"156 enemy dead, 16 prisoners, 25 horses dead; 11 machine guns, one light mortor, 1 truck, 1 motorcycle, 1 car, food and fodder captured.
"The following was destroyed: 20 band billets, 1 complete printing shop, 1 armory, 1 hospital with 50 beds."
I think we need not concern ourselves with the remainder of the report, and will turn next to page 5 of the English and page 40 of the German, Daily Report fro the 15th Mountain Corps 8 February 1944.
"392nd Division:
Mission; Attack with one battalion each on village 10 km. North and 8 km. Northeast of SENJ and on the area northwest of RINKE with rather weak forces. Advance on NOVI and East of BRINJE. Occupation of SV. JURAJ (km South of SENJ). Retaliation measures in return for attack on Battery Commander Northeast of OTOCA."
The report is signed 15th Mountain Corps.
At the bottom or page 52 of the English and page 41 of the German, is the 15th Mountain Corps Daily Report of the 2nd Panzer army 9 February 1944.
"Cetnik reconnaissance detachment on 7 February met small band North of Skradin, 15 prisoners, of these 12 wore shot 3 released."
I call your Honors attention to the date this appears, 9 February 1944.
And out of the same report on the next page, under "Activities of the 392 Division."
"In retaliation for the stabbing of an officer the Western sector of PODUM 3.5 km. Northeast of OTOCAC) was taken in spite or resistance and burned down."
The report is signed "15th Mountain Corps."
Page 53 of the English, page 42 of the German, is message from the Commander in Chief of the 2nd Panzer Army to the Commanding General 15th Mountain Corps.
The 2nd Panzer Amy at this time, 28 December 1943, was commanded by the defendant Rendulic and the 15th fountain Corps by the defendant Leyser.
"I hold the following view in regard to the train of thought contained in above mentioned reference. I request that my remarks be made the unequivoal basis for the future conduct of the war by Corps Headquarters."
On the basis of orders issued it has always beeobvious that the coast is the main line of resistance, hence the "main front", and that furthermore not the protection of supply lines and combating of bands in the Interior is of primary importance, but always the fortification and defense of the cast. If troops within the Corps area had another assignment and this resulted also, with regard to construction of positions along the coast, that the fortifications face the rear, the Corps itself should already have made the necessary corrections on its own a long time ago. And I expect, that this will be done in the future with all energy.
Likewise the attitude of all headquarters towards Balkan politics is finally to be oriented in the sense of the orders issued. If necessary, I expect that an example will be made in order to demonstrate most effectively to all headquarters the necessity to comply with orders issued also in this sphere.
The present conduct of the war to eliminate the threat of bands is primarily dependent on the strenght of available forces. The main target of the fighting must be the armed forces of the enemy. Accordingly, operations must be conducted is such a manner that the armed forces of the enemy are caught destroyed, or at least seriously damaged. Furthermore, in addition to weakening the enemy by means of operations, disturbance of peaceful organizing activities, destruction of supply installations, such as hospitals, ammunition depots, etc. must be effected.
Hence under present conditions the fight is not to be conducted to seize terrain but with the aim of damaging the strenght of the enemy." I think we need no road much more of this report, Your Honor but turn to page 56 of the English and page 44 of the German, in the middle of the page, to paragraph "To VII."
To VII:
If is it stated that the aim of the operations had not be accomplished, then this is incorrect, as soon as it is established what was intended with these operations. The purpose of the operations so far (weakening the fighting strenght of the enemy, interference with is organizing activity) had not only been fully accomplished but showed unexpected large results. Between 1 September and 31 December 1943 the enemy lost 30,000 counted dead and 12,000 prisoners.
If for every dead one counts one wounded, net convalescing within reasonable time considering conditions among the bands, and considenable time considering that in many cases numerous dead were excluded from our own count, enemy losses of 80,000 men must be assumed. In addition numerous hospitals, field bakeries, and enemy supply bases were destroyed.
And the message is signed, page 57 of the English, page 44 of the German, by Rendulic.
I think we may skip the intervening pages, and burn next to page 59 of the English, page 46 of the German, Daily Report on the 15th Mountain Corps for 29 January 1944.
"373rd Division:
Band movements in the area PRIJEDOR. Railway Line PRIJEDOR -N0VI again blown up, work interrupted by employment of martars. Area RUDICEOTO 29 hostages taken on both side of the railroad."
I think, if Your Honors, please, at this time and might omit reading into the record the intervening pages and turn instead to a new document, which is on page 65 of the English, page 49 of the German. This is document NOKW 1667, which is offered as Prosecution Exhibit 571.
These arc a series of reports from the 68th Cor, s to the Army Corps R, veering the covering the period February to May 1944. During all this period the defendant Felmy was in command of the 68th Corps.
Page 65 of the English, page 49 of the German, Daily Report 68th Corps, submitted on the 18 January 1944.
Peloponesus:
"In reprisal for an attack on 1 Officer (11nd Battalion 670th artillery Regiment) 20 Communist were executed in the area of Rhizaes (12 km Southeast Rropolis)."
The report is signed 68th Mountain Corps.
On page 66 of the English, page 50 of the German, Daily Report of 68th Corps, submitted on 8 February 1944:
"Peloponnesus:
Attack on Navy Truck Column rear Skala. Reprisal measures: carried out by 1st Company 111rd Battalion of the 999th 1 Platoon of Operational Staff Heinrich, Headquarters Company of Operations Reserve and 2 Platoon from 609 Naval artillery Battalion. The village Skala, Christofileika, and Tsukaleika, were destroyed. 100 Communists shot."
Turning next to page 68 of the English, page 52 of the German, Daily Report of 68th Corps, submitted 25 February 1944 to High Command Army Group E, Peloponnesus: (117th light Division:
2. In return for and attack (see paragraph 2 of the daily Report for 24 February): the following reprisal Measure;
a. ) Shotting of 200 hostages from hostage camp Tripolis at the scene of the allack.
b.) Martial Law in Tripolis and Megalopolis during day and night till 7 March inclusive. No civilian allowed on the street ruthless use of arms.
The report is signed "68th Corps,"
MR. FENSTERMACHER: Turning next to Page 70 of the English, Page 54 of the German, is the Supplementary Report from the 68th Corps, transmitted to Army Group E on the 12th of March 1944, Subject: Supplement to Daily Report for 12 March 1944: "In return for the band attack on the convoy of the 1st Battalion 737th Light Infantry Regiment the following reprisal measures are ordered." I direct Your Honors' attention to Paragraphs 3 and 4 of the report: "Everybody found in the terrain South of the line indicated in Paragraph 1 up to a distance of 2 km off the remaining roads will be shot. Duration: 8 days , upon preliminary announcement. Shooting of 200 hostages (Communists) from all hostage camps. Execution by members of the Greek volunteer formations with German supervision." Next on Page 71 of the English, Page 54 of the German, Daily Report of the 68th Corps:
"Pelopponesus: (117th Jaeger Division) 2. As reprisal measure for the band attack on 12 March 1944 the following villages, confirmed to be nests of the band, were released to the 117th Jaeger Division for destruction:
Karie, Wresthena, Kato - and Ano-Kolline, Skortsinon , Kaltese, Mavrojianni, Vlachokerassia, Arwanitokerassia, Manari."
I think the next several reports are of a similar nature and need not be read at this time. If Your Honors will please turn to Page 78 of the English, Page 61 of the German, another Daily Report from the 68th Corps transmitted on the 26th of April 1944, to High Command of Army Group E:
"Dairy report Boeotia:
1.) Bandit raid on motor vehicle column (2 armoured cars and 2 motor bikes ) of the 18 the SS Police near Keresi (15 kilometers west of Lewadia). Own Losses: 2 Officers dead, 1 Officer 4 enlisted men missing, According to the statements of three arrested persons the bandits, in a strength of from 50 to 70 men equipped with 5 machine guns, machine pistols and rifles, withdrew in direction of Kiriak.
Reprisal measures: At the place where the raid occurred 50 Communists were immediately shot. Reconnaissance of a reinforced company up until now without results."
The report is signed "LXVIII Infantry Corps." Next on Page 79 of the English, Page 62 of the German, Daily Report of the 68th Infantry Corps, transmitted on the 29th of April 1944 to its higher headquarters. Under Boeotia:
"In reprisal for the raid on the motor vehicle convoy of the 18 SS Police Regiment 60 more communists were shot to death at the place where the raid took place."
Next on Page 80 of the English, Page 62 of the German, Daily Report of the 68th Corps, transmitted on the 11th of May 1944:
"Boeotia: In reprisal for raid on motor vehicle convoy (see Daily Report of 26 April Boeotia 1.) 100 hostages shot to death in Athens."
Next on Page 82 of the English, Page 64 f the German, Daily Report from the 68th Corps, transmitted on the 2nd of May 1944:
"In reprisal for the raid on the motor vehicle of the staff of the 41. Fortress Division (compare Daily Report of 28 April ) on the 27 April 1944, 300," and that figure , if Your Honors please, is corrected in pencil to read 325, " communists and band suspects (of these 200 in Athens and 100," if Your Honors please the 100 figure is corrected in pencil to 125 in the original document," On the Peolponesus) were shot to death." Signed "LXVIII Infantry Corps," and the Corps at this time was commanded by the Defendant Felmy. Page 84 of the English, Page 66 cf the German, is the last report in this series from the 68th Infantry Corps, transmitted on the 18th of May 1944:
"Peloponnesus: (117. Jaeger Division) In reprisal for repeated acts of sabotage on telephone lines 17 well known communists were hanged on telephone poles along the road Kamari-Deweni (northwest of Xylokastron)." Turning next to Page 86 in the English, Page 67 in the German, Document NOKW-1771 , which is offered as Prosecution's Exhibit No. 572.
This is a report of the 373rd Division to the 2nd Panzer Army and relates to Operation "Morgenstern." I think we need not spend much time on it at this time. Your Honors will note on Page 88 of the English, Page 68 of the German: "In Seganovac a hospital was destroyed."
Continuing now on Page 89 of the English, Page 69 of the German, Document NOKW-1640, which is offered as Prosecution's Exhibit No. 573. These are a series of reports from the Commander in Chief Southeast to OKH in Berlin, covering a certain period in May, 1944. During that time the Commander in Chief Southeast was the Defendant Weichs. We Call Your Honors' attention to just one or two of these particular Daily Reports -- one on Page 94 of the English, Page 74 of the German, Daily Report from the Commander in Chief Southeast to OKH Army General Staff Operations Section for the 14th of May 1944: "Group Siegfried: Easing of the "tension in the area Prijepolje-Plevlja 12 May , 25 hostages shot as reprisal measures for German soldiers not released by the bands.
Enemy losses: 10 counted dead."
Next on Page 93 of the English, Page 75 of the German, the Daily Report from the Commander in Chief Southeast for the 13th of May 1944, under 369th Division. If Your Honors please, that Division was subordinate to the 2nd Panzer at that time, which was commanded by the Defendant Rendulic. "369th Division" -- and then certain portions are crossed out -- "In the area Konjic-Gacko local clashes mopping -up "operations in the Dabarsko Polje area have started.
As reprisal measure for an attack on the railway near Zeplanik (see daily "Report for 11 May ) 6 hostages were hanged."
Turning next to Page 97 of the English, Page 77 of the German ....
DR. GROSS: Dr. Gross deputizing for Dr. Tipp, for the Defendant Leyser. Your Honor, I must object against the remarks of the Prosecutor regarding Document NOKW-1640, Exhibit No. 572. The Prosecutor has said that this exhibit is a document of the 2nd Panzer Army. This cannot be seen from the document itself. It is also incorrect, as can be seen from the contents of the document. In the list attached to the document the place of Sarajevo is mentioned. Sarajevo never belonged to the Command of the 373rd Division not to the 15th A.K. either. At least, it did not belong at that time. I ask that this remark be stricken from the record.
MR. FENSTERMACHER: If Your Honors please, the first page of the document indicates that it is art enclosure to the War Diary, Operation Morgenstern, 10 May to 19 May 1944, teletype to 2nd panzer Army.
PRESIDING JUDGE BURKE: Is there anything further to be said?
MR. FENSTERMACHER: I have nothing more, Your Honor.
PRESIDING JUDGE BURKE: Objection is over-ruled.
MR. FENSTERMACHER: If Your Honor will turn next to Page 97 of the English, Page 77 of the German, continuing with the Daily Reports from the Commander in Chief Southeast to OKH Headquarters in Berlin, this is the Daily Report from the Commander in Chief Southeast for the 10th of May 1944. Under the section of the report dealing with activities in the area of the 68th Corps -- and that corps was, at that time, commanded by the defendant Felmy: "Because of Communists activities at Patras 10 hostages were hanged. Limitations have been imposed upon the population." The report is, as were all others, signed "Commander in Chief Southeast." We pass the next document, NOKW-1670, and turn next to Page 101 in the English, Page 79 in the German, Document NOKW 1773) which is offered as Prosecution's Exhibit No. 574.
This is an order of the 264th Infantry Division, dated Divisional Battle Headquarters, 21 May 1944:
"Orders of the Division to mop up the islands of Dugi Otok and Kornat .....................................
2.) 891st Grenadier Regiment is to mop up these islands. Thereby all provisions and installations of all kinds serving the enemy are either to be secured or destroyed, enemy tonnage is to be brought in and as far as possible the islands must be evacuated of the male civilian population capable of bearing arms at .least all suspicious persons must be arrested. " I think we need not bother with the distribution list which appears on the next page.
But on Page 102 of the English and page 79 of the German begins a report from the 15th Mountain Corps to the 2nd Panzer Army Ia and Ic. On P age 103 of the English , Page 80 of the German, is the "Final report of 'Morgenstern.'" We call Your Honors' attention only to the second portion of the final report of "Morgenstem": "In addition the following was destroyed: 2 hospitals...." And that report is signed "XV Mountain Corps," and that Corps, at this time, was commanded by the Defendant Leyser.
MR. FENSTERMACHER: Next, on Page 104 of the English, Page 81 of the German, Document NOKW-1767, which is offered as prosecution's Exhibit No. 575. This is, again, various reports from the 15th Mountain Corps to Headquarters of the 2nd Panzer Army. The first is the Daily Report of the Corps for the 12th of June 1944. Under 373rd Division there is a notation that this is crossed out in the original document: "At the band hospital discovered on 10 June by Southern Group 'Utwald' 4 rifles and medical dressing materials were seized. 170,000 rounds infantry ammunition, 300 mortar shells, 9 hospital barracks with 500 beds and various" -- it's on page 104 of the English, page 81 of the German--"9 hospital barracks with 500 beds and various medical equipment were destroyed." The report is signed 15th Mountain Corps. I think we need not spend any particular time with the next several pages of the reports from the 15th Mountain Corps. If Your Honors will observe on page 105 of the English, page 81 of the German under "The following was destroyed" -- "1 hospital." And on page 107 of the English, page 82 of the German, the report of the 15th Mountain Corps to the 2nd Panzer Army for the 3rd of June 1944: "1 hospital destroyed." We will turn next to page 108 of the English, page 83 of the German, Document NOKW1777, which is offered as Prosecution's Exhibit No. 576. These, again, are reports from the Commander in Chief Southeast to OKH in Berlin. On Page 109 of the English, Page 83 of the German, the portion of the report for the 5th of June 1944 which deals with activities in the area of the 373rd Division: "Croatian Combat Team destroyed band hospital Southeast of Udbina. Supposedly 115 enemy dead." Next on Page 110 of the English, Page 84 of the German, the Daily Report from the Commander in Chief Southeast to OKH for the 6th of June 1944 under Serbia: "Enemy losses during the past week: Cetniks: 1 dead, 2 captured, Communists: 390 dead, 170 captured, 50 shot as reprisals." I call Your Honors' attention to the late date of this event--6 June 1944. The Commander in Chief Southeast at that time was the Defendant Weichs, and in Serbia Felber was Military Commander, and his Chief of Staff was the Defendant Geitner.
I think we need not read the remainder of the exhibit at this time, but instead turn to Page 113 of the English, Page 86 of the German, Document NOKW-1775, which is offered as Prosecution's Exhibit No. 577. This is a Daily Report from the Commander in Chief Southeast to OKH for the 11th of July 1944. Under Serbia: "Local band activity. In the Banat 40 Communists were shot as reprisal for an attack on a resettlement train," The report is signed "Commander in Chief Southeast." Again I direct Your Honors' attention to the late date of this report--11th July 1944. Turning next to Page 115 of the English, Page 87 of the German, Document NOKW-1803, which is offered as Prosecution's Exhibit No. 578, This is a report from the Commandant of the Sea Defense of Attica to the 11th Luftwaffe Field Division. Your Honors' will note the receipt stamp of the Corps Headquarters, 68th Army Corps. The report is dated Headquarters, 31st May 1944, subject: "Band situation in the area of Marathon." I call Your Honors' attention to Paragraph 2 of tho report: "Shooting to death of 50 Communists from Marathon and employment for compulsory labor of all other men fit for work. Examination and information concerning intention is requested," signed "Hans Hartmann." On the next page -- Page 116 of the English, Page 87 of the German: "Reprisal measures: Burned down houses K:14, Burned down villages: 1 (Koliaki), Hostages: 107." Next a report from the 11th Luftwaffe Field Division to Corps Headquarters 68th Infantry Corps, subject: "Operation 'Falke'", at the bottom of Page 116 of tho English, Page 88 of the German. Your Honors will note the receipt stamp of the 68th Corps for the 26th of June 1944. On Page 117 of the English, Page 88 of tho German, the report continues:
"The prisoners and arrestees consist mostly of pronounced criminal types for whom treatment as prisoners of war is much too mild. It is not practical to employ them for work in Germany because they will certainly try to propagate their communist tendencies there.
"It is not permissible under any circumstances to transfer the prisoners to Creek prison camps because they would find their way to freedom either by bribery or by other means. It is suggested to use by the prisoners and arrestees in tho area here as hostages."
And then it is written in hand, an initial "K", and the word, "Yes," and the report is signed "Kohler." I think we need not spend any time on the remainder of the document at this time. We will turn to Page 119 of tho English, Page 90 of tho German, Document NOKW-1804, which is offered as Prosecutions Exhibit No. 579. Those, again, arc Daily Reports of the 68th Corps for the months of January, February, and March, 1944; during the time the Defendant Felmy was Commander of the 68th Corps. The first is Daily Report of the 15th of January 1944: "In Tripolis on 13 January a sergeant of the Secret Field Police was shot to death in tho open street, 1 Greek policeman and 1 Greek interpreter were wounded. In reprisal 15 January execution of 10 Communists at the place of the surprise attack." Next the Ic Daily Report of 18 January 1944: "Band surprise attack on German officer in Psili-Wrisi (12 Southeast Tripolis). In reprisal 20 communists executed." Continuing the Daily Report for the 8th of January 1944: "As a reprisal measure for the surprise attack near Skala 3 villages destroyed, the shooting to death of 100 hostages intended. In Petras band leader (Italian Lt. Commander) arrested." Most of these reports pertain to material of a similar nature. I think we need not spend any particular amount of time on them at this point. Do call Your Honors' attention to the Daily reports of the Corps, which appear on Page 122 of the English, Page 92 of the German, Daily Report of the 20th of April 1944:
"Intended as reprisal measure for surprise attack Molai:
"1) Shooting to death of about 200 communists in Athens.
"2) Shooting to death of all men encountered outside of the villages in the area of Molai - Sparta by the unit returning to Sparta.
"3) Shooting to death of about 100 band suspects who will be selected by tho Greek volunteer Detachments."
On the same page--Page 122 of the English, but 93 of the German, the Daily Report for the 2nd of May 1911: "As reprisal measure for the surprise attack near Molai (Ic Daily Report of 28 April) 200 communists in Athens and 100 EAM members and band suspects on the Peloponnesus shot to death by Greek Volunteers." On Page 12 5 of time English, Page 95 of tho German, are two reports to which I call Your Honors' attention. First the Daily Report for the 17th of June 1944: "As reprisal measure for surprise attack on Major in Kalamata (Ic-Daily Report 10 June) 27 communists shot to death at the locality of the incident. For attack on Waltetsi shooting to death of 10 communists." And then the final report in the series, tho Daily Report for the 30th of June 1944: "Enemy losses June: 791 dead, 135 wounded (in addition 150 estimated), 218 prisoners (some shot to death in the course of reprisal measures or later combat actions." I will call Your Honors' attention again to the late date of this incident--30th June 1944. This report, as were all others, is signed "LXVIII Infantry Corps."
(Mr. Fenstermacher) Next on page 126 of the English, and 96 of the German, Document NOKW 1795, which is offered as Prosecution Exhibit 580, this is a report, - an Activity Report, for the month of August, 1944, sent to the Assult Division Rhodes, Section Ic. It concerns actions against the Jews on the Island of Rhodes. I think we need not read all of it into the record, but I ask your Honors to turn, please, to page 129 of the English, page 98 of the German:
Furnishing of Quarters and the Italian Government.
With regard to this I repeat the text of the report of the Quartees Official (Quartieramtsleiter), Sergeant and Interpreter Dr. Thutewehl:
In spite of the great expectations held about the Jewish action, the procurement of furniture encounters greatest difficulties. During the month of August only the Air Force Signal Company, forspecial-duty, Dodekanes, Assult Division Rhodes IVd, Fusilier Battalion Rhodes, and the crow of the boat M.S. Iro could be furnished individual pieces which, however did not originate from the Jewish Action. From the Jewish Action so far only Assault Division Rhoes, Ia/N, Sea Transportation Branch, Flotilla Command, and Submarine Chasers, received something; to be stare of these the last three only by the fact that houses were made available as billets.
The procurement of furniture from the stocks of deported Jews is evidently sabotaged by the Government. The prescribed procedure for the District Headquarters is to request furniture from the Twon Mayor, who, if he cannot supply it, forwards the requests to the Italian Government, which procedure has been followed for months already. The Italian Government has received the requests of the District Head quarters for furniture already more than a month ago, but has not done anything so far.
The Government is not even in the position to state at all what the Jews have left behind. Lately the Government insists that according to an agreement between the ViceGovernor and the Chief of the German Military Administration the supplying of the District Headquarters with furniture can only be considered if the Military Administration adds a stamp of approval. The Military Administration, on the other hand, stated that it had nothing to do with this, and is not inclined to affix this stamp to the requests. The Government, with whom the District Headquarters cannot negotiate, because this is entirely a task of the Military Administration, stubbornly answers all inquiries from the Town Mayor's Office, which supports the District Headquarters in every respect, with the assertion that a stamp of approval is necessary. The Chief of the German Military Administration whom I questioned again yesterday about this, held out prospects that he would discuss this matter again with the Government. Up until now we could only obtain furniture if an entire Jewish house was requested by the District Headquarters. As is known, no objection is possible against vacating houses; I myself was witness when a house was transferred by a Government representative to Inspector Sommer from the Sea Transportation Branch. The official who appeared as the representative of the Italian Government disgraced himself to the extent of begging (in the truest sense of the word) to German Official to give him a small table and a curtain because these were still needed in his quarters.
This state of mind is by no means a singular occurrence, and the civilian population is very discontented with the functioning of the Government and of the Commissions for Jews. It has gone so far that the civilian population considers it a mistake that the Jewish property was transferred at all to the Italian Government. To a large extent the Government did not turn the houses over to families which had suffered from air raids but to its friends.
In this respect Minister Toni who gave away several houses is especially mentioned. If people then came who really needed houses they received the answer that they had all be distributed already. Houses were said still to be available in the Turkish section. Repeatedly the applicants received the answer that the houses had all been confiscated by the Germans, although the Wehrmacht is using only 4 Jewish houses. The unfairness of the Italian authorities and of the Commissions is known throughout the town, so that the matter has become a common joke and the Commissions for Jews are called "Shipboarding Parties". Public opinion fore goes mentioning names in connection with the irregularities of unimportant officials. However , the rumor persists that Vice-Governor Faralli is said to show special interest for soap, perfume, and clothing left by the Jews and that Minister Toni is looking for more carpets. Today the opinion is widely spread that one should have turned over the belongings to the Germans and not to the Italian Government.
Your Honors will recall in connection with Jewish deportation from the Island of Rhodes, the affidavit which the prosecution introduced of a man named Lenz.
Turning now to page 133 of the English, and page 100 of the German, Document NOKW 1809 which is offered as Prosecution 581, this is an Activity Report for the month of August 1944 from Group Secret Field Police 611, dated Command Post 27 August 1944. Your Honors will note the receipt stamp of the Commandant of the Fortress Crete, dated 31 August 1944.
The Commandant of Fortress Crete was at this time subordinate to the Commander-in--Chief Southeast, at that time the defendant Weichs:
"I, General review of the Activity of the Group District of Lassith On 17 August 15 bandits armed with Italian carbines and wearing Italian field caps with the writning ELAS appeared 20 kilometers southwest of Ag. Nikoloas" Then on the next page, 134 of the English, page 101 of the German, under section report dealing with the District of Iraklion:
"Two separate operations were carried out against the band group of Petrako Georgios in Conjunction with the unit on 13 - 14 August. The resistance by the bands was so strong that artillery had to be employed. A total of 56 band suspect persons was arrested and given over to the unit for execution.
Resistance movement EAN .........................In the Messara Plain the headquarters of this district was established in the village of Sokara (31 kilometers south Iraklion). On 16 - 17 August during an operation in conjunction with the unit the village was surrounded and 29 communists were arrested.
As reprisal for surprise attacks on members of the unit employed 27 men were shot to death. The instigators will like wise be transferred to the unit for execution as reprisal after interrogation is concluded."
Your Honors will note the distribution:
"Wehrmacht Field Police via Chief Field police Officer with High Command Army Group F.?
Next, on page 135 of the English, page 102 of the German, the report from the 382nd Front Reconnaissance Troop, dated Command Post, 26 August 1944 -
DR. LATERNSER: Your Honor, I just understood the last remark as if the Prosecutor had.
asserted that this Group of the Secret Field Police had been the field police of Army Group F. I don't know if I have misunderstood him.
MR. FENSTERMACHER: I said the Distribution list, the report is to the effect that it went to Wehrmacht Field Police via Chief Field Police Officer with High Command Army Group F. But the main importance of the document, from the Prosecution's standpoint, is the receipt stamp of the report. On the report of the Commandant of Fortress Crete, which the prosecution submits was subordinate to Commander-in-Chief Southease at this time.
DR. LATERNSER: The last I do not know, and that would have to be proved.
PRESIDING JUSTICE BURKE: Very well, you may proceed.
DR. FENSTEBMACHER: Page 135 of the English, 103 of the German, the report from the 382nd Front Reconnaissance Troop, again Your Honors will note the receipt stamp of the Commandant of Fortress Crete and the date 29 August 1944. The subject of the report is, "Activity and situation report for the month of August. I call Youn Honors attention only to paragraph 3:
"III. General Situation ............................Thereupon on 12 August the commander ordered that the communist-English bandit terror be broken by reprisal measures.
Then the troops started to act. The numerous operations and reprisal measures which had been carried out more strongly since then have effected speedy improvement of the situation."
The next is on page 137 of the English, 104 of the German, the activity report from the 382nd Front Reconnaissance Troop to Leader of 390th Front Reconnaissance Troop Saloniki for the information of the Commandant of Fortress Crete.
Again Your Honors will note the stamp of the Commandant of Fortress Crete, 7 September 1944. Under the section of the report dealing with, General Situation, Political Observations:
"General situation (Political) observations) .............. .....
2) By energetic German counter-measures in the second part of the month which up until 9 September lead to the destruction of 13 villages, the shooting to death of approximately 500 bandits and persons adding and abetting bandits and the arrest of about a thousand persons.
For the actions of the unit extensive material was made available concerning band members and their families, persons supplying the bands and for the protection the pro-German population also lists of persons friendly to the Germans. In many cases reprisal measures were carried out on the basis of this material. Unfortunately notwithstanding these precautions 15 Greeks from Sarchos pro-German beyond a doubt who had surrendered to the unit were shot to death by the 6/65 for reasons not as yet clarified."
On page 139 of the English, and 105 of the German, document dated Headquarters 12 September 1944, Subject, Supplement to War Diary from the period from 13 August to 10 September 1944, I call Your Honor's attention to the last paragraph:
"The following thirteen villages were destroyed: Kuneni, Limni, Floria, Anojia, Sokara, Wrysses, Kriaa-Wrissi, Gurgudi, Jerakari, Ano Meros, Siridari, Faleriana and Koxare."
We turn next to page 140 of the English, and page 106 of the German Document, NOKW 051, which is offered as Prosecution's Exhibit 582. This is a directive of the 2nd Panzer Army to the Commander-inChief Southeast, High Command Army Group F, and Your Honors will note the receipt stamp of the letter unit dated 20 September, 2205 hours.
"REFERENCE: Bridge Guard "Gipsy Baron" The Panzer Army intends to issue the following order:
Preparations are to be made in such a manner that the Hungarians will not become suspicious in any way and thereby the situation may possibly deteriorate. All possibilities of surprise, for instance employment camouflaged in civilian clothing or Hungarian uniforms, having means available for crossing over, are to be considered in the preparation."
The message is signed, "Chief of Staff, 2nd panzer Army."
Finally on page 142 of the English, page 107 of the German, Document NOKW 1774, which is offered as Prosecution's Exhibit 583, this is a report from Army Unit Serbia, dated Headquarters 4 November 1944, and its title is:
"The battles of Army unit Serbia (Military Commander Southeast) From August, 1944" On page 143 of the English, and 108 of the German is a covering letter, dated Berlin 27 November 1944:
"Dear General:
Pursuant to the request of General Felber, I am submitting to you a short excerpt from the War Diary of the Army Unit Serbia. I had to produce this brief summary after the dissolution of our staff under great pressure of time. I apologize if the style is not beyond reproach but I hope at least that it does not contain errors."
I think we need not read the second paragraph. The letter is signed, "V. Zawaezky, Lt. Colonel GSC".
The report itself begins on page 144 of the English, and 109 of the German, after the creation of the position i August 1943, Military Commander Southeast had a two-fold task:
"On one hand, he was the territorial Commander-in-Chief of Commanders employed in the Southeast (Commander Greece, German General- Plenipotentiary in Albania, Independent Sub-Area Administrative Headquarters Montenegro, German-General-Plenipotentiary in Croatia) and as such was subordinated directly to the OKW.