"The following 13 villages were destroyed:" -- and then they list the villages.
"Since these measures of force were used, surprise attacks and acts of terror have almost ceased. On 3 Sep 44 the inhabitants of the towns of Chavia, Rethymnon, Jraklion, and Agios Nikolaos were scrutinized also and therewith numerous arrests of those wanted and persons listed in dangerous lists were effected.
"Enemy propaganda, partly of English, partly of Soviet origin, was used at the beginning of September as demoralizing propaganda. Small handbills were used especially frequently. The speeches of the commanders of the 22nd Infantry Division and the 746th Grenadier Regiment were especially of effect, in our own propaganda. (Signed) Hoffmann, 1st Lieutenant."
Then Document NOKW-981, which is at 107 in the German and 125 in the English, is offered as Exhibit **7. These are reports from the Commander-in-Chief Southeast to OKW and OKH with reference to various activities in Greece and Yugoslavia. They are all teletype blanks and are taken from the War Diary Southeast, or rather from the diary of the Southeast. Daily reports, the first one: "In Nish, Field Gendarmerie raids a recruitment station for German soldiers. Ring leaders and 10 accomplices shot to death." It's dated 15 September 44.
The next one is on page 108 of the German, 129 of the English, "Second Panzer Army:" (This is a report of 14 September 1944) "Chetnik insurrection in Bosnia.
"Headquarters Second Panzer Army transferred to Nostar (five miles northeast Vinkovci).
"Roman 5, SS Mountain Army:" (That should refer to the 5th Mountain SS Corps.)
"In the east and central Bosnia area, Chetniks have started fighting against our own troops. Railroad Sarajevo-Visegrad and Sarajevo-Doboj blocked and destroyed. Considerable number of motor vehicles destroyed;
personnel losses. Cur ultimatum: From 13 Sep, 2000 hours, severest reprisal measures against al Pravolslavs."
Then on page 109 of the German, 132 of the English, the report for 10 September, still from the Commander-in-Chief Southeast:
"In Katerini demonstrations by several thousand civilians from the environs of the city broken up by force of arms."
And the report for 10 September, on page 110 of the German, 134 of the English:
"Situation in Bor extremely difficult with over 20,000 foreign workers (including 6000 Jews and 6000 Italian military internees), 1200 wounded, and 1500 Rumanian returnees. Production stopped, no export possibility. Measures have been initiated to evacuate the incompetent ones and the laborers who have been released."
And on page 111 of the German and 136 of the English, report for the 5th of September, still from the Commander-in-Chief Southeast to OKW: "For attack on construction detachment, 186 suspects shot to death."
Then the last page, 111 of the German and 138 of the English, again to OKW, on 4 September from the Commander-in-Chief Army Group F under the Commander-in-Chief Southeast, and again from the Chief of Staff Winter:
"As reprisal measure against kidnapping Hako Glossa, the village of Skiathos destroyed, four sailing boats destroyed.
"Crete: During raids in the capitals up to now about 300 under arrest."
And then what appears as "Roman 68 Army" should be the 68th Corps:
"Withdrawals on Peloponnessus up to now according to plan and without contact with the enemy. Attack of strong band on construction detachment south of Chalkis. Losses of our own."
In the last document in the book, which is NOKW-964, is offered as Prosecution Exhibit 498, page 112 in the German and 139 in the English. This is the report for 16 October from the High Command Army Group E to the Commander-in-Chief Southeast, and it bears the receipt stamp for the 16th: 2449 "No report from Salviati group.
Casualties: Wehrkreis Palanka: Enemy, 250 dead (estimated), own casualties: 1 ; 13 dead, 3 ; 65 wounded, 11 missing." And again I would like to direct Your Honors' attention to the incidence of these figures about officers and men.
"In the rear area, during the night of 15 October, railroad blasting southeast of Skoplje. Traffic interrupted for 20 hours. Northeast of Stip, attack by bands upon supply column. As retaliation, four villages burned down, 160 suspects shot."
And it is typed at the end, "High Command Army Group E," and over at the left is a certification, which is illegible, by a first lieutenant. That, if Your Honors please, concludes the presentation of Document Book 21, and Mr. Rapp will now continue with the prosecution's evidence.
If your Honors please, we have two films which we would like to show, and we hope to be able to conclude our case by Wednesday of next week. Arrangements have been made, perhaps a little prematurely, to show the film. Of course, if it isn't convenient with the Tribunal, why we will have to make other arrangements, but we would request that the Tribunal sit on Saturday morning to see the film and perhaps a short time longer on Saturday, so that we can conclude by Wednesday. The evidence may go fast enough before then so that we would only have to show the film on Saturday, but perhaps we could have an expression from your Honors with reference to it, because there is a good deal of paper work involved in getting the film set up and operators and people detailed for the various other tasks.
DR. LATERNSER: Your Honor, the defense cannot agree to having a session on Saturday again. On the contrary, since the examination of the Greek witnesses is concluded or seems to be concluded, I wish to ask that tomorrow there should be no session. I have already pointed out to the Tribunal the difficulties we have in carrying out our work and that only the evening hours are at our disposal to talk to the defendants. On the contrary, I should like to ask not only no to have the session on Saturday but also not to have any sessions on Friday either.
Since the examination of the Greek witnesses seems to be concluded, I ask the Tribunal to consider the position of the defense concerning sessions, because apart from that we have to make preparations.
THE PRESIDENT: I am advised by Judge Burke that he has appointments for Saturday which would make it impossible to have a session on Saturday, so that takes that out of any contemplated session at that time.
Dr. Laternser, I feel that your request will have to be denied so far as a Friday adjournment is concerned. The Tribunal is desirous of giving every consideration to counsel but we must insist upon the matter being carried through as rapidly as possible, and yet such other time as you may feel you need some time, your request will receive consideration, However, the matter of adjournment on Friday will be denied at this time.
MR. DENNEY: Perhaps the Tribunal might care to indicate when the films could be shown, because one of the films is a 16 mm. film and the only place where they have a projector is in Court Room 1. Would it be convenient, as a suggestion to the Tribunal, if we arrange for them on Friday at 4:30? The two films together will only take an hour.
THE PRESIDENT: Is there any reason why we cannot have them earlier in the afternoon?
MR. DENNEY: Well, the only reason that we suggested 4:30, your Honor, was because we have one more witness in the Greek picture which we arc going to produce now, and we thought that perhaps if we could have it at 4:30 that would be at the end of the session, whereas otherwise we would have a great many people having to wait around and we certainly don't want to limit the defense's right to cross-examine him.
THE PRESIDENT: Very well. Arrangements may be made for the showing of them at 4:30 tomorrow afternoon.
MR. DENNEY: And at this time I would like to advise defense counsel that these two films, one concerns Greece and the other one concerns Norway -- I don't know how you can very well give anyone any better notice about a film. We can't submit the films to them for examination, and in other cases the proceeding has just been to advise them, in accordance with the rules, 24 hours in advance.
THE PRESIDENT: I think it should be kept in mind that this date and time, being set for 4:30, should be complied with and all parties concerned be there promptly at 4:30.
MR. DENNEY: Yes, sir. Well, we can adjourn right from here and go over there. Again we will do our best to got it set up on time.
Case V Case VII The Signal Corps, who so ably handles the transmission system, also is responsible for that, and we entertain no doubts about their being there.
THE PRESIDENT: All right. You may proceed with the presentation of the next document book.
MR. RAPP: If the Court pleases, I should like to request that the Marshal be directed to summon the witness Johannes Sontis.
THE PRESIDENT: Marshal, present the witness.
JOHANNES SONTIS, a witness, took the stand and testified as follows:
BY THE PRESIDENT:
Q The witness will raise his right hand in order to be sworn.
I 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.)
MR. RAPP: If your Honors please, the witness is fluent in the German language, and I believe it would solve some of our interpreting difficulties if I could examine him in the German language, and we have the official Greek interpreter standing by in case there should be anything unclear to the witness. Is this agreeable?
THE PRESIDENT: You may proceed along that line.
MR. RAPP: Very well.
BY MR. RAPP:
Q What is your full name, please?
A Johannes Sontis, Dr. Johannes Sontis.
Q When were you born?
A On 14 July, 1907.
Q And where were you born?
A In Monastir, Macedonia.
Q What is your present nationality?
A Greek.
Q What is your profession?
A I am a lawyer.
Q How long have you been practicing this profession?
A For 16 years. At present, I am licensed to appear before all courts in Athens and in the court of appeals.
Q. Do you have any other titles or profession apart from your profession as a lawyer?
A. Yes. I am a lecturer at the university and professor at the college for political science.
Q. Where did you study, witness?
A. First I studied in Athens, and after I completed my examination as assessor I went to Germany, to the University of Heidelberg, where I passed my examination after studying for almost seven years.
Q. In other words, you passed the law examination in Germany?
A. Yes, I am a doctor of law.
Q. Witness, where were you between 1941 and 1944?
A. In Athens.
Q. And what did you do when Greece was invaded by Germany? In other words, what was your profession at the time?
A. When the Italians declared war on us, 28 October 1940, I left my office and was put in charge of radio propaganda to foreign countries. This position I held until the German troops entered-
Q. Continue, witness, please.
A. What shall I say? Shall I continue?
Q. You answered the question. Would you repeat your answer, please? I could not hear it due to the siren.
A. Well, I held this position as chief of radio propaganda to foreign countries until the German troops entered Athens.
Q. What did you do then, witness?
A. After Athens was occupied, I resumed my profession as a lawyer, first in Greek courts. At the end of May 1941 the first permanent German summary court martial (Feldgericht) was set up in Athens. It was called Summary Court Martial of the Commander of Air Gau Southeast. If I am not mistaken, that was Lt. General (General der Flieger) Felmy at the time.
Q. Witness, what kind of cases did this summary court martial you mentioned deal with?
A. This summary court martial dealt with Greek cases as well as with German cases. Greek lawyers were also admitted for Greek cases. At the beginning only three lawyers practiced in this court. Concerning their ability, they were not considered the best in lawyer circles of Athens. This fact came to the attention of the Chamber of Lawyers of Athens and the president of this chamber assigned me to take the necessary steps in order to have other lawyers who were more capable admitted.
Q. Witness, may I interrupt you for a moment? You are now speaking of Greek lawyers, is that right?
A. Yes, I am speaking of Greek lawyers. First of all I went to the president of the summary court martial. At that time that was Oberkriegsgerichtsrat der Luftwaffe Dr. Buckstein. I transmitted the request of the chamber to him. First he hesitated, but after he had consulted the supervisory judge, Oberkriegsgerichtsrat der Luftwaffe Dr. Frohwein, he accepted my request. Other lawyers were admitted to this summary court, including myself. Thus, toward the end of June 1942 I began my work as defense counsel before the German court.
Q. Witness, how many other lawyers apart from you were permitted to practice before this summary court?
A. At the moment I cannot tell you the exact number, approximately 7 or 8 altogether.
Q. And they all spoke German, witness?
A. Yes, more or less.
Q. Now, after you were admitted to the summary court, did you continue with your sideline as well?
A. What do you mean by that?
Q. Did you take other cases which had nothing to do with the summary court?
A. No. I gave up the other cases; I did not have time for them. I was fully occupied in my activity for the German court. This was an assignment by the Chamber of Lawyers.
Q. Now, please tell us what happened then after you were admitted.
You are speaking about May -
A. The end of June 1941.
Q. And what happened then?
A. This activity lasted almost one year. I cannot give the exact date. It was approximately to June 1942 when this summary court martial of the Commander of the Air Gau Southeast ceased to deal with Greek cases. At that time a new summary court martial was set up, the name was Summary Court Martial of the Commander of South Greece. This court was organized by the lawyer Dr. Frohwein and had jurisdiction over Greek cases only. The other summary court martial only dealt with German cases.
Q. Witness, who was the judicial authority (Gerichtsherr) of this court about which you are now talking?
A. I don't know whether it was General Speidel in the beginning or not. In any case, a few weeks after this court was organized, it was General Speidel as Commander for South Greece.
Q. Now, witness, would you please inform the Tribunal in what kind of cases you appeared before this court?
A. In various kinds of cases.
Q. Give us examples of these cases.
A. Examples? Cases of sabotage, espionage, theft, damage to armed forces equipment, and later, after an order which General Speidel issued (it was the order of 17 June 1943 - that is, one year later), for communist activities.
Q. Now, can you describe a typical or specific case which impressed you particularly, which appeared before this court in which you worked?
A. I could give many such examples. I do not understand what you mean. Do you mean an individual case?
Q. Could you tell me about an individual case which impressed you particularly in connection with your defense or which you remember particularly?
A. In what respect?
Q. I mean concerning treatment, occurrences in the court, sentences.
and everything that occurred in connection with this court.
A. Here I must give you an introduction. Pursuant to an order which General Field Marshal List gave one lay before the German troops entered Greece, the law to be applied was the German penal code, the orders which the various commanders issued - those were the two categories of regulations to be applied. The German courts had jurisdiction over offenses against these orders.
Q. You are speaking too fast. The interpreter cannot keep up with you. Will you please repeat what you just said?
A. According to the same order, I believe of 5 April 1941, the law to be applied in German summary courts martial for Greek cases was the Reich penal code and the orders issued by the commanders in the occupied territory. On the basis of these orders the German courts were competent--
Q. I'm sorry, but you are still too fast. Please make a pause between sentences. It has to be translated from German into English, witness. Please speak slowly.
A. Shall I repeat the answer?
Q. Yes, please.
A. One day before the German troops entered Grece an order was issued by General Field Marshal List, according to which the penal law to be applied was, first, the Reich Penal Code, and secondly what I forgot before, regulations in effect apart from this law, the Reich regulations, I mean, which were valid throughout Germany, and the orders which were issued by the commanders in the occupied territory. Pursuant to this law, the German courts martial in Greece were competent to judge offenses against these laws by the Greeks. There were cases--
THE PRESIDENT: The Tribunal will be in recess until 1:30 this afternoon.
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 21 August 1947) JOHANES SONTIS - resumed DIRECT EXAMINATION - continued
THE MARSHAL : Persons in the Courtroom will be seated.
The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. RAPP: If your Honors please, I shall continue with the examination of the witness.
THE PRESIDENT: Very well.
BY MR. RAPP:
Q. Before the lunch recess,witness, we were talking about the regulations which were published by Field Marshal List at that time, in connection with the law to be applied. Could you tell us that again in one sentence quite briefly, to summarize, so that we may make better progress from now on.
A. You mean to say I should repeat the contents of this regulation?
Q. Quite briefly, for our own information, so that we will have cleared this subject.
A. As regards the substantive law, according to regulations, it was the Reich Penal Code, the Reich regulations which were also valid alongside the Reich Penal Code, and the orders of the Commanders in the occupied Greek territory. Competent for violations against these penal regulations for issuing sentences regarding these violations , were the German summary courts martial , Feldgerichte, in the Greek occupied territory. This regulation of the commander of the 12th Army was often violated. Shootings, even mass shootings, without a legal trial and sentence became the rule in the course of time. That on the one hand. On the other hand, I experienced many cases where intentionally the rules of international law, as well as the regulations of German military law, were not applied rightly. I might even say they were applied wrongly or against international law.
I cannot mention all the cases here. All of them would take up a lot of time. I can only mention here a few examples, the most outstanding examples which I could observe and follow from my position as defense counsel at those summary courts martial.
Q. Witness, how many cases, in order to clarify this right from the start, did you as attorney defend or were you in connection with?
A. My activity as defense counsel, in summary courts martial, as I said before, started at the end of June 1941. The second summary court of the Commander for South Greece, -or rather , the Military Commander for Greece --as far as I can remember exactly, was in operation until August, 1944. That is, from June 1941 until August 1944, including those cases which I had to conduct before a third court, for minor cases, that is the summary court of the Field Command post of Athens. I defended about 300 cases.
Q. Thank you, witness. Please continue now.
A. I must first of all relate the most striking example which I know from my post as defense counsel before the first summary court martial of the Air Gau Southeast. I only want to mention one thing. It was, as far as I remember, at the end of April when a few Greek officers were arrested while trying to escape to Egypt. The case did not come before the summary court martial. For instance, a few officers --4,5 or 6, I don't remember exactly, I can only recall three names -were shot without trial. It must have been at the end of May or the beginning of June 1942. These defendants here, if I am not mistaken, had nothing to do with these murders; for these murders only General Andre is responsible. That example is the first case that greatly impressed me.
Q. Witness, you are talking here about murders and you are talking about the fact that these people were not brought before a court martial, that they were, so to speak, shot illegally. Why does this case re present something extraordinary -- I don't understand the emphasis you are placing on it.
Can you explain that?
A. I should ask you to hear my view on this in connection with a case I shall mention later on.
Q. As you please.
A. The most striking examples of violation of law -- I repeat, of International law as well of domestic German law --- I experienced as defense counsel before the second summary court martial . I now begin to mention individual cases. The first case is the case of Boros. At the beginning of September 1942 on the Island of Boros the secret field police arrested nine respectable Greeks because they were suspected of making propaganda for England among the population of this inland. Communistic activities were not at issue in this case. Even the G.F.P. (Secret Field Police) who appeared before the Summary Court Martial as prosecution witnesses , later, admitted that those arrested were Greek of nationalist views.
14-1-A-GW-21 Aug 47-Biolsi (Jacobson) Among those arrested were a doctor, a lawyer, a pharmacist, a retired officer, and three civil servants.
Those arrested were taken to the office of the G.F.P. in Pireus. There they were subjected to examination of a severe nature. We know exactly what severe examination meant at that time. For the benefit of those who did not experience these conditions in my country, and there may be many in this courtroom, I want to mention the following: One of the foremost Germanists, Professor Hans Fehr, in 1923 published a book entitled "Das Recht im Bilde". This book refers to the methods of examination employed in the middle ages. What we see of these methods in the various pictures in this book was recalled to life in the middle of the 20th century by the G.F.P. in Greece as well as, of course, by the SS. I shall mention only two examples: Tying of the hands behind the back, hanging up with a weight attached to the feet, hanging by the feet for a certain period of time, and other things of a like nature. As regards those arrested on the island of Boros a severe examination took place in the office of the G.F.P. in Pireus-such an examination that one of those arrested, the chief tax official of the island of Boros, later became insane. I personally at that time intervened with the President of the Summary Court Martial of the Military Commander for Greece, who was at that time Oberkriegsgerichtsrat Kirchberger Dr. Kriegsrichter, and asked him to bring about the transfer of this insane person to a clinic and, in fact, he fulfilled my request. The preliminary investigation by the G.F.P. in Pireus took up to the middle of October or maybe a few days later in October 1942, and then the files with the concluding report of the G.F.P. were sent to the summary court-martial,as usual, the military judge dealt with this case, and after issuing the penal regulation the matter came into court on the 30th of November 1942.
President of this court on that day was Kriegsgerichtsrat der Luffwaffe, Dr. Rattke, and the prosecutor was Kriegsgerichtsrat der Luftwaffe, Dr. Hennich--quite a nice lawyer, I must admit that -- from Leipzig, and not a severe judge as regards the Greeks. When the session started the president stated that the trial would take place in camera, since this was a serious case of espionage. After the court was cleared the examination of the prosecution witnesses began. As prosecution witnesses the G.F.P. officials appeared-two of themwho had conducted the preliminary investigation in pireus. I can only recall the name of one of them. His name was Steierhof. The defense consisted of three Greek lawyers, among then myself. The defense knew from the start that the defendants had been subjected to a severe preliminary investigation. For that reason I put to the first witness the question whether that really had been the case. The president admitted this question , and then the witness gave the following answer: "There is an order according to which in such cases we have to subject those arrested to a severe examination. In this case I only slapped the idea of defendant number one, a doctor of Boros". For one moment my equanimity left me and I asked the witness what his profession was in civil life. He answered: "I am a Municipal judge." My excitement increased. "Witness", I said, "you are an educated man, then. How did you dare to slap the face of an equally cultured man and a doctor who studied at the university?"
Then he cried out, "I received such a remark, and I went for it." The court was equally excited and asked me to be quiet. After the examination of this witness the second witness testified. The G.F.P. official Steierhof. This time my colleague questioned, the other Greek lawyer. He asked him: "Have you done the same, witness?" The witness answered: "No, I personally did not do any such thing. I left this to my other colleagues." And then his colleague replied in a very excited frame of wind, turning to the Court: "Your Honors, this is a now method. You may call it the "Steierhof Method"." Now excitement and now calls for order. The proceedings began at eight o'clock in the morning and lasted until seven in the evening. At seven O'clock the Court retired for consultation and after two hours it delivered its verdict. The contents of this verdict was that the evidence offered did not suffice in order to arrive at a sentence of the defendants. For that reason the defendants must be acquitted and further legal proceedings must be quashed. However, the defendants are not to be acquitted because the G.F.P. of Piräus appeared-I don't know his name-and he turned to us, to the three defense counsel, and said this: "Gentlemen, you have offended my men, you will have to pay for that. You will soon hear from me. Please give me your address now." We know what that meant. We went at once to the Archbishop and asked him to intervene in our behalf to the superior authorities. He went at once to the plenipotentiary at that time, von altenburg, accompanied by the military attache von Klemm of the German Delegation in Athens; and by this intervention saved us from falling into the hands of the G.F.P. That, as I said, was on the 30th of November 1942.
Those acquitted, after the proceedings had been quashed, were not released from custody, as I have already said. They remained in custody for the whole month of December, and in the beginning of January 1943 I decided to turn directly for help to the general. To visit General Speidel was impossible for a lawyer, and for that reason I approached the officer of I-C. The notorious Captain Stoeckle was the only one I could approach in order to make a petition. My request was to release my clients since the court-martial in the field of the general had quashed the proceedings, as the same court-martial did not find sufficient reasons, and as in the last resort, the people concerned were certainly not people who had violated any penal provisions. For the first time I entered this famous Department I-C, and then I understood what this department represented. On the table of Captain Dr. Stoeckle there were heaps of documents, files, copies of the files of the documents submitted to the court-martial; and on every file a red strip had been affixed. Naturally, I could not understand what this red strip meant. I learned this later on. Captain Stoeckle received me politely. He asked for the purpose of my visit and I told him the reason. Suddenly he got up in excitement and told me verbally the following: "Doctor, the court-martial in the field can say what it wants to say. I here possess in these documents proof according to which I can have the defendants shot at once. In any case I will think the matter over." It was about ten o'clock. And it is important that I mention this time that is, the morning of the 4th of January 1943. Dr. Stoeckle promised me that he would think the matter over.
He certainly thought it over well. Three days later, on the 7th of January three of those who had been acquitted by the ****** German field court-martial-- he sent three of those before the firing squad. At six o'clock on the morning of the 7th of January 1943 they were shot, that is the first case.
Now I am coming to my second case. In the middle of September 1942, by a band of about ten Greek hooligans who represented themselves to be friendly towards Germany-the building of the so-called ESPO, situated near the Romonia Square, the largest place in Athens,-was blown up. A few days later, 14 or 16 people- I don't remember exactly- Greeks of national views, were arrested under suspicion of being implicated in this blowing up. The investigation took the course of the G.F.P. For about a month and a half or two months, at the end of October or the beginning of November, I had worked on this case and later the files with the concluding report were sent to the court-martial by the G.F.P. The Judge Advocate dealing with this case ordered that the case was to be quashed without any trial-that is, the case did not come into court. In this case, too, those arrested were not released from custody since the G.F.P. had ordered protective custody for them. It was on the 7th of January 1943, on the same day which I mentioned in the previous case, at nine o'clock in the morning, when I went into my office, I found a gathering of the relatives of those defendants, mostly women, almost exclusively women of some of those arrested, and they were crying and sobbing, and they told me that this morning the guard of the prison had refused to take the parcels with foodstuffs. We knew, of course, what this meant in such cases. It meant that those in prison were no longer alive.
At once I went to the palace of the Archbishop. I always did that in such cases, and asked the Archbishop to take some steps. The Archbishop telephoned the guard; he told him who he was, that, as a religious leader of those arrested he was interested in them, and he asked this guard or sergeant to tell him where these Greeks had been taken to. The sergeant answered, "I don't know; at any rate, they took them away early this morning, at five o'clock."