On Page 1, which is Page 40 of your Honors' document book, Sauckel outlines the aims of his labor program.
"The aim of this new, gigantic labor mobilization is to use all the rich and tremendous sources, conquered and secured for us by our fighting armed forces under the leadership of Adolf Hitler, for the armament of the Armed Forces and also for the nutrition of the Homeland. The raw materials as well as the fertility of the conquered territories and their human labor power are to be used completely and conscientiously to the profit of Germany and their allies."
Then we pass over to Page 5, which is Page 43 in your Honors, document book. In the fourth paragraph, the last several lines of that paragraph, " ** should we furthermore be able, also with the help of the party, to use the prisoners of war as well as civilian workmen and women of foreign blood not only without harm to our own people but to the greatest advantage to our war and nutrition industries, then wo will have accomplished the most difficult part of the labor mobilization program."
And also in the first paragraph under "The Task and its Solution" heading, in parenthesis, "(No figures are mentioned because of security reasons. I can assure you, nevertheless, that we are concerned with the greatest labor-problem of all times, especially with regard to figures.)" And at a proper time when we get into the minutes of the Central Planning Board, we will show to your Honors that Sauckel indeed was not exaggerating.
At page 44, which is page 6 and 7 of the German original, I believe about midway down the page starting with 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. Consequently, I immediately tripled the transport program which I found when I took charge of my mission. The main effort of that transport has been advanced into the months of May-June in order to assure in time and under any circumstances the availability of foreign labor power from the occupied territories for an increased production, in view of coming operations of the army, as well as agricultural labor in the sector of the German Nutrition Industry. All prisoners of war, from the territories of the West as well as of the East, actually in Germany, must be completely incorporated into the German armament and nutrition industries. Their production must be brought to the highest possible level. It must be emphasized, however, that an additional tremendous number of foreign labor has to be found for the Reich. The greatest pool for that purpose are the occupied territories of the East. Consequently, it is an immediate necessity to use the human reserves of the conquered Soviet territory to the fullest extent. Should we not succeed in obtaining the necessary amount of labor on a voluntary basis, we must immediately institute conscription or forced labor."
Then turning over to page 11, which is page 49 in your Honors' book at the top of the page:
"Prisoners cf war and Foreign Workers. The complete employment of all prisoners of war as well as the use of a gigantic number of new foreign civilian workers, men and women, has become an undisputable necessity for the solution of the mobilization of labor program in this war. All the men must be fed, sheltered and treated in such a way as to exploit them to the highest possible at the lowest conceivable degree of expenditure. It has always been natural for us Germans to refrain from cruelty and mean chicaneries towards the beaten enemy, even if he has proven himself the most bestial and most implacable adversayr, and to treat him correctly and humanly, even when we expect useful work of him.
As long as the German defense industry didn't make it absolutely necessary, we refrained under any circumstances - -
MR. BERGOLD: May it please your Honors, I have an objection to make. The translation which just came through shows one wrong German word. The sentence in the German language is "All of these people must be fed and given billets, and treated so that they bring out the best work possible at the cheapest commitment." The word "commitment" is different to the word "expenditure". The word "commitment" means in German the cheapest use of human beings as such, but not the saving of expenditure with reference to food, housing, etc. I don't know how it is translated in the English language, unfortunately I cannot check that since I have no English copy of the English copy of the Document bock. I should therefore like to ask at this occasion that an English copy of the Document book be submitted to me which would enable me to check whether the translations into English correspond to the original German. In addition, I should value the English document book, since I could quote passages therefrom which are of importance to me. As the situation is now I can only quote the German pages and it would always be a waste of time for the High Tribunal to look for the English pages. If, however, the English document book were at my disposal, then I could always inform the Tribunal where the particular passage can be found in the English document book. This would facilitate the work of the High Tribunal and also my own work and I would suggest that the Tribunal make an order accordingly.
THE PRESIDENT: Mr. Denny, the purport of Dr. Bergold's request is that he be given an English transiation; given an English copy of the Document. Is that feasible? Can that be done?
MR. DENNY: I see no reason why we can't give them an English copy in addition to the German copy insofar as this particular translation is concerned. It is my impression that this quotation appears in the Opinion of the International Military Tribunal in the first case, paragraph 2 of having to dc with prisoners of war and foreign workers and we can get to- 59 gather with Dr. Berfold and see what happened that the man who translated it, Lt. Gerard Schaeffer, who was formerly had of the Document Room made the mistake in translation.
He was born in Germany and lived here for many years. I just noticed in reading his name, so that the translation may be a matter of argument. I can certify to the court that Lt. Schaeffer was completely conversant with the German language.
THE PRESIDENT: It is possible that two people may disagree. I suggest that we furnish Dr. Bergold with the English translation we are talking about and perhaps the academic argument can be ironed out. If not, the court is willing to hear the matters involved in the dispute. We will reserve that right to Dr. Bergold.
MR DENNY: I will make those copies available to him today. If your Honors please, when I gave the statement about Lt. Schaeffer I was not in any way saying that two people could not disagree. I was merely trying to explain to the court a little about Lt. Schaeffer, whom I happened to know. Continuing to the fourth paragraph on page 49 of your Honors Document Book:
"As long as the German defense industry didn't make it absolutely necessary, we refrained under any circumstances from use of Soviet prisoners of war as well as of civilian workers, men or women, from the Soviet territories. This has now become impossible and the labor power of these people must now be exploited to the greatest extent."
The next document is A-129, which is a letter of April 30, 1942, from SS Obergruppenfuehrer Pohl to Himmler which becomes Document No. 14.
THE PRESIDENT: You mean Exhibit No. 14?
MR. DENNY: I beg your pardon. Exhibit No. 14. It is a report on the inspection of concentration camps. The first list which is given is the concentration camps which were in existence at the outbreak of the war, together with the number of inmates with the added column of the number of inmates currently in those six concentration camps, and turning over to page 2, which is page 53 of your Honors book, paragraph 1, under section 2, on that page:
"The war has brought about a marked change in the structure of the concentration camps and has changed their duties with regard to the employment of the prisoners. The custody of prisoners for the sole reasons of security, education, or prevention is no longer the main consideration. The mobilization of all prisoners who are fit for work, for purposes of the war new, and for purposes of construction in the forthcoming peace, come to the foreground more and more. From this knowledge necessary measures result with the aim to transform the concentration camps into organizations more suitable for the economic tasks, whilst they were formerly merely politically interested. For this reason I have gathered together all the leaders of the former inspectorate of Concentration camps, all Camp-Commanders,and all managers and supervisors of work on the 23rd and 24th April 1942. I have explained personally to them this new development. I have compiled in the order attached the mam essentials which have to be brought into effect with the utmost urgency if the commencement of work for purposes of the armament industry is not to be delayed."
Turning over to page 54, which is Pohl's order which he refers to in his letter, I don't think we need to road all of it. Paragraph 4 of the order on page 54 states:
"The camp-commander alone is responsible for the employment of the labor available. This employment must be, in the true meaning of the word, exhaustive, in order to obtain the greatest measure of performance."
MR. BERGOLD: Incidentally, it is not contained in my document book, Your Honor.
MR. DENNY: If your Honor please, we will withdraw -
THE PRESIDENT: Wait a minute until we clarify.
MR. BERGOLD: Pardon me; I was on the wrong page.
MR. DENNY: Turning then to page 54, the inclosed order of Pohl with his letter paragraph "The camp commander alone is responsible for the employment of the labor available.
This employment must be in the true meaning of the word, exhaustive, in order to obtain the greatest measure of performance Paragraph 5:"There is no limit to working hours.
Their duration depends on the kind of working establishments in the camps and the kind of work to be done. They are fixed by the camp commanders alone."
Paragraph 6:
"Any circumstances which may result in a shortening of work hours such as meals and roll-calls have therefore to be restricted to the minimum which cannot be condensed any more. It is forbidden to allow long walks to the place of working and noon intervals only for eating purposes." Paragraph 8 which appears on page 55 of your Honors' book:
"Much mere than before is required from each and every camp commander if they carry out his orders correctly. Hardly any camp is like any other one, therefore no uniform instructions shall be issued. But the whole responsibility is shifted on to the initiative of the camp commander. He needs a clear professional knowledge of matters military and economic and he must be a clever and wise leader of men, who he has to weld into a big potential of performance."
Those camp commanders who were clever and wise and leaders of men commanded such installations as Dachau, Saxenhausen, Buchenwald and the rest of them listed on the first page. The next document -- we will pass 3044 for the time being and go on to 2241-PS 3 which will have the document number
THE PRESIDENT: Exhibit number, please, instead of document number.
MR. DENNEY: Exhibit No. 15. Turn to page 64 of your Honors document book. This is a SAUCKEL Decree dated. July 20, 1942. On page 64, the last four paragraphs above the bottom of the page he speaks of the conditions under which these forced laborers were transported to Germany.
"according to reports of transportation commanders presented to me, the special trains provided by the German Railway have frequently been in a really deficient condition. Numerous windowpanes have been missing in the coaches. Old French coaches without lavatories have been partly employed, so that the workers had to fit up an emptied compartment as a lavatory. In other cases the coaches were not heated in winter so that the lavatories quickly became unusable because the water system was frozen and the flushing apparatus was therefore without water." We will also pass at this time 3044 APS and the next document bearing Exhibit No. 16 will be 654-PS which are notes and discussion with Himmler concerning delivery of Jews to Himmler for extermination through work.
This was prepared by one Theurer. Page 1, paragraph "b" states;
"The Reich Minister for Justice will decide whether and when special treatment at the hands of the police is to be applied."
I call your Honors' attention to the fact that "special treatment" is defined as hanging in the earlier documents. Paragraph 2 on the same page:
"The delivery of anti-social elements from the execution of their sentence to the Reich Fuehrer of SS to be worked to death. Persons under protective arrest, Jews, Gypsies, Russians and Ukrainians, Poles with more than three-year sentences, Czechs and Germans with more than eight-year sentences, according to the decision of the Reich Minister for Justice. First of all the worst anti-social elements amongst those just mentioned are to be handed over. I shall inform the Fuehrer of this through Reichsleiter Bormann."
Turning over to page 62 at the bottom of the page, paragraph 14: "It is agreed that in consideration of the intended aims of the Government for the clearing up of the Eastern problems, in future Jews, Poles, Gypsies, Russians, Ukrainians are no longer to be judged by the ordinary courts, so far as punishable offenses are concerned, but they are to be dealt with by the Reich Fuehrer of SS. This does not apply to civil lawsuits nor to Poles whose names are announced or entered in the German racial lists."
We shall have to pass over 084-PS at this time and we shall introduce Document 1903-PS which bears Exhibit No. 17. This is a Hitler decree and extension of the authority of the Deputy General for Labor dated 30 September 1942:
"I hereby authorize the Deputy General for the Arbeitscinsatz, Gauleiter Sauckel to take all necessary measures for the enforcement of my decree referring to a Deputy General for the Arbeitseinsatz of 21 March 1942 which Hitler promulgated and which made Sauckel the Plenipotentiary General for Labor that was the original decree according to his own judgment in the Greater German Reich, in the Protectorate, and in the Government General of Poland as well as in the occupied territories, measures which will safeguard under all circumstances the regulated deployment of labor for the German war economy. For this purpose he may appoint commissioners to the bureaus of the military and civilian administration. These are subordinated directly to Deputy General for the Arbeitseinsatz. In order to carry out their tasks. They are entitled to issue directives to the competent military and civilian authorities in charge of the Arbeitseinsatz and of wage policy." More detailed directives will be issued by the Deputy General for the Arbeintseinsatz.
That, of course, is the same as the General Plenipotentiary for Labor. The next document is 017-PS bearing Exhibit No. 18 which is a letter of October 5, 1942, from Sauckel, General Plenipotentiary for Labor to the Reichs Minister for the Easter Occupied Territories having to do with foreign labor. Paragraph 1:
"The Fuehrer has worked out new and most urgent plans for the armament which require the quick mobilization of two more million foreign labor forces. The Fuehrer therefore has granted me; for the execution of my decree of 21 March 1942; new powers for my new duties; and has especially authorized me to take whatever measures I think are necessary in the Reich; the Protectorate; the General Government; as well as in the occupied territories; in order to assure at all costs an orderly mobilization of labor for the German armament Industry. The additional required labor forces will have to be drafted for the majority from the recently occupied eastern territories especially from the Reichskommisariat Ukraine. Therefore the Reichskomissariat Ukraine must furnish 225,000 labor forces by 31 December 1942 and 225;000 more by 1 May 1943" I believe that on your Honors' paper it says 1942 but that is a misprint and should be 1943. The second to the last paragraph:
"Right now though; I ask that the procurement be taken up at once with every possible pressure and the commitment of all powers especially also of the experts of the labor offices. All the directives which had limited temporarily the procurement of Eastern laborers are annulled. The Reichs procurement for the next months must be given priority over all other measures. I do not ignore the difficulties which exist for the execution of this new requirement; but I am convinced that with the ruthless commitment of all resources; and with the full cooperation of all those interested; the execution of the new demands can be accomplished for the fixed date. I have already communicated the new demands to the Reichskommissar Ukraine via mail."
MR. BERGOLD: Once again here the translation is not quite correct and if you don't mind I would like to discuss this document with you, sir.
MR. DENNEY: We will certainly agree to that; your Honor. We will take all of those up before the Court today and see if we can thrash them out. The next document is 054-PS which is a report to the Reich Minister for the Occupied Eastern Territories concerning the treatment of Ukrainian specialists.
This will bear Exhibit No. 19.
MR. BERGOLD: Of this document the first page is missing. The first page and there are several more pages missing in the end.
MR. DENNY: If your Honor please, Dr. Bergold has the pages which I intend to read from, so with your Honor's permission I'd like to read them. On the first page is a letter from a lieutenant in the German Army, speaking about the treatment of Ukrainian specialists and he has certain enclosures with it. And if Dr. Bergold has no objection, I am not going to read anything from that page, and I will see that he is furnished with it at the close of the day's hearing.
DR. BERGOLD: No objection.
MR. DENNY: This is a report to the Commander of the Army Sector B, Section VII. The subject is "abuses in the treatment of Ukrainian skilled workers." The page concerned of Your Honor's Document Book is 86. The man writing it is the Commandant of the Collecting Center for Skilled Workers.
The bottom half of the page in question, page 86, page 2 of the Document Book:
"The starosts village elders are frequently corruptible, they continue to have the skilled workers, whom they drafted, dragged from their beds at night to be locked up in cellars until they are shipped. Since the male and female workers often are not given any time to pack their luggage, etc., many skilled workers arrive at the Collecting Center for Skilled Workers with equipment entirely insufficient (without shoes, only two dresses, no eating and drinking utensils, no blankets. etc.). In particularly extreme cases, new arrivals therefore have to be sent back again immediately to get the things most necessary for them. If people do not come along at once, the threatening and beating of skilled workers by the above-mentioned militia is a daily occurrence and is reported from most of the communities. In some cases, women were beaten until they could no longer march. One bad case, in particular, was reported by me to the commander of the civil police here (Colonel Samek) for severe punishment (Place Sozolinkow, district Dergatschi). The encreachments of the starosts and the militia are of a particularly grave nature because they usually justify themselves by claming that all that is done in the name of the German Armed Forces.
In reality, the latter have conducted themselves almost throughout in a highly understanding manner toward the skilled workers and the Ukrainian population. The same, however, cannot be said of some of the administrative agencies. To illustrate this, be it mentioned that a woman once arrived being dressed with barely more than a skirt.
"Particularly distressing is the fact that on account of issued ordinances to prevent smuggling all food acquired by the skilled workers and the rest of the population by buying or bartering household utensils etc. is being taken away by the militia on the way. This is not rarely accompanied by beatings (without regard to objections or given circumstances)."
And turning over to Page 87, dropping down to the paragraph in the middle of the page;
"Very depressing for the miracle of the skilled workers and the population is the effect of those persons slipped back from Germany for having became disabled or not having been fit for labor commitment from the very beginning. Several times already, transports of skilled workers on their way to Germany have crossed returning transports of such disabled persons and have steed on the tracks alongside of each other for a long period of time. These returning transports are insufficiently cared for. Nothing but sick, injured or weak people, mostly 50 to 60 to a car, usually escorted by 3 to 4 men. There is neither sufficient care or food. The returnees made frequently unfavorable--but surely exaggerated --statements relative to their treatment in Germany and on the way. As a result of all this and of what the people could see with their own eyes, a psychosis of fear was evoked among the specialist workers, the whole transport to Germany.
Several transport leaders--of the 62nd and the 63rd in particular--reported hereto in detail. In one case, the leader of the transport of skilled workers observing with his own eyes how a person who died of hanger was unloaded from a returning transport on the side track. (1st Lt. Hofmann of the 63rd transport, Station Darniza). Another time it was reported that three dead had to be deposited by the side of the tracks on the way and had to be left behind unburied by the escort. It is also regrettable that these disabled persons arrived here without any identification. According to the reports of the transport commanders one gets the impression that these persons unable to work are assembled, penned into the wagons and are sent off, provided only by a few men escorts, and without special care for food and medical or other attendance. The Labor Office at the place of arrival, as well as the transport commanders, confirm this impression."
Turning now to Page 88, the last few lines of the first paragraph:
"The chief of transportation in Romodan stated to a transport commander that these transports are not important. Yet the Fuehrer himself ordered these transports and the problem of work power was declared to be the most important and urgent in order to increase the potential of armament."
Then the last half of the next paragraph, beginning, with the words "the attitude" which is in the middle of the paragraph:
"The attitude and behavior of many female Red Cross workers toward the specialists is based often on uncomprehension of the Fuehrer's great action in regard to Eastern workers; and they treat especially the female workers in an outrageous manner. Food also has been refused at times with the reference that these were 'Russian swine'. Nobody pays attention to the fact that these are Ukrainians because there is a lack of information to that effect.
69a In reference to this, attention is called to the fact that it has happened on several occasions that people have broken out of the cars after several days of hungering, hurried into the nearby villages, sold their goods and acquired food.
In such cases, of course, it is not to be expected that they all have come back. Such gross incidents of the transports of the first months have not, to our knowledge, been repeated in the summer. However, it has been reported that about 500 workers escaped along the route out of a transport which started from Kiev, accompanied by only a few policemen, supposedly five in all, (and without medical personnel) and which convoy was badly supplied and taken care of."
Then the last sentence of the last paragraph on the page:
"On the basis of reported incidents, attention must be called to the fact that it is irresponsible to keep the workers locked in the cars for many hours so that they cannot even take care of the calls of nature. It is evident that the people of a transport must be given an opportunity, from time to time, in order to get drinking water, to wash, and in order to relieve themselves. Cars have been showed in which people had made holes so that they could take care of the calls of nature. " Then at the top of the next page, which is Page 89 in Your Honors' book, on treatment of these workers en route:
"The following abuses were reported from the delousing stations:
"In the women's and girls' shower rooms, services were partly performed by men, or men would mingle around or even help with the soaping; and vice versa, there was female personnel in the men's shower rooms; men also for some time were taking photographs in the women's shower rooms. Since mainly Ukrainian peasants were transported in the last months, as far as the female portion of these are concerned, they are mostly of a high moral standard and used to strict decency, they must have considered such a treatment as a national degradation."
Then speaking of abuses inside Germany, the second paragraph under Roman numeral three:
"Here too, unfortunately voices are heard that tell of bad treatment in the collection as well as other camps. All the time do people tell about beatings and thrashings, but constantly also do they write about them. It seems that especially those men who have functions pertaining to order and security violate sometimes very much the limits of admissibility and identify the Ukrainians as Bolshovism, while they have actually for decades opposed themselves to Bolshevism as its natural enemies. The camp commanders also usually show no understanding for the Ukrainians. The treatment in the camps is described as being bad and very brutal."
Dr. Bergold, do you have a letter which then comes, which was dated 27 April 1942? You didn't?
DR. BERGOLD: No.
MR. DENNEY: All right. The letter is also part of the document and we will not read it at this time because Dr. Bergold doesn't have a copy.
THE PRESIDENT: This seems to be a good time to recess, Mr. Denney, until one thirty.
DR. BERGOLD: One moment. May it please Your Honors, I have a request. Very early after I became a counsel, I asked that all these documents of the Central planning Board, be put at my disposal. I have to look through all these documents because I know that I will be able to find exonerating documents which will help with the defense. Unfortunately, these documents have not been put at my disposal yet, although I haven't inquired at the Information Center concerning these documents. At this present trial, only very little time is given to me as a counsel. I must see to it myself to get these documents as soon as possible so that I can use them. Without the help of the prosecution, however, I cannot receive these documents and I'd appreciate it very much that the Tribunal will rule that all the documents of the Central Planning Board, be put at my disposal as soon as possible so that I can prepare the defense in time.
MR. DENNEY: If your Honor please, I made the statement this morning that all of the documents of the Central Planning Board had been made available. Now the statement may be wrongs it was not intentionally wrong. Dr. Bergold made a request and I approved that all the Central planning Board minutes which we had should be given to him, withholding nothing. I have asked Mr. Blakeslee and he states that all of them which we have, have been made available to him. Now, I can check this afternoon and find out. It's certainly been our intention to give him everything that we do have, so far as Central Planning Board is concerned, and this is the first that I have been advised that he doesn't have.
THE PRESIDENT: Dr. Bergold, have you received any of the documents of the Central planning Board?
DR. BERGOLD: No,Your Honor. I have often requested them from the Information Center of the defense counsels and was always repeatedly told by Lt. Garrett that they were not to be found or that they do not exist. I repeatedly applied for them but couldn't get them--apparently, because of a mistake.
MR. DENNY: If Your Honor please, it's the first time that I have heard about it. I assumed that when the request came through and I told them to give it to him, he would get them, but I am sorry it's happened and I will certainly do everything; I can to see that he does get them. As I say, they aren't in my custody; they are in the custody of the document room. But it's certainly my responsibility that he doesn't have them.
THE PRESIDENT: At least the facts can be ascertained.
You can find out what documents you do have and you will be sure of course that whatever they are Dr. Bergold will be given a chance to see them.
MR. DENNEY: Most certainly, Your Honor, we will make copies available that he can have of his own.
THE PRESIDENT: Let's have that done and then we will cross the next bridge, if there is one. If there are further documents, why we will hear Dr. Bergold on that.
MR. DENNEY: I am extremely sorry that it happened and as I said, this is the first time I hear about it.
THE PRESIDENT: The Court will recess until one thirty.
AFTERNOON SESSION The court reconvened at 1330 hours, 3 January 1947.
MARSHAL: The Tribunal is again in session.
MR. DENNEY: If your Honors please, during the noon hour I inquired into the situation concerning the Central planning Board minutes and the procedure which is followed after an application is made. I am informed that once the application is made through the General Secretary it then comes to us through Liaison OfficerRaugust that if we approve it, which I did, then we return it to the General Secretary's office and thereafter the matter is out of our hands.
THE PRESIDENT: Whose move is it then, after you return it to the General Secretary?
MR. DENNEY: From that I don't know. Mr. Conway will be in later this afternoon. I asked him to check up and find out but went beyond that so he could tell me so we could advise your Honors. I want to make sure the Court will understand we have not tried to keep anything from Dr. Bergold.
THE PRESIDENT: I don't think anyone suggests that, not even Dr. Bergold. It is just a mechanical matter. You do have the papers he wants, some of them?
MR. DENNEY: The do not have all the minutes of the Central Planning Board. All we have are some of them. Certainly everything we have is available to him or should be available to him.
At the end of Court this afternoon or tomorrow morning I will see that Dr. Bergold gets them.
THE PRESIDENT: This will work out satisfactorily, I am sure.
MR. DENNEY: The last document, I believe, was Exhibit No. 19, which was Document 054-FS. At this time I would like to pass 294-PS. Turn to page 3 of the Index to Document L-61 which will become Exhibit No. 20. This is a letter from Sauckel, dated November 26, 1942, concerning the employment of Jews and exchange of Jews in essential employment against Polish labor.
"In agreement with the Chief of the Security Police and. the SD" -If your Honors please, as you know that is Sicherheits Dienst. "Jews who are still in employment are, from now on, to be evacuated from the territory of the Reich and are to be replaced by Poles, who are being deported from the General Government.
The Chief of the Security Police advised us under the date of 26 October 1942 that it is anticipated that during the month of November the evacuation of Poles in the Lublin district will begin, in order to make room there for the settlement of persons of German race.
The Poles who are to be evacuated as a result of this measure will be put into concentration camps and put to work where they are criminal or asocial elements. The remaining Poles, where they are suitable for labor, will be transported. - without family - into the Reich, particularly to Berlin; there they will be put at the disposal of the labor allocation offices to work in armament factories instead of the Jews who are to be replaced.