51:
"Distributed as follows: 1 civilian detachment, numerical strength 4 : 14." Now I would like to call your Honors' attention to that. It says "one civilian detachment, numberical strength 4 : 14."
It figures up about 2 : 12 and 80. Officers, non-commissioned officers and men. One civilian detachment, numerical strength 4 : 14.
"1 interpreter "1 operational detachment, numerical strength 2 : 8 : 66.
"1 uffz. of the secret field police in addition."
Now if you will go back and add these figures up, the totals, it is submitted, two under one operational detachment, numerical strength. Two--that takes care of the two officers. The second figure there, eight, being non-commissioned officers, one operational detachment, numerical strength. Two--that takes care of the two officers. The second figure there, eight, being non-commissioned officers, one operational detachment, numerical strength two and then eight. You add the eight and the four and you get twelve.
Twelve is the number of non-commissioned officers they list in the parts of the company employed for this purpose.
And the last figures, fourteen, in the civilian detachment, numerical strength and operational detachment, numerical strength, 66--you get 80. So it is perfectly plain from this that they have a civilian detachment, if they call it civilian detachment, which obviously are people just in civilian clothes sent out ahead who are part of their troops.
"Take off of the civilian detachment: 0800 o'clock of the operational detachment: 0815 o'clock.
"At 0850 hours the civilian detachment contacted 3rd Battalion of the Regimant two kilometers West of the road fork Lewadia-Arachowa, Lewadia-Distomon without coming into contact with the enemy.
Single Greek civilians were observed by the operational detachment 5.
"1) kilometers East of the road fork, 1 kilometers North of Paliokisi. There were in 3 small dug-outs with a herd of sheep consisting of about 30 animals. When a dismounted platoon approached the civilians and bandits opened fire on them. During our own penetrating advance, 18 younger men were shot while trying to escape.
"2) In connection therewith, the village of Distomon was to be encircled immediately by order of the regiment, as it was known that heavy skirmishes had taken place nearby on the preceding day and that bandits had been in the area of Distomon during the night and on the morning of the same day. Before Distomon was reached fire was suddenly opened against the company with mortars, machine gun and rifle from the direction of Distomon. This first fire caused the entire casualties of the company; 3 men were killed, 18 leaders, subleaders and men were wounded, of whom 4 were heavily wounded and have died in the meantime at the main medical collecting point. Thereupon I ordered the opening of fire and the attack on Distomon with all available weapons.
After the mopping up of the village we counted 250 to 300 dead men suspected of belonging to bands or members of bands; immediately following the rest of the houses were set on fire. The company left Distomon at 1830 hours for Lewadia.
Than there is a list of the casualties:
Damage to vehicles: Two motorcycles and five other vehicles received damages ranging from tires shot through, shot through fuel tank, a broken frame and shot through the radiator, and in view of the documents, which have gone before, particularly the statement of Kock, I should like to call your Honors' attention to the consumption of ammunition:
Light machine gun, 3,050 round; rifle 962 rounds; pistol ammunition 1385 rounds; 33 hand grenades; 44 mortar shells.
And at the end of it there is typed Lautenbach, SS-Hauptsturmfuehrer and Company Commander.
And enclosure 3 to this report and enclosure 5 to Commander-inChief Southeast 5298/44 and the 1st SS Panzer Grenadier Regiment 7, communication of 24 June 1944 referring to Corps Headquarters, LXVIII Infantry. This is addressed to the regiment and it is from the Battalion Commander.
The combat report concerning the operation in the area of Distomon has been submitted to the regiment with pertinent comment. The rumors which emanated immediately concerning at least 1200 dead and the desecration of the dead bodies were denied by me to the prefect of Lewadia immediately after the clarification of the facts.
"A member of the Kopais who himself has a family in Distomen told Dr. Magers that about 270 persons lost their lives during the combat at Distomon. Dr. Magers told me that personally on the 22.6.
"In my capacity as leader of the security sector, I refuse to comment on the rumor - no matter where it has emanated from - that mass executions have taken place in Lewadia or that 300 residents were shot as hostages. I am acquainted with all orders issued pertaining to reprisal measures and shooting of hostages and I may assume that the superior authorities have confidence in me that as an officer I will execute my tasks within the framework of these orders."
And the next communication teletype, draft which is from the Commander-in-Chief Southeast to the Armed Forces Wehrmacht Operational Staff and again has to do with the Commander-in-Chief Southeast No. 5298. That is the communication of 16 July 1944. which we had earlier in this same document.
"The concluding report of the SS Panzer Grenadier Regiment 7, dated 21.7 of this year shows that the combat report regarding the band operation near Distomon on the 10.6 did not correspond to the actual course of fighting. The Commanding Officer of the SS Panzer Grenadier Regiment 7 has asked for permission to limit further investigation of this case to disciplinary punishment in consideration of the sacrifices of the regiment in the combat area at the time. The Commanding General of the LXVIII Corps has agreed to a disciplinary procedure."
"The special plenipotentiary of the foreign office has been informed of the result of the investigation."
And it is certified to by Commander in Chief Southeast (High Command Army Group F) "von Harling Lt. Col.
General Staff Corps" And down at the bottom again appears this large 22D, and of course the LXVIII Corps Commander at that time was defendant Felmy and the Commander-in-Chief Southeast was defendant Weichs.
Now the next page is a communication dated 3 August 1944 and it is from Army Group E to the Commander in Chief Southeast, High Command Army Group F having to do with a teletype 5298/44, the teletype of 18 July which was referred to earlier. And again it has to do with the fighting at Distomon:
"Enclosed we are submitting the concluding report of the SS Panzer Grenadier Regiment 7, regarding the events at Distomon. The Commanding General of the Corps Hqs. LXVIII Infantry Corps imparted to the Regimental Commander orally his opinion appearing at the end of this report."
Then on page 43 the teletype to OKW from the Commander in Chief Southeast, "Events during the fighting at Distomon," and this again refers to 5298, "The concluding report of the SS Panzer Grenadier Regiment 7, dated 21.
7 of this year shows that the combat report regarding the band operation near Distomon on the 10.6 did not correspond to the actual course of fighting. The Commanding Officer of the SS Panzer Grenadier Regiment 7 has asked for permission to limit further investigation of this case to disciplinary punishment in consideration of the sacrifices of the regiment in the combat area at the time."
And this of course is the same communication that we had earlier. However, this has the Commander in Chief Southeast, High Command Army Group F. Excuse me, this is the same as the earlier communication that we had. There is no need to read it again.
JUDGE BURKE: Mr. Denney, do you have information regarding the present where about of the envoy neubacher?
MR. DENNEY: I do not, no, sir. I know of no one who does, however, I can make additional inquiries and see if there is anyone who does have information about him.
The next document NOKW-1715 is an affidavit executed in Berlin by one Erwin Lenz. It is offered as prosecution Exhibit 485 in evidence.
DR. LATERNSER: Your Honor, I object to the submission of this affidavit the best evidence should be submitted and if this affidavit is accepted, I would like to ask the tribunal to instruct the prosecution that the witness -- that this man who made out this affidavit should come to Nurnberg as witness for cross examination.
MR. DENNEY: Of course, we will make every effort to get him here as a witness and if we can't get him here for Dr. Laternser to crossexamine him, why the Court upon motion by Dr. Laternser it is to be assumed will order the affidavit withdrawn.
I might say in connection with the admission of affidavits in these trials that it was originally proposed before Tribunal I by defense counsel, and this affidavit is made in the form which defense counsel have set up and we have no objection at all to trying to get the man here if we can and if we can't get him here, why the Tribunal can give such weight to the affidavit or reject it as they see fit.
PRESIDING JUDGE CARTER: I think the exhibit will have to be admitted on that theory. However, I think the defense counsel are entitled to have the man here for cross-examination if he can be obtained.
MR. DENNEY: Certainly, your Honor, if we can get him down here, we will. It was in May when he gave the affidavit he was in Berlin and if he can't be here, why certainly we don't maintain that we can put affidavits in and not produce somebody to be cross-examined about it.
PRESIDING JUDGE CARTER: All right, with that understanding you may proceed.
DR. LATERNSER: Your Honor, naturally it was always the rule that affidavits could be submitted but if somebody objects, either the prosecution or the defense, then the man who made out the affidavit has to come to Nurnberg for cross-examination, and I should like to have this rule observed also in this particular case.
DR. GAWLIK: Gawlik for the defendant Dehner. Your Honor, it has not been proved who this man Henry Sachs is, the man who took the affidavit, whether he is a person at all who is in the position to take such an affidavit and receive it and in the Tribunal, the IMT, it was the rule that the prosecution had to prove that it was a person who was able and was in the position to receive oaths.
MR. DENNEY: Well, this is similar to the affidavits which have been used throughout these trials. I have no personal knowledge of Mr. Sachs at this time. However, I can assure the Court that he is as qualified to take an affidavit as anybody else that we have had taking them, ever since we have beets here.
PRESIDING JUDGE CARTER: The affidavit will be received with the understanding that if the witness is not produced for cross-examination, that the affidavit may be stricken on motion of the defense.
"I, Erwin L e n z, Berlin-Zehlendorf, Hilssteig 7, having been instructed that false statements will be punishable herewith declare under oath voluntarily and without compulsion:
"I was born in Berlin-Spandau on 12 April 1914 I attended elementary and intermediate school in Spandau and the Professional Business School in Berlin. Subsequently, I was employed as apprentice with the Aron-Works (later Heliowalt-Works) in Berlin-Charlottenburg. In March 1937, I was arrested by the Gestapo for Anti-Nazi Activities. On 30 November 1937, I was sentenced to prison (Zuchthaus) for 2 3/4 years. In December 1939, I was released. Having been declared at first unworthy of bearing arms, I was drafted in February 1943 and assigned to the 999th Division in which were many political ex-prisoners. In May 1943, I was sent with my detachment to Greece and from Athens, I was sent by plane to the Airport of Gaddura on the Island of Rhodes. I was attached to the staff of the Iv Battalion of 999th Artillery Regiment where I was employed as a surveyor and map maker. At that time our Commanding Officer Major Winter who came from a small town in Hesse.
The unit mentioned above was the only German Artillery Battalion stationed on Rhodes at the time. Consequently, it was not subordinate tactically to any Artillery Regimental Staff but, it was directly subordinate to the staff of "Assault Division Rhodes". - The first fixed garrison of our staff was on the Mountain of Monte di Mezzo in the valley of the Torrente Lutani till September 1943.
"Up to this date the Island was under a purely Italian Command which had the above mentioned German Division attached to it as support. However, when Italy surrendered at the beginning of September 1943, the Italian troops on Rhodes were disarmed and became prisoners of war excepting those who put themselves at the disposal of the Germans as so-called voluntary helpers or voluntary combattants.
"In June 1944, German soldiers whose names I do not recall who had worked as drivers at the AirPort of Gaddura told me that two senior SS Officers had arrived there by special plane. This fact was particularly remarkable since there were no SS troops on Rhodes. -Other German soldiers whose names I do not recall either told me later that these SS Officers had called on the Staff of Major General Kleemann (Commander of "Assault Division Rhodes"). There extended conferences had taken place but nothing could be found out regarding them. After a few days however, posters were put up all over the Island in four languages (Greek, Turkish, Italian and German). These posters demanded under threat of punishment that all Jews living on Rhodes move their residence within a prescribed short time limit to certain localities which were situated on the North Coast of the Island. Among these villages were Trianda, Cremasto, Villanova, Belpasso etc. The posters were signed by Major General Kleemann. A short time later, German soldiers told me that the Jews who had been in the above mentioned villages were transported to barracks near the city of Rodi. They were not permitted to leave this building and the entire compound was under guard. Then a few days later, the transport from the barracks to the port of the city of Rodi took place.
"On that day, I went to the Dental Hospital in Rodi and there, I myself observed the following: The Jews (approximately 1200 men, women and children, the larger part of whom were called Egeo Citizens, and Italian designation for the inhabitants of the Dodecaness Islands) had to line up close to the old fortifications facing to the wall. They carried hardly any baggage. I asked some German Soldiers employed to confine and guard them about it and they told me that the Jews would not require any baggage since he wouldn't live much longer. - It was a very hot day. Greek and Turkish cicilians who wanted to give drinks and food to the people waiting for the transport were not permitted to pass the blocked area.