A. After the Kommando took up its new activity at a new garrison the first thing to do was to sift the captured material, documents, etc., and to pick out that material which was important for the SD work, to evaluate this material and to pass it on to the agencies concerned with it. That might be the Army, but usually the group. Secondly, liaison had to be established with the town Commandant and especially with the indigenuous personnel working for him. These were the Commissar Mayor, technicians, teachers, so-called agronomists. With their aid it was attempted to get a survey of the various domestic spheres, together with information about the morale of the population. This information was complied in situation and morale reports. After this survey had been established important individual problems were investigated more thoroughly and in a more extensive form and for this work indigenous experts were used. Usually this information was then utilized for individual reports.
Q. And where did these reports go?
A. As I have already indicated these reports were usually sent to the group, that is, via the Kommando leader. They were passed on, if the courier service would permit, usually once a week. At the same time the Army was informed either in a written form or orally. The Kommando leader would decide this and he usually informed the Army himself.
Q. Perhaps you can give a few examples briefly about your reports in the SD field?
A. One would have to add generally that during the advance, and that's true for the entire time of my assignment in Russia, that the SD work which would threat all spheres equally was not possible. The work had to be improvised and had to be started all over again at every now place. Reports were made about the expectations and about the morale of the population. The situation reports emphasized economic facts from subject matters including the care and the food situation, the supply situation of the population, the reconstruction of the industries and services, the bringing in of the harvest, the distribution of the land, the lack of agricultural machinery.
Furthermore we were concerned with questions of administration. Investigations were made of the strength of the organizational activities, National groups, about autonomy ambitious, about school questions, questions of the medical care of the population. Finally individual problems were discussed such as the research about the planting of the Russian rubber plant, cocsacis, and the compilation of reports about the Bolshevik industrial centers on the other side of the Ural Mountains.
Q. Your Honor, within the next few days I shall submit a document which will describe the manner of reporting which the defendant Fendler has just described.
THE PRESIDENT: Very well. BY DR. FRITZ:
Q. What assistants did you have in the SD work?
A. As I have already said there was another officer next to me who came from the SD, a 2nd Lieutenant Koenig who has already been mentioned, We were the only experts with the Kommando. There were no NCOs or men who came from the professional SD service. This 2nd Lieutenant and an interpreter were always at my disposal to assist me. And, according to requirements, members of the Waffen-SS were added and another interpreter if he was available.
Q. Your Honor, as far as the SD work is concerned which the defendant Fendler performed and which he described I would like to refer to a few affidavits. I first offer the affidavit of Henicke. This is on page 31 of the Document Book, Fendler document #12. I offer this as Fendler Exhibit 10.
Henicke was chief of Department III with Einsatzgruppe C. Thus he had the same activity in the Einsatzgruppe that the defendant Fendler had with the Einsatzkommando 4-B. record, your Honor, because of its significance. This is the 4th paragraph I quote:
"From the beginning of the Einsatz to the end of October 1941, I myself was with the staff of Einsatzgruppe C as Referent III. As such, I had to perform purely intelligence work, reports on public opinion and the situation in all spheres of Russian life, for instance, economy, culture, administration, etc. Fendler as SD-Reference for Einsatzkommando 4-B had the same tasks. It did not come to my knowledge that Fendler performed works other than SD work. Since the groups and Kommandos were poorly staffed by SD people and Fendler was the only specialist in the SD department in Einsatzkommando 4-B, SD people were used only as specialists. Fendler was fully occupied with SD tasks for his Kommando. Reports drawn up by Fendler were sent to me as his technical superior. In the Einsatzgruppe I did not receive reports about executions of the group and am of the opinion that Fendler also in his Einsatzkommando had no insight into these reports. On principle, the Referent III in the Einsatz, that is technical Department IV, performed no informers services for the Executive either."
Q. Your Honor, at this point I would once more like to refer to the affidavit of Heyer, which has already been offered, on page 26 of the Document Book. This is Fendler document #11, Exhibit #8, on page 27 and 28 of the Document Book, in the second half of the last paragraph on page 27, he also describes the SD work and he makes statements about the composition of the Kommando. I would like to read one passage into the record, page 27, the second paragraph, last sentence:
"Traveling back also were Obersturmfuehrer and Kriminalkommissar Bussinger and Kriminal-kommissar Kaerger. Bussinger told me he was IV Referent, therefore, was in charge of the executive. The fact was also discussed that enough specialists were available for the Executive while Herr Fendler in his specialized sphere was the only expert and therefore extremely overburdened with work. From conversations with Herr Fendler and other commanders of Einsatzkommando 4-B it was clear that Herr Fendler was the SD-Referent (III) with Einsatzkommando 4-B and, apart from that, Liaison Commander with 49th Mountain Army Corps, and to that extent, had the same task as I had. I gathered from the conversations that Einsatzkommando 4-B did not operate split up into subsidiary kommandos as was the case with same Einsatzkommandos, but always operated as a whole. Therefore, there was a clearly defined distinction from the point of view of work. Herr Fendler told me about his work and his reports which he prepared about the provisions situation, supply of the people, setting in motion of industry, strength and organization of national groups, condition and care of ethnic Germans, religious life, that is, concerning the 4 spheres of live about which in general the SD reported." ler Document 10. At this point I call attention to the second paragraph of this affidavit of Martens.
THE PRESIDENT: Exhibit number?
DR. FRITZ: 11, your Honor. Martens was in the same Einsatzkommando 4-B. I shall come back to this affidavit later on.
fidavit Koenig. This is Fendler Document #9, on page 20, page 21 of the Document Book on top. And from page 20 I would like to read the second paragraph. I quote:
"The executive tasks of the Kommando came under category IV. During the entire period of our assignment, Fendler and I never handled this category. Many specialists from the Secret Police and Criminal Police-officers and NCOs-were available for category IV. On the other hand, Fendler and I were the only ones who worked on category III (Security Service matters). Category Iv - that is, the executive part was handled completely separately from category III. These working on it were subject exclusively to the directions of the Kommando commander, but not to these of the specialists working on category III. On the other hand, the executive department did not have the right to give technical directions to the specialists of category III. The intelligence work of the Security Service branch was in no way connected with the executive side.
"It also never happened, while we were there, that technical directions of the Kommando commander for the Executive Department were perhaps issued through those working in category III." Koenig who made out this affidavit worked under Fendler in Special Kommando 4-B. BY DR. FRITZ:
Q. Herr Fendler, you have described your SD work in the assignment. What job did you have as liaison officer to the 49th Mountain Army Corps?
A. The Kommando leader Hermann at the beginning of the assignment told the liaison officers who had been designated as such about the general mission. First of all, the establishing and maintenance of continuous contact with G-q. Secondly, mutual exchange of political and military intelligence material and third, clarifi cation of the questions concerning the advance garrison and supplies of the Kommando.
Only that liaison officer would handle these matters who was designated for the particular Army Corps and in whose operational area the Kommando was just stationed at that time. In my capacity as liaison officer to the 49th Mountain Army Corps I only was active once. The 49th Mountain Corps was at that time 40 kilometers east of Tarnopol in Trembowla. I took up contact with this G-2 and carried out the orders of the Kommando leader to secure the approval of G-2 for the advance of the Kommando. Thereupon I prepared quarters in Trembowla for myself and a small detachment. The Kommando advanced on Trembowla from Tarnopol two days later. About a week after the Kommando arrived in Trembowla I had another discussion with G-2 about the move of the Kommando, at that time into the area of Proskurow. I don't recall that later during my assignment I have spoken again with G-2 of the 49th Mountain Corps and I did not receive any orders later as liaison officer to another Army Corps of to the Army Headquarters and to perform any function in this capacity.
DR. FRITZ: YOUR Honor, this would be a nice point to recess.
THE PRESIDENT: The Tribunal will be in recess for 15 minutes.
THE MARSHAL: The Tribunal is again in session.
DR. KOESSL: Dr. Koessl, deputizing for my colleague. Dr. Gawlik. I would like to ask the high Tribunal that the Defendant Naumann be excused from attendance in court this afternoon so that he can assist in getting the document books ready.
THE PRESIDENT: The Defendant Naumann will be excused from attendance in court this afternoon Proceed, please.
DIRECT EXAMINATION (Continued) BY DR. FRITZ: work as SD referent and also your work as liaison officer. Were you then given any other tasks during your assignment in the East?
A Yes, for example, as chief of an advance kommando. As I described already before the recess, I was in charge of an advance kommando on two occasions in Trembowla as well. I was assigned in these advance kommandos because the experience in the first weeks of our advance in the East had soon proved that the intelligence material which the Bolshevists had left behind could only then be secured if we succeeded to advance with the front troops and to occupy these offices before the material was taken away by the advancing German Wehrmacht members who used these rooms as staff quarters and scattered the documents in a number of cases. As far as I remember, during the whole time of my assignment it was not possible, to achieve a good cooperation of the entire kommando. It was necessary to operate with small advance kommandos. The advance kommandos of which I was in charge had each about sic to eight men. The mission given to me was; first; securing material left behind by the Bolshevists, any document material or information material; secondly, securing billets and the supplies of the kommando which was following us. other tasks except those you just described?
any other tasks.
Q In particular then, you did not carry out any police measures?
A No, never. The Security Police work and the SD work only started when the kommando arrived at this new garrison. In both cases I just mentioned the kommando followed already the day following my arrival. That is, their work started then under the command of the commander of the kommando.
Q But the prosecution maintains, and I quote, "that repeatedly you carried out the function of a deputy chief of this unit".
A No, this was never true. While I was assigned I never had full authority of command over the kommandoo not even in the case that the kommando chief was absent. Even when the commander of the kommando was absent. Even when the commander of the kommando was absent I could not give any instructions to the executive and certainly could not give any orders for executions.
Q Your own affidavit which is contained in Document Book III_C in the English book Page 55, in the German, Page 89, it is the Document No_4144, Prosecution's Exhibit 142, says on Page 2 of the original under number 3, I quote: "I have never been officially designated as a deputy to Hermann. I have, however, taken charge of official matters during his absence." How am I to understand this? However, I want to explain in more detail, why it was formulated in that manner. While signing the affidavit in the presence of Mr. Wartenberg, I asked to add something at this particular point according to the statements I had made concerning these problems. Mr. Wartenberg told me that there would be no point in it, and he refused to have this addition made. My statement on this point I had made in sufficient detail during the interrogation.
trying to put into it. At that time Mr. Wartenberg did not tell me what this affidavit was going to be used for. He persuaded me to sign it; had I known I would have insisted on these supplements.
Q. Mr. Fendler, another question. Do you believe that the record of the interrogation shows that explanations were made which must now be in the hands of the Prosecution?
A. I am not sure of that at all. During my interrogation I had to find repeatedly that the secretary either on instructions of the interrogator or simply because she could not keep up with the speed, did not keep up and I had to repeat some matters. I don't know, therefore, whether this particular passage was included with all the clarity and detail necessary in the record about my interrogation. I can only say that I described this point to Mr. Wartenberg in great detail as I shall try here myself now in order to clarify any misunderstandings.
Q. Please, do so.
A. During my assignment, as I emphasized before, I was never fully authorized deputy of the Chief and in practice I was never responsible for all the functions of the Kommando. During the whole time of my assignment, the Kommando Chief Hermann, was never absent for any length of time from the Kommando. I myself remember only one occasion when he was absent for more than one day from the Kommando. At that time the Kommando was in a village because they could not move on because of heavy rains which made the roads unusable. The Kommando chief himself at the time was with a staff near the Kommando. While the Kommando Chief was absent for a few hours or a day there was no deputy appointed by him. For the work in the various fields the expert on each field acted as his deputy in their field and had to make their decisions on their own, independently. They were responsible for these decisions, for what the Commando Chief did. That is how it was handled in the Reich office as well when no permanent deputies had been appointed. The senior officer, if it became necessary, represented the Kommando to others and and in case of an emergency he was in charge of the Kommando.
Except Chief be handed on.
The senior officer present in such a case did not have full commanding power then.
I must add here that very often I
Q. Your Honor, at this point I would like to refer to a few graph and page 29 of the top. This is the affidavit by Heyer who at this point confirms the explanation given by the witness.
Also I would the paragraph before the last on this page; I quote:
"It is not known to me that Fendler was deputy of the Kommando Commander; he did not appear as such in reports or group conferences."
I also want to refer Beginning on page 24, the last paragraph, I would like to read.
I quote:
"Sturmbannfuehrer Hermann was the Commanding Officer of the Einsatzkommando.
So far as I remember, he was never absent from the this time he was neither ill nor on leave.
Hermann never had a deputy Hermann."
I would like to mention here that Martens was in the same third paragraph on this page.
I must correct myself, your Honor, the is, Department 4?
A. No, the departments were independent. Department 4, in order
Q. Who made out the reports about the entire activity of Commando 4 B which was sent to Einsatzgruppe 4 C?
A. This task was handled by the Commander personally on the basis of the reports which his experts gave him for this purpose.
Q. Do I understand you correctly that you had nothing to do with the drafting of the reports on the overall activity of the Einsatzkommando?
A. Yes.
Q. Were these activity reports which the Commander Hermann made brought to your knowledge?
A. No.
Q. Your Honor, at this point I would like to refer to paragraph in the affidavit Koenig on page 22 of my document book. I would like to read the first paragraph into the record; I quote: "The Security Service reports or other information collected and assembled by Fendler and myself went, through Kommando Commander Hermann, to the official in charge of Security Service matters at Einsatzgruppe C. On the other hand, Kommando Commander Hermann made up the general activity reports of Einsatzkommando 4 B himself, without exception. He did not, however, make these reports available to the specialists, so that these did not know their content." As Chief of 3 could you give instructions to Department 4?
A. No.
Q. Did you ever receive an order to carry out an execution?
A. No.
Q. Did you yourself ever give an order to carry out an execution?
A. No.
Q. Not even as a Liaison Officer to the Wehrmacht?
A. No.
Q. Did you ever attend an execution?
A. No.
Q. Did you find out in the assignment about executions which the Commando 4 B carried out because that executions occurred in 4 B you will not doubt since you have seen reports of events here in the meantime.
A. When we were in Lemberg at the end of July 1941?
Q. Yes, 1941.
A. The Commander Leader announced that orders had been given to the Commando when carrying out the general security tasks to proceed in the severest manner against the bearers of Bolshevism and if necessary to execute them. Similar directives for similar treatment of Commissars, agents, looters, saboteurs were allegedly given to the Wehrmacht. It was also said that for the East military law did not apply and in its place it was left to every officer to make his own decisions. He, the Commander Chief, reserved the right for Einsatzkommando 4 B for all executions which might become necessary. During the assignment I heard that Sondercommando 4 B did carry out executions, but I did not get any information how many persons were involved or what king of persons they were.
COURT II CASE IX BY THE PRESIDENT:
Q. You say you did not get any official information. Did you get any unofficial information as to the number of people executed?
A. I learned from hearsay that executions occurred. I remember at the moment only one case that a figure was mentioned to me. It is possible that I know at the time, that I heard about it, that I have forgotten in the meantime.
Q. How many people did they say were executed?
A. In that one case, to which I just referred, 20 to 30 persons were mentioned. BY DR. FRITZ:
Q. Herr Fendler, do you refuse to confess that people were executed merely because of their race or because of their political convictions?
A. Yes.
THE PRESIDENT: I don't understand the phraseology of your question, Dr. Fritz. You sounded almost like a prosecuting attorney with that question: Do you refuse to confess.
DR. FRITZ: No, no. What I asked the witness, Your Honor, was whether he himself declined to believe, whether he agreed to it that persons were executed in the East merely because of their race or political convictions.
THE PRESIDENT: Why put it in such a complicated way? Just ask him directly, did he know that people were being executed because of their race.
DR. FRITZ: There is a difference, your Honor. I want to hear about his attitude concerning these executions.
THE PRESIDENT: I didn't quite grasp the question the way you put it the first time. We will see what happens now.
COURT II CASE IX BY DR. FRITZ:
Q. Herr Fendler, did you agree that in the East at the time people were executed by the Einsatzkommandos only because of their race, because they were Jews or, for example because of their political convictions. What was your inner attitude?
A. No, I deny this.
THE PRESIDENT: No, it isn't clear Dr. Fritz because the question mingles the factuality with the spirituality of it. Why not find out first if he knew that Jews were being executed because they were Jews; then find out if he approved of that policy; then you can go into his inner soul. BY DR. FRITZ:
Q. Herr Fendler, you heard the question the President asked. Did you hear about the fact that persons were executed in the Eastern territory merely because of their race, or political convictions? A. I heard about it after the assignment. BY THE PRESIDENT:
Q. You knew of the Fuehrer order?
A. No, your Honor. BY DR. FRITZ: Your Honor, I shall come to this in my further examination. Your Honor, in this connection I would like to refer to the affidavit Koenig on page 22 of my document book. It is in the third last paragraph and I quote:
"In the executions which were carried out on the order of Kommando leader Hermann by the Executive Department (category IV), as far as I know Fendler never participated; nor did he ever arrange any of these. He would, furthermore, not have been either authorized or empowered to do this."
Q. Herr Fendler, in the afternoon session of 30 September 1947 when the Prosecution talked about your case, they referred to the following documents. First of all in Document Book 2-A, NO 2938; that was on page 81 of the English text, page 79 of the German text, Prosecution Exhibit No. 44. The passage concerned is on page 14 of the original. Also in Document Book 2-C, document NO 2934, page 49 of the English text, page 52 of the German text, Prosecution Exhibit No. 79. In the original the passage referred to is on page 5; and also in the Document Book 2-A. NO 3155, page 44 of the English, page 40 of the German text. Prosecution Exhibit No. 38. The passage concerned here is on page 4 of the original. In these documents, Herr Fendler, the executive activity of Sonder kommando 4 B in Tarnopol and Krementchug is reported on. Your own affidavit shows that you were in those locations. I now ask you, did you take any part in the executions and excesses which took place about which the document reports?
A. No; I had nothing at all to do with it; these events, just as well as all of these events mentioned by the Prosecution I have seen here for the first time. I don't know either what the Kommando leader reported at the time about the events in Tarnopol and Krementschug. I heard at the time that in Tarnopol and Krementschug. I heard at the time that in Tarnopol and Krementschug executions were carried out.
Q. Did you hear about the extent and the reasons for these executions in the reports shown of the events?
A. I can only say that I heard about it in Krendogla, which I mentioned before that the Kommando in Tarnopol shot 20 to 30 persons. I cannot give a more detailed COURT II CASE IX explanations about figures?
A. I only know that in Krementschug shortly before the Kommando left for Poltawa an execution was carried out. What kind of persons they were and how many they were I can't say. The Prosecution on 30 September as well as also on the 3rd, in Document Book 2-G, Document No. 2830, which is on page 25 of the English and page 23 of the German text, Prosecution Exhibit No. 72; on page 18 of the original it says, and I quote:...
THE PRESIDENT: I didn't get the English page, Dr. Fritz.
DR. FRITZ: Page 25, your Honor. I will read the quotation:
"The garrison of Sonderkommando 4b is stationed at Poltawa, according to a report dated 16 October 1941." paragraph soon after the passage just read that the Kommando 4b from 4 October 1941 to 10 October 1941 executed 186 persons.
Q. Were you still in the Einsatz during that time?
A. No, on 13 September -- it must have been 1941, that is -in Sonderkommando 4B the Einsatzgruppe received an order from Berlin that the candidates for the leading service including myself were to report back in Berlin on 1 October. The order had been delayed obviously at the gruppe and I left the kommando then on 2 October and travelled via Kiev and Lemberg to return to Berlin where I arrived on 6 or 7 October.
DR. FRITZ: Your Honors, in order to support the statement of the defendant Fendler, I would like to refer to affidavits again. The first one is the affidavit Heyer, page 27 of my document book. There it, says in the second paragraph from the second sentence -and I quote: "I met him again in the East in Poltawa on 2 October 1941. At that time Herr Fendler and I, as well as other candidates for the leading service, had been ordered back from the Einsatz and we were on the return journey, on 2nd to 4th of October. I travelled by express coach back to Berlin while Herr Fendler went on into Reich territory by train." graph in the affidavit Koenig, page 22 of my document book, which also confirms that at the end of September 1941 Fendler had been relieved from the Einsatz assignment -- document 9, in the last paragraph of the affidavit.
I also offer at this point the affidait Brass, Document No. 13 on page 34 of my document book. I offer it as Fendler Exhibit No. 12and I refer to the second paragraph whereat the witness says that Fendler at the beginning of Octoner visited him. That was 1941. which I have already submitted, also the last paragraph of 32. It is on page 32 of the document book. This last paragraph shows the same, what Fendler has testified at this point.
Q. What did you do after you returned from the Einsatz assignment?
A. After my return from the assignment, I continued to study law at the university in Berlin. In the year of 1942 I passed my Referendar Exam. After that, as a Referendar, in order to do my duty and practice, I came to the county counselor in Waldenburg in Silesia to the government of the Liegnitz. In August 1943 I passed the major State Examination and became government counselor, government assessor.
Q. Where were you active after passing this final examination and having passed the training you just mentioned?
A. In September 1943 I was transferred from Office I of the RSHA to which I had belonged until that time to Office VI in the RSHA
Q. How long were you there?
A. Until the collapse.
Q. In Office VI you dealt with the political information servie from abroad, was it?
A. Yes.
DR. FRITZ: Your Honors, the tasks of Office VI have already been explained by other defendants. Apart from that, Schellenberg in his affidavit of 12 July 1946 in the IMT gave explanations about this. to assist the Tribunal. I have included Schellenberg's affidavit into my document book. The affidavit has the document number SD-61 and I offer it as Fendler Exhibit No. 13.
THE PRESIDENT: What page is that on?
DR. FRITZ: 636.
MR. HOCHWALD: If the Tribunal please, the prosecution would like to object to this document in this connection as entirely immaterial. This document is going to be introduced obviously to show that the Department, No. VI, of the SD was not a criminal organization.
According to the judgment of the International Military Tribunal, Department VI is precisely named among the departments of the SD which were considered by the International Military Tribunal to be criminal organizations. The verdict of Control Council Low No. 10 makes it absolutely clear that in this respect the decision of the International Military Tribunal is binding. Therefore, it seems to me that defense counsel for defendant Fendler tries to introduce proof as to the criminality of this special department and this seems to be immaterial in this case. Only the membership of the defendant Fendler to Department VI can be contested by the defense. It can be further contested that he had knowledge of criminal acts committed by the organization but the fact that Department VI was criminal cannot be contested before this Tribunal.
THE PRESIDENT: What have you to say that, Dr. Fritz?
DR. FRITZ: Your Honors, I limit myself exclusively to the person of the defendant Fendler.
THE PRESIDENT: You can show that he was either not amember of that organization or that being a member of the organization he was entirely ignorant of its criminal operations, but you cannot contest what is now res judicata, that that organization has been declared a criminal organization.
DR. FRITZ: I do not intend to do that by introducing this documtnt, Your Honor. I only wanted to talk about the general activity of Office VI, for the convenience of the Tribunal. That is why wanted the affidavit to be introduced in my document book. It has nothing to do with the question whether Military Tribunal No. II is bound to the decision of the IMT.
THE PRESIDENT: We will permit the document only for the purpose of enlightening the Tribunal on the knowledge of the defendant that this organization was conducting criminal operations.
BY DR. FRITZ:
Q. Since other defendants also talked about the tasks of Office VI, I ask you. Herr Fendler, just to describe briefly your arm activity in Office VI.
A. With the assistance of confidential non, I had to obtain secret and official matters in time by means of a certain information service about the political and economical situation in the countries Spain and Portugal and about the other foreign countries inasfar as such information could be obtained in these countries. Also it was my task to make the necessary technical arrangements and to maintain them, which was necessary in order to get this information. The information obtained inas far as it concerned Spain and Portugal, they revaluated in my department and were compiled into reports, according to periods or as required. These reports I submitted to my group leader and he handed them over to Office VI; that is, Schellenberg. These persons decided how these reports were going to be used.
Q. You were only responsible, then for obtaining and working on reports?
A. Yes, I had to give a picture of the situation as objectively as possible and about the symptoms of the development of the political and economic development in those countries.
Q. Did you have anything to do with Keeping a check on foreigners or Germans in Germany and abroad in order to persecute them by the police?
A. No, my assistants had no executive power, nor did I.
Q. Did you have the task to organize the NSKAP abroad?
A. No.
DR. FRITZ: Your Honors, at this point I would like to introduce three more affidavits. I offer the affidavit of the witness Neubourg on page 49 of the document book as Fendler Exhibit 14. I would refer to the contents.