Furthermore bandit positions and sentries we re confirmed on the heights 270 (Glavica) and 384.
On the basis of these findings the local partisans from the village of Knesic were asked to build road blocks in the evening of 12 October 1943 and to bring their arms along. They enthusiastically responded to this request but without weapons. Hereupon they were shot at a distance from the village. In spite of searches no weapons were seized because the hiding places are very well made (probably underneath stones, etc.) A total of 19 (nineteen) bandits from the village were shot.
I abstained from advancing in to the villages of Goris - Labori as well as Brnjica of Sv. Ivan (Konjevrate).
The squad returned at 2000 hrs on 12 December 1943 to the strongpoint at Slavica.
Next on page 6 of the English, page 5 of the German, the report To 2nd Panzer Army Ic/Counter Intelligence, dated 14 October 1943:
Daily Report 14 October:
114th Jaeger Division Strong bands around Gospic.
Croatian units yielded Bilaj (Southeast of Gospic) on account of enemy Artillery fire (crosses out: on account of enemy pressure). According to prisoners' statements, on 10 October a band 2000 strong (presumably North Dalmatian Division) crosses over by ship from Razanac to Stari Grad (20 km and 28 km Northeast of Zara). Strong band with truck 22 km Northwest of Drnis. During mopping Southeast of Sibenik 30 enemy dead.
Then under that section of the report, 15th Army Corps, 2nd Panzer Army which deals with 373rd Infantry Division:
122 counted and 360 estimated enemy dead, 3 prisoners, 42 arrests Reprisal measures: 7 hostages arrested, 2 villages burned down.
Next is the Daily report from the XVth Mountain Corps, to the 2nd Panzer Army for 16 October 1943, on page 8 of the English, page 6 of the German, that section of the report which reads as follows:
369th Infantry Division and IInd Croatian Corps:
Enemy was unable to prevent us from bringing strong forces to Travnik (in course of this a band 500 men strong was repelled Northwest of Vitez partly in close combat), but attacked Travnik in spite of this during the night with Artillery and Panzer support.
20 arrestees were hanged for attempting to blow up the railway (near Metkovic).
Signed: XVth Mountain Corps, Page 9 of the English, and page 8 of the German, Document NOKW 1747, which is offered as Prosecution Exhibit 559.
This is an order from the Commander in Chief of the 2nd Panzer Army to the Commanding General of the XV Mountain Corps.
"I agree with the measures taken. In case of capture the three escaped officers are to be shot dead."
The order is signed Rendulic.
DR. VON TAGWITZ: (Attorney for defendant Rendulic):
Your Honor, I would like to interrupt hero on principle to object on the following grounds: In my opinion there has to be a border line, that is, a border line according to which documents, which belong together, should be submitted under one exhibit number together and presented that way; the document which has just been presented, Exhibit 559, NOW 1747, consists as we can see here, of only one page, and thus is not incomprehensible only in itself but it becomes apart of the section where it belongs, and it belongs to a document which has already been submitted, and that is, NOKW 1242, Exhibit 328 that is contained in Document Book XIII, and I move this document NOKW 1747 not to he admitted as Exhibit 559, But instead it be incorporated as a page of Exhibit 328, NOKW 1242, contained in Document Book XIII.
MR FENSTERMACHER: If Your Honor pleases, this particular document was only received from Washington last week. We put it in here and I think it speaks for itself.
PRESIDING JUDGE BURKE: Is it a part of the document which has previously been admitted by the Tribunal under another exhibit number?
MR. FENSTERMACHER: That I don't know; I only had the same information that was given by Dr. Tagwitz just now.
PRESIDING JUDGE BURKE: For the reasons heretofore assigned by the Tribunal it will be admitted. The objection is over-ruled.
MR. FENSTERMACHER: Next on page 10 of the English, page 9 of the German Document Book NOKW 1784, which is offered as Prosecution Exhibit 560. This is a report from the 22nd Infantry Division, dated Division Staff 20 October 1943; this is a situation report to the Commandant of the Crete Fortress. I think we need not read much of this report into the record at this time. I call Your Honors attention to sub-paragraph c, Intelligence Situation, which is on page 12 of the English, and page 10 of the German.
c) Intelligence Situation:
3 cases of cable sabotage were reported, in the report period; of these, 2 in upper Rethimnon sector where it was a matter of a repetition. In the Eastern upper Sector the telephone line of Lazida was out by the means of a cloud trust. It is supposed that the sabotage there was carried out by Italian soldiers.
A total of 5 Italian officers and 18 men who tried to resist when arrested when captured in a raid action in the mountains. The officers were shot by sentence of a court-martial; the soldiers were evacuated as prisoners of war.
The report is signed on page 13 of the English, page 11 of the German: "For the Division Headquarters, the first General Staff Officer."
Next, on page 14 of the English, page 12 of the German, Document NOKW-1796 which is offered as Prosecution exhibit 561. These are various extracts from the far Diary of the 15th Mountain Corps and, as is indicated on the first page of the document "the 15th Mountain Corps was subordinate from 26 August 1943 until further notice to the 2nd Panzer Army."
On page 15 of the English and page 12 of the German under the entry in the War Diary for the 22nd of October 1943:
"Banja Luka: Lieutenant General Infantry von Leyser (now Commanding General) arrived."
And then under the entry for the 23rd of October, 1943:
"Banja Luka: The Germany Ambassador in Zagreb, SA Obergruppenfuehrer Kasche, Croatian Minister of the Interior Lorkovic and Croatian Minister for the Devastates Territories Dr. Alajbogovic for conference at headquarters.
Present: Lt. General Infantry von Leyser, Chief of the General Staff Chief of the Civil Administration with the XV Mtn. Corps, Dr. Benak."
And then the entry for the 23rd of October 1943, Banja Luka, continuation:
"In case of increase in tension of the situation, Lieutenant General Inf. von Leyser demands unilateral, concise executive authority, which was confirmed to him on the part of the Ministers (draft of the Law of the XV Mtn. Corps Adm. No. 154/43 Secret of 29 Oct. 43).
Next the entry in the Mar Diary for the 27th of October 1943:
"Banja Luka: Lt. Gen. von Leyser flies to Sink-Split. Farewell evening of Commanding General Lueters."
Entry for the 26th of October 1943, Banja Luka:
"Return of the Commanding General from Sinj-Split because of the weather situation not possible.
Transfer of command General Lueters General von Leyser delayed accordingly."
Finally, the entry of November 1, 1943, "Turning over the headquarters to Liuetenant General Infantry von Leyser by Lieutenant General Infantry Lueters."
If your Honors will make note of that date, 1 November 1943, as the date when the defendant Leyser took over command of the 15th Mountain Corps -- the war diary which is enclosed on 31 December 1943 is signed in his own hand by the Commanding General of the 1.5th Mountain Corps, "Lieutenant General Infantry von Leyser."
Next document NOKW-1754 has already been introduced in evidence so we do not offer it. We turn instead to page 25 of the English, page 21 of the German document book, NOKW-1746, which is offered as Prosecution exhibit 562.
DR. GAWLIK (Counsel for defendant Dehner): Your Honors, I ask you not to admit the document 1746 because this document has no probative value. It is not relevant and for the following reasons:
The document originates from the 187th Reserve Division and is addressed to the Commanding General of the 69th Reserve Corps. This is merely a proposal which the 187th Reserve Division made and I draw the attention of the Tribunal to the first sentence and that is: "The Division suggests." It is not quite relevant what somebody else suggests. The only decisive point is what the Commanding General of the 69th Corps did subsequently and that, unfortunately, we do not have here.
PRESIDING JUDGE BURKE: It should be a comparatively simple matter for defense counsel at an appropriate time to point out the deficiency as shown by the offered exhibit and if a portion of the document is not available to you, it should be made available to you at the appropriate time also.
MR. FENSTERMACHER: Page 25 of the English, page 21 of the German, from the 187th Reserve Division, dated "Staff Headquarters 1 November 1943", "Subject:
Application for transfer of a reinforced battalion of 367th Infantry Division to Dubrava", and the application is sent to "Corps Headquarters 69th Reserve Corps", which on this date, 1 November 1943, was commanded by the defendant Dehner.
I call your Honors' attention only to the reference in the middle of the page, 25 of the English, 21 of the German, to:
"Communist brigades have begun to transfer from the Moslavine into the Kalnik Mountains and vice versa via Dubrava. The attack with about 5000 men on Xv. Ivan Zabno on 21 September during which the police headquarters were destroyed by direct artillery hits started from there. Numerous blastings of the railroad line Krizevci-Bjelovar and Dugo Sel-Ivanic Grad were carried out from Dubrava."
I call your Honors' attention only to the final paragraph of the application which is on page 26 of the English, page 21 of the German:
"The population of the villages around Dubrava are up to 80% house partisans. Large scale seizure of hostages by a fairly large operation is necessary."
"Signed in draft: Brauner, Major General."
Next on page 27 of the English and page 22 of the German Document Book is NOKW-1808 which is offered as Prosecution Exhibit 543.
PRESIDING JUDGE BURKE: I think you are in error. That number should be 563, should it not?
MR. FENSTERMACHER: I beg your pardon, your Honor?
PRESIDING JUDGE BURKE: Isn't that Exhibit No. 563?
MR. FENSTERMACHER: That is what I thought I said, your Honor.
PRESIDING JUDGE BURKE: We understood you to say "543".
MR. FENSTERMACHER: I am sorry, your Honors. It should be Exhibit No. 563.
This, if Your Honors please, is a military identification card of Miles Uzelac of the National Liberation Army, Croatia.
It gives his name, date of birth, place of birth, rank and profession, as well as the unit or organization to which he belonged, Staff of the 19th S.D. (North Dalmatian) Division of the N.O.V. (National Liberation Army) Yugoslavia. It also lists the personal characteristics of the man, his identification number -- he entered the National Liberation Army 27 July 1941.
Your Honors will note the date at the bottom of the document, 24 November 1943 and on the final page of the document; which is 28 of the English and page 22 of the German, is the stamp of the 19th North Dalmatian Division, National Liberation Amy Croatia, signed: "Kommandant Lieutenant Colonel Kupresanin."
Signed: "Political Commissar: Petar Babic."
Turning now to page 29 of the English, 24 of the German -
THE PRESIDENT: Before you get to that, where is this to be inserted?
MR. FENSTERMACHER: That's the photograph, your Honors, which accompanies, which is NOKW-1808 and it should be inserted at page 27 of the English Document Book.
THE PRESIDENT: All right.
MR. FENSTERMACHER: Next, on page 29 of the English, 24 of the German, NOKW-1752, which is offered as Prosecution Exhibit 564. This is an order of the Military Commander Southeast to a subordinate unit, the administrative sub-area headquarters 610. The order Appears in the bar Diary of the Military Commander Southeast under the entry for the 1st of December, 1943. Your Honors will recall that at this time the Military Commander Southeast is General Felber as Chief of Staff of the defendant Geitner. I call your Honors' attention only to the final 4 lines of the document which is on page 30 of the English, page 24 of the German;
"610th Administrative sub-area headquarters receives a teletype to shoot 10 Communist reprisal prisoners in retaliation for the murder of the Mayor of Lemmica on 15 November 1943".That is on page 31 of the English.
PRESIDING JUDGE BURKE: At this point, Mr. Fenstermacher, we will recess until one--thirty this afternoon.
THE MARSHAL: The Court will recess until one-thirty this afternoon.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 22 May 1947)
THE MARSHAL: The Tribunal is again in session.
PRESIDING JUDGE BURKE: The Tribunal is prepared at this time to dispose of the matter of the application of the defendants for recess at the conclusion of today's session.
The application of the defendants for a four weeks recess has received the very serious consideration of this Tribunal. We desire to afford the defendants every reasonable opportunity to present all evidence favorable to the defendants. On the other hand, unnecessary delay must be avoided.
It appears that the principal impediment to an immediate presentation of the defense is the failure of the prosecution to have present the documents and war diaries which have heretofore occupied the attention of this Tribunal. The uncertainty of the time of their production, if they are to be produced at all, does appear to be an uncertainty which troubles the Tribunal as well as the defense. On the other hand, these defendants have a general knowledge of the contents of these documents. Defendants either prepared them, were responsible for their preparation or had notice of their contents, otherwise they have no probative value. Anything contained in these documents and diaries, if favorable to the defendants, can only be corroborative of the knowledge that the defendants already have. Under such a situation, it is not essential that these documents and diaries be in the court room at the commencement of the defense. If the defendants know that these diaries and documents contained evidence in support of their defense, they should, of course, have made application for their production long ago. Their production under the rule announced by the Tribunal is for the purpose of determining the meaning of the portions offered is in no way changed when the document or diary is considered as a whole.
It's purpose is more in the nature of impeachment and an attack on the credibility of the prosecution's evidence than defensive in the strict sense.
The prosecution is obligated to comply with the order to produce the documents and diaries in accordance with the previous ruling of this court at as early a date as possible in order to escape the alternative therein stated. We do not hereby intend to recede from the effect of that order.
We do feel, however, that the defense should be prepared to present its opening statements on September 12, 1947 at 9:30 a.m. and with the presentation of evidence of September 15, 1947 at 9:30 a.m. This order is subject to the consideration of any changed conditions which may arise subsequent to this date.
You may proceed.
MR. DENNEY: Kay it please your Honors, with reference to Exhibit 525, which was the certificate of General Taylor dated 22 August with the attachments, which is the last document in Book XXIII, if that could be paginated from 90 to 97 inclusive -- that's exhibit 525, Book XXIII pages 90 to 97 inclusive --- and then 525 which is the insert which was given to the Court this morning -- then we get on to pages 98 and 99. That disposes of it with reference to the Greek report, your Honors. I find that we have already inserted at the close of Document Book XXI Exhibit 493 which is the usual insertion for identification at the close of the document books and, in view of the tickness of the Greek report, I was wondering if the Tribunal would find it convenient to just out it in an evelope which we will be glad to furnish if the Tribunal doesn't have them.
PRESIDING JUDGE BURKE: The Tribunal sees no objection to that procedure.
MR. DENNEY: That will be fine, your Honor, and then if we just label it, "The Greek Documents" and carry it along with Book XXI -- and in that list of Greek documents will be Exhibit 4991 which is the letter with reference to the concentration camp Chaidari, Exhibit 4992 which is an affidavit of 5 May 1945, Exhibit 4993 which is the report of the findings of a Greek Tribunal of 3 December 1946, Exhibit 4994 which is the sound -- that is withdrawn -- which is the list of subtitles of the Creek film, 4995 which is the certificate of Dimitrios Kosapoulas, and 4996 which is an affidavit; and then we won't have to bother to paginate those.
MR. DENNEY: In connection with the statement made by Dr. Fritsch, counsel for defendant Rendulic, this morning concerning the 1942 publication, "Directions for Combating Bands in the East," I have here a photostatic copy of it I now hand to the associate counsel for defendant Rendulic.
If Your Honors, please, that I believe takes care of the outstanding questions with reference to the document, except for Mr. Fenstermacher's conclusion of this book.
JUDGE BURKE: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Prior to the luncheon recess, we had concluded NOKW-1752, which was admitted in evidence as Exhibit 564, and we turn now to page 31 of the English and page 25 of the German, NOKW-1753, which is offered as Prosecution Exhibit 565. This is a report from the Military Commander Southeast, dated 1 December 1943. Your Honor will recall at that time General Felber was Military Commander Southeast, and the defendant Geitner his Chief of Staff. The report is a Daily Report for 1 December 1943, and is sent to Army Group F, commanded at that time by the defendant Weichs, Chief of Staff of the Defendant Foertsch.
In the section of the report dealing with defense in Serbia, I call your Honors' attention only to the last paragraph of the report:
"In retaliation for an attack on the train Negotin-Nisch (See Daily Report for 27th October) 27 Communists reprisal prisoners were shot."
This report is signed "Military Commander Southeast.
Page 33 of the English, page 26 of the German, NOKW-1766, is offered as Prosecution Exhibit 566. These are reports from the Plenipotentiary of the Reichsfuehrer SS for Croatia. First is a Situation Report for the month of December 1943, which is dated "Local Headquarters 4 January 1944", Your Honors will recall the commander of the German troops in Croatia at this time was the defendant Rendulic.
..... Situation Report for the month-December 1743 An over-all view of the band situation in the Command area especially stressing the existing centers of bands.
. . . . .
The morale among the individual groups of bands differs. In areas which they have conquered and which they have been able to maintain, the positive morale has been essentially preserved. In these areas too propaganda activity (meetings, leaflets) has developed in a lively way. A propaganda directed against the new orientation of the Draja Minajlovic movement (compare Enclosure 3) has come to the fore. Organization, as far as the administration of the so-called liberated area is concerned, has made further progress by the establishing of Gendarmerie posts, law courts, post offices and railway service. It appears important to the bands to establish a well functioning communications and postal traffic (compare Enclosure "). In areas where attacks by bands on towns and villages have miscarried, (Virovitica, Djahovo, Slatina and Gorjani) the bandits are in a comparatively depressed mood.
An intensification of the Communist propaganda is especially conspicuous since the establishing of the Provisional Government of Tito - headquarters in Siprage 30 kilometers northeast of Jajee - became known. The efforts of the bandits to give to their combattants practical instructions for the conducting of the fight of liberation of the people has become especially apparent.
. . . . .
I think we may skip the last portion of this document, and pick up on page 34 of the English and page 27 of the German at the bottom "Total Losses for the last month": Your Honors will notice the totals under "Own Losses", - 451 Fallen in Combat; 548 Wounded; 619 Missing, 14 prisoners.
.....Enemy Losses:
The enemy losses for the period covered by the communique were reported as 696 counted dead and 1423 estimated dead, 147 prisoners were brought in and 2 hostages executed.
. . . . .
Police Area V (Zagreb) On 28 November 43 the Gendarmerie, District Cazna A 808 was attacked by strong forces of bandits.
During the relief attempt made by the 3./P.G.V. it was obvious that the bandits no longer content themselves with small local actions but that they want to achieve great successes for the prestige which these would yield. The bandits appear with strong forces (8000 to 10000 men) they are well equipped and have ammunition in abundance. In view of this situation one can no longer speak of a war of Partisans in the ordinary sense. The combats fought here are combats against a regular enemy militia which is uniformed and has good arms at its disposal. The leadership too is in the hands of military experts. During these combats it can also be seen that the forces of the country participate with interest and enthusiasm, but that the majority of the Croatian Wehrmacht however is unreliable.
. . . . .
In the month of December the village Lug A 519 was attacked and fired upon several times by strong forces of bandits, aided in part by tanks and artillery. On the 20 December there was also an attack on the Gendarmerie district Samober A 519.
From the attacks on both villages mentioned above the intention of the bandits of cutting off Zagreb according to plan, from the frontier of the Reich, in order to cut its supplies can be recognized.
There is no doubt that all those operations of bandits are directed from a central office.
4.) Special experiences or information on the subject of banditry.
We refer to the general part of the report. In the course of our own operations it was found that all essential operations of the bandits were synchronized and directed from a central office. As in the previous month they preferred attacks on larger towns and carters of economy which were carried out with considerable forces, as a rule with 3 to 5 Brigades of bands, that is, with 2 to 6000 bandits. Hereby it was found that the most powerful units of bands were used tactically in a very clever fashion to ward off relief troops.
In addition to the usual road blockades, barricades and fortified field positions the bandits have recently also laid mine blockades mainly with the purpose of preventing the use of patrol cars and tanks.
. . . . .
Then the report is signed "Kammerhofer" Gruppen and Major General at the Police. He was plenipotentiary of tho Reichsfuehrer SS for Croatia.
At the bottom of page 37 of the English and page 29 of tho German is another Situation Report from the same man, Kammerhofer, Plenipotentiary of the Reichsiuehrer SS for Croatia, Situation Report for the month of January 1944.
..... Among the bands a certain combat weariness seem to be visible less on account of the influence of the weather but more on account of the lack of success which the bands themselves expected. The reconstruction in administrative and economic affairs plan ned together with the reconstruction of the Communist party and an enlarging of general propaganda in the band area has made certain progress, however, the reconstruction is evidently too much in its infancy to determine already especially favorable effects for the bands.
The terrorizing of the population continues. A strongly intimidating effect eminates from the intelligence service of the bandits which serves the special purpose of reaching all adversaries of the bands in order to deliver them to the bandit courts when the band units arrive. It is remarkable that with the existence of such commissions for the liberation of the people, such courts are organized the activities and competency of which are codified in a species of judicial organization.
. . . . .
I think we need not read the remainder of this report at this time, Your Honor, except for pointing out on Page 40 of the English, page 30 of the German, under "Total Losses of the Last Month", under"Own Losses", -- this is on page 40, -- 517 fallen in combat; 626 Wounded; 647 Missing; 17 Prisoners.
Under "Enemy Losses":
"The enemy losses during the period covered by the communique were reported as 946 counted and 140 estimated dead, 400 prisoners were captured and 4 hostages executed."
Then page 42 of the English and page 31 of the German, the last paragraph of the report, Paragraph 5, Sub-paragraph b), "Persons transferred for work separated according to sex:
The following were transferred to the offices of the German Plenipotentiary for the utilization of labor:
Men: 47 Women:
20 In All:
67."
This report is also signed "Kammerhofer, SS-Gruppenfuehrer and Major General of the Police."
On page 43 of tho English, page 33 of the German, is another Situation Report of the plenipotentiary Reichsfuehrer SS for Croatia for the month of April 1944.
Under Total Losses of the last month, "Own losses," 710 fallen in combat; 855 wounded; 678 missing, 22 prisoners.
"Enemy losses:
The enemy losses for the period covered the communique are reported as being 619 counted and 450 estimated dead, 270 prisoners were captured, 69 hostages were executed," On the last page under "Police Area V (Zagreb)", Sub-Paragraph B) .....Police Area V _(Zaggreb) . . . . .
b) Persons delivered for work separated according to sex:
The following persons were transferred to tire offices of the German Plenipotentiary for the employment of labor:
Men: 39 Women:
4 Together:
43 . . . . . . . . . .The report is again signed "Kammerhofer".Turning next to page 45 of the English, page 35 of the German, Document NOKW-1769, which is offered as Prosecution Exhibit 567.
These are several Daily Reports from the 15th Mountain Corps to the 2nd Panzer Army.
The 15th Mountain Corps was commanded by the defendant Leyser, and the 2nd Panzer Army by the defendant Rendulic.
On the bottom of page 45 of the English, page 35 of the German, is a Daily Report 15th Mountain Corps to the 2nd Panzer Army, dated January 27, 1944.
"Because of blasting on the road northwest of Sisak (25 January) 22 hostages were hanged on the site of the blasting."
The report is signed "15th Mountain Corps."
Next on page 47 of the English, page 37 of the German, NOKW-1770, which is offered as Prosecution Exhibit 568. This is a report of the Corps Headquarters, 15th fountain Corps and Enclosure to War Diary. Released to "Niberlungenfahrt" 114th Infantry Division, 13 January to 30 January 1944. Also "Dreznica", 23 January to 29 January 1944.
I call your Honors attention only to the portion of the report which deals with the activities of the 114th Infantry Division, on page 48 of the English and page 37 of the German.
The following was destroyed in Dreszuica: 20 bandit quarters 1 complete printing outfit and an ormury. In Mosune: A hospital with 50 beds, a sawnill including the machines 4 baracks sinsisting of billets and workshop, ammunition and food depot. Own losses: 3 dead 10 wounded.
And next on page 49 of the English, page 38 of the German, NOKW1768, which is offered as Prosecution Exhibit 569. This a report from the Quartermaster of the 15th Infartry Corps to the Quartermster 2nd Panzer Army.
"Total of Prisoners of war on 1 Jan 1944 1. Prisoners of war Total 1418, of these Italians:
2. Officers, 1 physician, 1296 men."
Under Paragraph 3, 3 Hostages:
Total 27, of those Serbs: 11 men Croats:
13 men and 3 women.
The report is signed "XV Infantru Corps, Qu 130/44 of 20 January." The 15th Infantry Corps was commanded at this time by the defendant Leyser, and the 2nd Panzer Army by the defendant Rendulic.
On page 50 of the English, page 39 of the German, NOKW 1772, which is offered as Prosecution Exhibit 570. These are a series of orders and reports from and it the 2nd Panzer Army and the 15th Mountain Corps.
The first report is from the 15th Mountain Corps, dated 4 February 1944, sent to Headquarters 2nd Panzer Army, and to various other units with which we are not particularly concerned.
This is the 2nd Supplement to the Daily report for 4 February 1944. I call Your Honors attention to the first line under the Supplementary Report, 1st Mountain Division:
"During the reported fighting on 2 February 74 enemy dead in British uniforms."
Then dropping down to the "Concluding report on Operations at Dreznica."