They continue to command the band and are recruiting new people. Everything else will be reported in writing tomorrow.
During the transfer from Korfu to Igumenica one priest of the Greek Catholic church and one civilian were shot while trying to escape."
Turning next to the report at the bottom of the page 150 of the English 160 of the German:
"Final Report Operation Mountain Infantry Regiment 99:
"Village and ridge southeast of Prodromi taken against weak enemy resistance about 1400 hours .......... About 1530 hours the attack was advanced on Dragumi and Ridge 586. Houses still standing after the last battle were set on fire.
The villages of Karijot, Velianti, Prodromi and Dragumi, which were supply bases for the bandits during the winter, were eliminated thereby."
Next a report of the 1st Mountain Division dated 3 November 1943 to Field Gendarmerie Detachment 54 rather this in an order of the division to the detachment, rather than a report:
"1.) The Greek Niko Bakola is to be shot to death for aiding and abetting bands. The execution is to take place unobtrusively. Execution report to Division Ic. The carrying out of the death penalty is to be made public.
2.) The 3 Italians: Severi, Francesco Campanella, Calogero Pirino, Benetton are to be transported to Florina as prisoners of war with an Italian transport.
Proper papers are to be made out.
3.) The member of the Italian Wehrmacht, Furnerie, Francesco is to be shot to death because he is suspected of belonging to a band. Execution report to Division Ic.
4.) The Greek Johannis Itos is to be shot to death for prohibited possession of arms and for aiding and abetting the bands. Execution report to Division Ic."And, the order is indicated as having been received by the Field Gendarmerie Detachment a day after the order is dated, that is to say on the 4 November 1943.
Page 152 of the English, and 161 of the German is the order which the Field Gendarmerie Detachment, - a report which the Field Gendarmerie Detachment 54 sent to the 1st Mountain Division Ic, or Intelligence Officer, on the 8 November 1943, five days after it received the divisional order.
"Subject: Order 1. Mountain Division Ic of 3.11.1943.
The Greek Nikola Bakola The Greek Johannis Itos The Italian Francesco Furnerie were shot to death today at 1700 hours.
They were properly interred with proper regard of all cautionary measures."
Next, on page 152 of the English and 162 of the German is a proclamation. It refers to the same incident:
"Proclamation The population is informed that the following persons were shot to death:
1.) Niko Bakola, born 1915, trade: carpenter; residence: Jannina, Villar Street 50. He was convicted of:
a) Asking Italian soldiers to fight against the German Wehrmacht.
b) Recruiting Italian soldiers to serve with the bandits.
c) Attempting to purchase arms and ammunition for the bandits.
d) Anti-German propaganda."
"2.) Johannis Itos from Greveniti Reason:
Prohibited possession of arms."
Next the report of the "Mountain Jaeger Field Replacement Battalion 79 To 1st Mountain Division Ic., report dated 8 November 1943 Enclosed the Field Replacement Battalion submits a delivery slip concerning 20 kilogram of bread for the Revenge Battalion Hakmaye (Leader Petri Dume) which was found in the possession of Ismael Asim of Turan (West of Korca) who was a member of the Revenge Battalion Hakmaye.
Ismael Asim was shot to death according to martial law on 6.11.1943."
Next is the report of the "Mountain Jaeger Field Replacement Battalion 79."
dated 8 November 1943, to 1st Mountain Division:
"Subject: Reprisals for the Albanian Walter Jennewein."
Your Honors will recall that on page 147 of the English 146 of the German, and dated 4 November 1943 this same Mountain Jaeger Field Replacement Battalion 79 requested information whether the 8 hostages held for interpreter Walter Jennewein had been hanged. Now, on page 153 of the English, and 163 of the German, we see the answer, which was given apparently to the battalions enquiring. This is a report of the Battalion to the 1st Mountain Division Ic.
"The reprisals for the Albanian Walter Jennewin were carried out by the 1st Battalion/Brandenburg itself."
"18 persons were shot to death in the neighborhood of Voskop on 6 November 1943."
Next a report from Garrison Headquarters Corfu to the Division Ic, a report dated 5 November 1943.
"Subject: Bringing in of Prisoners." There is a handwritten note: "To the 1st and 2nd Death Penalty Commander."
"The following prisoners are being transferred to Division Ic: Mathiani, Georgio - 46 years old, from Debloni.
He states: I was with the Rebel Band of Pappas. I am not the deputy of the Rebel Leader. I was in charge of the supply (arms, ammunition, rations, fodder) I only know that the deputy of Pappas, Seremedis, (born in Potamos) and another Rebel Leader named Koskinas, Giovanni (born in Kuramades) are here on this Island. They continued to lead the bands and are recruiting people.
Randazzo, Ciro, 27 years old, born in Palermo, Italian soldier.
He states: I have not been with the rebels long and I am not informed regarding the details.
The two bandits, together with a third bandit, were found with loaded rifles in Debloni on 3. Nov. 43. One of the bandits were shot on the spot; the house in which the bandits were found was burned down. Appendix: The suspects named above include a very reputable farmer who has been seized as a hostage.
According to the enclosed report, the priest of the Greek Church, Colida, Spiridione and the Greek Nicokanra, Sebastian who were given over to the 2nd Regiment/99 for transfer to the Division Ic were shot to death while trying to escape."
Finally, a last report on page 155 of the English, 164 of the German, is an order from the 1st Mountain Division to Field Gendarmerie Detachment 54. The Gendarmerie Detachment's receipt stamp for the order appears on the document dated 10 November 1943, one day after the Divisional order is dated.
"Mathiano, Georgio and Randazzo, Ciro are to be shot to death for armed resistance."
And then the report of the Field Gendarmerie Detachment 54 to the 1st Mountain Division indicating it was carried out, the order that was received from the division. This report is dated 10 November 1943.
"Subject: Order 1st Mountain Division Ic of 9 November 1943.
"The Greek Mathiani, Georgio, The Italian Randazzo, Ciro were shot to death at 1700 hours today and properly interred."
And that, if your Honors please, completes the presentation of the documents in Document Book XIX.
DR. LATERNSER: Your Honor, on the occasion of the conclusion of the evidence presented by the prosecution in Document Book XIX, I ask for clarification of the following questions important to the defense.
What is now to be done about the treatment of the subject of the entire contents of the document book or just the parts which have been read out?
THE PRESIDENT: Is your inquiry based upon the result of the ruling made earlier this afternoon?
DR. LATERNSER: no, your Honor. There is no connection between the two. As defense counsel, I must know what has become subject of the case in order, for example, to be able to judge whether, in connection with any one point, the submission of evidence by the prosecution has, any conclusive value; for, if it is not conclusive, the defense need not go into the point.
Mr. President, my attention is called to the fact that possibly the contents of my statement has been distorted by the translation of the word "schluessig," "conclusive." I mean the following:
I must know what is subject of the case, for only then can I judge whether, for example, the submission by the prosecution of any one complex is sufficient or not and, according to that, the defense has to act. For this reason, I would be very much interested in whether the entire document book has been subject of the proceedings or only those parts of it which have been read out here.
THE PRESIDENT: It is the judgment of the Tribunal that the whole exhibit is and now if you wish to read any portions of it which have not been read by the prosecution, you may do that in your defense, but the entire document is offered, as I understand it, and the prosecution is calling particular attention to certain phases of it.
DR. LATERNSER: And what is the essential part, Mr. President? Is it what is contained in the document book or the photostat of the exhibit which the prosecution has given to the secretary general?
THE PRESIDENT: If there is any portion of the document which you, as representative of the defense, wish to present to the Tribunal, that is your privilege, along with that which has been submitted to us in the English translation.
THE PRESIDENT: I would suggest that the whole thing that goes to the Secretary General is in evidence.
DR. LATERNSER: I understand that, your Honor, but if this is so, then the whole exhibit cannot be brought in because it has only been partly translated. In other words, the Tribunal does not, cannot gain an entire impression of the whole exhibit.
THE PRESIDENT: If there are certain portions of it which the defense counsel feel are important to their defense, they have the privilege and it is their right and their duty to see that the matters are presented to the Tribunal.
DR. LATERNSER: Your Honors, I shall discuss this matter with my colleagues.
THE PRESIDENT: Very well.
MR. DENNEY: Your Honors please, I have just handed your Honors a paper which was typed in my office in English which contains the usual all-time advice that is administered to witnesses who are Greek Nationals. If Dr. Laternser wishes, I will be very glad to have this translated into German and submitted to him. May we have a statement on the record to that effect, Doctor?
DR. LATERNSER: Your Honors, that will not be necessary.
MR. DENNEY: Thank you, Doctor.
Your Honors will recall that at the commencement of the trial the first step in the proceedings was the reading of an affidavit by Mr. Niebergall who is presently in the document room. However, I have noted, in going through the documents, that we have occasional documents which are what might be called "anti-Niebergall" and, with that in mind, I should like to read the Coogan affidavit which was used before the International Military Tribunal and will cover such documents as bear the earlier numbers and are taken from the International case and which were developed at that time.
I believe all the defense counsel are familiar with the Coogan affidavit. However, for their convenience I have 11 copies here in German. You may want it for your files -- 3 copies for the Tribunal. I must apologize, your Honors, for the condition of these photostats or mimeographs but the pages are getting rather worn. It has been used so much. Then one in English and German for the interpreters and stenographers, court reporters, and the original one which I have left which I can read is Major Hatfield's copy, so I will give that to him after I have finished.
"19 November 1945." This, if your Honors please, will be assigned perhaps the easiest way would be to call it Exhibit 1-B" and then it will be right next to the Niebergall affidavit which covers the period subsequent to the so-called "Chief of Counsel" which was prior to the present office of "Chief of Counsel for War Crimes."
"19 November 1945.
"I, MAJOR WILLIAM H. COOGAN, 0-455814, Quartermaster Corps, a commissioned officer of the Army of the United States of America, do hereby certify as follows:
"The United States Chief of Counsel in July 1945 charged the Field Branch of the Documentation Division with the responsibility of collecting evaluating and assembling documentary evidence in the European Theater for use in the prosecution of the major Axis war criminals before the International Military Tribunal. I was appointed Chief of the Field Branch on 20 July 1945. I am now the Chief of the Documentation Division, Office of United States Chief of Counsel.
"I have served in the United States Army for more than four years and am a practicing attorney by profession. Based upon my experience as an attorney and as a United States Army officer, I am familiar with the operation of the United States Army in connection with seizing and processing captured enemy documents. In my capacity as Chief of the Document Division Office of the United States Chief of Counsel, I am familiar with and have supervised the processing, filing translation and photostating of all documentary evidence for the United States Chief of Counsel.
"As the Army overran German occupied territory and then Germany itself, certain specialized personnel seized enemy documents, books and records for information of strategic and practical value. During the early stages such documents were handled in bulk and assembled at temporary centers. However, after the surrender of Germany, they were transported to the various document centers established by Army Headquarters in the United States Zone of Occupation. In addition to the documents actually assembled at such document centers, Army personnel maintained and secured considerable documents "insitu" at or near the places of discovery. When such documents were located and assembled they were catalogued by Army personnel into collections and records were maintained which disclosed the source and such other information available concerning the place and general circumstances surrounding the acquisition of the documents.
"The Field Branch of the Documentation Division was staffed by personnel thoroughly conversant with the German language. Their task was to search for and select captured enemy documents in the European Theater which disclosed information relating to the prosecution of the major Axis war criminals. Officers under my command were placed on duty at various document centers and also dispatched on individual missions to obtain original documents. When documents were located, my representatives made a record of the circumstances under which they were found and all information available concerning their authenticity was recorded. Such documents were further identified by Field Branch pre-trial serial numbers, assigned by my representatives who would then periodically dispatch the original documents by courier to the Office of the United States Chief of Counsel.
"Upon receipt of these documents they were duly recorded and indexed. After this operation, they were delivered to the Screening and Analysis Branch of the Documentation Division of the Office of United States Chief of Counsel, which Branch re-examined such documents in order to finally determine whether or not they should be retained as evidence for the prosecutors. This final screening was done by German-speaking analysts on the staff of the United States Chief of Counsel. When the document passed the screeners, it was then transmitted to the Document Room of the Office of United States Chief of Counsel, with a covering sheet prepared by the screeners showing the title or nature of the document, the personalities involved, and its importance. In the Document Room, a trial identification number was given to each document or to each group of documents, in cases where it was desirable for the sake of clarity to file several documents together.
"United States documents were given trial identification numbers in one of five series designated by the letters: "PS", "L", "R", "C", and "EC", indicating the means of acquisition of the documents.
Within each series documents were listed numerically.
"After a document was so numbered, it was then sent to a Germanspeaking analyst who prepared a summary of the document with appropriate references to personalities involved, index headings, information as to the source of the document as indicated by the Field Branch, and the importance of the document to a particular phase of the case. Next, the original document was returned to the Document Room and then checked out to the photostating department, where photostatic copies were made. Upon return from photostating, it was placed in an envelope in one of several fireproof safes in the rear of the Document Room. One of the photostatic copies of the document was sent to the translators, thereafter leaving the original itself in the safe. A commissioned officer has been, and is, responsible for the security of the documents in the safe. At all times when he is not present the safe is locked and a military guard is on duty outside the only door. If the officers preparing the certified translation, or one of the officers working on the briefs, found it necessary to examine the original document, this was done within the Document Room in the section set aside for that purpose. The only exception to this strict rule has been where it has been occasionally necessary to present the original document to the defendants for examination. In this case, the document was entrusted to a responsible officer of the prosecution staff.
"All original documents are now located in safes in the Document Room, where they will be secured until they are presented by the prosecution to the court during the progress of the trial.
"Some of the documents which will be offered in evidence by the United States Chief of Counsel were seized and processed by the British Army. Also, personnel from the Office of the United States Chief of Counsel and The British War Crimes Executive have acted jointly in locating, seizing and processing such documents.
"Substantially the same system of acquiring documentary evidence was utilized by the British Army and the British War Crimes Executive as that hereinabove set forth with respect to the United States Army and the Office of the United States Chief of Counsel.
"Therefore, I certify in my official capacity as hereinabove stated, to the best of my knowledge and belief, that the documents captured in the British Zone of Operations and Occupation, which will be offered in evidence by the United States Chief of Counsel, have been authenticated, translated, and processed in substantially the same manner as hereinabove set forth with respect to the operations of the United States Chief of Counsel.
"Finally, I certify, that all Documentary evidence offered by the United States Chief of Counsel, including those documents from British Army sources, are in the same condition as captured by the United States and British Armies; that they have been translated by competent and qualified translators; that all photostatic copies are true and correct copies of the originals and that they have been correctly filed, numbered and processed as above outlined."
"William H. Coogan, Major, Quartermasters Corps, 0-455814."
If the Court pleases, I should like to request that the marshal be directed to summon the witness, Nicolas Neris.
THE PRESIDENT: The Marshal will present the witness named to the Tribunal.
DR. SAUTER (Counsel for defendant Lanz); Mr. President, I ask first of all to determine whether the examination of this witness has been announced at all previously. We were given the names of seven witnesses who were supposed to be examined but, if I correctly understood the name of this witness, this witness does not seem to have been previously announced. It might be a good idea to clarify this point.
MR. DENNEY: Do you have the list up there, Major Hatfield, of the witnesses?
If your Honors please, this witness -- notice was sent down on 1 August. The first name of the witness was unknown at the time and I notice now that it is typed here as "Nezis" N e z i s. The address given is: "Police Headquarters, Athens, Greece"; and his occupation as, "Chief of Police", and the nature of his testimony, "Pertaining to the activities of the German occupation troops in Greece during 1941-1945." That was the best information which we had at that time.
DR. SAUTER: A witness Nezis, N e z i s, has been announced. That's true, but a witness, Nicolas Neris has not been announced. If this witness is identical with this police chief Nezis who has been announced to us, then, of course, we would have no objection to the examination of this witness.
MR. DENNEY: I can assure Dr. Sauter that this is the man that is over there, who is purportedly described on page 2 of the notice which was sent him which has: "(Blank) Nezis, Greek, Police Headquarters, Athens, Greece, Chief of Police, pertaining to the activities of the German occupation troops in Greece during 1941-1945."
DR. SAUTER: Thank you. The matter is all right now.
THE PRESIDENT: Are we ready to proceed with the examination of this witness?
MR. DENNEY: Yes, your Honor, please.
THE PRESIDENT: The interpreter, Dr. Dimitrios, will rise and be sworn.
I do solemnly swear that I will perform my duties as interpreter to the Tribunal according to the best of my ability and skill.
(The interpreter repeated the oath).
THE PRESIDENT: The witness will now be sworn.
I, Nicolas Neris, swear to speak the truth, and only the truth, in reply to whatever I am asked, without fear and without prejudice.
(The witness repeated the oath).
THE PRESIDENT: You may be seated.
PRESIDENT WENNERSTRUM: You may be seated.
DIRECT EXAMINATION OF NICOLAS JOHAN NERIS BY MR. DENNEY:
Q. What is your name?
A. Nicolas Johan Neris.
Q. Where were you born?
A. In the Island of Mykenes in Cyhlandes, in Greece.
Q. When?
A. On the 15th of February, 1900.
Q. Where did you go to school?
A. In the law school, of the University of Athens.
Q. Did you finish your studies?
A. Yes.
Q. Are you a lawyer?
A. Yes.
Q. Are you licensed to practice law in Greece?
A. Yes.
Q. What was your position in 1940?
A. I was Deputy Police of the Chief of Athens and Director of the Protection against the aircraft.
Q. You say Deputy of Protection against aircraft. Do you mean in charge of the air raid warning system?
A. Protection of the non-fighting population against the air raids.
Q. What is your present position?
A. I am the acting General of the National Institute of the Organization under Reconstruction.
Q. The organization in reconstruction of what?
A. Of the country.
Q. What country?
A. Greece.
Q. Thank you. Do you recall approximately when the German troops came to Greece?
A On the 27th of April, 1941 the German troops entered Athens.
Q. And at that time what was your position?
A I was Deputy Chief of the Police in Athens.
Q. How long did you remain in that position?
A. Approximately 6 months.
Q. Then what did you do?
A. I was transferred as Chief of Staff of the Police Court.
Q. How long did you retain that post?
A. Approximately for one and one-half years.
Q. And what did you do after that?
A. I was chief of the school for police officers.
Q. Where were you during all of this period?
A. In Athens.
Q. Was the school for the police officers in Athens?
A. Yes.
Q. And how long did you stay there?
A. Nine months.
Q. And then what did you do after that?
A. After the bombardment of Pyraeus I was again nominated as the director of the protection from the aircraft.
Q. That is, you returned to this job in connection with the air raid protection?
A. Yes, the protection of the civilian population.
Q. How long did you keep that position?
A. Until the day of the liberation.
Q. And when was that?
A. The 12th of October, 1944.
Q. And what did you do after that?
A. I was nominated as director of the police in the Ministry of the Interior.
Q. Directing your attention now to the period immediately following the German entry into Athens, which you have stated was some time late in April, 1941, will you tell the Court what you observed in your official capacity, about the conduct of the German troops?
A. As soon as the German Army entered Athens, and hoisted the German flag over the Acropolis, and captured all of the positions that were good for occupying, they began to requisition all of the stores and warehouses of food that were at that time in Athens. By the stores and warehouses, I do not mean only all public ones, and the Army storehouses, but the private ones and every store and shop that contained any foodstuff.
Apart from the foodstuffs, every hotel or restaurant was requisitioned for the need of the German Army. During our fighting against the Italians the Greek government had ordered the population to buy no more foodstuffs than they needed for a period of two or three days, to prevent the lack of food stuffs from the market without any good reason. According to this order of the Greek government, the population had not stored in their houses any big quantities of food stuff.
After the requisition and confiscation of all of these storehouses, the Germans notified the people of Athens that they should not have in their possession more foodstuff than was needed for some days, under a heavy penalty of imprisonment. As it was natural, after some days the lack of foodstuff was noticed in the markets. At the beginning the poorer classes, later on the middle class, and still later on the more wealthy classes, had no food.
During the months of May, June, July, and August, the situation was not so bad because the population could buy fruit and vegetables and could feed themselves by that way, but by the month of September the hunger and starvation begun to be shown on the population of Athens.
Many things happened, and since that period, that is to say from September, 1941, the hunger and mass starvations were mounting continuously.
PRESIDENT WENNERSTRUM: The Tribunal will take its recess at this time.
(A recess was taken until 1515 hours.)
THE MARSHAL: Persons in the Courtroom will please be seated.
The Tribunal is again in session.
JUDGE WENNERSTRUM: You may proceed.
MR. DENNEY: May it please Your Honors, with reference to the list which has been furnished to the Tribunal and the defense counsel, we should like to apologize for my lack of familiarity with the Greek language and some of its characters. And at this time we advise, particularly the defense counsel, as to some minor changes in spelling which will be necessitated whenever the individuals in each case are those whom we have specified. And in order that the proceedings will go along when the other Greek witnesses are produced, I think it might be well to read the names. The first name should be "Karamertzanis," which is spelled K A R A M E R T Z A N I S, and the first name of that witness -- that is the last name -- is "Panayotis," which is spelled P A N A Y O T I S. The next name...
DR. LATERNSER: Dr. Laternser. We don't want to hear these names so exactly. They will be repeated. The way the names are presented will be repeated when the witnesses appear.
MR. DENNEY: Well, perhaps that may be taken on behalf of the defense counsel that Prosecution will not be held responsible for lack of interest with Greek or familiar names -- names which are submitted to us.
JUDGE WENNERSTRUM: Do I take it, Dr. Laternser, that there will be no question raised as to the identity and the correctness of the names as sent in the notices presented to the Court and to the defense counsel? Dr. Laternser has indicated that there would be no objection, and the record may so show.
MR. DENNEY: If it please Your Honor.
DIRECT EXAMINATION CONTINUED BY MR. DENNEY:
Q: Now, may I ask if you will continue your narration please?
A: This situation got worse by the issuing of an order by which the import of foodstuff was forbidden in the area of Athens. At that time the population of Athens started to find ways of getting out of Athens to find food. But for every exit from Athens a special permit of the German Kommandantur was needed, but such permits were very difficultly issued. Only for causes of illness or death were such permits issued to those who demanded them. During the last of October, November, December, January, and February 1942, the situation was tragic.
Q: Let me -- may I interrupt for just a moment so that the record will be correct. You are speaking of October, November, and December, 1941, and January and February 1942. Is that right?
A: Yes, sir.
Q: Proceed.
A: In the streets of Athens women and children were found, and many of them were falling down out of starvation. All the edges of the streets were covered with garbage because they had not the means in Athens to carry them away, because the Germans had confiscated all the means of transportation. In this garbage, and especially the garbage near the German billets, men, women, and children searched in vain to find something to eat. Many people fell on the garbage dead. As for the means of communication, everything was requisitioned by the German Army except - with the exception of some useless means of transportation. All those useless means of transportation could not be moved because of the lack of petrol.
The dead were transported on small wheelbarrows, many time on the shoulders of their relatives. The families who had some one of the members dead did not notify the authorities, with the intention of keeping his ration book and having something more to eat. And at that time the cemeteries of the suburbs of Athens were ordered to accept dead from Athens because the numbers were so big that the cemeteries of Athens were not sufficient for their burial. They managed, at that time, to find a little bit of gasoline so as to use big motor vehicles in which they transported fifty to sixty corpses to the cemeteries.
Q: About what had been the death rate in Athens prior to the entry of the German troops?
A: Approximately 18 persons per day.
Q: And 18 persons per day is about 240 a month -- or 540 a month? Excuse me.
A: Yes.
DIRECT EXAMINATION CONTINUED BY MR. DENNEY:
Q And what was the death rate during the period of which you spoke--the year-end 1941 and the beginning of 1942--for that six-months' period?
A From the registry of Athens and from the authorities of the cemeteries, or those people to whom they are declared when they did, we know, at that time, the death rate was 5,000 a month; that is to say, ten times more than before the war.
Q Now, you spoke of the registry. (Withdraw) You spoke of the registry. Will you tell the Court what that was?
A The registry is the public office when you declare someone when he has died. His name is put on a list, and that public office gives you the permission for the burial of that person.
Q And the other source of your information you said was from the cemetery people. How did you get that information?
A The police asked the directors of the cemeteries to give the numbers of the persons who were buried without any permission from the registry because many people were thrown over the fence of the cemeteries and were left there by their relatives.
Q And, of course, there was no way of identifying these dead bodies which were thrown into the cemeteries?
A No, It was impossible. The relatives did not want his body to be identified because they wanted to keep his ration book.
Q Now, does that conclude what you have to say with reference to the food conditions and the resulting conditions of the population in Athens during this period?
A This period is so tragic that you could talk on for days and days; but I do not want to take the precious time of the Court.
Q Now, will you tell the Tribunal what happened with reference to the hospitals in Athens?
AAs soon as the Germans entered Athens all the hospitals of Athens were requisitioned by the German Army for the needs of their men.