I am referring to, so that I may show this exhibit to the witness. Is this agreeable, your Honors?
PRESIDENT WENNERSTRUM: It may be handed to the prosecutor.
MR. RAPP: I have asked the assistant Secretary General very early this morning to be sure that we have the original exhibits here. I do now know whether or not they have arrived as yet.
SECRETARY GENERAL: The Courier is on his way, Sir.
MR. RAPP: Shall I go on, your Honor, to the next question, and we can come back as soon as the exhibit has arrived?
PRESIDENT WENNERSTRUM: If you will, please.
MR. RAPP: In order to save time.
Q. Witness, yesterday you were asked whether there had been socalled "hostages camps" in Serbia, and I believe that you answered: "During my time I did not know anything of a hostage camp". Is that correct?
A. Yes, with the qualification that a collective camp of the higher SS and Police Leader in Croatia was supposed to have been in Semlin as I was told by people, but personally I did not know anything about it.
Q. If your Honors please, I refer you to document book 17, - this is NOKW 174, Exhibit 410, your Honors will find this on page 55, I believe, and German defense counsel on page 41. There again, with your Honors' permission, I would like to put the original exhibit to the witness as soon as it arrives.
PRESIDENT WENNERSTRUM: You may do so. Will you give the page again?
MR. RAPP: Page 55 of the English, your Honor, NOKW 174, Exhibit 410.
PRESIDENT WENNERSTRUM: You may proceed.
MR. RAPP: I believe the original exhibits have arrived. The first exhibit, Assistant Secretary General, I need, would be Exhibit 535.
Q. Witness, coming back in detail to your statement yesterday, I want to read that part of the document of which we are talking, and I am reading this in English and would ask the Court interpreter to translate this, because I have the English document book in front of me.
"During the operation in Belgrade", I am citing from page 22, your Honor, "against these who broke their work contract, 86 persons were arrested and transferred for labor employment to the Reich."
Witness, did you read this in the document yourself?
DR. LATERNSER: I must object to this translation. I would like to ask that the original German text be translated which reads as follows:
"Bei Aktienen in Belgrad gegen Arbeitsvertragsbruechige wurden 86 Personen festgenemmen, die dem Arbeitseinsatz im Reich zugefuehrt worden."
I would now ask for a new English translation.
PRESIDENT WENNERSTRUM: It may be handed to the translators. I do not see what way it particularly affects the witness here.
TRANSLATOR JACOBSOHN: The translation of this paragraph which is on page 22 of the English document book, and just below the center reads as follows:
"During the operation in Belgrade, against those who broke their work agreement, 86 persona were arrested and will be transferred for labor employment to the Reich."
DIRECT EXAMINATION BY MR. RAPP: (Continued) Witness, was this document which I have just show to you, signed by you?
A. No, this was not signed by me, and was not initialed by me either. I might be possible, therefore, that I never had any knowledge of it personally.
Q. Who has signed this document, witness?
A. The chief of the General Staff, Colonel von Geitner has signed it.
Q. This was your chief?
A. Yes.
BY MR. RAPP:
Q. Have you got any other explanations to this document?
A. May I say something to the concept of "people who break their work agreements?"
Q. Witness, I don't want to interrupt you, and I don't want to deprive you of the right to go on. Now, it is a question whether these people were transported to Germany for labor employment or not. Yesterday you told us no. What is your answer today, witness?
A. I could only find an interpretation that here it was a case of people who in their work in Serbia were not of sufficient value, and it may be that as a kind of punishment, since they did not want to work in Serbia, they were sent to Germany. I believe that in this case here it is an exception to the procedure.
Q. Thank you. Your Honors, the next question and document to be put to the witness is Exhibit No. 410, Document Book 17, Page 55-page 41 in the German Document Book. Page 55, Document book 17, Exhibit 410. This is the question the witness already answered that he did not know of any hostage camp in Serbia, with the possible exception of the hostage camp in Croatia which he heard about from the Higher SS and Police leader, which was supposed to have been in Croatia.
(MR. RAPP HANDS DOCUMENT TO THE WITNESS) I read from the document:
"As revenge for the surprise attack on the village of Duplja west of Weisskirchen on 30 Aug 43, in which 3 Volksdeutsche members of the Banat State Guard and one community official were murdered and the community records were set on fire, 160 communist reprisal prisoners are to be shot. The utilization of the bandit members confined in the Gross-Betschkerek hostage camp for execution and of women, so far as they are convicted bandit helpers, is approved. Completion of the action is to be reported by enclosure of one copy of the publication. Military Commander Southeast, Ia No. *4/43, sgd. Felber." Witness, do you know about this exhibit?
A. It is a document which is not counter-signed by me personally, nor is it signed by me, it only bears my signed signature. It might be possible that I had no knowledge of this document personally. In any case it cannot serve as proof. Personally I don't know anything of this hostage camp Gross-Betschkerek.
Q. Where is Gross-Betschkerek?
A. Gross-Betschkerek is situated in the Banat.
Q. I mean is it in Croatia or in Serbia?
A. No, it is a camp. That is, if Gross-Betschkerek is in the Banat, it is in Serbia.
Q. Who was the Chief of the Airway Headquarters? That is, the Commander of the Airway Headquarters in Gross-Betschkerek?
A. I believe his name was Captain Ameluneu.
Q. Weren't you personally?
A. No, it was not me.
Q. Now, what does "signed Felber" mean?
A. From time to time orders were issued which had been reported orally which, however, I could not sign personally because I was, at the time the orders was issued, officially on duty somewhere else. It has also happened that such orders were issued by my deputy, of which I gained knowledge later on. Occasionally, in the course of business, he had forgotten to tell me about it. Generally speaking, however, the order with a signed signature equivalent was an order signed by me personally. The responsibility of the whole duties in my staff I also bear, as Commander in Chief.
Q. Witness, I asked you yesterday what kind of methods were used in order to actually test that the hostages taken were so-called Communists. Do you remember this question?
A. Yes.
Q. Your answer, as far as I recollect was this: "We had no possibility for doing this because the staff of the Higher SS and Police Leader never showed their cards."
Is that right?
A. Yes.
Q. And you told us in connection with this: that "This situation from the autumn of 1943 onwards changed, "and I asked you then how hostages were taken after the autumn of 1943. And you told me "The taking of hostages took place even then only through the Higher SS and Police Leader." And then you related a story which took place in October, 1943 where you got wind of the tricks of the deputy of the Higher SS and Police Leader. Is that correct, witness?
A. Yes.
Q. If Your Honors please, we will refer to Document Book 17, NOKW-162, Exhibit No. 412 and NOKW-174, Exhibit No. 410 of Document Book 17. The first exhibit, your Honors, will be found on Page 60 of your document book. The second reference will be found on Page 56 of your document book. German defense counsel, the first reference is on page 46 of your document book; the second reference, I believe, is on page 42 of your document book. I shall read from NOKW-162, Exhibit No. 412, on page 60: "Danube Security Staff, For Information: Administrative Sub-Area Headquarters 809. Arrests of suspects from Petrovo Selo as hostages approved up to 50. Only such persons may be arrested who, if necessary, may be shot to death also. Safekeeping must be guaranteed. The liability of the hostages is to be announced publicly. Military Commander Southeast, Ia, No. 228/43 secret of 18.10.43, (signed) Felber." Witness, did you sign this document?
A. Yes, it bears my signature.
Q. Would you like to give an explanation to this document?
A. I can remember looking at this document about the taking of hostages at this place even in October 1943, and they were carried out by departments subordinate to me. That is, not only by the Police Leader. It is not a case of Communists but of hostages generally. I did not remember this fact.
Q. Witness, I asked you further yesterday in what manner executions ordered by you were carried out. You said the execution took place by a directive given to the Higher Police and SS Leader, the troops, at least in the Serbian area, did not take part in any carrying out of retaliation measures. You do not know then, witness, how the execution was in fact carried out?
A. No.
Q. Meissner, who was otherwise very open, he knew how to hide this very discreetly?
A. Yes.
Q. Can you remember these questions and answers?
A. Yes.
Your Honors, please turn first to Document Book XVII. I have references which I would like to put to the witness. This first one is NOKW 174, on page 53; it is page 39 in German; Exhibit 410. That is Document Book XVII, your Honors. The next reference is NOKW-044, Document Book XVII; Exhibit 418; that is page 102; it is on pages 73 and 74 in German. Then NOKW 675; Exhibit 429; Document Book XVIII. Your Honors will find it on page 7 of the Document Book, Defense Counsel on page 8. The first document is Exhibit 429. I shall read the paragraph I have reference to:
"Page 4 of the original). War Diary, Military Commander Southeast, Chief Ia, 1-30th April 1944:
"The hanging of the convicted bandit Jaksic in Losnica applied for by the Feldkommandantur 816 Administrative Sub Area Headquarters----"
It is in the German Document Book No. XVIII, on page 8, 9 and 10. The part I am quoting is actually on page 10. Did the interpreter find that? Thank you. I will repeat this for the record, Your Honors.
"The hanging of the convicted bandit Jaksic in Losnica applied for by the Feldkommandantur 816 Administrative Sub Area Headquarters is approved. The population is to be informed in a proper manner of the reason for the execution."
Q. Witness, do you recognize this document?
A. This document is not known to me. It seems to be an excerpt from the war diary and in any case I cannot remember to have had knowledge of these two occurrences.
Q. Have you got anything to add to what you said about this document?
A. Yes, I would think that in this special case where a bandit was clearly proven to be guilty as an especial exception the Administrative Sub Area Headquarters had asked for his execution in order to cause a corresponding impression in the population. It appeared in any case that there could have been no question of retaliation measures in the collective sense and likewise I can explain the second case of the second Sub Area Headquarters as an exceptional case concerning Mihajlovic, people who by this burning of their houses or of those people who participated in the attack, one made use of these people if the sub-marine pistol loss was not too great.
Q. You were Military Commander Southeast at that time. Is that correct?
A. Until April I was in Belgrade.
Q. Witness, were you, during that time, Military Commander Southeast?
A. Yes.
The next document, your Honor, will be NOKW 174 on page 53 of your document book; on pages 38 and 39 of the German Document Book and this is Document Book XVII, your Honor. The Exhibit number is 410. I shall read this document I am having reference to.
"To: 610th Administrative Sub-Area Headquarters:
Reference: Your teletype of 31 August 1943.
"400 D.M. reprisal prisoners are to be shot as revenge for the surprise attack on the security detachment of the 21st Auxiliary Police Company in Stragari, in which 3 members of the company were killed and 5 missing who did not return after expiration of the established time period. Reprisal prisoners lacking are to be furnished by the Commander of the Security Police.
"The burning down of Stragari as a reprisal measure is to reported in the proclamation.
"Completion of the action is to be reported.
Military Commander Southeast.
Signed Felber."
Q. Witness, do you recognize this exhibit?
A. Yes. It bears my initial.
Q. What have you got to say in connection with this exhibit?
A. The incident in itself I cannot recall. The case of an occurrence which took place on the third day of my presence in the Balkans. At that time I was not in a position to look through all these things during those first days there. In any case the contents of this order contradicts my views on these matters.
Q. Witness, you know that we are talking specifically about the manner in which retaliation measures were carried out and you told us yesterday that you did not know that, since this was a matter for the higher SS and police leader. I am talking here not specifically of the ratio which has been used here. Do you understand me, witness?
A. Yes.
Your Honors, turn now please to page 102, Exhibit 418, NOKW-044; it is on pages 73 and 74 of the German Document Book.
MR. RAPP: Your Honor, this is a rather voluminous German document, and I am trying to find for the witness the part I have reference to, and I beg Your Honors' indulgence for one minute, possibly.
THE PRESIDENT: Take your time.
MR. RAPP: I am having reference to the daily report under the 22nd November 1943. Do the interpreters have the reference on pages 73 and 74 of the German? Thank you.
This is a copy of a teletype, Military Commander Southeast, dated 22.11.43, Daily report 22.11.43, Serbia.
"According to Serbian sources no signs of DM and circles close to him breaking with the allies are recognizable. The continuous attacks on German Wehrmacht automobiles on the main road northwest of Kragujevac are carried out by Cetnik band which wishes to force the release of band members captured by the Serbian Volunteer Corps. These will be hanged on the spot in the course of reprisal measures."
Q Witness, during this time which appears here in this document, the date, were you at this time Military Commander Southeast?
A Yes, in November I was Military Commander Southeast.
Q Just a minute, Witness, and how long had you been Military Commander Southeast at that date?
A Three months.
Q Now, what can you tell us in connection with this document?
A I recall, this incident, I believe, this section here was part of a road, a main road from Belgrade-Nish to Greece, where again and again at the same spot in certain periods surprise attacks on motor cars, and bandits of the Wehrmacht took place, and I believe it is possible that here in order to make an example, DM bandits were in fact hanged at this spot, but this can only have been an exception. Personally, details regarding this case are not known to me.
Q Witness, on the basis of the exhibits which you have now seen, the Military Commander Southeast was informed about the methods regarding the carrying out of the executions, is that correct?
A Yes. Yesterday I understood the question differently. I took it to mean whether we were informed especially in regard to the execution in detail of the liquidation by the SS and Police Leader, whether we had a detailed picture of this.
Q Thank you, witness. The next complex of questions refers to the burning down of houses or communities. I asked you yesterday, did you at any time order the burning down of houses as a retaliation measure, and you told us that as soon as you arrived in Belgrade a request for retaliation measures had been submitted to you by the Higher SS and police leader, 800 hostages were to be executed and a village was to be burned down, and you were successful, according to your statement in preventing this. You thought it possible, however, that within the area of the Bulgarian units occasionally houses could have been burned down; but you did not know whether in connection with other units houses were burned down or whether houses were burned down after the threatened burning down, but prevented by you. Witness, is that correct, what I am repeating here?
A Yes, only I don't quite understand the last sentence.
Q You said yesterday, didn't you, that you were in a position to prevent a mass execution and the burning down of villages, is that correct, Witness? You then said -- would you like to speak a bit louder, witness. What did you say? I asked you in my question, which the interpreter probably missed, whether it is correct you prevented these mass executions which comprised the burning down of a village?
A Yes.
Q And you then said whether later on, that is after this date, burning down of houses took place here and there I cannot say; is that correct, witness?
A Yes.
Q But especially within the sector of the Bulgarian units I believe it is possible, is that correct, witness?
A Yes.
MR. RAPP: If Your Honors will turn please to Document Book 17, NOKW 170, Exhibit 414, Your Honors will find on page 63, and German Defense Counsel on page 48, -
JUDGE BURKE: Are you referring to NOKW Document 17 or 174?
MR. RAPP: 170, Your Honor, one seven zero.
I shall read the part I have reference to. Do the interpreters have the German pagination?
"Propaganda Section Southeast." I beg your pardon, that is on the other page, Your Honor.
This one is the 3rd Kommandantur 610, 24481.
"The murder of two customs border police near Selac has been compensated for by the operation of the 6th Auxiliary Police Battalion on the 19th and 20th, October 1943, in which 7 Serbian villages were burned down and a considerable number of persons shot to death. The result of the operation is to be published in a direct reprisal measure for the murder of two German customs border police.
Military Commander Southeast."
signed "Felber."
Q Witness, were you at that time Military Commander Southeast?
A Yes.
Q What do you have to say in connection with this document?
A I read from this document that this is a case of spontaneous action by the auxiliary battalion of the police, that is, units of Meissner's. It is not quite clear, perhaps in battle persons were shot during this action and even sever Serbian villages were burned down or were supposed to be burned down. I believe from this term "abgegolten", that I looked upon this case as concluded, and did not continence any other reprisal demands within the framework of the collective order, since the last paragraph especially points to a retaliation measure which had already taken place. May I add in explanation that at that time -- that is, the 27th of October, 1943 -- a considerable battle took place between the Police Leader and Himmler on the one hand and my person on the other hand.
Q Thank you, witness.
MR. RAPP: If your Honors please, I would like to refer you now again to Exhibit 410 in Document Book XVII which we had used previously for a different purpose. It is to be found on Page 54 of Book XVII, Exhibit 410, and Page 440 in the German Document Book XVII.
At this time, your Honors, I am reading again this document into the record for the purpose of establishing the burning down of the village mentioned in this particular connection. Previously, we concerned ourselves in connection with this order with the shooting of 450 Communist suspects. I shall only read that part which has direct bearing on the particular question:
"To 909th Administrative Sub-Area Headquarters, For information of the 1st Royal Bulgarian Occupational Corps, 2nd Panzer Army," also "For Information of 2nd Panzer Army:"
"A total of 450 Communist suspects are to be shot and one bandit village is to be burned down after safeguarding of the economic goods for the surprise attack on the German Harvesting Detachment, etc." Signed: "Military Commander Felber."
BY MR. RAPP:
Q Witness, I believe we submitted this document to you previously in connection with the shooting of 450 Communists. Now, I shall refer to the burning down of this village. Do you understand me, witness?
A Yes.
Q Have you anything to say to this document as far as it concerns itself with the burning down of a village?
A Yes, I cannot recall this burning down of the village. It is apparently a measure which took place on the 2nd of September. That is three days after I took over the command.
Q Witness, the next complex question concerns itself with the so-called "executive authority", I asked you yesterday "In which territories did you have executive authority," and you answered: "Regarding the concept of executive authority, I had no clear view; from Army Group H at the end of September I got the executive authority for Serbia."
You stated that the concept of executive authority was not very suitable for the Southeastern area. My sphere of work coincided with that of Army Group F, speaking purely geographically. There was no organization as is usual in other cases into the battle area and the rear area -- everything was an operational area.
I then asked you whether I understood you correctly in this respect, that neither you nor the Supreme Commander of the Army Group F, the defendant Weichs, had executive authority until September 1944. You said this did apply insofar as you knew, that this was not expressly ordered by the OKW.
Thereupon I asked you, summarizing, whether the situation did at any time change concerning the executive authority before September 1944 and your answer was "No."
Was what I have said just now correct, witness, as far as it refers to our examination yesterday?
A Yes.
MR. RAPP: If Your Honors permit, I would like now to refer to a series of documents and the first one, your Honors, Document Book 17, is NOKW-1471, Exhibit 423, page 124. I would like to pause for one second, your Honors, and try to help defense counsel find this particular document. This is the document I gave Dr. Laternser one day and asked him to be so kind and distribute it to you gentlemen so I don't have any pagination of that particular document in German, but it should follow the very last page of the German document book No. XVII; that is, it should commence with page 89 in the German.
Is that correct, Dr. Laternser?
Thank you.
The next documents, your Honors, I have reference to is Exhibit 423 of Document Book XVII. You will find this, your Honors, on page 123 -in defense counsel's on page 89; and then, finally Exhibit 297, NOKW-1523in Document Book XII. I do not believe your Honors probably have Book XII present but we will use the exhibit from the assistant secretary general. That was Exhibit 297, NOKW-1523, Page 75 in the English and Page 66 in the German.
The first document I have reference to, your Honors, is Document 1471, Exhibit 423, page 124. I do not know the German pagination. I am quoting from page 84 of the original. I believe you will find that in the German Document Book it says, "Page 84" of the original. Now I shall only quote one paragraph from this particular Fuehrer order. It is from the OKW, that is, the High Command of the Armed Forces, dated 21 December 1943, Top Secret, Standard Order of Procedure for Military Commander Greece, and it says, under paragraph 2, your Honors:
"Military Commander Greece exercises, by order of Military Commander Southeast, executive power in Greece, including the part occupied by Bulgarian troops so far as he has been authorized to do so."
Q.- Witness, were you at that date, when this executive order was issued Military Commander Southeast?
A.- Yes, I was.
Q.- Can you give us some explanation to this letter?
A.- I remember that these official directives which on our suggestion at the beginning of September, -- our suggestion was at the beginning of September, -- were issued by the High Command of the Armed Forces at the end of December. The contents regarding the figure 2 mentioned here, are not within my recollection. It is so rarely that executive power is ordered so clearly, that I cannot really understand, in my recollection, why only in September, 1944, were we expressly given the executive power by the Army Group for Serbia.
Q.- Witness, did you at any time during you tenure of office as Military Commander Southeast,-did you see this or a similar order at that time?
A.- I can only remember that these official directives were issued to all subordinate commanders, but I cannot recall the contents in detail today.
Q.- Thank you very much, witness.
The next document, your Honors, I have reference to is Exhibit 297. It is in Document Book 12, it is NOKW-1523, and it is called, "Fuehrer Order No. 48". It is dated 26 July 1943. It starts out on page 75 of the English and on page 66 in the German, in Document Book 12. I shall cite however, only that part appearing on page 80 in the English and page 71 in the German.
I would like to give the witness one moment to read this, if Your Honors permit.
I shall now read the part I am having particular reference to. It is a so-called, "Fuehrer Order," marked "Top Secret", OKW Wehrmachtsfuehrungsstab, Operation No. 66, 1637/43, Top Secret, by officer only:
"Fuehrer Headquarters 26 July '43. Directive No. 48". I cite from paragraph B-1, on page 80:
"In the zone of operation in Serbia and Croatia, Commander in Chief Southeast delegates the authority rested in him to exercise executive power to military commander southeast, the latter employing for this purpose in Croatia the Commander of German Troops in Croatia."
A.- For this particular question, only this part will be necessary to quote at this time.
BY MR. RAPP:
Q.- Witness, has this letter been known to you?
A.- I found it when I took over my duties.
Q.- It was only a few days prior to your assuming your duties?
A.- No, according to the date it must have been about a month prior to that.
Q.- What can you tell us in connection with this Fuehrer order, so far as it concerns executive power which, in your view, or according to your statement, after September, 1944, did not at all exist?
A.- In this Fuehrer order, executive power has clearly been ordered but to the Commander in Chief Southeast. If in July already mention is made of the Military Commander Southeast, who was to us in Croatia, the Commander of the German troops, that is an order which in practice, at least, was not carried out.
I recall also that the last sentence of this Fuehrer directive, that the regulations were cancelled which were in contrast to this Fuehrer directive. As we found out later, it did not apply to the area of the Higher Police and SS leader, who as heretofore - the directives concerning his area of command, in agreement with Himmler, which we expressly ascertained - he carried out these orders. How clearly this executive power was ordered, I cannot recall today.
Q.- Thank you, witness.
If I may suggest to your Honors to call the recess now, then we won't get the question and answers split between now and adjournment.
PRESIDENT WENNERSTRUM: Very well, we will have our morning recess at this time.
(A recess was taken until 1115 hours.)
Q. Just a minute, witness. This is the "Commander-in-Chief Southeast.
(High Command Group F) War Diary Headquarters 30.10.43." (Signed by the defendant Foertsch).
"To distribution:
"Enclosed find draft of the basic order regarding the command authority in the South east area."
And, then a distribution, and I believe the witness may possibly be in a position to make some comments to the entire document having direct bearing on the question I have put to him. Witness, will you now please give us your comment.
A. I did not know of the existence of this. I may have known of the existence of this document from looking at extracts but the distribution does not show my office. The order itself contains clear definitions about the relationship, the subordination which I cannot recollect having so clear an order in existence.
Q. Is that all, witness?
A. Will, the individual items be discussed?
Q. No, witness, now. If you have to make any comments to this make them now.
A. In that case I would like to point out that in this order under Figure 2, under paragraph "e", the Military Commander Southeast regarding all questions of security of the country is subordinate to the Military Supreme Commander Southeast.
THE MARSHAL: The Tribunal is again in session.
MR. RAPP: The next document we concern ourselves with Exhibit 351, NOKW 1010, Document Book XIV, page 89; that is page 65 in the German Document Book.
Q. Witness, I asked you yesterday, what, in your opinion as a military commander Southeast, was the difference of your official instructions and the official instructions of the then Field Marshal Weichs, Supreme Commander of Army Group F, as much as you know of it, in your capacity as Military Commander Southeast, in your official capacity. You said the Supreme Commander Southeast was responsible for the the whole military area of the Southeastern theatre, and "my responsibility was limited primarily to especially the security and the maintenance of law and order; secondly to the administrative work in the Southeastern area." Is that correct, witness?
A. Yes.
Q. Please, read that for about a minute or so.
Q. Did you have enough time now to look through this document?
A. Please, your Honor, May I have another moment.
Q. Yes, go ahead.
THE PRESIDENT: I believe the witness is ready.
Q. Witness, in connection with your statement yesterday and what you now read, is there anything you have to say and I'd like to point out to you specifically the following paragraph which I am about to read to you so that if it is possible, and if you can do it, you can give us explanations on this.
Q. May I---