Q How did you come to be assigned in the East? confidants for the Executive Service by the then chief of Office I to interrupt my studies at once and to go to Pretzsch on the Elbe River.
DR. FRITZ: One moment. At this point, Your honor, I would like to offer Fendler Document No. 4 on page 6 of the Document Book. I would like to offer this as Fendler Exhibit No. 4. This is the affidavit Hotzel. I do not want to read anything from this. Among Hotzel's jobs was the care for the candidates for the Executive Service. In this affidavit he describes how these candidates for the executive Service came to be assigned to the Einsatz.
Q (By Dr. Fritz) Continue, please, Mr. Fendler. to arrive and members of the Waffen SS and SD, both officers and men. Companies were set up. The man were clothed and given a brief course of military training. Finally Einsatzgruppen and Einsatzkommandos were set up. I personally was sent to Sonderkommando 4B as its Commanding Officer. The then Government Councillor and Sturmbannfuehrer Hermann was then designated as the leader of the Kommando.
THE PRESIDENT: Dr. Fritz, how long did that training last, this military training he spoke of?
DR. FRITZ: Witness, did you understand the question, how long did this military training last in Pretzsch?
THE WITNESS: Your Honor, the military training was very brief. It was limited to firing of weapons. The men and the NCOs had the possibility to go on a range and fire their weapons. At that time no intensive military training was possible, because the physical condition of the men didn't permit this in most cases; as already had been mentioned here, all the men intended to be sent to Einsatz were innoculated, and the results of this innoculation brought fever and weakness in its wake, so that a military training was not possible. BY DR FRITZ: you to go to Pretzsch?
BY THE PRESIDENT: Witness, how long were you in Pretzsch when you had this limited training on the firing of the weapons?
THE WITNESS: I was in Pretzsch from the end of May until the beginning of June - - I mean, the beginning of the war, that is, 22nd of June, or 23rd of June.
Q A matter of two or three weeks? on a target on a range?
Q Yes, you didn't receive any training in map reading, and in tactical movements?
Q In strategy?
Q None of that regular military training?
were just sent out to the target range and allowed to shoot small arms?
A I can not say. The men gathered at Pretzsch were distributed over several localities. I personally came in contact at Pretzsch only with a limited number of people. I heard that the NCOs and men who were in companies received a short training in the regular service. I don't know whether this means anything to the President, this expression.
Q A short training in the service. You mean there in Pretzsch? ing because of these innoculations which they received?
A Well, I did not mean it so exclusively. I don't mean to say to such an extent at the time the innoculation was performed, but the next innoculation was to take place one or two days later, and this days was used to train the men, to teach them how to behave themselves as soldiers in uniform. Most of the men had had no military training thus far.
Q You say this training period lasted two or three weeks? be used for training.
THE PRESIDENT: Very well. Dr Fritz. BY DR FRITZ: order given when you had to go to Pretzsch. Was the SD under military law at that time?
DR. FRITZ: Your Honor, at this point I would like to offer the affidavit of Alfons Pfoser. That is Fendler's Document No. 5, which is page 8 of the Document Book. I offer it as Fendler's Exhibit No. 5. It was one of Pfoser's jobs to take care of candidates for the executive service, and in the second paragraph of this affidavit he confirms that the candidate for the executive service didn't voluntarily report to this Einsatz, and refusal would have been prosecuted under military law.
BY DR FRITZ: there? We assumed that it would be against England. Only immediately before the breaking out of the war against Russia was the purpose of the objective and the destination of the assignment known.
Q What mission did you expect to get in this assignment? missions, as I knew them from the Sudentenland and Czechoslovakia. That is, the mission for security of the area, and the customary SD work, as well as the work of the organization of stationary SD agencies. to liquidate the Jews and other groups of people was made known?
Q As it was made known by Heydrich or Streckenbach? Russia, that outside of the usual Security Police tasks, the Einsatzcommandos had been ordered to execute Jews and other people from the East?
A. No.
DR. FRITZ: Your Honor, at this point I would like to refer to several affidavits. First of all, the affidavit of Haefner as Fendler's Document No. 6, on page 10 of the Document Book, which I am offering as Fendler's Exhibit No. 6. Haefner was also a candidate for the executive service, and he confirms in his affidavit the description which Mr. Fendler has just given.
THE PRESIDENT: Dr Fritz, can you tell us just a few words just what "executive service of the Security Police and SD" consisted of?
This affidavit says, they were candidates for the executive service. Just tell us in a few words what is meant by that, what kind of service that would be?
DR FRITZ: Yes. Your Honor, I don't know very much about it myself, this field, but during this trial I think I have learned the following in this respect. The SD tried to get new people for its leading agencies, from persons who had academic studies to their credit.
THE PRESIDENT: I don't think I made myself clear, Dr. Fritz. Several of these affidavits point to the fact that the witness was a candidate for the "executive service" of the SIPO and the SD. I want to know very briefly what is meant by "Executive service of Security Police and SD." Can you tell us that, witness?
THE WITNESS: Yes. There were three careers within the Security Police, and within the SD also, a lower one - a medium, and a leading one. The prerequisites for admission into the leading career was completion of a university course of studies.
THE PRESIDENT: Now witness, we are going into it too deeply. What is "Executive service"? Let's suppose we have a man in the Executive Service of the Security Police and SD. What does he do? Or maybe he does not sit at a desk, maybe he is up in a balloon somewhere. Tell us just what he does? was the function of the leader of a SD Sector.
THE PRESIDENT: Well, what did you do? We still don't know what this man in the Executive Service does. In the Reich it would include normally the area of a government district. He had the job in this district to gather material in all domestic spheres.
THE PRESIDENT: All right. I would like to have that with a certainty.
DR FRITZ: Herr Ohlendorf just called to my attention that the translation of the word "Leitender Dienst" had been translated "Executive service" but that it would have to be translated "Leading service".
THE PRESIDENT: Then the affidavit to that extent is not translated correctly. This affidavit on page 10 reads: "There from Spring until the Autumn of 1940 election camps for candidates for the executive service of the Security Police and the SD took place."
DR FRITZ: Yes.
THE PRESIDENT: Do I understand now that what was really meant is "Candidates for the lending service?"
DR FRITZ: Yes, Your Honor.
THE PRESIDENT: I see, very well.
THE WITNESS: If I may make another addition to this, Your Honor. It is the same as a career of a higher administrative official.
THE PRESIDENT: Yes, that is very clear, Thank you.
DR FRITZ: At this point I would also like to offer an affidavit of one Johannes Feder. Fendler's Document No. 7, page 13 of the Document Book. That is Fendler's Exhibit No. 7. Feder was also a candidate of the Leading Service. In paragraph 2 he describes how he came to Pretzsch, and I would like to read the next to the last paragraph into the record. I quote: "It was announced to candidates for the Leading Service mission, that outside of the Security Police measures Einsatzcommandos would have the job also to liquidate certain population groups in the East. I didn't hear about this in Pretzsch, not even through rumors." I would also like to offer the affidavit of Otto Heyer. That is Fendler's Document No. 11, page 26 of the Document Book. I am offering this as Fendler's Exhibit No. 8, I point out especially paragraphs 2 and 3, and I would like to read the beginning of paragraph 3 into the record. "I can state with certainty that neither in Berlin nor in Pretzsch were we informed of the task of Einsatzgruppen in the East was the solution of the Jewish problem. I was of the opinion rather that we SD people in this Einsatz would have to perform intelligence tasks such as fell to the lot of the SD, otherwise, that is, investigation and screening of the economic, cultural and food position, prevailing political feeling, relations in the sphere of law and administration, taking into consideration military requirements and necessities." I shall come back to this affidavit later. It is Fendler's Document No. 9, on page 19 of the Document Book. I am calling it Fendler's Exhibit NO. 9. This affidavit is of special interest, Your Honor, because Koenig was also an SD expert under Fendler in Sondercommando IV-B. I shall point to the fourth sentence which confirms what Fendler has just testified about what was made
THE PRESIDENT: That is the fourth paragraph, Dr. Fritz,
DR. FRITZ: The fourth paragraph, yes.
THE PRESIDENT: Very well. BY DR. FRITZ:
Q. Herr Fendler, what did Lommando Leader Herrmann tell you about the jobs of the commandos in Pretzsch, that is, your Kommandoleader. What did he tell you?
A. The Kommando-leader announced it would be the job of the commandos to look after the secrity of the rear areas, and to investigate the various domestic fields in the manner of the SD report. Finally, he announced that the Special-commando for Einsatzgruppe-C, to advance with the combat troops.
Q. What did the Sonderkommando IV-B consist of?
A. The Sonderkommando IV-B consisted of officers, of non-coms and of men who had been taken from the Gestapo, the Criminal Police, the Waffen-SS and the SD. There were also people on the emergency war status, such as drivers and interpreters. The commando had about sixty men altogether.
Q. Who were the officers?
A. The commanding officer Herrmann was, as I have already said, the SS-Sturmbannfuehrer, that is, Major. There was also the Police Inspector with the rank of an SS-1st Lt., and a SS-2nd Lt., who came from the Gestapo, that is, three altogether. A Police Inspector with the rank of 1st Lt. came from the Criminal Police.
A. SS-2nd Lt., and I, who was the Captain, came from the SD. An Interpreter in the emergency war status had the rank of a 2nd Lt.
Q. The Commanding Officer, Herrmann, also came from the Gestapo?
A. He belonged to the three offices from the Gestapo, of which I spoke. Maybe it was a little unclear.
Q. Were the various fields distributed among the various people in the commando according to previous carreers?
A. Yes, at Pretzsch already I was appointed Expert-III, that is for the SD work. The others from the Gestapo and the Criminal Police; those officers coming from the Gestapo and the Criminal Police were designated for the Security Police mission. The Senior Police Inspector who came from the Gestapo became Expert-IV.
Q. That is the executive?
A. Yes.
Q. During the entire duration of your assignment in the East, did this arrangement remain this way?
A. Yes.
A. How was this possible?
A. The Kommando Leader Hermann kept the whole of Kommando 4-B under his leadership all during this time. Therefore, he did not subdivide it into independently operating sub-Kommandos as has been reported frequently about other Kommandos in this Court. This, of course, does not exclude that small parts of the Kommando were used to carry out definite missions and that in this they were separated from the Kommando for a short period of time. Since the Kommando was essentially always together this sharp determination of the various fields of work could be maintained as the work required.
Q. Did the Kommando officer Hermann always have complete power of command during your time?
A. Yes.
Q. Please describe to the Tribunal what your various missions were in the Einsatz?
A. As I have already said I was designated as expert III in Pretsch, that is, for the SD work. At the beginning of the assignment the Kommando leader assigned liaison officers to the Third Army Corps belonging to the 17th Army. I personally was sent as liaison officer to the 49th Mountain Corps. Finally there were also jobs which I had to do, as well as the other officers, which resulted from the necessities of our military advance, for example, as Kommando officer of an Advanced Kommando.
Q. When did this assignment begin? When did you get to Russia. I just want to establish the date.
A. I cannot tell you exactly whether it was the 22 or 23 of June that we left Pretsch. We crossed the Russian border in the last days of June.
Q. Now we must briefly concern ourselves with these various missions. What work did you have to do as department leader III of Special Kommando 4-B? Just limit yourself to describing you own practical activity because general statements about SD work in Russia have already been made here in the course of this trial.
A. After the Kommando took up its new activity at a new garrison the first thing to do was to sift the captured material, documents, etc., and to pick out that material which was important for the SD work, to evaluate this material and to pass it on to the agencies concerned with it. That might be the Army, but usually the group. Secondly, liaison had to be established with the town Commandant and especially with the indigenuous personnel working for him. These were the Commissar Mayor, technicians, teachers, so-called agronomists. With their aid it was attempted to get a survey of the various domestic spheres, together with information about the morale of the population. This information was complied in situation and morale reports. After this survey had been established important individual problems were investigated more thoroughly and in a more extensive form and for this work indigenous experts were used. Usually this information was then utilized for individual reports.
Q. And where did these reports go?
A. As I have already indicated these reports were usually sent to the group, that is, via the Kommando leader. They were passed on, if the courier service would permit, usually once a week. At the same time the Army was informed either in a written form or orally. The Kommando leader would decide this and he usually informed the Army himself.
Q. Perhaps you can give a few examples briefly about your reports in the SD field?
A. One would have to add generally that during the advance, and that's true for the entire time of my assignment in Russia, that the SD work which would threat all spheres equally was not possible. The work had to be improvised and had to be started all over again at every now place. Reports were made about the expectations and about the morale of the population. The situation reports emphasized economic facts from subject matters including the care and the food situation, the supply situation of the population, the reconstruction of the industries and services, the bringing in of the harvest, the distribution of the land, the lack of agricultural machinery.
Furthermore we were concerned with questions of administration. Investigations were made of the strength of the organizational activities, National groups, about autonomy ambitious, about school questions, questions of the medical care of the population. Finally individual problems were discussed such as the research about the planting of the Russian rubber plant, cocsacis, and the compilation of reports about the Bolshevik industrial centers on the other side of the Ural Mountains.
Q. Your Honor, within the next few days I shall submit a document which will describe the manner of reporting which the defendant Fendler has just described.
THE PRESIDENT: Very well. BY DR. FRITZ:
Q. What assistants did you have in the SD work?
A. As I have already said there was another officer next to me who came from the SD, a 2nd Lieutenant Koenig who has already been mentioned, We were the only experts with the Kommando. There were no NCOs or men who came from the professional SD service. This 2nd Lieutenant and an interpreter were always at my disposal to assist me. And, according to requirements, members of the Waffen-SS were added and another interpreter if he was available.
Q. Your Honor, as far as the SD work is concerned which the defendant Fendler performed and which he described I would like to refer to a few affidavits. I first offer the affidavit of Henicke. This is on page 31 of the Document Book, Fendler document #12. I offer this as Fendler Exhibit 10.
Henicke was chief of Department III with Einsatzgruppe C. Thus he had the same activity in the Einsatzgruppe that the defendant Fendler had with the Einsatzkommando 4-B. record, your Honor, because of its significance. This is the 4th paragraph I quote:
"From the beginning of the Einsatz to the end of October 1941, I myself was with the staff of Einsatzgruppe C as Referent III. As such, I had to perform purely intelligence work, reports on public opinion and the situation in all spheres of Russian life, for instance, economy, culture, administration, etc. Fendler as SD-Reference for Einsatzkommando 4-B had the same tasks. It did not come to my knowledge that Fendler performed works other than SD work. Since the groups and Kommandos were poorly staffed by SD people and Fendler was the only specialist in the SD department in Einsatzkommando 4-B, SD people were used only as specialists. Fendler was fully occupied with SD tasks for his Kommando. Reports drawn up by Fendler were sent to me as his technical superior. In the Einsatzgruppe I did not receive reports about executions of the group and am of the opinion that Fendler also in his Einsatzkommando had no insight into these reports. On principle, the Referent III in the Einsatz, that is technical Department IV, performed no informers services for the Executive either."
Q. Your Honor, at this point I would once more like to refer to the affidavit of Heyer, which has already been offered, on page 26 of the Document Book. This is Fendler document #11, Exhibit #8, on page 27 and 28 of the Document Book, in the second half of the last paragraph on page 27, he also describes the SD work and he makes statements about the composition of the Kommando. I would like to read one passage into the record, page 27, the second paragraph, last sentence:
"Traveling back also were Obersturmfuehrer and Kriminalkommissar Bussinger and Kriminal-kommissar Kaerger. Bussinger told me he was IV Referent, therefore, was in charge of the executive. The fact was also discussed that enough specialists were available for the Executive while Herr Fendler in his specialized sphere was the only expert and therefore extremely overburdened with work. From conversations with Herr Fendler and other commanders of Einsatzkommando 4-B it was clear that Herr Fendler was the SD-Referent (III) with Einsatzkommando 4-B and, apart from that, Liaison Commander with 49th Mountain Army Corps, and to that extent, had the same task as I had. I gathered from the conversations that Einsatzkommando 4-B did not operate split up into subsidiary kommandos as was the case with same Einsatzkommandos, but always operated as a whole. Therefore, there was a clearly defined distinction from the point of view of work. Herr Fendler told me about his work and his reports which he prepared about the provisions situation, supply of the people, setting in motion of industry, strength and organization of national groups, condition and care of ethnic Germans, religious life, that is, concerning the 4 spheres of live about which in general the SD reported." ler Document 10. At this point I call attention to the second paragraph of this affidavit of Martens.
THE PRESIDENT: Exhibit number?
DR. FRITZ: 11, your Honor. Martens was in the same Einsatzkommando 4-B. I shall come back to this affidavit later on.
fidavit Koenig. This is Fendler Document #9, on page 20, page 21 of the Document Book on top. And from page 20 I would like to read the second paragraph. I quote:
"The executive tasks of the Kommando came under category IV. During the entire period of our assignment, Fendler and I never handled this category. Many specialists from the Secret Police and Criminal Police-officers and NCOs-were available for category IV. On the other hand, Fendler and I were the only ones who worked on category III (Security Service matters). Category Iv - that is, the executive part was handled completely separately from category III. These working on it were subject exclusively to the directions of the Kommando commander, but not to these of the specialists working on category III. On the other hand, the executive department did not have the right to give technical directions to the specialists of category III. The intelligence work of the Security Service branch was in no way connected with the executive side.
"It also never happened, while we were there, that technical directions of the Kommando commander for the Executive Department were perhaps issued through those working in category III." Koenig who made out this affidavit worked under Fendler in Special Kommando 4-B. BY DR. FRITZ:
Q. Herr Fendler, you have described your SD work in the assignment. What job did you have as liaison officer to the 49th Mountain Army Corps?
A. The Kommando leader Hermann at the beginning of the assignment told the liaison officers who had been designated as such about the general mission. First of all, the establishing and maintenance of continuous contact with G-q. Secondly, mutual exchange of political and military intelligence material and third, clarifi cation of the questions concerning the advance garrison and supplies of the Kommando.
Only that liaison officer would handle these matters who was designated for the particular Army Corps and in whose operational area the Kommando was just stationed at that time. In my capacity as liaison officer to the 49th Mountain Army Corps I only was active once. The 49th Mountain Corps was at that time 40 kilometers east of Tarnopol in Trembowla. I took up contact with this G-2 and carried out the orders of the Kommando leader to secure the approval of G-2 for the advance of the Kommando. Thereupon I prepared quarters in Trembowla for myself and a small detachment. The Kommando advanced on Trembowla from Tarnopol two days later. About a week after the Kommando arrived in Trembowla I had another discussion with G-2 about the move of the Kommando, at that time into the area of Proskurow. I don't recall that later during my assignment I have spoken again with G-2 of the 49th Mountain Corps and I did not receive any orders later as liaison officer to another Army Corps of to the Army Headquarters and to perform any function in this capacity.
DR. FRITZ: YOUR Honor, this would be a nice point to recess.
THE PRESIDENT: The Tribunal will be in recess for 15 minutes.
THE MARSHAL: The Tribunal is again in session.
DR. KOESSL: Dr. Koessl, deputizing for my colleague. Dr. Gawlik. I would like to ask the high Tribunal that the Defendant Naumann be excused from attendance in court this afternoon so that he can assist in getting the document books ready.
THE PRESIDENT: The Defendant Naumann will be excused from attendance in court this afternoon Proceed, please.
DIRECT EXAMINATION (Continued) BY DR. FRITZ: work as SD referent and also your work as liaison officer. Were you then given any other tasks during your assignment in the East?
A Yes, for example, as chief of an advance kommando. As I described already before the recess, I was in charge of an advance kommando on two occasions in Trembowla as well. I was assigned in these advance kommandos because the experience in the first weeks of our advance in the East had soon proved that the intelligence material which the Bolshevists had left behind could only then be secured if we succeeded to advance with the front troops and to occupy these offices before the material was taken away by the advancing German Wehrmacht members who used these rooms as staff quarters and scattered the documents in a number of cases. As far as I remember, during the whole time of my assignment it was not possible, to achieve a good cooperation of the entire kommando. It was necessary to operate with small advance kommandos. The advance kommandos of which I was in charge had each about sic to eight men. The mission given to me was; first; securing material left behind by the Bolshevists, any document material or information material; secondly, securing billets and the supplies of the kommando which was following us. other tasks except those you just described?
any other tasks.
Q In particular then, you did not carry out any police measures?
A No, never. The Security Police work and the SD work only started when the kommando arrived at this new garrison. In both cases I just mentioned the kommando followed already the day following my arrival. That is, their work started then under the command of the commander of the kommando.
Q But the prosecution maintains, and I quote, "that repeatedly you carried out the function of a deputy chief of this unit".
A No, this was never true. While I was assigned I never had full authority of command over the kommandoo not even in the case that the kommando chief was absent. Even when the commander of the kommando was absent. Even when the commander of the kommando was absent I could not give any instructions to the executive and certainly could not give any orders for executions.
Q Your own affidavit which is contained in Document Book III_C in the English book Page 55, in the German, Page 89, it is the Document No_4144, Prosecution's Exhibit 142, says on Page 2 of the original under number 3, I quote: "I have never been officially designated as a deputy to Hermann. I have, however, taken charge of official matters during his absence." How am I to understand this? However, I want to explain in more detail, why it was formulated in that manner. While signing the affidavit in the presence of Mr. Wartenberg, I asked to add something at this particular point according to the statements I had made concerning these problems. Mr. Wartenberg told me that there would be no point in it, and he refused to have this addition made. My statement on this point I had made in sufficient detail during the interrogation.
trying to put into it. At that time Mr. Wartenberg did not tell me what this affidavit was going to be used for. He persuaded me to sign it; had I known I would have insisted on these supplements.
Q. Mr. Fendler, another question. Do you believe that the record of the interrogation shows that explanations were made which must now be in the hands of the Prosecution?
A. I am not sure of that at all. During my interrogation I had to find repeatedly that the secretary either on instructions of the interrogator or simply because she could not keep up with the speed, did not keep up and I had to repeat some matters. I don't know, therefore, whether this particular passage was included with all the clarity and detail necessary in the record about my interrogation. I can only say that I described this point to Mr. Wartenberg in great detail as I shall try here myself now in order to clarify any misunderstandings.
Q. Please, do so.
A. During my assignment, as I emphasized before, I was never fully authorized deputy of the Chief and in practice I was never responsible for all the functions of the Kommando. During the whole time of my assignment, the Kommando Chief Hermann, was never absent for any length of time from the Kommando. I myself remember only one occasion when he was absent for more than one day from the Kommando. At that time the Kommando was in a village because they could not move on because of heavy rains which made the roads unusable. The Kommando chief himself at the time was with a staff near the Kommando. While the Kommando Chief was absent for a few hours or a day there was no deputy appointed by him. For the work in the various fields the expert on each field acted as his deputy in their field and had to make their decisions on their own, independently. They were responsible for these decisions, for what the Commando Chief did. That is how it was handled in the Reich office as well when no permanent deputies had been appointed. The senior officer, if it became necessary, represented the Kommando to others and and in case of an emergency he was in charge of the Kommando.
Except Chief be handed on.
The senior officer present in such a case did not have full commanding power then.
I must add here that very often I
Q. Your Honor, at this point I would like to refer to a few graph and page 29 of the top. This is the affidavit by Heyer who at this point confirms the explanation given by the witness.
Also I would the paragraph before the last on this page; I quote:
"It is not known to me that Fendler was deputy of the Kommando Commander; he did not appear as such in reports or group conferences."
I also want to refer Beginning on page 24, the last paragraph, I would like to read.
I quote:
"Sturmbannfuehrer Hermann was the Commanding Officer of the Einsatzkommando.
So far as I remember, he was never absent from the this time he was neither ill nor on leave.
Hermann never had a deputy Hermann."
I would like to mention here that Martens was in the same third paragraph on this page.
I must correct myself, your Honor, the is, Department 4?
A. No, the departments were independent. Department 4, in order
Q. Who made out the reports about the entire activity of Commando 4 B which was sent to Einsatzgruppe 4 C?