"Parts of the Battalion combed the terrain between Sabac and Lesnics. 130 men shot as a reprisal measure Reconnaissance in the direction of Dobric and Kokesina."
Next, on page 39 of the English, page 29 of the German, NOKW 726which becomes Prosecution Exhibit 145. These are reports to the Commanding General Plenipotentiary in Serbia dated Belgrade, 11 November 1941. In the middle of the page, paragraph 2.b.
"Enemy situation: 10 November. Arrest and commitment into a concentration camp of 2 former Yugoslav officers and of 4 men in Belgrade because of suspicion of having connections with Mihailovic".
Next, under paragraph 3.b.
"Details of combat activity 5 November Skirmish between Bulgarian detachment and communist band near Palovo (13km. South Southeast Leskovac). Enemy losses: 3 bandits dead, 25 insurgents villagers shot to death."
Next on page 40 of the English, page 30 of the German, the report of the 18 of November 1941. Paragraph 3.b.
"12 to 13 November. During mopping-up operations in Zabrdje and Punkovo (29 km. Southeast Pozarevac) by detachments loyal to the government, 63 communists killed and 23 arrested. 12 of the latter were shot to death.
Losses of our own; 2 dead, 2 wounded."
Turning next to page 42 of the English, and page 31 of the German, Document NOKW 1052 which we offer as Prosecution Exhibit 146. The document is a series of reports from the 342nd Infantry Division to the Plenipotentiary Commanding General in Serbia. The first report is dated 11 November 1941.
Its subject: 10 days report from 31 October to 10 November, 1941.
"Divisional Combat Post: Valjevo:
"Own; 1 killed in combat, 9 wounded (2 officers.)
"Enemy losses: 53 killed in combat; 248 shot to death; 45 captured."
The report is signed Dr. Hinshofer, 342nd Division.
Next, on the same page, page 42 of the English, page 32 of the German, another report of the 342nd Infantry Division:
"Subject: Reports on shootings, arrests and reprisals."
Turning next to page 43 of the English and 32 of the German, the report reads: paragraph 1: "According to decree: Plenipotentiary General in Serbia III/Chief Military Administration/..." and the code number ... "Qu. No. 2848/41, Secret, of 10 October 1941 the troops are to shoot to death: a. For every killed or murdered German soldier or German National (men, women or children) 100 prisoners or hostages, b. for every wounded German soldier or German National 50 prisoners or hostages. In this number shootings of insurgents during combat actions may be included. Regimental and independent Battalion Detachments report according to enclosed form the total number of shootings, arrests, and reprisal measures as they are listed from the 5th, 15th and 25th inclusive to 7th, 17th, and 27th of every month. Reports of the various troops are to be presented by department 1b of the Divisional Staff. They will be submitted for the first time on 17 November 1941 covering the period beginning with their commitment until 15 November 1941 inclusive."
Next on page 44 of the English, page 33 of the German is a report of the 699 Infantry Regiment, dated 13 November 1941. I think we may pass over that report, but continue on page 44 of the English, which is page 34 of the German, with another report of the 342nd Infantry Division, dated the 30th of October 1941. The report, as the others, was sent to the Plenipotentiary Commanding General in Serbia, General Boehme. "According to Daily Repoet of 15 October for 15th to 29th October 1941, 10 dead," and then out to the right, "1,000". "39" wounded," and out to the right, "1,950". And at the top of that column is the figure "1900 shot to death." The total executions by shooting is the sum of the three figures, 1900, 1,000 and 1950.
"Executions by shooting to date 1600, remaining 3,250." If Your Honors please, the total 3,250 is derived by adding the first three figures, 1900 1000, and 1950, for a total of 4,850, and then subtracting the 1600 which have already been shot. The "Division begs for further instructions, as no prisoners are available at present."
Turning to the supplement which is on page 45 of the English and page 35 of the German. "Losses during the period from 31 October to 15 November '41: 1 dead, 100 shot to death, 5 wounded, 250." And the total 350. "Enemy losses: 73 dead, 129 shot to death." A total of 202; the figure 202 is subtracted from the figure 350 which is the figure which must be shot to death according to retaliation quota, and the balance left is 148. Then the line beginning "Losses for which reprisals have not yet been taken: 3398, "which is a total of the 148 and the balance carried forward of 3,250.
Continuing on page 45 of the English and page 36 of the German, the report of the 342nd Infantry Division of the 18th of November 1941. "Report according to status on 15 November inclusive on shootings, arrest of hostages, and reprisal measures, during the period from 21 September to 15 November 1941. Own losses: during the period covered by the report: 32 dead, 127 wounded. Losses during the period reported on for which reprisals have not been taken; None dead and none wounded. Paragraph 2. During the period covered by report there were shot to death: a. Insurgents during combat actions, 905; b. hostages as reprisal 2,685," and the total is 3,590.
Turning next to page 46 of the English and page 36 of the German. "Paragraph 3. Therefore total for which reprisals not yet taken: 5960. Remark: Further shootings not carried out as hostages were sent to concentration camp. Paragraph 4. Number of hostages at the beginning of report period, none; arrested during the report-period, 22,175; of these shot to death or sent to concentration camp, 21,875; therefore still remaining 300. During the period covered by report there were further..." then a blank... "shot to death...." then again a blank ... "As reprisal for losses of troop units not belonging to Division, none; by special orders 129."
Continuing with the report for the 18th of November 1941, on page 46 of the English and page 37 of the German. "Enemy Losses from 24 September to 15 November 1941." Your Honors will note the tabulation form in which the numbers enemy killed in combat, shot to death, and captured, are listed and the various totals given for the indicated periods. The totals also should be noted. 950 killed in combat, 2685 shot to death, 21875 captured. I believe in Your Honors' Document Books the figure captured for the report of 9 October is given as 1742. It should read 17,420.
The prosecution's next document is on page 48 of the English, page 38 of the German, Document NOKW-220, which becomes prosecution's exhibit 147. This document represents an exchange of correspondence between the Plenipotentiary Commanding General in Serbia and his subordinate units, the 342nd Infantry Division. The first communication is dated 12 December 1941: "The Camp Commandant of Sabac reports that during the execution of 131 prisoners by 3rd Battalion Infantry Regiment 697, 2 prisoners escaped of which one was said to be wounded, due to insufficient guards.
Both prisoners have not been recaptured to date. Since at that time the 342nd Division ordered the 3rd Battalion Infantry Regiment to carry out the execution notwithstanding the present immediate subordination of the Battalion to the Commanding General, Plenipotentiary in Serbia - the 342nd Division is charged with the immediate investigation and report."
Turning to page 49 of the English and page 39 in the German, is a communication dated 18 November 1941 from the 342nd Division to the Commanding General, Plenipotentiary in Serbia. "In answer to radio inquiry at 3rd Battalion Infantry Regiment 697. Executions took place two kilometers..." Apparently there should be a geographical notation in here... "of Sabac. During the bringing up of a group of 10 men, these broke away to all sides. 8 were shot, 2 men escaped. One of the latter was slightly wounded. A more thorough search of the terrain and further investigations remained without results. The Company Commander concerned received an admonition by his Battalion Commander. The leader of the execution detachment was punished by a reprimand."
Then on page 50 of the English and 40 of the German is a notation of the 9th of November. "Unit 3rd Battalion, 697th, picked up 131 prisoners, according to orders. 2 prisoners escaped during execution. I of them is said to be wounded. Neither one of them has been recaptured." and the notation at the bottom of the page: "Due to insufficient security measures by the unit."
We turn now to page 51 of the English and page 43 of the German Document Book, Document NOKW-237, which becomes prosecution Exhibit 148.
This document represents correspondence between the 697th Infantry Division and the Plenipotentiary Commanding General in Serbia. I think it will be helpful if we turn first to page 55 of the English, which is on page 41 of the German. This is a message from the Commander of the 3rd Battalion, 697 Regiment. It was sent on 13 of November and arrived at the Headquarters of the Commanding General, Plenipotentiary, in Serbia on the 13 of November. "The Battalion requests assigning another troop unit for shooting to death of 250 more hostages as reprisal measure, since the battalion at this time is committed and the distance to Sabac is too far. At the time the Battalion marched off, hostages in sufficient numbers were not yet available."
Then turning to page 54 of the English and 42 of the German, there is the communication from the Commanding General, Plenipotentiary, in Serbia to the 3rd Battalion Infantry Regiment 697th, dated the 14th of November 1941, and the reference is to the communication of the Regiment which we have just read, dated the 13th November 1941. "Subject; Reprisal measures. Information is requested why the 250 hostages are to be shot to death. Is it reprisal for losses of the Battalion or has the shooting to death been ordered by special order of the 342nd Infantry Division for the losses of other troop units?"
Then turning to page 53 of the English and page 44 of the German is the communication by the Battalion Regiment involved, dated the 19th of November. Again the communication is to the Commanding General, plenipotentiary, in Serbia. "Reference letter dated 14 November 1941 "which we have just seen... "referring to the 250 hostages to be shot to death in reprisal.
Regarding the 250 hostages to be shot to death, it concerns reprisal for the losses of the Battalion."
And now turning finally to 51 of the English and page 43 of the German is the report of the 3rd Battalion, 697th Regiment to the Commanding Plenipotentiary General in Serbia. The report was sent on the 18th of November '41, arriving at the higher headquarters on the same day. "In the mountain terrain southeast of Draginac near Terzici and Reginovac, 150 to 200 Communists in reinforced field positions concerned. According to statements by Chetniks heavy fighting between Chetniks and Communists in Ljubovija. Reportedly two to three thousand Communists. Chetniks unable to hold Ljubivija against them and asking for help particularly for ammunition. Arrival of a company in Koviljaca. Taking over of vital installations. Chetniks were disarmed and led to Sabac on 18 November. Despite greatest security measures, a reinforced reconnaissance unit, with combat strength was attacked by 150 Communists with 4 light machine guns and 1 heavy machine gun. This group of Communists came from the direction of Draganic, from the mountain terrain near Terzici and Rejinovac. Bitter hand to hand fighting occurred. Enemy losses: 15 dead. Losses of our own; 1 dead, 1 wounded (radio non-commissioned officer). Reinforced reconnaissance had to withdraw due to strong enemy superiority. One broadcasting apparatus and three bicycles were lost. The unit code was secured. A unit which immediately pursued with tanks could not save broadcasting apparatus and bicycles. Communists disappeared in stupid flight. Captured material: 57 rifles, 15 bayonets, 400 rounds of ammunition, replacement parts. Since no hostages are available at the Battalion, the Battalion asks that a unit in Sabac be assigned with the shooting of the 150 hostages.
As reprisal measures, Terzici and Draginac will be fired on by artillery. Patrol activity near Leznica." The report is signed by the commander of the 3rd Battalion 697th Regiment, Salzmann.
Turning how to page 51 of the English and 45 of the German -- I beg your pardon -- it's 57 of the English, page 45 of the German -- NOKW-1384 which becomes prosecution Exhibit 149, this is an "Evening Report" of the Ist Battalion, 699th Infantry Regiment. It is written from the field and dated 20 November 1941. Paragraph "2" is all that is pertinent from a prosecution standpoint:
"Towards 1:30 hours elements of the 2nd Company (Company Troop I and II Platoons) carrying out their task of occupying height 440 came into contact with the enemy. In a short violent exchange of fire, six Communists were shot. They were fully uniformed. Their average age was 20 to 21 years. Individual Communists managed to escape in a westerly direction. Enemy losses: 6 Communists dead, 2 Prisoners; Own Losses: None." Signed: "Captain and Commander of the Battalion."
Next on page 58 of the English, page 46 of the German, Document NOKW-236, which becomes prosecution Exhibit 150, this is an order of the Commanding General Plenipotentiary in Serbia dated "Belgrade 23 November 1941." distributed to the Commanding General Plenipotentiary in Serbia for his own files, to the LXV the Corps Command, and to the Headquarters Staff on the Premises; subject; "Death Certificates of Executed Communists, etc.":
"An inquiry of the Feldkommandantur 610 (Administrative Subarea Headquarters) in Pancevo has occasioned me to ask you to inform the units that if the relatives apply for confirmation of deaths resulting from executions carried out by the troops, it is to be given by the unit which carried out the executions, provided the name of the executed person and his death are established beyond doubt.
"I should further like you to order the troops to limit the confirmation to the statement that the person concerned has been shot to death on.... in.... by order of a high authority and to have this confirmation show the official seal of the unit but no signature.
I have issued the same directive for executions carried out by the police battalion and by the police forces of the Banat administration in the Banat."
And the Stamp: " For the Commanding General Plenipotentiary in Serbia The Chief of the Adminisstrative Staff."
Page 60 of the English and page 47 of the German is prosecution's next document, NOKW-1200, which is offered in evidence as prosecution Exhibit 151. This is a report of the Plenipotentiary Commanding General in Serbia. I beg your pardon -- it is a report of the 342nd Division to the Plenipotentiary Commanding General in Serbia dated -transmitted, rather -- the 27th of November.
Paragraph 4: "As reprisal measures 265 Communists were shot today." Continuing on page 61 of the English and page 48 of the German is another report of the Division sent to the Plenipotentiary Commanding General in Serbia on the 29th of November and received by him on the same day.
Paragraph 4: "Group North A. 7 dead, 12 prisoners, 2 shot."
On the same page, page 61 in English, page 49 in German, is a report of the Commander of the IIIrd Battalion, 697th Regiment, to the Plenipotentiary Commanding General in Serbia, sent on the 30th of November, arriving in higher headquarters the same day:
"Talisavac was taken with the support of artillery after heavy combat. Three road blocks an road Krupanj-Mojkovic were eliminated, one entirely destroyed bridge temporarily repaired. In many houses German equipment was found. These houses were set on fire."
Next, on page 63 of the English and page 50 of the German, Document NOKW-1113 is offered as prosecution Exhibit 152. This document is a series of extracts from the war diary of the 113th Division which was subordinate to General Boehme. Your Honors will note that from the 1st of November 1941 until the 12th of January 1942 this unit was subordinate to General Boehme as Plenipotentiary Commanding General in Serbia.
Then on the last four lines on the bottom of page 63 of the English and page 50 of the German:
"The division will be placed under the command of the Plenipotentiary Commanding General in Serbia (Headquarters LXV the Corps), Lt. General Boehme, Infantry, for the purpose of pacifying the Serbian area of revolt."
I should like to call your Honor's attention to certain of those entries: first, the entry of 18/19 November which is on page 64 of the English document book, page 51 of the German:
"The Plenipotentiary Commanding General visits the division and confers with the Division Commander about the operation for the destruction of the enemy in the Western valley of the Morava and the pacification of this area."
Then at the bottom of the page, entry for the 4th of December 1941:
"260th Infantry Regiment carried out two mopping up operations, during which the area around Cacak was investigated as to their membership in the Communists." It should read "in the Communist party who had actively participated in the uprise were found and shot. All other civilians were not suspected and were released. 32 rifles, handgrenades and ammunition were brought in."
I call your Honor's attention next to the entry of 5 December 41 and the reference to partisan units which is given in that entry on page 65 of the English, page 51 of the German:
"260 Infantry Regiment and 268th Infantry Regiment have mopped up the quartering area and have arrested 51 Communists, which were shot immediately. The leader of the 3rd Partisan Company of the Cacak Battalion was also arrested."
Next, the entry for the 7th of December 1941 on page 52 of the German, bottom of page 65 of the English document book:
"261st Infantry Regiment marched into Novi Pazar with the II. Battalion and Regimental Headquarters and was welcomed rejoicingly by the population. The situation there has been clarified in a surprising manner. Albanian gendarmes occupied the village so that neither Communist nor partisans appeared in its vicinity. But since the Albanians are mortal enemies of the Serbs, the Cetnik units located at Raska only wanted our help in order to take revenge on the Albanians. The unit needs great skill to master these various political tendencies.
The Division Commander arrived in Novi Pazar soon after the first troops and obtained a personal impression of the situation existing there."
The entry of 8 December 1941:
"Surprise raids carried out resulted in a number of partisans at Cacak, Uzice and Pozega who had returned again to the villages. 182 at Cacak, of which 16 whose active participation in the fight could be proved were shot immediately; 42 at Pozega; 40 at Uzice."
The entry of 9 December 1941:
"The Division Commander visited the 260th Infantry Regiment at Cacak and the IInd Battalion of the 260th Infantry Regiment at pozega. The commanders reported the impressions gained in their areas. According to the opinion of Lt. Colonel Haerder attacks against the troops are scarcely to be expected any more, since everybody fears the execution of the penal measure of 100 for 1."
Next, on page 67 of the English and page 53 of the German, portion of the entry for 11 December 1941, the middle paragraph of that entry:
"34 Communists of those arrested on the previous day were shot after exhaustive interrogation."
The entry of 13 December 1941, the last two lines on page 67 of the English, page 53 of the Germans "19 Communists and 18 partisans were arrested.
A further 10 Communists were shot."
Next on page 68 of the English and page 53 of the German, the entry of 16 December 1941:
"268th Infantry Regiment was mopping up from the Drina In the direction of Uzice and came upon a fight between Communists and Cotniks, in which the Communists lost 6 dead and the Cetniks 3. Twenty of the prisoners brought in were shot after exhaustive interrogations."
Finally, under the entry of 23 December 1941:
"Smaller bands have appeared again in the area of Novi Pazar. Major operations against them cannot be started on account of the snow. During minor patrols 43 Communists were captured. On the basis of reports by confidential agents arrests of suspected insurgents were carried out. 31 Communists, including 1 woman, were shot by order of Town headquarters Cacak."
Next, on page 70 of the English Document, page 55 of the German, NOKW 983, Document offered as Prosecution Exhibit 153, this is an enclosure to the Activity Report of the Wehrmacht Commander Southeast, and simultaneously the Commander of the 12th Army, dated 30 November 1941.
This enclosure outlines the jurisdiction of the Wehrmacht Commander Southeast, Commander in Chief of the 12th Army, and is important enough, I believe to be read in its entirety:
"On 5/ll/41, the new basic order of the Wehrmacht Commander in the Southeast and Commander in Chief of the 12th Army was issued regarding the regulation of command in the Southeast.
"In order to create clearly defined and coordinated channels of command in the occupied Southeast, the Fuehrer, the Supreme Commander of the Wehrmacht, has appointed a "Wehrmacht Commander in the Southeast" by order No. 31, dated 9/6/41."
Your Honors will remember that this is the document which appointed Field marshal List as Wehrmacht Commander Southeast, in addition to his command as Commander-in-Chief of the 12th Army. The seat of the Wehrmacht Commander in the Southeast is Salonica.
The Wehrmacht Commander Southeast is the highest representative of the German Wehrmacht in the Southeast. As such, he is directly subordinate to the Fuehrer and the Supreme Commander of the Wehrmacht. He carries out the Executive power in the territory occupied by German troops and he has here all the authority of a territorial commander.
Excepted from this unified command, regulations are:
a) The offensive aerial warfare in the Eastern Mediterranean. This is carried out according to orders of the Commander-in-Chief of the Luftwaffe. For this purpose, the Xth Fliegerkorps is subordinate immediately to him.
b) Problems of operational naval warfare in the Eastern Mediterra nean, the cooperation of the Naval Group Headquarters South with the Italian, Rumanian and Bulgarian Navy, as well as the transport tasks of the Navy in the Black Sea traffic, which will be carried out in accordance with orders by the Commander-in-Chief of the Navy.
These exceptions, however, do not change the basic principle of a coordinated Wehrmacht leadership by the responsible Wehrmacht Commander Southeast.
In detail, the Wehrmacht Commander Southeast is charged with:
a) The guaranteeing of a coordinated defense of the territories including the Greek Islands.
b) The coordinated direction of Navy Transport Movements.
c) The regulation of cooperation with the Italian, Bulgarian and Croatian High Commands in the Southeast.
d) The control of the supply by land and sea for all German Wehrmacht units committed in the Southeast.
e) The supervision of the administration in the territory occupied by German troops.
Subordinate to the Wehrmacht Commander Southeast are:
a) For the area Old Serbia, the "Commanding General Plenipotentiary in Serbia" simultaneously charged with observation of the affairs of the Commander Serbia.
b) For the area Salonica and the Islands of Lemnos, Mytilene, Chios and Strati, as well as for the neutral zone of Turkey in Thrace, the Commander Salonica-Aegean.
c) For the area of the harbor of Piraeus, for the billeting area of the German troops in Attica as well as for the islands of Melos and Creta: The "Commander Southern Greece".
d) The QAdmiral Aegean".
The "Commanding General Plenipotentiary in Serbia" and the Commanders are responsible for the coordination of the defense in their areas and for their security against interior disturbances. Within their areas, they have the authority of a territorial commander.
Within the above mentioned areas they carry out the executive power and direct and or supervise the administration. They are competent for all problems of billeting and of road construction.
All unit headquarters authorities and units are to fulfill the requests of the commanders pertaining to these matters. If danger threatens, each unit commander is obligated beyond this to take action independently and immediately with the necessary forces.
The Island of Creta occupies a special position in the Southeast. It is an operational area from which the Air War in the Eastern Mediterranean is carried out.
The "Commandant of Fortress Creta" is subordinate to the Commander South Greece. All units of the German and Italian Wehrmacht employed in Creta for the defense are subordinate to the Commandant of Fortress Creta in all tactical matters.
The eastern part of the Island has been assigned to the Italian occupation forces.
In his capacity as Commander of the Luftgau Staff, the Commandant of Fortress Creta is subordinate in all Luftgau affairs to the Commanding General of the Fliegerkorps by way of the Commander of the Luftgau Headquarters Southeast.
The "Commandant of Fortress Creta" carries out simultaneously the executive power and the supervision of the administration over the entire Island.
The "Admiral Aegean" is subordinate to the Wehrmacht Commander Southeast. For duties of "Admiral Aegean" sec. Ia No. 0303/41 top secret, paragraph 8.
Cooperation with the Italian, Bulgarian and Croatian High Commands in the Southeast is regulate in all basic matters by the Wehrmacht Commander Southeast. Matters of local significance are regulated by the Commander, the General in Zagreb and by the General of the German Army with the Royal Bulgarian Army Command.
The General of the German Army with the Royal Bulgarian Army Command, is subordinate to the Wehrmacht Commander Southeast in every respect.
The Military Attaches in Zagreb, Sofia and Athens are to inform the Wehrmacht Commander Southeast continuously regarding all problems pertaining to their work which affect the tasks of the Military Commander Southeast.
The position and the duties of the Commander-in-Chief of the 12th Army remain unchanged by his appointment as Wehrmacht Commander Southeast. The staff of the 12th Army functions simultaneously as the staff of the Wehrmacht Commander Southeast. All Army units employed in the Southeast are subordinate to the 12th Army.
Regarding the chain of subordination in the Command area of the Wehrmacht Commander Southeast, a difference must be made between:
a) Tactical subordination.
b) Territorial subordination.
Enclosures 9 to 16 of the order "Regulation of the Channels of Command in the Southeast" contains: Political problems, counterintelligence and ideological welfare, matters pertaining to the Engineers, road maintenance, rationing of construction material in Greece, Transportation, Signal communication, Problems of Wehr Economy, Jurisdiction, Wehrmacht patrols, I think we may skip now to the page 75, English, page 60 of the German, to enclosure 119:
Correspondence and reports.
Special directive will be issued separately for the supply. The order regarding the regulation of the Channels of Commands in the Southeast dated 25.6.41 is superseded by this new order.
See file with special enclosures: order regarding the regulation of the channels of commands in the Southeast.
6.11.: Commander-in-Chief: the higher to Army Engineer Commander General major Dr. Meise reports that he is leaving.
7.11: The hitherto Oberquertiermeister Lieutenant Colonel G.S.C. Freiherr v. Hanstein reports that he is leaving.
We will stop to the middle of page 75 of the English.
Enclosure 119.
On 7.11 the directives of the Wehrmacht Commander Southeast (18th Army) (that should read 12th Army instead of 18th Army) regarding the organization of the Fortress Division Creta and regarding the relief of the 5th Mountain Division, as prepared by the Ia, were issued to Corps Hqs. XVIIIth Infantry Corps, 164th Infantry Division, 718th Infantry Division, 5th Mountain Division, Commander Salonica-Aegean, Commander South Greece, for the Commandant of Fortress Creta and Admiral Aegean.
(signed.) For the Wehrmacht Commander Southeast The Chief of the General Staff I.A.Macher (?)On page 76 English and page 61 German, the enclosure is signed "For the Wehrmacht Commander Southeast, the Chief of the General Staff".On page 77 of the English and page 62 of the German, Document Book NOKW 1051, which becomes Prosecution Exhibit 154, this document is a collection of reports from the 342nd Division, dated 24 November 1941.
Under paragraph 1:
342nd Infantry Division (Stamp) SECRET !Branch Ia/op No. 9 Oct.
41 secret Divisional Battle H.Q. 24 Nov.
41.
Divisional Order For the Annihilation of the Enemy in the Area of Uzice.