May I direct your Honors' attention to the phrase "a corresponding number of hostages from the population will be called to account from time to time."
Next the report from Administrative Headquarters Joannina, dated 4 October 1943, reference: operation Serwiana-Aetorrachi, the report sent to the 1st Mountain Division, the Ia, or Operations Officer.
"The operation was carried out today as ordered. Motor transport to Serwiana without special occurrences. At 0530 hours near Pt. Ilias, three and half kilometers southeast of Serwiana, Company Progl was shot at by 2 light machine guns and about 10 riflemen. The bands defended themselves from summit to summit in a delaying way, so that the Company reached Aetorrachi only at 1000 hours. The enemy resistance was especially strong on the height 1058, 1 kilometer west of Aetorrachi there were also entrenchments. The enemy resistance was broken by the use of an Infantry gun and trench mortar. Aetorrachi was largely evacuated by the population, whose retreat towards the east into the Arachthes valley could be observed, not however combatted as the distance was too large. Along the line of the height 1058 to 851 the bandits used 6 light, 1 heavy machine gun and an 8 centimeter trench mortar.
The villages Aetorrachi, Rawnes, Skala, Keyfowen were destroyed and burned down. Of about 30 persons some were killed in combat, some were shot to death. The same number was captured and delivered to the prisoner collection point."
Turning next to page 128 of the English, 143 of the German, I believe the intervening reports are similar to those which we have already read into the record. They contain a good deal of operational and tactical matters, which are of no particular importance in view of the other documents which have already been introduced.
This is on page 138 of the English and 143 of the German, as a report to the Corps Headquarters, XXII Mountain Corps, for the 5th of October, 1943.
"South Albania:............
The area east of the road Jannina - Filippias up to Archtes valley in principle cleaned of bandits. All villages burned down in order to deprive, the bandits of a means of livelihood" Next the report of the 1st Mountain Division to General Lanz:
at XXII Mountain Corps Headquarters, dated 6 October 1943:
"In the area southeast of Arta the 2nd Company of the 54 Artillery Battalion burned down 2 villages as reprisal for the activities of bands during the last few days".
Next is the report of the 1st Mountain Division. I beg your pardon, special instructions of the 1st Mountain Division, dated the 5th of October, 143, section of the order dealing with hostages:
"In so far as hostages are taken from the prisoner collection camp for truck trips, they are to be returned to the prisoner collection camp immediately the trip is terminated. The unit which collects them is responsible for their being guarded."
The order is signed for the Divisional Battalion Headquarters the 1st General Staff Officer. The distribution list of the order is indicated as having been in draft.
Next on page 129 of the English, 145 of the German, is a report from Secret Field Police Group 621:
"Command at the 1st Mountain Division," This report is dated 5 October 1943, and relates to the operation in connection with the murder of Lt. Colonel Salminger, the Regimental Commander subordinate to the 1st Mountain Division.
Your Honors will recall that on page 104 of the English, and page 127 of the German, in a corps order of the day, dated 1 October, 1943, GeneraL Lanz said that he expected that the 1st Mountain Division would avenge the nefarious bandit murder of the regimental commander Salminger. This is a report now dated 5 October 1943, four days after General Lanz's order with reference to the same affair.
"Subject: Surprise attack by bandits on Lieutenant Colonel Salminger and the ensuing operation with Captain Eisl into the eastern territory of bands around Klisura."
In the night of 30 Sept/ 1 Oct. the bandits had committed acts of sabotage on the telephone lines. For a distance of about 6 kilometers they had cut off, hacked off or blown to pieces the telephone poles. The bridge security across the Lures stream had been kept under fire by the bandits. About 4 kilometers away from this bridge security the bandits had fastened 4 telephone wires across the road and furthermore had used a telephone pole to block the road. The car of Lieutenant Colonel S. ran into this blockade at full speed and as a result of the rebound, skidded into the Luros stream. He was found in the water about 50 meters below the wire blockade since at this spot the stream was dammed up artificially by shrubbery and stones, the dam was cleared away and the water let out. The car had received a shot in the hood and on the right side of the windshield. The driver of Lieutenant Colonel S was found dead under the car, he had a shot in the abdomen and his left half of his face was smashed in by the accident. Both persons were recovered and brought to Pravesa by the unit."
THE PRESIDENT: The Tribunal will be recessed at this time.
(A recess was taken until 1330 hours.)
Court No. V, Case No. VII.
AFTERNOON SESSION The hearing reconvened at 1330 hours.
THE MARSHALL: The persons in the Courtroom will be seated.
The Tribunal is again in session
THE PRESIDENT: Mr. Fenstermacher, before you commence your presentation of further documents, the Tribunal has certain rulings to announce.
The first ruling is in connection with the application by defense counsel for approval of a trip to the document center, War Department, Washington, D.C., and the main portion of the ruling is as follows:
"The Tribunal has under consideration the application of the defendants for permission to send two commissioners to Washington, D.C., for the purpose of examining original documents stored there from which excerpts and parts of documents have been offered in evidence in support of the allegations of the indictment by the prosecution.
"We find that the statement of the defense is true to the effect that certain excerpts and parts of documents taken from the captured War Diaries of the German Army have been tendered and received in evidence by the prosecution. We find also that the War Diaries, or so much thereof as was captured by the American Army, have been transported to Washington, D.C., or its environs. We find also, as alleged by the prosecution, that a large number of documents in excess of those received in evidence, have been made available to the defense.
"It is the considered opinion of this Tribunal, however, that a right exists on the part of the defense to examine any or all of the portions of the War Diaries and documents from which excerpts and portions of documents bearing upon the "same subject matter have been taken, more particularly described as the War Diaries of the 12th Army and the Army Southeast, Army Group F, Army Group E, 2nd Panzer Army, and corps and divisions subordinate thereto; and that such right of examination is not adequately protected by the assertion of the prosecution that "it has been constantly emphasized to members of the prosecution's research staff in Washington that photostatic copies of all documents having a substantial bearing on the case, whether helpful or harmful to the defense, must be sent to Nurnberg.
The statement constitutes an insufficient answer to the application for two reasons: (a) the defense is not obliged to rely upon the judgment of the prosecution and its research staff as to whether any document or portion thereof has any substantial bearing on the case, and (b), that it would be impossible for the prosecution and its research staff to properly appraise the credibility and relevancy of such material without knowledge of the precise defense to be made to the charges of the indictment.
"It is the order of the Tribunal, therefore, that the War Diaries, documents and instruments from which documentary evidence has been taken and offered in evidence by the prosecution be made available to the defendants (a) by permitting an examination of such documents by designated representatives of the defendants in Washington, D.C., or (b) by transporting such documents to Nurnberg for examination by the Defense, or (c) for failure of the United States to so do, it will be presumed that the evidence withheld which could have been produced or made available to the defendants, would be unfavorable to the prosecution."
The following ruling is also presented for the Tribunal in connection with an application for the production of War Diary of the LXIX Reserve Army Corps from August 1943 to March 1944.
"Upon consideration of the above referred to application the tribunal finds as follows:
"That Article IV, subsection F, of ordinance 7 of the military government of Germany, relative to the organization and powers of certain military tribunals, is as follows:
"A defendant may apply in writing to the Tribunal for the production of witnesses or of documents. The application shall state where the witness or document is thought to be located and shall also state the facts to be proved by the witness or the document and the relevancy of such facts to the defense. If the tribunal grants the application, the defendant shall be given such aid in obtaining production of evidence as the tribunal may order."
"The tribunal further finds that in the application as presented there is no statement set forth as to what state of facts are sought to be proved by the document sought and as to their relevancy as bearing upon the defense of the defendant, Ernest Dehner.
"The tribunal therefore finds that the application of the defendant, Ernest Dehner as made by his counsel, Hans Marx, under date of June 24, 1947 should be denied."
Dated this 14th day of August, 1947, and signed by the members of the Tribunal.
I am handing the original of these two rulings to the Deputy Secretary General.
You may proceed, Mr. Fenstermacher, with presentation of further documentary evidence.
MR. FENSTERMACHER: If it please the Tribunal, prior to luncheon recess, we were working at a report of the Secret Field Policy Group 621 which referred to the attack made by bandits on Lt. Colonel Salminger, the Regimental Commander subordinate to the 1st Mountain Division, which was in turn subordinate to the XXII Mountain Corps under the command of the defendant Lanz.
I think we were on page 131 of the English and page 145 of the German. Continuing on the bottom of page 131 of the English, page 146 of the German, with the report:
"The place from which the bandits had fired on the car, could also be determined. Several empty cartridges were found there, they ware of Italian origin.
"On 1 Oct 43 the headquarters of the secret Field Police was notified by the Ic of the 1st Mountain Division that on the state road Jannina - Arta, Lieutenant Colonel Salminger had been attacked by Bandits and had been kidnapped. The attack was carried out on 1 Oct between 0200 and 0300 hours about 3 Kilometers north of the Village Klisura. At a conference with the Ic the latter ordered that confidential agents be sent into the bandit territory of Klisura to determine the whereabouts of the kidnapped Lieutenant Colonel S. The same day a spy was sent into that area. Up until today no trace of this person has been found and it must be assumed that he was captured by the bandits. Furthermore the Ic ordered, that a member of the Secret Field Police, able to speak the Greek language, was to be assigned to the battle H.Q.s of Captain Eisl in Klisura, in order to interrogate on the spot prisoners captured during the coming searching operation, and possibly to send out spies (A-Persons).
"On 1 Oct 43 the undersigned was assigned to the cattle H.Q.s of Captain Eisl and arrived at 1330 hours at Klisura, Captain Eisl to whom I reported, notified me, that Lieutenant Colonel S. was not kidnapped, but had been found dead during the morning. The immediate examination of the place of the accident gave the following results:
Court No. V, Case No. VII.
"As Captain Eisl had to undertake a further operation into the eastern part of the bandit territory of Klisura and as my orders ordered me to interrogate the captured prisoners on the spot and to sent off spies, I participated in the operation. Already in the evening of the 1 Oct 43 we could determine from the battle H.Q.s Klisura, that in the mountains in the east there was a lively patrol action on the part of the bandits. Captain Eisl could not give an order to fire because the distance was too great.
"On 2 Oct 43, 0500 hours, the march into the eastern mountains commenced. The villages N Kura, Gorgomyles, Markates and Muliana which had already been burned down during a former operation has been abandoned by the population. In the mountain range situated east of these villages however, human beings in flight could be seen. However we could not determine whether they were bandits of civilians. Captain Eisl however ordered the mountain riflemen to shoot on the persons in flight: hits were observed. As a result of the combing out of the villages mentioned, Athanasies Stasis a Greek was captured and interrogated. He refused to make any statement; but drew attention to the fact that further east a great many bandits were grouped. In agreement with Captain Eisl, he was used as a guide. In the village of Akmotopos he tried to escape, and was therefore shot to death. When the Germans approached the village of Akmotopos, they received fire from both sides, when the fire was returned, the bandits fled. A heavy maching gun and a light machine gun entrenchment were discovered. From this village too, all inhabitants have gone into the mountains. The houses are being burned down, the "cattle which cannot be used by the troops, is being killed, in order to prevent the bandits from seizing it later on.
From this village a patrol unit was sent in a southerly direction. This unit encountered 15 civilians who did not stop when challenged and therefore were shot to death. When searched neither arms nor papers were found. On its way back, this patrol unit arrested the Greek woman Maria Sofu, she refused to make any statement and did not even give her native village. She was also shot to death.
"On 3 Oct 43 the operation was continued in a northerly direction. The high plan of N Kura was crossed. Shortly before Anogion newly constructed bandit positions were sighted, which however were not occupied. During the continued course of the operation the villages Agios Georgios and Rapsai, which had also been abandoned by the population, were burned down. In the last named village a prisoner, who had hid himself in a cellar of his house was captured, since he refused to make any statements, he was shot to death. This Greek was the miner, Stefan Vrissos.
"4 Oct 43: The operation was terminated on 3 Oct 43. At the oral report at the 98th Regiment Captain Eisl asked for the cooperation of the undersigned. On the same day I returned to Headquarters since my task was completed.
(Signature)
Olbricht" Next is the report from the Secret Field Police Group 621, Local Headquarters, 6 October 1943, to the Ic of the 1st Mountain Division, which in turn sends a report on to the XXII Mountain Corps.
Your Honors will note in the lower right hand corner of the document the receipt stamp of the XXII Mountain Corps Headquarters dated 10 October 1943, page 134 of the English and 141 of the German:
"Enclosed report of the Secret Field Police Jaannina for information and request to return after use."
And the XXII Mountain Corps returns the report on the 11th of October 1943;
"and with permission of the 1st Mountain Division sent back after acknowlegdement for the General Headquarters Commander of the General Staff," And it is noted, "Received 12 October 1943."
We now turn to page 136 of the English, 149 of the German, document NOKW 864 which becomes Prosecution Exhibit 455. This document is a series of reports from the 1st Mountain Division to the XXII Mountain Corps. The first page of the document contains: File Notes for the Commanding General, and the date is 19 October 1943, written in hand:
"Arrests in the Divisional Area: 766 persons
A) Of these were released 390" Because of inability to prove aiding and abetting of bands 40 After having served short term jail sentences 137 Hostage in whose places of origin no more bands appeared 213
b) For labor employment in Germany Deported 160 persons Reason:
suspected of being members of bands and unable to show place of work.
"Of which there are at present still in the prisoner collecting camp Florina 56 Labor employment in territories not endangered by bands 40 persons
c) Shot to death:
Paramythia: Reprisal measure for 6 murdered German soldiers 58 Thereakision:
Reprisal measure for murder of Lt. Col. Salminger 14 Arta, Klisura:
Suspicious elements near the localities where attacks had occurred (about) 30 Joannina City:
4 Total 106 persons 2 Jews and 1 Greek hanged in Florina in reprisal for 2 murdered Germans (names:
the brothers Batis and Vakucopulo. All were arrested for aiding and abetting bands) 1 Greek shot to death for attempted sabotage on bridge near Sulopulon.
d) Of the civilians prisoners, approximately 200, taken over from the Italians, 195 were released. At this time still being held for aiding and abetting bands 5
e) Still detained 70 persons Of these 70 persons, 14 are hostages and 5 are prisoners taken over from the Italians.
Remainder "of prisoners:
Interrogation not yet concluded or serving short term jail sentences."
Page 138 of the English and 149 of the German is the Unit Evening Report for 19 October 1943 of the 99 Jaeger Regiment, which was subordinate at this time to the 1st Mountain Division.
"8 bandits captured by reconnaissance patrol from Kanallakion to point 402/45. 4 shot to death. 1 priest, who was with the bandits, shot while trying to escape."
Turn next to page 139 of the English and 150 of the German; I direct your Honors' particular attention to this order. It is an order of the 1st mountain Division dated 25 October 1943:
"Special directives pertaining to Intelligence Work No. 9:"
Your Honors will recall at this time the 1st Mountain Division is subordinate to the XXII Mountain Corps commanded by the defendant Lanz. Earlier this morning I asked your Honors when we were considering page 83 of the English Document Book, page 109 of the German Document Book, Document 1104, which was offered as Prosecution Exhibit 451, to note the date of that particular order of the 1st Mountain Division which was 13 September 1943. It, too, contained special instructions for the Ic area and in that order there was a directive that ten Greeks be killed for each German soldier wounded and killed by insurgents or civilians. I now refer to this order on page 139 of the English and 150 of the German dated a little bit more than a month later than the first order, this one dated 25 October 1943, an order by the same 1st Mountain Division subordinate to the defendant Lanz.
"Orders issued up to now are changed as follows: (a) If a member of the German Wehrmacht is killed by either attack or murder in a territory considered pacified, 50 Greeks (male) are to be shot for 1 murdered German. Application for the order of execution is to be made through the Military Commander of Greece," Your Honors will recall at this time, 25 October 1943 the Military Commander of Greece was the defendant Speidel.
"who represents the executive power via the Divisional Ic. The unit will safeguard the corresponding number of hostages until the decision arrives.
"b. The decision regarding executions for losses in band combat is made by the competent troop commander. Here also the ratio is 1 to 50. The ore-requisite for the order of execution is indubitable proof that the population of a village has participated in hostile action against the German Wehrmacht. In addition, the villages are to be destroyed.
"c. It is expressly prohibited to ravage villages merely because members of the German Wehrmacht have been shot at from there. The bends frequently follow the tactics of making peaceful villages suspected of being accomplices of the bands so that they may gain recruits from the population which fears German reprisal measures.
"d. The indigenous copulation may be used for the protection of military installations or of these important for the war economy. They are to be made responsible for guarding these installations under the threat of corresponding compulsory measures if they refuse.
"e. The execution ratio of 1 to 10 is ordered in the case of a murder of a pro-German Greek or a Greed working for the Germans.
"2. The German Reich has recognized the independence and liberty of Albania. It is the task of the German Wehrmacht to establish good relations with all loyal Albanians in the interest of a beneficial cooperation. A national Albanian committee has taken over the political leadership of Albania. Together with German authorities, this committee is trying to restore order in the country. The German General Plenipotentiary in Albania, with his office in Tirana, has been appointed as a military authority, with a joint staff, the military commander in Montenegro. Political directives will be issued to him by the special Plenipotentiary of the Fuehrer for Balkan questions.
"3. Escaped and recaptured prisoners of war may be punished only by disciplinary measures. Shooting to death is in contradiction to international law. However, they are to be treated as franc-tireurs if they carry weapons or if they resist recapture.
"4. All prisoners of the enemy Air Force are to be transferred without interrogation to the Divisional Ic for transfer to the competent Luftwaffe authority. All captured documents are to be sent along under seal. All enemy airplanes making emergency landings in the Divisional area, which still contain exploitable instruments are to be guarded by the unit. Any dismantling is to be stopped by all means. The exact location is to be reported to the Divisional Ic.
"5. Subject: Burial of executed, people: It has happened repeatedly that people shot to death for reprisal measures have been uncovered by heavy rainfall. The burial of people shot to death has to take place in prescribed graves."
And the order is signed: "For the Division Hqs.
1st General Staff Officer" The time of this order is 25 October 1943.
1st Mountain Division was subordinate to the XXII Mountain Corps in command of the defendant Lanz. The XXII Mountain Corps in turn was subordinate to Army Group E which itself was subordinate to Army Group F commanded by the defendant Weichs and his chief of staff the defendant Foertsch.
Next on page 142 of the English and 152 of the German, a report of the 1st Mountain Division to the XXII Mountain Corps dated 27 October 1943:
"Preliminary Report on Successes and Captured Material:
Material Captured:
2 heavy maching guns 5 light machine guns numerous rifles (destroyed) approximately 100 rounds of infantry ammunition 40 enemy dead 3 prisoners (shot to death) About 40 villages burned down."
Next on page 143 of the English, 152 of the German, a report of the Combat Group von Hirschfeld to the 1st Mountain Division. The report is dated 28 October 1943 and the receipt stamp is 1st Mountain Division and indicates the report was received at the Divisional Headquarters a day later, on the 29th of October 1943.
"Report of Enemy Situation in the area of Combat Group v. Hirschfeld during operation 'Tiger'. The bands fought in this area in civilian clothing. Mostly they wore blue riding breeches and high boots. All villages along the Arachtes Valley were destroyed. Almost all houses contained supplies of ammunition."
Finally, the report of the 1st Mountain Division to XXII Mountain Corps Headquarters of the 28 of October 1943:
"Enemy - about 100 men strong withdrew from Krania (70 km. north northeast Metszon) in a general northern direction at the approach of our troops. The ammunition dump there was evacuated as much as possible. The village was burned down. 12 men arrested as hostages for cable sabotage in Vangalati (10 Km Northwest Konispol)."
The report is signed: "For Division Headquarters The First General Staff Officer" We turn next to page 145 of the English, 154 of the German, Document NOKW 1133 which becomes Prosecution Exhibit 456.
This is again various orders from the 1st Mountain Division to its subordinate units. The first is dated 20 October 1943.
"For the formation of the convoy the following are to be detached: ..............
The remaining personnel is to be taken from the prisoner collecting camp Braja."
And the order for 1st Mountain Division for 23.10.43.:
"Subject: Formation of an auxiliary carrier-company for Mountain. Main Assembly site 'Tiger'.
1.) Company consists of 60 Italians. Leader: P.F.C. or corporal of the Medical Corps."
If your Honors please the report now relates to the first order directing that personnel for this convoy be taken from the prisoner collecting camp at Braja.
"2.) Collection of the 60 Italians with trucks. Divisional supply leader from the prisoner of war camp Braja. Detachment detailed to collect to report on 24.10 at 0600 hours to the advance massage center von Eyb, Joannina.
"3.) Equipment of the Italians. Each man must at least have one field-pack.
"4.) IVc detail at least 6 pack animals for the transportation of the wounded. Collection by the Italian carrier company from the horse Assembly Point Joannina by 24 Oct. 08.00.
"5.) Weapons and equipment department provides the improvised pact and saddle equipment (local-type saddles.) Fitting of saddles on the pack animals, in the arsenal after the horses have been collected.
"6.) Provisioning: The carrier company is dependant on the Mountain. Main assembly site for food supplies. When assembling it is to take along food rations for 3 days."
The order is signed, "For Divisional Hqs.
The second General Staff officer."
Turn finally to page 147 of the English and 156 of the German, Document NOKW 959, which becomes Prosecution Exhibit 457. These are various reports from subordinate units, with General Lanz as Commander of the XXII Mountain Corps. The first is a report from the Mountain Jaeger Field Replacement Battalion 79, to 1st Mountain Division, received 1st Mountain Division on 6 November 1943.
"Report on the Band Situation in the Area of Korca
1.) Band Area I, Dibar, Labinoti, Qävemolle, Approximately 200 bandits coming from the direction of Dibar attacked the town major's office Xicevo and kidnapped the staff (45 kilometers North of Orid Ochridasee) on 1.11.
at 0530 hours.
. . . . . . . . .
2.) Band Area III. Voxkopje, Vithuqi.
According to reports by confidential agents about 200 to 300 bandits are said to have spent the night from 2nd to 3rd November 1943 in Goskova - Vlocan Melcan (10 kilometers West Northwest Korca). I, Battalion/Brandenburg thrust ahead toward Voskop (9 kilometers West of Korca) on 3.11. It met strong resistance. Voskop was burned down, 30 persons between the ages of 18 and 60 were shot to death.
4.) The Battalion requests information whether the 8 hostages, held for interpreter Walter Jennewin (report of 31.10.43) may be hanged.
Ic ko (handwritten initials)" Next the "Report on total Captured Material III.
/Mountain Infantry Regiment 98 "Puma" November '43/2000 hours.
8 villages destroyed among them main base point district Points 422, 530, 536.
1 tent camp near 530 destroyed."
The various losses are listed. I think we need not spend any time on those.
Continuing on page 148 of the English, 151 of the German, a report from the 1st Mountain Division dated 4 November 1943 to Corps Headquarters XXII Mountain Corps:
"The villages of Dragumi (6 kilometers southeast Paramithia) taken against strong enemy resistance. Bandits retired to the gorges, to the west and southwest; village was burned down."
The next is Evening Report of the Unit:
"Mountain Infantry Regiment 99: The village of Dragumi taken against strong enemy resistance at 1400 hours. Enemy forces about 200 men strong, 1 light machine gun, 1 heavy machine gun. Neither men nor animals found in the village. Bandits retired to the gorges west and southwest. When marching off the enemy again pressed after us. The village was burned down."
Next is the evening reports of 4 November 1943, I, II, III battalions of the 99 Regiment:
"Statement of the bandit leaders reported captured in last night's reports:
1.) Zervutochis Konstantino, 51 years old and born in Alexandria, (Egypt) Statement:
I am an insurgent but I did not carry any arms. I only advised Papos regarding the organization of the band. Papos frequently came to my house. I was an insurgent only as long as the Italians were here because I wish to remain a Greek always. If I knew that the Germans would remain here for a longer period I would again become an insurgent, but since I know that they will remain only a short time, I will not be a bandit.
2.) Mathisani Georgo, 46 years old and born in Templona on the Island of Korfu.
Statement: I was with the Papos Band but I was not the Deputy of the insurgent leader. I was in charge of the supply (rations, fodder, ammunition and arms). (Marginal note: With the word when?) I only know that Serenedis, the deputy of Papos, who was born in Potamos and another Rebel Leader Giovanni, as well as Koshinos, Kuranades, are said to be on the Island.