They were internally, internalintra-office matter of the Reich Ministry.
I go now to Exhibit 8, Document No. EC 194, 31 October 1941, Secret memorandum of decree concerning use of prisoners of war in war industry.
From this document, which is a decree to title, I will read from the last page of the document, the so-called "Distribution"; that is, the indication of all those -- the indication of all the offices that received this secret decree. It reads: "Distribution: Ob.d. H/ Org. Abt." - the OKW Organizational Department, Quartermaster General No. 2, with the"Skl", abbreviation before it; then, high command of the Luftwaffe Quartermaster General. That means that Milch did not receive this at that time since he was not Quartermaster General. From a document read today you saw that he said subsequently, "I am not a quartermaster-general, and I have no authority there.
" I read further:
"Reichsarbeitsministerium Att: Staatssekretaer Syrup; Reichminister fuer Bewaffnung and Munition, Att: Ob. Reg. Baurat Behrens; Reichswirtschaftsministerium: Att: Min. Rat. Quacke; Reichministerium fuer Ernaehrung and Landwirtschaft. Att: Reichminister for Food and Agriculture; Min. Rat. Dr. Dietrich; OFW; and the Intelligence; and the Wi Rue Amt,---Department; " Ausl/abw; AWA (3 x); W.H.; Abt. Ausl; WEST Abt. L (Chef L I H? IK? IL? IV? II, " -
DR. BERGOLD: And the abbreviation: "ntb)". This "Distribution" proves that Milch did not receive this; rather, it was a secret order; and according to the decree of the Fuehrer I read to you, it is apparent that since it was secret it could not be brought to his attention but only to the attention of the offices named therein.
I go now to Exhibit 9, Document No. 1206 here, page 27, of the 7th of November 1941. Notes of Goering, remarks made at the Air Ministry, concerning employment of labor in war industry. From this document I shall read again the last page; again, the "Distribution"; page 29,: "Distribution" "Chief Ru" (Reading) that is the OKW; "Section/ROE would be the second copy that is again a department of the OKW. "Ru II" would be the 3rd, copy; Ru IIIa would be the 4th copy; RuVI-IIIa would be the fifth copy; that is also a work department of the OKW. "Draft Ru IVd" would he the sixth copy. Then there follows the draft of the persons who had received the particular document. This notation -- or, rather this document -- did not come to "Mich's attention; also, it was only a draft, but it was called "top secret military" and it did remain secret, and came to the attention of only those to whom it was distributed.
Howeover, at that time, Milch was not at that time LuftwaffeQuartermaster-General, but only Inspector-General, and inspected only troops.
I come now to Exhibit No. 10, Document NO 3040-PS; page 30, 20 February 1942; secret order of the Reich Fuehrer SS concerning commitment of manpower from the east. I shall read the too of page 32 in the English document book, the first line, Roman numeral II, 4b. I quote; "b. The instructions for the plant protection and guard personnel. The guards must keep strictly away from the Soviet-Russian manpower and must not speak with them except in line of duty. They have to treat the camp inhabitants strictly but must not commit any injustices against them. c. The conduct of the guards is to be checked constantly. Violations against discipline by men of the plant protection and the protective personnel are to be punished by the State Police." This page shows clearly that there were instructions for the guards to behave decently and justly.
I read the next page, Roman numeral III, heading, combatting violations against discipline; the same page, page 32. 1. "According to the equal status of the manpower from the original Soviet-Russian prisoners of war, a strict discipline must be exercised in the quarters and at the place of work. Violations against discipline, including work refusal and leafing at work, will be fought exclusively by the Secret State Police. The smaller cases will be settled by the leaders of the guard according to instructions of the State Police Administration Office, with measures provided for in the enclosure. To break acute resistance, the guards shall be permitted also to use physical power against the manpower but that may be done only for a cogent reason. The manpower should always be informed about the fact that they will be treated decently when conducting themselves with discipline and accomplishing good work. This therefore proves, in contradiction to the assumption by the prosecution, that only in particularly serious cases was physical force permitted, only in combatting acute resistance."
I now skip Roman numeral VI, Roman numeral VII and IX. I come to Roman numeral II which is a numeral following Roman numeral VII on the top of page 34, German activities. Just a moment, my error, I want to read Roman numeral III, fighting against the breach of the work contract.
I quote: '1. The fighting against the breach of the work contract of this manpower is principally the duty of the Secret State Police.
2. This does 596a not mean, of course, any interference in the activity of the Reich arbitrator for work, with the means at his disposal in the regulation and settlement of industrial difficulties as long as no active intervention is necessary.
If more stringent measures are necessary, the arbitrator will transfer the proceedings to the Secret Police. 3. In every case, however, it is the task of the State Police Administrative Office to check whether the violation of the work duty by this manpower is not caused by the plant, by breach of contract, as well as general bad treatment. If the conduct of the concerned manpower appears justified through the faults or on the part of the plant, the State Police is not to interfere since this is free manpower. These were Poles."
I proceed to the next exhibit, Exhibit No. 11, Document NO 1435 PS, of 25 February 1942, page 37 of the English document, Speer's speech at the Gauleiter meeting, if the Tribunal will permit me to read this document slowly. It begins, "They have, we find, one advantage over us, in respect to punishments in the interest of the State. We, too, in the armament industries must proceed far more strictly, far more stringently. The Fuehrer has decreed, on my suggestion, that those plant directors and employees and also those officials and officers who attempt by false statements to request materials or manpower are to be punished either with death or with a long prison sentence."
Your Honors, these last two documents prove that the leadership wanted to do everything in its power to treat their workers decently and that, if there were any offenses, it should first be examined whether or not the German plants were the guilty part, and if the foreigners who worked there should be left at liberty.
I shall now continue to proceed to Exhibit No. 12, Document NO-D316, of 14 March 1942, a memorandum to Dr. Hupe, page 39, concerning the employment of Russians. This document is inserted in my document book. I shall read slowly because I believe the interpreters haven't got it. I shall read only the introduction. The heading is Friedrich Krupp A.G., ESSEN, the Machine Building Workshop 8 through Mr. Koch to Mr. Hupe, 1942, regarding employment of Russians.
I have read this, Your Honors, in order to show that this had nothing whatever to do with the defendant Milch. The Krupp works were not a plant of aircraft armament, but of the Army. Erhard Milch was interested in the aircraft armament, and know nothing of this.
I come now to Document NO 13 -- Exhibit No. 13 -- Document NO 016-PS, page 39, of 20 April 1242, labor mobilization program. I shall read from page 2 of the German copy under large B: "All orders of the Fuehrer, Reichs Field Marshal of the Greater Reich, and the 'Minister' for ammunition and armament are to be carried out as quickly as possible. Labor supply necessary for that purpose must be freed and made available either in Germany or an the occupied territories." This proves that the Central Planning is not mentioned here although it was at that time already in existence. It had, therefore, no direct right to requisition.
From the same document, under VII, I will read: "The problems and their solution" and there you must look under Bb, number 3;in the German book it is page 87. I read:
DR. BERGOLD: I read No. 3: "The Armament and Nutrition tasks make it vitally necessary not only to include the entire German labor power but also to call on foreign labor." This proves that foreign workers were not used in accordance with a program for slave labor that existed from the time back at the beginning, but used them only as an emergency war measure. I read further: No. 7, Arabic number seven; that's on page )46. I read the last paragraph, the top of page 47: "The severest measures must be used against leafers, as - we can not allow these parasites to shirk their duties in this fateful struggle of our people at the cost of the decent and industrious ones."
This passage proves that the loafers he mentioned are oven in Sauckel's case German markers. This is a report on German workers and you can see that from the first sentence of this No. 7 which I am now reading, I quote: "a last, but also important reserve consists in the possibility of the personal increased production of each German worker."
I read further; several; pages further in the section that begins: "Prisoners of War and Foreign Workers. " That's page 93. I read the second paragraph of the section: "all of the men must be fed, sheltered and treated in such a way as to exploit them to the highest possible degree at the lowest conceivable degree of expenditures."
Your Honor, this passage, when it was read by the prosecution, was the cause of discussion between me and the prosecution, because I was of the opinion that the word 'einsatz" was incorrectly translated with the word "expenditure." In my opening speech, your Honor, on page 6, I myself used the German word "einsatz " and said that" in connection of "Einsatz der Arbeitenden" . Through the official translation of this work, this word "einsatz " was translated as "assignment". Moreover, it has also been translated with the word "Employment" just now and I also heard of it being translated as 'consignment of labor". Four honor, I believe, "therefore, that my objection to this translation "expenditures" was correct and that the word "einsatz" should not be translated as "expenditure," but as either "assignment" or "consignment" or 'employment". I come now to the last page of this document, page 5l, or rather page 50, the passage immediately before number 1: "Therefore, in closing I would ask you to observe the following principles carefully:
1. All technical and administrative natters for the mobilization come exclusively under the authority and responsibility of the General Plenipo 599a tentiary for Labor Mobilization, the National Labor Offices and the Labor Offices.
No. 2. All questions and tasks concerning propagandas, orientation, or political consequences and care, come under the jurisdiction of (a) the party, if outside of the plant (b) the German Labor Front if inside of the manufacturing plant, (c) the Bureau for Farm Politics for agricultural enterprises, 3.) The issue of food and clothing ration cards, financial indemnities and relief come exclusively under the jurisdiction of the competent authorities or institutions of the economy."
This demonstrates that the Plenipotentiary General was exclusively competent for questions of propaganda as such. Milch had no influence whatsoever in this department. I go now to Exhibit No. 14-a, document number 3044 PS and page 56 of the document book. On the 7 May 1942 Sauckel Order No. 5 was published in District Regulations and Announcements. From this collection Regulation No. 4 of the Plenipotentiary General. No. 4, on Page 106 of the German document I believe its page 60, bottom of the page. Have you the got it? I shall read it slowly. "Regulation No. 4 of the Plenipotentiary General for the mobilization of labor regarding the recruitment, care, housing, feeding and treatment of foreign workers, male and female, of May 7 1942. In this tremendous and fateful fight of all Europe the Greater German Reich must, in order to assure its armament and food, employ an enormous number of non-German and foreign male and female workers in the Reich. All of these workers, including the prisoners of war, will be treated in accordance with the oldest traditions of the German people and race, correctly, decently and humanely. The recruitment of foreign labor will be done on one fundamental basis of volunteering."
This is, your Honor, on page 56. The third paragraph;
"Where, however, in the occupied territories the appeal for volunteers does not suffice, obligatory service must be under all circumstances resorted to. This is an undisputable requirement of our labor situation. Recruitment must be made as benefits the prestige of the Greater German Reich and the will of the Fuehrer. Irresponsible promises regarding pay, contracts, 600-a housing, free time, and so on must not be made.
Living conditions in Germany itself, which are better than anywhere else in Europe, can and should be emphasized without exaggeration being necessary. Jewish methods of catching people, such as were customary in the democratic states of the capitalistic world, are unworthy of the National Socialist Greater German Reich. With the above principles as a basis I order the following: I. General. The recruitment of foreign labor in the areas occupied by Germany belonging to allied, allied-friendly, or neutral states will be carried out exclusively by my commissioners or by the competent German military or civil agencies for the tasks of labor mobilization. Other agencies, organizations or persons are not allowed to recruit foreign labor.
This proves that only Sauckel and his organization were competent in this matter and that no lies were told to the foreigners; that as a matter of practice they were treated correctly and decently, and were recruited in the main voluntarily.
I come now to 2, the bottom of page 58. "The care of foreign labor will be carried out: a up to the boundaries of one Reich by my commissioners or in the occupied areas by the competent military or civil labor mobilization agencies. Care of the labor will be carried out in cooperation with the respective competent foreign organization, b. within the area of the Reich. 1. by the German Labor Front in the cases of non-agricultural workers; 2. by the Reich Food Administration in the case of agricultural workers. The German Labor Front and the German Food Administration are bound by my directives in the carrying out of their tasks of caring for the workers."
That proves again that only Sauckel was competent for transporting these workers. On the same page I read II.
"Carrying out of Recruitment: la. For the carrying out of recruitment in allied, friendly, or neutral foreign countries, my commissioners are solely responsible. They must, in all cases of political importance, come to an agreement with the Chief of the respective German diplomatic missions, and to this extent are bound by the directives of the chief of the mission or his deputy. The missions chiefs are to be informed of all basic questions of mobilization of 1 bor. Negotiations with foreign agencies and organizations in foreign lands which are of basic importance are to be carried out in agreement with respective Reich representatives or on the basis of their arrangements. Conversations with foreign agencies and organizations on questions of technical execution of the **** 602 tion of recruitment can be carried on by my representatives directly."
This shows that Sauckel was in charge. It shows also, however, that workers in allied, friendly, and neutral coun tries were included in this recruitment. I shall prove that this was a considerable number, so that what Sauckel Said about one mere 200,000 that came voluntarily was a mis statement.
602-a I come now to the next page to IIb. "For the respective recruitment of labor in areas occupied by the Germany, agencies for the mobilization of labor of the German military or civil administration installed in these areas are exclusively responsible.
I retain for myself the right to send special representatives to these agencies from time to time."
This proves that Milch was not responsible.
Then III about three pages later: "Carrying out of the transportation into the Reich." That is Page 59 in the middle of the page. "b, Composition and operation of the transports." I beg your pardon. "A. Basis principles, after recruitment and during the transport into the Reich a correct, faultless, treatment of the workers, male and female, is to be striven, for in order that willingness to work and the trust of those recruited may not be destroyed perhaps already during transport. The workers recruited are us a rule to be taken in collective transports with special trains, or if necessary in group transports, with regular trains.
"b. Composition and operation of the transports. The composition and operations of the transports up to the place of work is the task of my representatives, in the occupied territories of the labor mobilization agencies of the military and civil administration, in the countries in which foreign representatives are to direct the transports up to the fronties, the German recruiting agency must take part in the supervision and care of the transports.
"The chief of the transport must take care that during the transport;
"1. Unconditional order and cleanliness prevail. The necessary hygienic precautions must be assured under all circumstances in each transport and if temporary lodging in a collection camp takes place, in every collection camp.
"2. An overloading of the cars will not take place.
"3. A sufficient number of toilets, also at stops, and in the collection camps, or perhaps latrines, will be at hand.
"4. Masculine and feminine members of the transport will be separated.
"5. Ethnic Germans, as far as possible, till be separated from the foreign 603 a members of the transport.
"6. Prevent friction amongst the various foreign elements of the transport through suitable sheltering."
I skip now to "c, Supply for the transport. The food supply for the industrial workers in transit within the Reich is the duty of the DAF German Workers front, office for labor mobilization. For the rest, my office effect the supply for the transport."
I skip now to the next paragraph: "The assurances of a sufficient and substantial supply of the members of the transport within the sphere of war-conditioned possibilities is of special importance. Special care must therefore be devoted to that question."
"d. Decontamination. As far as the foreign workers originate from areas whence the introduction of contagious diseases must be feared, they must, if necessary, be decontaminated several times." I skip one sentence. "This must take place within the borders of the Reich in transient camps specifically provided for this purpose. While the workers are in decontamination place the workers are to be treated unexceptionally."
Those orders prove, Your Honors, that oven Sauckel wanted to do the best that he could for the transport of these workers. It is not a fact that there was a plan according to which these transports should be carried out in an inhumane manner. On the contrary, the plan existed that they should be carried out with the utmost care.
From the same exhibit number I come to Regulation No. V, Page 63 of the English document book. Regulation No. 5 of the GBA regarding the exclusive competence of the GBA offices to accept contracts for the allocation of labor of 11 July 1924. In allocating workers it must always be kept in mind that manpower is requested at offices outside the administra tion for the allocation of Labor.
THE PRESIDENT: We will recess until 1:30.
(A recess was taken until 1330 hours.)
604-a AFTERNOON SESSION
THE MARSHAL: The Military Tribunal is again in session.
DR. BERGOLD: May it please the Court. Before I continue, I should like to rectify a number of errors. These are errors in the English translation.
I have before me a German report of the meeting of the 27th of January, page 529. In the English translation a very serious mistake has come to light, and I beg the Tribunal to make an order to have that rectified. There, with reference to my Exhibit Number 11, I had spoken the following sentence.
"You will see from this that the question of foreign workers occupies only a relatively small part of the statements of this 53rd meeting", and then everything following is not understandable in the English report.
I should like, therefore, to repeat it.
"Everybody was meditating about the main thing: Have the foreign workers arrived at all or we fooled by Sauckel?"
That appears important.
Then, Your Honors, my assistant has pointed out to me that in the course of the interpretation this morning, the words " voluntary recruitment" had only been translated as "recruitment". The word "voluntary" should have been added. That is a crucial point.
Likewise, the words "digestible nourishment" were only translated as "supplies". "Digestible" had been omitted.