This however will be necessary because our own available forces simply will not be in a position to do so in the long run.
In addition the government cannot exercise any administrative activity as long as military operations are going on and as long as the country is not pacified. Moreover in the period during which only executive power is in force, our own military administration must be given a completely free hand, that is, a real government or a government by Commissars could not be taken into consideration. Administration reforms already introduced, with simultaneous purge of officials, commensurately severe legislation concerning the duties of officials, laws against corruption, would be decreed by the Military Administration and enforced by Military power. In this way after purging the country, one would be able to give into the hands of the Serbs an apparatus which would a low them to take up the administration activity.
If one proceeds thus, it might be expedient for psychological reasons, to take the newly established police detachments out of those areas in which they are operating at present. For it is to be feared, that as soon as these forces are militarily employed, and they see that the tasks assigned to them are executed by the Germans, they will no longer muster up the elan to go on fitting, because military committment is necessarily directed against forces also which belong to national circles. Therefore -- passive resistance might set in, and what would be worse, they might permit themselves to be disarmed, whereby arms too would be played into the hands of the enemies of the German troops. The withdrawal of these forces may very well be explained by saying that the discernment of aimed forces in the terrain is very difficult and that the moreover the police forces are more urgently needed to protect priority enterprises and that the cleaning up operations are carried out by the Wehrmacht itself.
In the southeast area of Serbia, southwest and south of Nisch, thanks to the formations of Kosta Pecanak which are there, not a shot has been fired and there is absolute silence.
Also there are no German troops; the formations of Pecanak might continue to see to order and quiet and security as heretofore. The volunteers of the Ljotic group which placed themselves at the disposal of the newly formed police forces,-and which have proved themselves in doing excellent work -- could continue the cleaning up operation in the area between Belgrade and Gradiste, as this operation is primarily concerned with sheer combatting of Communists.
The separate Ministries, and thereby the highest authorities subordinated to them, are under direction of highest civil servants, who in all matters are bound only to the orders of the Military Administration.
With regard to the mopping-up operation itself, I am of the opinion, that for reasons of prestige,- the reputation of the Wehrmacht has suffered seriously by the failures at Kubanz and Losnica and a short time ago at Uzice, - we must act at least in one place with complete lack of consideration in order to provide an intimidating example for the other parts of Serbia. I, personally, believe that in the area west of Labac, in the area between Save and Drina a complete evacuation must be carried out since according to unequivocal reports and messages, a large part of the male population of this area which is grouped in bands belongs to the Mihajlovic bands located in the southern part of the Cer mountains, and children and women maintain the communications service and the food supply. Therefore the whole population must be punished, not only the men.
Besides, this territory belongs to the most fertile area of the present Serbian area and every possible means must be applied in order to prevent even the slightest amount of food available there from benefitting the insurgents. Furthermore since winter is close at hand and living in the open air amid the mountains soon will no longer be possible.
Pushing off of women and children to the dreary mountains in the south would also present a catastrophe for the insurgents with respect to food supply. They can get their supplies by terror and also voluntarily from the peasants, but they are not in a position to supply thousands of women and children with the necessary food. Such an operation though it appears cruel, is in my opinion the only guarantee for engendering fear and terror in the country and bringing the enormous amount of forced insurgents and followers to their senses by causing them to fear that their relatives may be facing the same destiny.
The corn fields can be harvested in this area quickly and readily by the Germans from the Banat and Syrmia, who voluntarily are prepared for this work at any time. The same applies to the Wheat harvest which along with all the cattle should be brought into the Syrmian area, north of the Save, to be kept in reserve for the German Wehrmacht. The fact that this is Croatian territory should not be of importance because according to agreements, the German Wehrmacht possesses complete freedom of movement in the Croatian area.
At the same time I propose that the Croatian government be requested to occupy the western bank of the Drina in order to prevent the bands from trying to penetrate into Croatia, which not only seems to be their intention, but which according to reports is already being done by some forces. Thereby the insurgents will meet with disaster in the inhospitable areas in winter without forcing the Wehrmacht to intercede with any large scale combat operations in the mountains. At the same time the winter should be used to comb through all villages systematically. By means of money and confidential agents one could find out very quickly I believe who belonged to the bands or has helped them during these months and these people must be ruthlessly shot to death. Thereby the revolt which is expected to flame up certainly and perhaps on an enlarged scale this spring would be deprived of its subsistence.
Simultaneous with the cessation of the Neditch government it seems to me urgently necessary to conduct an especially severe operation in Belgrade, because here, without doubt, the threads pass on to the insurgents without being disturbed and via the most unreliable elements of the intelligentsia. Therefore, it seems to be necessary to arrest the circles from the highest persons downward without consideration and if necessary to liquidate them. To this group there belong in the first place: high grade free masons, members of the RussianSerbian, of the English-Serbian and the French-Serbian clubs, and members of the Serbian Cultural Society, persons who have contributed money to the Communist organizations, instigating elements of the university and members of Serbian Technical organizations, who, as can be proved, were Communistically very active as far as their youth groups are concerned.
At the same time all active officers and NCO's are to be arrested with the exception of those who put themselves at the disposal of the government Neditch immediately. Consideration towards officers, who in the last months worked professionally, does not seem to be appropriate because these persons by virtue of their feeling of solidarity were no doubt used in the communications service or were put in harness in some way, likewise the arrest of all Jews which has already started, is to be carried out more drastically and the gypsies too, are to be arrested.
Last but not least a proclamation should be released in the Belgrade area allowing a deadline of a very few hours in which it is requested that all arms and ammunition and explosives etc. be surrendered. Belgrade should be cut off during this period and a warning should be published that if arms and such were found, not only the one in possession of arms but also the proprietor of the house will be shot without legal proceedings. Thus the proprietors themselves would be impelled to give informat on against others in order not to become liable for this punishment.
Thereby every possibility for a revolt in Belgrade itself -- an area which can be searched systematically block by block -- is removed -- which is especially important in so far as an insurrection is deprived of assistance from without.
(signed) Turner State Councillor
MR. DENNEY: On page 7 of the English and Page 8 of the German is Document No. NOKW-892 Continued. This is the same as the prior entry in Book II, Exhibit 62, and I don't believe it's necessary to reread it. As can be seen, it is the same report as the one of that date in the earlier book, which appears on Page 107 in Document Book II. It is, however, a different copy which we have here. On Page 10 in the English and Page 11 in the German there is a report of 24 September. This is the same as Exhibit 69, which is in Document Book II. The report in Document Book II, in that case, is from the Quartermaster, and this one is the copy from the Ia. Turning then to Page 13 in the English and Page 14 in the German. This, again, is the same as Exhibit 89, which is in Book III, Page 337. This is the report for information of the 65th Corps, and the earlier record was the same report sent by the 342nd Division up to the Commanding General -- Plenipotentiary in Serbia, Boehme. On Page 14, in the English and Page 15 in the German test is the same as Exhibit 70, Document No. NOKW-203, which is in Book II, Page 141. That Exhibit was a communication from the Defendant List to his subordinate, the deceased Boehme, and this one is Boehme's passing down the List order to the 125th Infantry Regiment. The entry on Page 18 - the one that appears on Pages 16 and 17 - is Boehme's reporting to List of activities of his various divisions -- 342nd, 125th, 717th, and 714th, the 125th being an Infantry Regiment. And these reports have similarly been read in evidence at an earlier time.
That concludes this document.
Starting on page 18, page 21 of the German, NOKW-1053, it is offered as Exhibit 126. Here again, this is a series of additional reports from Plenipotentiary Commanding General in Serbia to the Wehrmacht Commander Southeast. Most of these have been read before.
In turning to page 20 in the English, 24 of the German, I would just like to direct the Court's attention to the entry on page 11 of the original which is under page 3--this is on 25 of the German--reference from Boehme to List of the 717th Infantry Division, "For losses suffered at Kraljevo so far 1736 men and 19 women were shot." That, of course, is the same report which we have seen before, page 90 in Document Book III, NOKW-1074, where the 749th Infantry Regiment reported to the 717th Infantry Division. It also appears on Exhibit 83 which is page 15 in Document Book III, NOKW-3042 in the Security Police-and the SD report issued from Berlin on October 21941, and the same entry also appears in the diary of the 65th Corps, Exhibit 85, which is on page 20 in Document Book III and it is from the War Diary kept by General Bader, the Commander of that Corps. And the entry appears under the date of October 18, 1941, and here we have the Plenipotentiary Commanding General in Serbia passing it on up to the Armed Forces Commander Southeast.
I don't think it is necessary to take up the time of the court or counsel to cover any more of these reports. They are all from Boehme to List and the court is certainly familiar with the contents of the reports from the various lower units up and I believe that one reference is sufficient to indicate the type of reports which were going up. They are also concerned with matters of very small detail.
It might be pointed out on page 28 of the German and page 22 of the English where they speak of their own losses as being three wounded and then on page 29 of the German, and on page 23 of the English, it is recited that individual enemy tanks appeared for the first time at Kraljevo. It is not submitted, that the individual enemy tanks called to the Court's attention in connection with the prior statement concerning three wounded.
I believe the balance of the reports need not be gone into.
Then turning to page 27 in the English, page 34 in the German, Document NOKW-123, there are additional reports from the same period but starting in July and concluding in December of 1941, from the Plenipotentiary Commanding General to the Armed Forces Commander Southeast. The report which appears in the first page has been given at page 66 from Book IV. This is, in this case, the copy which was received by 12th Army. In the earlier book, they were copies which were taken from either the files of the Plenipotentiary Commanding General in Serbia or one of his staff.
On page 29, this has been placed in before, but I might call the Court's attention to it; it is the incident occurring in Belgrade on 25 July which the Court will recall was, it is alleged, that an unknown Jew attempted unsuccessfully to set a German motor vehicle on fire with a bottle of gasoline and further similar attempts were made. The culprit, a 16 year old Serbian girl, was arrested. She admitted that a Jew had been the instigator. As reprisal measure, 100 Jews will be shot to death in Belgrade on 29 July.
The Court will recall the balance of the earlier report which went up to Boehme.
In the next page, page 35 in the German, 30 in the English, there is the case of 31 July 1941 which recites "Execution of Communists as reprisal is being prepared." At the bottom of the page on the first of August, "As reprisal for the previously reported disturbances near Petrovgrad 90 Communists shot to death there yesterday."
On the next page, 36 of the German and 31 of the English, report for the 7th of August again reciting "In Zagreb 4 plotters and 98 Communists and Jewish hostages shot to death."
In the entry below, which the Court will recall, "Three pointed wire books, 7 centimeters wide are thrown on the road."
On page 37 of the German and 32 of the English, they continue the report for that day. The entry under the 4th reporting on the Communists and Jewish hostages shot to death on the 6th of August.
Page 37 of the German, 33 of the English, report for the 16th, reporting for the 15th, "Skela will be burned down and 50 Communists from Belgrade will be hanged there." The Court will recall the earlier reference to that.
Then turning over to 38 in the German and 34 in the English, the report with reference to Skela again of the people shot to death and hanged and village residents shot to death because they failed to report the presence of an armed band. That has been gone into at some length before, and in the next page 35, and 38 of the German, the recitation of the destruction of 350 houses.
Then we can turn over to page 37, page 39 of the German, these reports that we are passing have also been seen before. They are for the 4th of September and report the recital of 50 Communists executed in reprisal for the soldier killed on the open street in Belgrade on the 3rd of September.
Then we can turn to page 42 of the German, page 42 of the English, where we have the radio speech of Nedic reported to the Wehrmacht Commander Southeast, asking them to refrain from acts of sabotage and to be friendly toward the occupation troops and the entry under the 7th for the 15th of September. "Another Communist shot to death because of propaganda activity."
Page 43 of the English and of the German, the report of the 20th of September under 6, "Parts of the Belgrade male population sent to transient camp near Belgrade."
Then turning to page 44, of the English and the German, this document--the other copy is at pages 60 and 61 of Document Book IV-- and the entry at the bottom of 45 in the English, 44 in the German, under "3" for the date of 26th of September, 1941, "125 Infantry Regiment has shot to death 49 insurgents near Valjevo." The Court will recall that.
THE PRESIDENT: We will take our morning recess at this time, Mr. Denney.
(There was a short recess)
THE MARSHAL: All persons in the courtroom will please take their seats.
The Tribunal is again in session.
MR. DENNEY: If your Honors please, we were in the middle of Exhibit 127 which is NOKW-123 and on page 144 of the German text and page 45 of the English and again in proper order has gone in before, Document Book 4, pages 60 and 61. I just refer to item 6:
"8 wounded captured German soldiers before Sabac to returned to own unit. 27 heavily wounded German soldiers are in a hospital in Loznica belonging to the insurgents. 12 Communists hanged for attack on line Petrovgrad-Pancevo."
And still on 44 of the German and 46 of the English -this document was put in at page 69 of book IV.
Then turning to 46 of the German and 48 of the English, the recitals under 3A and B: "Infantry Regiment 268 has shot 44 Communists" -- I believe that is an error in the German; it should be "44" as it is "44" in the original -- "by summary court martial on 29 December."
And "3B": "In Cacak 50 Communists shot to death."
46 in the German, 49 in the English; and the first entry is on page 70 of Document Book IV and need not be repeated here, and the second one is on page 71 of Document Book IV.
Turning to page 47 of the German and 50 in the English, material appearing at the bottom under the date of 1 October or a teletype of the 30th of September is on page 74, Document Book IV, page 48 in the German, 51 in the English, the reference under "6" in the teletype of 1 October 1941:
"3800 prisoners (342 Infantry Division)." That's on page 76 of Document Book IV and still on page 48 in the German, 52 in the English, in reference again under "6"; "A total of about 1000 were shot to death and 14,000 arrested by the 342 Infantry Division."
That's on page 78 in Document Book IV, page 53 in the English, 49 in the German -that appears at 79 and 80 in Book IV, page 54 in the English 50 in the German. That appears on page 86 of Document Book IV as does the balance of the message which is on page 55 of the English. Message starting for the 9th of October at the bottom of page 55 in the English, 50 in the German, page 93 of Document Book IV is the balance before the omissions on the top of page 56 in the English, still on 50 in the German, the matter which goes before the third paragraph of the communication. The third paragraph of the communication is on page 95 in Document Book IV and the entry which appears on the top of page 51 in the German which is page 42 of the original and 58 of the English: "130 hostages shot as reprisal." That should be deleted as that appeared in the earlier paragraph. That is an entry with reference to the third Battalion of the 697th Infantry Regiment and it appears on page 56 in the English and 50 in the German. There has been a mistake and this has been set forth twice.
On page 59 in the English, 52 in the German, the communication just preceding the signature and certification, in the communication of 11 October 1941 should be "73 shot to death" in the English instead of "70"; and on 56 of the German and 60 of the English, another communication of the 11th of October from the Plenipotentiary Commanding General in Serbia Boehme to the Wehrmacht Commander Southeast List again refers to the speech to the Serbian people against Communism.
On page 53 of the German and 61 of the English, that material appears at pages 89 and 90 of Document Book IV.
Page 54 of the German and 62 of the English, the entry at the bottom has been submitted before as the rest of them. I just call the Court's attention to "3":
"342nd Infantry Division, in addition to 250 arrested by the Division, 100 civilian prisoners shot to death as reprisal measures."
That's under date of October 14.
Page 55 of the German and 63 of the English, communication of the 16th of October -- or the 15th -- received the 16th -- by the Wehrmacht Commander Southeast, beginning with sub-paragraph "3" under "II": "Infantry Regiment No. 125: 230 Hostages shot to death."
And on 54, still of the German, and 64 of the English, another report of the 342nd Division: "635 shot to death, 1043 arrested."
55 of the German, 65 of the English, the report of the 18th of October is at page 104 of Document Book IV, page 56 of the German, 66 of the English, has been put in at page 110 of Document Book IV.
Then going to 57 of the English -- or German -- and 68 of the English, a message of 23 October 41, report concerning the 704th Infantry Division of the Plenipotentiary Commanding General in Serbia; "50 have been shot to death in reprisal for 1 wounded;" and the next reports very similarly have been seen before.
Turning to page 59 in the German and 72 in the English communication of the 11 November, received on the 12th, "129 hostages shot to death as reprisal measures," and in passing, we might note such as page 76 of the English, and 60 of the German, the distribution which is given this in the office of the Wehrmacht Commander Southeast, where it goes to the 1a, 1c and 1d chief of transportation, then the note for the 19th of November, that on, -- page 76 of the English -"Generalmajor Hofmann has taken over command of the 347th Division".
The force of the band outside of Kragujevac, in November, is reported at page 81 of the English, -- I am sorry I do not have the German page, -- that is over several pages, -- a communication to the Wehrmacht Commander Southeast, under 26 of November, it is No. 2737/41 received by 12th Army on the 27th.
Does defense counsel have it in the book?
DR. LATERNSER: The number is 62.
MR. DENNEY: 62, did you say, Dr. Laternser?
DR. LATERSNER: Yes, 62.
MR. DENNEY: Page 62 of the German, recites that a band of 1500 men is reported near Kragujevac, and the balance of the message on the next page, reports "500 prisoners from Rudnik shot to death" and "four communists shot to death after Court Martial", with which your Honors are already familiar.
Then turning to page 88 in the English, this is a message of the 4 December 1941 received by the 12th Army. The 1a number is 2791/41 is on several pages. Do you have the German page, Dr. Laternser?
DR. LATERNSER: Page 64 of the German.
MR. DENNEY: Page 64 of the German, and the bottom of the message on page 88, reports the size of the communist band. In the two areas, supposedly about 1000 communists in area Pecka west of Valjevo. And further down, reports, "11 communists shot to death; 11 suspects rather; 42 Mihailovic followers arrested", and a little lower, "hostages seized".
Then on page 90 of the English, which is a communication of 6 December, the Wehrmacht Commander Southeast, is advised in paragraph 6 that the new staff has taken over the affairs of the Commanding General in Serbia, pursuant to orders, -- and this is submitted, if your Honors please, is the time which General Bader, as will be recalled from the Diary of the 65th Corps, which was placed in evidence in Book 3, on this date, -- he succeeded to the position formerly held by General Boehme. This is the notice to the Armed Forces Commander.
Then on page 94 of the English, communication of 11 December 1941, it has the last message, No. File No. 2821/41. This is a report about enemy band northwest of Valjevo, increased to 1500 men, and above that a band about 300 men strong in held positions. Then another band about 400 men strong.
On page 96 in the English, the next message of 13 December message No. 2973/41:
"Air reconnaissance finds concentration of bands of about 100 men" and "In surrounding villiages a noticeably large number of men."
On page 98, a reference of 23 December, which your Honors will recall, is Message No. 3124/41a, of the Armed Forces Commander Southeast, and of course, at this time the Armed Forces Commander Southeast as of a late date in October, is the defendant, Kuntze, and of course, that applies as Mr. Fenstermacher has said, to the communications from the Plenipotentiary Commanding General in Serbia, which he read, as well as these.
Then on page 102, a message of the 30 December. This is the beginning of a new document. These, again, are now reports from the Armed Forces Commander Southeast to OKW and OKH. This is offered as Prosecution Exhibit 128, in evidence. These, again, are repetitious of the material which has been covered. However, now we are concerned with the last step in the echelon report, the reports coming from the lower units to regiment and division, and division to corps and Plenipotentiary Commanding General in Serbia.
The corps reports from the Plenipotentiary Commanding General in Serbia, going to the Armed Forces Commander Southeast, the receipt of those reports, and now we have the certified copies of the reports which the Armed Forces Commander Southeast, passed on to OKW.
It is to be noted that for information copies of these reports were sent to the OKH, Army General Staff, Operations Section; OKH group in the Near East; and in the Balkans; to the Commander in Chief of the Luftwaffe and the 1c of the Luftwaffe Operational Staff.
The reports of 30 December -- these go backwards, if your Honors please, -- cites the activity of the 113th Division, the part which we use:
"94 communists shot to death;" and "the communist leader of the Mavca group killed in action".
"In Sjenica, 103 communists shot to death". At this period in December, the Armed Forces Commander Southeast is the defendant Kuntze.
Then, on page 103 the second report which is on 27 December 1941, "31 Communists shot to death, 43 arrested".
Your Honors will note as we go along that the reports are addressed to the same officers as were indicated in the first one, OKW, with information copies going to OKH and OKL.
On page 104, the note on the daily report of the 18 December, two Majors of the Mihailovic staff were shot to death according to summary court martial procedure, and the report of the 16 which appears at the bottom of the page, "In Uzice 21 Communists shot to death". It is an entry concerning the 113th Infantry Division.
And the report of the 8 December, 342nd Infantry Division on page 105 reciting:
"During mopping up operations around Cacak, Uzice and Pozega 182 Communists shot to death."
THE PRESIDENT: Mr. Denney.
MR. DENNEY: Yes, Sir?
THE PRESIDENT: Were all these orders made while the Defendant Kuntze was the Commander Southeast?
MR. DENNY: Yes, sir, that is, that order was made by the Defendant List, except for a latter portion in this order when the Defendant Kuntze took over. I believe it's already in, your Honor. And then, there's one reference in Document Book III, however. During November and December, the parts which we are now covering, the Defendant Kuntze was the Armed Forces Commander Southeast.
THE PRESIDENT: I just thought if you mentioned that as you went along, it would be helpful here. We could make a note of it.
MR. DENNY: Thank you, your Honor. I'm sorry, Your Honor. I was under the impression that I had made that statement earlier. Thank you for calling it to my attention. There's a note on Page 143 of the Document Book III, and Page 97 of the German, Exhibit 111 in evidence, which says that on 18 October Lieutenant General of Infantry Kuntze takes over temporarily for General Field Marshal List. If your Honors recall we referred to that yesterday, and it says General Kuntze, well-known in the Division as the Commanding General in the Ardennes area during the fall of 1940; but it's our submission that there's another document, and at the moment I can't put my hand on it, which indicates that the Defendant Kuntze did not actually take over until 27 October 1941. But certainly during the period December and November and for the latter small portion at the end of October, we submit that the Defendant Kuntze was the Armed Forces Commander Southeast. On Page 107, the Defendant Kuntze still in command, a communication of the 30th of November, again to the same addressees, reciting the arrest in Belgrade of 90 Communists and suspect in Bor 16 Communists shot according to Summary CourtMartial procedure. And then a note for Croatia that there was "New band activity north and northeast Banja Luka, north Bosnia, Gradiska and north Bjelovar. During this activity Novi Grad (80 kilometers northeast of Zagreb) attacked by Communists in Russian uniform with the Soviet Star."
And then we have on Page 108 the communication of 26 November being passed on to OKH, "500 Prisoners from Rudnik shot to death by Gendarmerie," the Defendant Kuntze is submitted was still the Armed Forces Commander Southeast in this period. On Page 110 there is a report of 11 November 1941, reciting the entry which has been seen before of "129 Hostages shot as reprisal measure", by the 342nd Infantry Division. And then on 1 November 1941, and the date-line of Serbia, Page 111, still in Document No. 128 in evidence, "In Belgrade 200 hostages will be shot as reprisal measures". And then, turning to Page 112, getting back to 26 October 1941, there is a note about Serbia and below it about Greece. And Your Honors will recall the document which was placed in evidence yesterday, from which all of these reports are compiled, it being the Document No. NOKW-1073, Exhibit No. 111, which reports from the 164th Infantry Division, which is on Page 140 in Document Book III. The reports of the shootings of the male inhabitants of the villages are passed on up, Page 112, "Male inhabitants (67 men) were shot to death. Women and children were resettled." That is the same report as was in Exhibit 111. On Page 113, again a report about Greece on 24 October 1941, and this, if Your Honors please, is at about the time when the change-over took place between List and Kuntze. This recites the villages northeast of Kozani being burned. "Male inhabitants (142 men) were shot to death. Women and children were resettled." On Page 114, Daily Report for the 23rd October, still concerning Greece, with one entry about Serbia, "704th Division 50 Serbs shot to death in reprisal." And in Greece, "During search for arms west of the estuary of the Struma River 5 Greeks shot to death, several houses burned down." And on November 22, on Page 115, the 714th, which is in Serbia, recites the buring of houses by the elements of the 1st Battalion of the 721st Infantry Regiment, which was part of the 714th Infantry Division. Page 116 has a report for the 21st October, "Serbia: 717th Division: Within the divisional area 529 shootings." And then on Page 117 a communication of 9 October 1941 from the Wehrmacht Commander Southeast, who at this time is the Defendant List, to OKW, and the informational copies to OKH and OKL. The incident which Your Honors will recall with reference to the 521st Signal Battalion goes on up to the OKW staff.
"In reprisal for 22 murdered men of the 521st Signal Regiment, 2,000 Communists and Jews are being shot to death." That has to do with the incident which, Your Honors will recall, took place in General Boehme's area, and which the initial documents in Book III, Exhibit 79, which is the report from Boehme to List, on Page 2 in the German and Page 3 in the English, of Document Book III, which is Exhibit 79 in evidence. And then Exhibit 80, which is on Pages 3, 4, and 5 through 8 of the German Book and Pages 4 to 10 of the English Book, Exhibit 80 in evidence, which recites the report of the Lieutenant to his Major, the Commander of the 521st Signal Battalion, and the report from the Major to the 1st Signal Officer for the staff of General Boehme. And then on page 118, indication of the 29th of September, recites a band of 500 men dispersed northwest of Veljevo by the 125th Infantry Regiment. "For attack on 27.9 in Belgrade, 150 Communists shot to death." And then on 27 September, Page 119, recites the burning of houses, 71 of them northwest of Valejavo. On the 20th--this is the report of List to OKH, with reference to his request to OKH that General Boehme be assigned as Plenipotentiary Commanding General in Serbia; and then, Your Honors will recall how that order was worded, and then List appointed him, and here he recites to OKW, "Corps Headquarters XVIII" that was General Boehme's corps, "arrived with small working staff in Belgrade 19.9. General Boehme has taken over command." Of course that is the position of Commanding General and Plenipotentiary General in Serbia. The reports of the 17th and 16th of September have already been called to the Court's attention. Turning then to Page 123, to show that he reported as well concerning Greece, the entry under Arabic "5" for the 8th of September, "During special operations against Franctireurs on Crete, 20 more Greeks shot to death, 41 Greeks and 11 Englishmen captured." And then on Page 124 is the communication of the 8th of September, the first quoted paragraph "2"-that is Serbia, and the second one quoted, which is No. "4", recites "Greeks and Englishmen shot to death, 75 Greeks and 16 Englishmen captured." And then on Page 125 a message of 7 September 1941, "In three villages of the Banat 30 Communists hanged publicly in reprisal for repeated cable sabotage."
Turning over to Page 126, messages again continue about Greeks and English. The communication at the bottom of the page for the 3rd of September, "During special operations again, 20 Greeks and two Englishmen shot to death. 33 Greeks and 11 Englishmen captured." And then for the 2nd, again referring to Greeks and Englishmen, "27 Greeks and 2 Englishmen shot to death. 30 British soldiers and 23 Greeks captured." That was on Page 127. Page 130, the entry under the first paragraph sets forth houses being burned down in Serbia; it is a communication for the 19th of August 1941. And on Page 131, the communication of the 17th of August, "5 Communists convicted of sabotage, hanged in the main street of Belgrade." On Page 132, going from the Armed Forces Commander Southeast, Defendant List, to OKW, entry of the 16th of August, "In addition to the Communists hanged in Skela (see Daily Report dated 15.8. 15 villages shot to death because they omitted to report the presence of the band. 350 houses burned down. The punishment has been publicized by radio, poster and in the press." That has been called to Your Honors attention before.
THE PRESIDENT: I believe this is the proper time to recess.
MR. DENNEY: If Your Honor pleases.
(The Court recessed from 1225, to resume at 0130)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 22 July 1947.)
THE MARSHAL: The persons in the Courtroom will be seated.
The Tribunal is again in session.
MR. DENNEY: If it pleases your Honors, we were approaching the end of Prosecution's Document Book V and we were on Exhibit 128, which is document NOKW-251 in evidence, and we were considering reports recrived by the Wehrmacht Commander Southeast from the 164th Infantry Division, which your Honors will recall was operating in Greece and had been the case with prior reports here, most of these have been put into evidence before in Document Book III, Exhibit 111, in the form of copies which were taken from the files of the 164th Infantry Division, and these copies are taken from the files of the Armed Forces Commander Southeast, and at the period of the telegram to which I will not make reference, 30 September, 1941, the Defendant List was Armed Forces Commander Southeast. This has been put in before, reports an operation on the 29th of September in area northwest of Negrita. "22 Greeks disposed of, partly while escaping, partly while resisting. Some houses burned down."
The next report on page 144 for the 6th of October recites divisional troops of the 164th making a search for weapons on the 5th of October. Two Greeks executed by a firing squad for unauthorized possession of weapons. Houses in which arms were found were burned down.
And on the 8th at page 145, "search for weapons in the area south of Lake Drojan on 7 October, various weapons and ammunition were found, 11 Greeks shot. 16 houses burned down."
On 17 October 1941, again from 164th Army, your Honors will recall this, the two Greeks shot southeast of Negrita and 12 houses burned down. A small quantity of arms found. "Additional member of the Bolshevist parachute squad which was dropped on 6 October was shot on 17 October while attempting to resist arrest."
And on page 147, the communication of the 8th, the figure of 207 persons shot, the male inhabitants between the ages of 16 and 60 years in the two villages of Ano-Kerzilion and Kato-Kerzilion.