Q. We will turn new to photograph No. 27
A This has been taken in July, 1944, during the battle of Preveza, and it represents a mortar activity.
Q. Are the men shown in the photograph members of the EDES organization?
A. Yes, they are. They are the men of the so-called Sacred Company of the students.
Q. Turing next to photograph marked No. 28.
A. This was taken on the 23rd of July 1944, which was the second anniversary of the exodus of General Zervas to the mountains. And it represents the parade in front of the monument of the dead of these National Guerrilla units. It represents General Zervas, and at the right side of Archbishop of Paramythia, by the name of Thortas.
Q. Will you look next at the photograph marked No. 29?
A. This was taken on the 23rd of July 1944, and it represents the artillery that had been given to us by the Americans.
Q. The men in the photograph wear the uniform of the EDES organization?
A. Yes, all of them are members of the EDES organization.
Q. Turn next to photograph marked No. 30.
A. It was taken on the 23rd of July 1944, and it represents the artillery weapons ta on off the horses.
Q. Who are the men in the photograph?
A. On the left side there are two soldiers of the artillery. In the middle is standing the Governor of the artillery, Colonel Metaxas, Standing nearby is General Zervas.
Q. Is he the man with the beard?
A. Yes, the man with the beard, And at the right side again are two soldiers of the artillery.
Q. Are all of the men shown in the photograph members of the EDES organization?
A. All of them are members of the EDES organization.
Q. Are they wearing the uniform of the EDES organization?
A. All of them are wearing uniform, and the one of the soldiers to the right side is wearing a uniform fit for him to ride on horseback
Q. Why do there see to be white lines on the photograph, Witness
A. Because I used this photograph in order to publish to in the newspaper.
Q. Turning next to photograph No.31.
Q We turn next to photograph marked 31.
A This has been taken on the 23rd of July 1944 and represents a parade in front of the monument of the dead soldiers and officers of the national guerilla forces.
Q The next photograph is No. 32.
A This has been taken on the 23rd of July, 1944, and it represents General Zervas, the Archbishop of Paramythia, and the whole staff of General Zervas.
Q Is General Zervas the man with the beard standing to the right of the Archbishop?
A Yes, General Zervas is the man with the beard standing to the right.
Q Look next at photograph No. 33.
A This has been taken in August 1944 and it represents the entrance of the hospital of Dervisema with the German wounded prisoners of war to whom a Greek nurse is offering cigarettes.
Q Is the man on the extreme left of the photograph facing the camera a member of the EDES organization?
A Yes, he is.
Q Is he wearing the uniform of the EDES organization?
A Yes, he is wearing the uniform of summer; he is only wearing a shirt without his jacket.
Q Will you turn next to photograph No.34?
A This has been taken after the battle of Menina about the 20th of August, 1944, and represents the General Zervas sitting in one of the cars that we have captured from the Germans.
Q Is General Zervas the man to the extreme left of the photograph?
A Yes, that is correct.
Q We will look next at photograph No. 35.
A This has been taken in summer, 1944. This represents General Zervas together with the Archbishop of Paramythia and with many of the soldiers and inhabitants of the village of Dervisema after the performance of the religious service.
Q To what organization do the soldiers in the photograph belong?
A All of them did belong to the EDES.
Q. Will you look now at the photograph numbered 36?
A This has been taken in August 1944 in the village of Paramythia and it is the arch which the 10th Division of the EDES organization had built up in order to welcome General Zervas.
Q Who are the persons shown on the left of the photograph?
A They are several of the inhabitants; among whom is a priest and at the right are the soldiers of the 10th Division standing at attention.
Q To what organization do those men belong?
A To the organization EDES.
Q What are the two flag shown in the photograph?
A They are both Greek flags.
Q Will you look now at photograph No. 37?
A It was taken at the beginning of October, 1944, and it represents the bridge of Zita that the Germans had blown up while they were withdrawing and which the engineers of the Engineer Corps of the national guerilla units had repaired within two days in order to materialize the pursuit of the Germans with the artillery.
Q Do you know the name of the river across which the bridge is built?
A It is just a side river of the River Luros.
Q. Turn now to photograph marked No. 38.
A This has been taken on the 18th of October, 1944, and it represents the flag of the General Zervas, at the day when the General entered the town of Jannina.
Q The soldiers in the photograph are members of the EDES organization?
AAll of them.
Q What are the flags shown at the top of the photograph?
A The American flag, the British flag and the Greek flag.
Q Which is the Greek flag?
A In the middle of the American and the British.
Q What is the writing which appears on the lower right hand portion of the photograph?
A Entrance into Jannina of the national Greek guerilla bands on the 18th of October, 1944.
Q Turn finally to photograph marked No. 39.
A This has been taken also on the 18th of October, 1944, and it represents a battalion of the Greek notional guerilla bands with their weapons as a souvenir of that day.
Q What is the writing on the lower right hand portion of the photograph?
A Battalion of Galani.
MR. FENSTERMACHER: If your Honors please, I ask that these photographs be admitted into evidence and given Exhibit No. 481. I ask also, your Honor, if we might return the original photographs to the witness and give the Secretary General photostatic reproductions of the originals.
PRESIDING JUDGE CARTER: There being no objection, that may be done.
MR. FENSTERMACHER: I have no further question to the witness, your Honor.
CROSS EXAMINATION BY DR. LATERNSER:Q Witness, where are the negatives of these photographs?
A I don't have them here. They are in Athens.
Q May I see the originals of No. 23 end No. 24, please?
(Dr. Laternser examined the originals.)
DP. LATERNSER: I have no further questions, your Honor.
PRESIDING JUDGE CARTER: Any further questions on cross examination? Is there anything further, Mr. Fenstermacher?
MR. FENSTERMACHER: Your Honor, I believe it was last Saturday when Dr. Sauter, counsel for the defendants Geitner and Lanz, indicated that he might wish to make this witness his own witness. Since this witness is planning to return to Greece very shortly, I wonder if your Honors might place a time limit on Dr. Sauter within which he would let prosecution and the Tribunal know whether he wishes to make the witness his own?
PRESIDING JUDGE CARTER: Dr. Laternser, do you think you could find out by one-thirty whether there is any desire on the part of the defense to call this witness on direct examination?
DR. LATERNSER: Your Honor, I shall try to report to the Court about that at one-thirty but I am not quite sure whether by this time I will be able to do so.
PRESIDING JUDGE CARTER: I wonder if the Tribunal might not make the inquiry of the defense at this time as to the period of time they expect to be allowed them after the prosecution completes its case and before we take up the evidence of the defense?
DR. LATERNSER: Your Honor, this question comes a little suddenly if I may say. I can't supply the answer now but only then when I have talked about this with my colleagues, as I cannot say now how long each individual colleague wants for the submission of his documents and the stating of his case. I shall sneak to my colleagues and I will probably be then in a position to give you an answer.
PRESIDING JUDGE CARTER: If you will do that and inform the Tribunal at the earliest possible moment, we would appreciate it.
DR. LATERNSER: My attention was drawn to the fact by Mr. Denney that the question of the Tribunal about the time is about the recess between the prosecution resting their case and the defense starting their case. Is that the question?
PRESIDING JUDGE CARTER: That is what I was inquiring about.
DR. LATERNSER: Also this question I would like to think over because in order to give the answer I must talk to my colleagues but I shall do so as soon as I can.
PRESIDING JUDGE CARTER: Very well.
MR. FENSTERMACHER: Your Honor, may the witness be excused for the time being?
PRESIDING JUDGE CARTER: Yes, the witness will be excused for the time being. The Tribunal will adjourn until one-thirty.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION (The Court reconvened at 1330 hours, 20 August 1947.)
THE MARSHAL: The persons in the Courtroom will be seated.
The Tribunal is again in session.
PRESIDING JUDGE CARTER: You may proceed.
MR. DENNEY: If it please your Honors, the document which is being distributed to your Honors now is the identification exhibit which goes at the close of Document Book 16. It should be marked 408-A, pages 201, 202, 203, and it is offered as Exhibit 408-A for identification to be submitted, to be placed at the close of Document Book 16.
The document which has just been handed to your Honors is to be marked 423-A and will receive page numbers 132 and 133 and is to be inserted at the close of Document Book 17 and is offered as Prosecution's Exhibit 423-A for identification.
And this next one is to be marked 441-A, pages 107, 108, and is to be placed at the end of Document Book 18 and is offered as prosecution's Exhibit 441-A for identification.
And the last one which your Honors have just received is to be marked 457-A for identification.
JUDGE WENNERSTRUM: 457?
MR. DENNEY: 457-A, yes, your Honor, and is to be placed at the end of Document Book 19 and is offered as Prosecution's Exhibit 457-A for identification.
JUDGE WENNERSTRUM: Pages?
MR. DENNEY: 156 and 157. I have spoken with Dr. Sauter during the noon recess and he has advised me that he will not require the witness Kosta Triandaphylidis and has authorized me to so inform the court.
PRESIDING JUDGE CARTER: Very well.
MR. DENNEY: We now start with Document Book 21.
Was the last exhibit number, Mr. Stone, 481?
MR. STONE: Yes.
MR. DENNEY: The first document in this book at pages one of the English and the German, NOKW-469, is offered as Prosecution's Exhibit No. 482 in evidence.
This is a series of reports having to do with the operation Klissura, and the reports in the document book are from the standpoint of dates backwards. However, I think they are just as informative one way as the other, and for the convenience of the Tribunal why we will take the pages as they come.
The first page, which is a communication from the Commander in Chief Southeast, who was at that time the defendant Weichs, is dated 6 July 1944, and I would direct Your Honors attention to the number which the communication bears, the German Staff Record Book Number 4506, directed "To the Special Plenipotentiary of the Foreign Office to the Southeast Envoy Neubacher."
This document, incidentally, is signed by the defendant von Weichs.
It says:
Referring to your teletype dated 16.5.44 I am enclosing the report of the commander of SS Panzer - Grenadier Regiment 7, dated 3.6.44, with the comments of the Corps Group Saloniki and of the High Command Army Group E pertaining to the operation against the village of Klissura. And Your Honors' attention is called to the facts it quotes these various reports, which we will come to presently. Returning now to the document. I see from these reports that the events at Klissura differed from the way in which they are represented in the minutes of the interrogations of some village residents before the Consulate General of Saloniki. I wish to point out in particular that according to the report of Regiment Commander it was not a subsequent reprisal action but that the village of Klissura was stormed and taken with the employment of all heavy weapons of the regiment. One must count on the civilian population of the village already having suffered considerable losses due to the employment of heavy weapons and that the Bulgarian military put in action there are guilty of excesses after the capture of the village, which can not be checked on afterwards. I consequently believe that a further following up of this matter would meet with no success.
This incident is taken as occasion to recall attention to the orders on the execution of reprisal measures which at the time of their issuance had your concurrence.
Signed Freiherr v. Weichs.
Before turning to the next page I should merely like to direct Your Honors' attention to the fact that von Weichs there speaks of the employment of Bulgarian troops.
JUDGE CARTER: Can you advise us, Mr. Denney, as to the meaning of this word "Freiherr?"
MR. DENNEY: "Freiherr", yes, Your Honor, I believe it is a title of nobility. Is that not right, Dr. Laternser? A title that would be similar to Count, or Duke. I am not familiar with the various titles of nobility. Is that right, Dr. Laternser?
DR. LATERNSER: Yes.
MR. DENNEY: Still on page 1 of the German, but on page 2 of the English, or rather on page 2 of the German too, we have a communication of 20 June 1944, which is from the Commander in Chief Southeast, High Command Army Group F, both being the same person, namely, the defendant von Weichs, and this is addressed to the Oberkommando Wehrmacht, Wehrmachtfuehrungsstab, Wehrmacht Operations Staff, and has reference to a communication which von Weichs has sent to them under early date No. 4450. The subject of this operation again is "Operation Klissura", and it states:
Enclosed please find copies
1.) Statements of the Greek citizens, Kitsis, Tripis, Papakristos and Manos, all residents of the village of Klissura, as certified by the German Consulate General in Saloniki. Both records are the basis for the teletype from Envoy Neubacher to the Foreign Office which has been submitted to you.
2.) Report of the Commander of SS-Panzer Regiment 7, dated. 3.6.44. And that is the report referred to in the earlier communication which we have read, but it bears the later date of 6 July.
3.) Comment of Corps Group Saloniki dated 12.6.
4.) Comment of High Command Army Group E dated 14.6.44.
And the Court's attention is directed here to the channel of command through which these various papers relating to this incident came up to von Weichs from Army Group E, and from the 7th Corps to Army Group E and from the 7th Panzer Regiment SS to the Corps Group Saloniki.
The report of the Commander of SS Panzer Regiment 7 differs markedly from the statements of the inhabitants of the village:
The Regiment Commander reports that the village was taken by assault with the employment of heavy weapons. In contrast to that the village residents state that the combat actions against the Red Adnartes did not touch village itself. They further state that after the Red Andartes her been driven out of the area around the village, the village was searched without further incidents by sections of a German detachment, and that only after a certain time had elapsed and without combat action did further sections of the German troops appear and proceed against the population of the village in the manner known.
On the basis of the comment of Army Group E the Commander in Chief Southeast believes that the accusations made by the Greeks are to be rejected. as groundless by reason of the statements of the Commander of the SS Panzer Grenadier Regiment 7.
It is recalled to attention again that there must be strict observance of the orders on the execution of reprisal measures that were issued in agreement with Envoy Neubacher.
Copies of the report and of the comments have been submitted directly to Envoy Neubacher.
Signature For the Commander in Chief Southeast (High Command Army Group F) Chief of the General Staff Winter (signature) And down at the lower left there is a note, After dispatch Ia/F Order on reprisal measures Department Ia/F No. secret.
22.12.43, to be brought to attention in a suitable way in accordance with the paragraph preceding the last.
And on page 3 of the German and page 4 of the English, the communication of 12 June 1944, which is referred to in the earlier letter. This is the report from the Group Saloniki to the High Command of Army Group E, and the reference Number 6299 of May 18, is called to the Count's attention, and the subject is "Operation Klissura", to "High Command Army Group E."
Enclosed we are submitting another report of the Regimental Commander of the SS-Panzer Grenadier Regiment 7.
The statements of the residents of the villages of Klissura show that the male population were evacuated from the village on the day in question and only women and children remained. On the other hand it is a fact that the soldiers were shot at from the village, that is, from its near vicinity. The regimental commander of course could not know of the withdrawal of the male population. The tactical measure carried out by him to break resistance by using all available weapons in order to avoid unnecessary losses was correct and no accusation can be made against him for that. It can therefore be assumed with certainty that the majority of the women and children lost their lives while the village was under fire and not later when the village was being combed through. It may be correct that in individual cases during the combing through women were fired upon also as some statements of the residents indicate. But in evaluating this incident one must take into consideration the emotion of the soldiers during combat on the one hand and on the other hand that of the population during interrogation.
It may he absolutely correct that in some cases mistakes were made by the soldiers; but it is hardly probable that the detachment more or less murdered the women or children who lost their lives.
I personally know SS-Standartenfuehrer Schumers as a particularly severe superior. Often measures taken by him are draconically hard. But he is always considerate of the welfare of his men and his actions are motivated by this attitude.
The report of the regimental commander makes it clear that the events in Klissura do not represent a reprisal measure but that they were combat actions during a pursuit fight.
And there is a certification to the left as to the correctness of the copy by a Major, and the rank of Pflugradt was Generalleutnant. The Major's signature is illegible.
And the next document in this connection is a report from the SS Panzer Grenedier Regiment 7, with reference to the operation Klissura, and it is made by the Regimental Commander of this Regiment, dated 3 June 1944.
"Two convoys of the I/7 were attacked on the ridge of the Klissura pass on 5.5.1944. This attack cost the lives of 8 men of the I/7. Seven were more or less heavily wounded."
Some of the corpses were entirely disrobed and cruelly mutilated, and ly in a row in the street. This is how I and the sections of my regiment employed in the liberating of the pass found the place of attack.
After receiving information of the attack I myself went to the place of attack with a combat group in order to combat and perhaps pursue the bandits. Considerable detachments of the Bulgarian military stationed near Klisura also participated in the engagement to free the pass. After relatively minor resistance, the bandits preferred withdrawal in a Southwest direction to the village of Klisura taking along their wounded, their weapons and 1 motorcycle. I ordered the immediate and ruthless pursuit of the fleeing bandits.
The bandits stopped at the outskirts of the village of Klisura and resisted anew. They shot with rifles, machine guns and mortars at my units pressing after them. In order to avoid further losses I ordered the advance to halt and ordered that all heavy weapons be brought into position. Brought into action were: 1 trench mortar platoon (6 barrels), 1 light infantry gun platoon (4 light infantry guns), 1 half platoon, 2 centimeter anti-aircraft, 2 groups heavy machine guns (4 heavy machine guns). Then I gave the order to open fire ruthlessly on Klisura. Since I was unable to locate exactly the firing positions of the enemy trench mortars, the firing was directed over the entire village of Klisura. After about 30 minutes observation showed that the bandits had ceased firing and many persons, among them women and children also, were leaving Klisura for a forest situated in a southwesterly direction. I now ordered the advance on the village of Klisura. Even at that time individual shots still were fired from Klisura. Klisura itself was taken by assault. I could not prevent the killing of women and children also during the firing and assault on Klisura, because Klisura had to be taken by assault.
That in the shooting and storming of Klisura women and children lost their lives is regrettable and was in the overall situation not to be avoided.
The enclosed interrogations show beyond doubt that the bandits had occupied Klisura before as well as after the attack. I further believe the interrogation of the Greek tailor Christos Kitsis shows that this man must have been right at the place of attack at the time even if he did not participate in it, for Kitsis gives exact details regarding the attack in his interrogation. I personally know the entire terrain, and it is inexplicable to me how Kitsis was able to observe the details of the attack at a distance of 2.5 kilometers - the population of Klisura was kept in the village by guards. I notice in particular the fact that Kitsis was able to recognize at a distance of 2½ kms. that the two motorcyclists were attacked with a hand grenade which was thrown by an Italian.
As stated at the beginning of this report Bulgarian military also participated in the assault on Klisura. These people voluntarily had attached themselves to my units during the advance and after the capture of Klisura they were the first to break into the houses in which Communists known to them resided. I am not in a position to say whether the events actually took place as the interrogations state. After the capture of Klisura I ordered the burning down of houses from which fire had come and which the Bulgarian militia designated as residences of Communists.
This was done.
In the evaluation of this incident I ask that it be taken into consideration the humanly understandable feelings of my men and of the Bulgarian militia aroused by the sight if their cruelly murdered commrades at the Klisura pass.
Signed Schumers SS-Standartenfuhrer and Redigmental Commander And it is certified to be a true copy.
And next is a communication of 25 May 1944 from the foreign office. It bears the receipt stamp of High Command Army Group F, and Commander in chief Southeast, for 26 May 1944, and it also bears an arrival stamp over on the right for the same date.
And then at the left in the heading is, "For submission to the Chief WFST (Wehrmachtfuehrungestab) Via VO Ag Ausland (Foreign Office Liaison.)
"Copy.
"The Foreign Office forwards the following telegraph report from the Special Plenipotentiary Southeast, Envoy Neubacher, under Pol I M 1138 Top Secret dated 20.5.44. The report is dated 15.5."
"Rapid investigation and information as to its outcome is requested." And then over to the left is typed on this, "Commander in Chief Southeast with the request for speedy investigation and report of the results.
By order of (signature illegible)" "Subject:
The Blood Bath of Clissure."
Your Honors attention is directed to the fact that this comes from Envoy Neubacher who is the German representative down there and the Special Plenipotentiary Foreign Office Southeast, to whom Weichs first communication in this series, the one of 6 July was directed.
According to the reports previously submitted to me on 5 April 215 inhabitants of the village Clissura in the area of Saloniki, mostly women, children and old men, were killed and 27 people wounded. The allegedly was done by order of the Commander of an SS regiment from Saloniki. This action constitutes a most serious infraction of an order on reprisal measures issued by the Commander in Chief Southeast issued with my agreement on the basis of the Fuehrer directive dated 29 October 1943.
Reports available up to now show that among the dead were 9 babies less than 1 year old:
29 children from 1 to 5; 39 old people between 60 and 90.
The competent military authorities are investigating this on the basis of the present report - senseless and irresponsible excess.
The preliminary report of our Consulate General indicates to me that German trucks were shot at by partisans at a distance of about 2½ km from the village on April 4th. No losses occurred. 2 German motorcyclists were allegedly killed later by hand grenades thrown by an Italian of the same group of partisans at the same spot. The motorcycles are said to have been brought to Clissura. As happens daily in numerous villages partisans had been quartered overnight in the village itself.
Partisans surrounded the village and forbade the inhabitants to leave the village and to use the pasture. After the last partisans withdrew on 5 April at about 1400 hours the adult men left the village, because repeatedly in North Greece and elsewhere too it happened that our side proceeded with mass shootings of the male population after the partisans had left. The men went to a neighboring village to a monastery. Women, children and old men were......
DR. LATERNSER: Your Honor, could I ask that the Prosecution read this a bit more slowly in order to enable us to follow what is being said?
MR. DENNEY: Do you have a German copy there?
DR. LATERNSER: Yes.
(note - continue reading)
almost the only ones to remain. The slaughter of those who were left began approximately at 1600 hours, and allegedly was stopped later by intervention of a Wehrmacht officer. I do not know the number of houses burned down.
The village priest was shot with his wife on the street. The house of a Greek captain fighting on our side with a group fighting the partisans was burned. All the relatives of a tailor who had worked for many years for the Consulate General in Saloniki were killed.
In view of the necessity of advancing final operations in the population, the political effects or such incidents are catastrophic. It is utter insanity to murder babies, children, women and old men because heavily armed Red bandits billeted themselves overnight by force in their houses and because they killed 2 German soldiers near the village. The political effect of this senseless blood bath doubtless far exceeds the effect of all propaganda efforts in our fight against Communism.
No matter what the end result of the investigation may be the operation against Clissura represents a severe transgression of existing orders. The shining result of this heroic deed is, it is true, that babies are dead. But the partisans continue to live and they will find quarters again with machine pistols in completely defenseless villages. It is a further fact that it is much more comfortable to shoot to death extirely harmless women, children and old men than to pursue an armed band with a manly desire for vengeance and to kill them to the last man. The use of such methods must necessarily lead to the demoralization of a genuine combat morale.
I shall follow up this affair on the basis of the Fuehrer directive dated 29 October 1943. The Reich Foreign Minister is requested by me today to inform the highest competent military authorities of my attitude and in the interest of our foreign policy in this area to ask for a most thorough investigation."
And down at the bottom is handwritten:
"you bet we'll do it!"
And handwritten over to the right:
"M has been informed that F has asked a very thorough investigation."
And on page 12 English and page 8 of the German, a communication dated 16 May 1944. This is a teletype and it appears on a teletype blank, and it bears the receipt stamp at the bottom of Army Group F, for the 19 May 1944, and this teletype is signed by Neubacher, the Special Plenipotentiary Southeast of the Foreign Office for the Southeast, and it is directed to the Commander in Chief Southeast, General Field Marshal von Weichs, Belgrade.
And it also has to do with the "Blood Bath of Klissure," and I should like to call Your Honors attention to the fact this term "Blood Bath of Klissure" is theirs, not our.
"What ever the result of the investigation may he regarding the reprisal action against babies, children, women and old men, executed in the area of Saloniki, as far as I am concerned it was certainly a flagrant violation of the directions issued by the Commander in Chief Southeast. The principles of these directions were agreed upon with me. I state further that this senseless irresponsible operation has done great political harm which will become greater the more the news of this incident, which frequently is not even believed today, becomes public.
On the basis of the Fuehrer directive dated 29. October 1943, I request the Commander in Chief Southeast to instigate a strict investigation.
Considering the political importance of this affair I have submitted a preliminary report to the Reich Foreign Minister of which I shall inform the Commander in Chief Southeast in Belgrade.
Special Plenipotentiary Southeast (Signed) Neubacher And down written at the bottom is the words:
"What is this?" "Probably puffed up," Then on page 10 of the German and page 13 of the English is a communication of 20 April 1941, which has to do with the statement of the Greek tailor Kitsis, which was referred to in an earlier report.
As I recall there is reference to this in the report from the Commanding officer of the 7th Panzer Grenadier Regiment, page 7 of the English and page 5 of the German "Saloniki 2--April 1944," and this also has Enclosure 1 to the Commander in Chief Army Group E, from the lower units.