"'We chased women and children into the swamp, but that did not produce the necessary effect, as the swamp was not deep enough so that one could drown in it. One could reach ground at about a meter below the level of the water.'"
THE PRESIDENT: We will adjourn now for ten minutes.
(A recess was-taken.)
THE MARSHAL: May it please the Court, regarding the defendant Hess, he will be absent until further notice on account of illness.
COLONEL SMINOV: I continue with the end of a quotation. In the same headquarters there was discovered a telegram No. 37 from the commandant of the Carrier Brigade of the SS Standartenfuehrer, a cavalry unit, the 2nd Cavalry Regiment, dated the 2nd of August 1941. In it it is mentioned that the Reichsfuehrer SS and of the police, Henlein, considers that the number of exterminated members of the civilian population too insignificant; and, further, he points out that it is necessary to take radical measures or steps, and that several units of the commando are too soft in conducting their operations; and, further, he orders to report daily the number of people shot. activity of the defendant Rosenberg; the general proposition of the Reich leadership in planting the regime of terror in occupied eastern regions. That is, he was one of the authors of such instructions, Rosenberg, as it is known in the German-Fascist occupied border regions. Rosenberg published a series of similar orders, the aim of which were terror, and which were published by other high German officials.
I submit to the Tribunal USSR Exhibit No. 39, Communication of the Extraordinary Commission, about the atrocities of the German-Fascist occupants in the eastern part of the United Soviet Socialist Republics. I quote--this will be found on page 232, in the first column, fifth paragraph.
"On the 17th of July 1941 Hitler, by means of his decree, turned over the legislative powers of the territory of Estonia to the Reichsminister Rosenberg. The latter in his own turned over this legislative power to German district commissars. Arbitrary actions were introduced in Estonia. Terror was raging throughout the country.
Reichsminister Rosenberg, Reichscommissar for the Baltic regions Lohse, and Generalcommissar of Estonia Litzmann deprived the Estonian people of all political rights. On the basis of Hitler's decree of the 17th of July 1941, Reichsminister Rosenberg promulgated on the 17th of February 1942 a law especially for people who are not of German nationality, and he established for them the punishment of death for the most insignificant action of protest against Germanization and for any sort of violation against people of German origin. poral punishment. On the 20th of February 1942 the official of railroad administration in Riga, Volk, directed to the administration of the railroads in Estonia a wire of the following contents:
"Every violation of discipline on the part of an employee who belongs to the local nationality, in particular, his failure to appear for work, being late for work, not carrying out the orders, and so forth, from now on shall be punished with utmost severity.
"(a) For the first violation, fifteen strokes with a club on the bare part of the body;
"(b) In case it is repeated, twenty strokes with a club on the bare part of the body." courts which consisted of a president who was a police officer, and two policemen who were under him. Their procedure of orders was determined by this court at its own discretion. The courts always carried out death sentences, and also confiscated property. There was no other punishment decreed by the court. There was no appeal from the verdict of such court. Besides, in the courts which were created by Rosenberg death sentences were carried out by German political police, and those sentences were executed the same day. court. Litzmann himself appointed judges, prosecutors, notary publics, and attorneys; everybody, without an exception. No. 18, a photostat of a terroristic order of the German authorities, and I beg the Tribunal to accept this document as part of the evidence. This is an order of the German kommandatur of the city of Skop. You will find the text of this order on page 235 in the document book. In this document one can see that peaceful civilian populations were not permitted to go on to the highways in their own locality. Anybody who was seen there by German officers, always those peaceful citizens, were to be shot. I quote the text of the document, beginning with paragraph three.
"On the basis of the above-mentioned, I order:
"1. All members of the civilian population, independent of their age and sex, found on railroad tracks or near them must be considered as bandits and subject to being shot. It is evident that those walking in columns, who are being supervised by the Germans, are excluded from this order.
"2. All people mentioned in the first paragraph who cross the roads will be shot.
"3. All persons mentioned in paragraph one, who at night or at twilight are found on the roads will be shot.
"4. Persons mentioned in paragraph one, if found on the roads during the day time, are subject to arrest and most detailed checking-over." on the strength of the Fuehrer's principles. Such were the laws of high executives and representatives of military authorities of the German-Fascist state. But the right of relentless reprisal against peaceful populations was not confined only to them; any kommandatur, any kommander of a small unit, and finally any soldier of Hitler's army had the right of reprisal towards the peaceful population of the occupied regions. Hitler criminals always used this right in carrying out their beastial ruthlessness towards innocent people. They murdered and terrorized other people. I submit to the Tribunal the exhibit USSR 9, a communication of the Extraordinary Commission, about atrocities of the German-Fascist occupants in the city of Kiev. The Court will find this place which I would like to refer to on page 238 of the document file. In the fifth paragraph of the first column of the text I quote;
"German executioners from the very start of their occupation of Kiev were carrying out mass extermination of the population by means of tortures, mass shootings, hanging, poisoning with gas and murder vans. People were seized right in the streets, being shot in big groups and singly. In order to terrorize and intimidate the population, announcements of the shootings were posted." as evidence photostats of several of those posters. It is also mentioned in the text of the Extraordinary Commission. In particular, I ask the Tribunal to accept as evidence the photostat of this poster which is being presented as USSR Exhibit No. 290. The text of this poster is a follows. I ask the Tribunal to excuse me, because the translation may not be correct, but the.
I translate the text this way:
"As measures of reprisal, in connection with the act of sabotage today, one hundred inhabitants of the city of Kiev were shot. This is a warning. Every inhabitant of Kiev is responsible for every act of sabotage. City Commandant." in the document book. It is a photostat of the following poster, signed by the commandant of the city of Kiev. I quote:
"In Kiev there is malicious sabotage to the means of communication -thelephone, telegraph, and cable. Since we could not tolerate any further sabotage, then four hundred men in the town were shot, which should serve as a warning for the population. Once again I command that people would immediately report to German troops anything that is known to them about suspicious cases; either to the German troops or to German police so that criminals can be adequately punished." Signed "Eberhard, Major General and City Commandant, Kiev, 29th of November 1941." in Kiev. The Tribunal will find the text of this poster on page 242 in the document book. I quote:
"Arson and sabotage, which have become more and more frequent in Kiev, force me to resort to the most severe measures. Therefore today three hundred inhabitants of Kiev were shot. For any new case of arson or sabotage a large number of inhabitants of Kiev will be shot. Every inhabitant of Kiev must report to German police any suspicious cases. I shall maintain order and calm in Kiev by all measures and under any circumstances. Kiev, 2 November 1941. Eberhard, Major General and Commandant of the city."
Tribunal, but it was only partially read into the record. I shall quote a very short excerpt from it. I refer to document which was presented as USSR-63, which in itself consist of the act of the official report of the Commissar of the Drjinsky Region, City Council, Stalingrad. I call the Tribunal's attention to this official report which was drawn up by members of the official authorities, and people of Drjinsky Region of the City of Stalingrad was checked and certified by the Extraordinary State Commission, and the authenticity of the cases reported in this report was certified. In connection with this I also present documentary report of this State Extraordinary Commission signed by Academican Commissioner Trainini, who was a member of the commission, and other people. I believe the members of the court will find the official report on page 222 in the Document files, in the first column of this text. I shall begin the quotation from the official report of the Commission investigating the territory of Drjinsky Region in the City of Stalingrad, where this information is gathered about posters. They went on to state the facts in Stalingrad, and also the consequences of these posters. members of the Tribunal have. The last paragraph in the first column of the text I begin: "The Military Commandantur saw that everywhere posters were put up in streets which threatened to shoot for every step. For instance, in Aral Street where there was such a post. Whoever will pass here death to him.' On the corner of Nevsky and Medveditzky Street they were shooting Russians for violating, for trespassing, etc., and really Germans shooting people at every step, and hundreds of graves testify to it, and graves and graves were found along the streets in Drjinsky Region of the City of Stalingrad, and were tortured, were shot, and some hung in a building next to the commandantur. First they were thrown into a pit which was located right next to the building coming into the Commandantur. discovered in this street when this pit was filled up with corpses and were used to carry all the corpses out to the graveyard which was located two kilometers from the building of the commandantur. There was a pit dug in that vicinity about six meters in depth, forty meters in length, and twelve meters in width.
After the occupants had been driven out to this above mentioned pit, there was discovered 560 corpses of Soviet citizens, including the corpses of fifty children, who were tortured, shot and hung in the commandantur and other places. Hitlerites brutally tormented the Soviet people before they were killed. Besides the corpses of children, there was discovered 323 corpses of women, 69 corpses of old men, and 74 corpses of men. 141 corpses had traces of bullets in the head and chests; 92 corpses had traces of strangulation, which testify to their being hanged. All other bodies were mutilated at the place of torture. 130 victims, women and girls, had their hands turned behind their backs, and they were tied with wires, and 18 corpses had breasts cut off, some had their ears and fingers and toes chopped off, and majority had burns. torture and wounds, and the rest after tortures were shot. Even corpses of children were mutilated. Some had their fingers cut off, and buttocks were cut; eyes were gouged out. I shall stop quoting from this document, and in compliance with the actions of the Tribunal, I shall give particulars which should be presented as evidence which indi cates something new on the tortures f the Hitlerites.
I omit three pages of the report, and skip the next section to tortures which were practiced by the Hitlerites during the interrogations, when tortures were officially sanctioned by the Hitlerites. I present to the Tribunal USSR-11 as one of such documents, which testifies to the fact that tortures were officially directed by such documents as served their action for concentration camps, a Manual for concentration camps which was published in Berlin 1941. This document, Your Honor, you will find on page 244 of the Russian Document, in Section 3 of their section entitled, "Corporal Punishment", and it is said:
"For this punishment is permitted from 50 to 125 strokes to be given occupant on the buttocks and on the back. The number of strokes is set by the commandantur of the camps, and entering the number in corresponding rubric of the order dealing with the punishment." the Court, but in compliance with the Court's direction I omitted the document which was presented as Exhibit L-89, and I go on further:
"This formula was seized in the German archives when troops by the Yugoslav army and is added as evidence to the report of the Yugoslav government already submitted to the Court. original copy of orders for especially severe interrogations, and. I submit it as No. 254, and which we ware presenting as original of report of YugoSlav Government. This order, as it is signed on the copy, certifies its origin was drawn form the German archives of the German Army, and is being presented as evidence. I shall not describe it, or comment with my own oratory, and I shall quote the report of the Yugoslav Government on page 26, the last paragraph. I believe the Judges will find it in their book on page 256 in the Document File, in the last paragraph, I give the quotation. In order to characterize more clearl this beastly cruelty to which the Germans were resorting when they were carrying out this plan of extermination, we sub; to the Tribunal one more original document which was seized in the German archives in Yugoslavia. It is a blank order for conducting what is called specially severe interrogations of the victims of the German Commandantur criminally such interrogations were conducted extensively by the German Security Police and the SD.
of, or resorting to especially severe interrogations. On the second page competent and responding SS Officers approve such interrogations. As an answer to the question, "How this special severe interrogations should be conducted, "we find as an answer to it the following instruction from this order: "The especially severe interrogation should consist of -records of the interrogations should be kept. It is permissible to call in doctors, or one may not call them in." Mentioning the position, and about his presence during the interrogation, does not leave any doubt as to the fact the interrogation really consisted of the physical torure of the one who was interrogated. It is a fact that for such interrogation there were printed instructions which clearly proves that they resorted unmasked to such criminal means. That concludes my quotation. went to interrogation, that during the interrogation of one who was suspected or may wish to attempt to commit suicide, therefore, the leader of SS people would not permit the unqualified orders to tie hands and feet once, but when interrogated he put him in chains.
of Chief of German Police No. 202-43, dated July 1943. It is certified by this Extraordinary Commission, and I quote the document. I omitted the stamp on it, that date on it is Berlin, 1 June 1943, and I quote only the text:
"Subject, Prevention of Excape during interrogations. In order be prevented.
It is possible to use rings and chains if such are on hand."
Authorities, I submit them to the Tribunal not simply to show the official German documents provided, or called for, or resorted to torture during interrogations. It is well known and does not need any special proof, but I present some of the very few of the documents that are now at our disposal, documents there showing how those tortures to which they were subject in the police cells and police chambers when arrested, how much worse they were than were those that were really ordered for the criminals themselves.
I submit to the Tribunal USSR No. 1, communication of Extraordinary Commissioner, trustee in German Fascist, document in Russian. An investigation was being carried under the leadership of German fascist, and is our document No. 272 I begin my quotation with the first paragraph. After the first line I shall start, as probably the gentlemen of the Tribunal remember he was a member of the Extraordinary Commission. I begin the quotation: "Extraordinary in their cruelty, torture and torments, the Soviet citizens were carried in a building of the Gestapo, who were, for instance, the citizen Kovaltchuk Phillip Akimovitch, who was born in 1891, and who lived in the City of Piatigorsk was arrested 27 October 1942, and while at his own farm. That he was beaten until he was unconscious, then he was carried to the Gestapo, and he was thrown into one of the cells.
After twenty-four hours the Gestapo men started torturing him; he was interrogated, and beaten only at night. After the interrogation he was called into a separate chamber, where very special machines and devices for tortures were, chains with rings for leg irons and feet irons. This chain was attached to the cement floor of the chamber. Those arrested were first absolutely undressed, and then nut on the floor, and their hands and feet were chained.
Citizen Kovaltchuk was subjected to such tortures. While being bound in chains he could not move at all. He was lying on his stomach and in such a position he was beaten by rubber clubs sixteen days. Besides this inhuman torture, the Gestapo also resorted to the following: Some were bound in chains on their back where they used to put on a wet board, and they used to bound this board with heavy weights, and as a consequence of this, the person was bleeding from the mouth, nose and ears, and he would lose consciousness. These torture chambers in the Gestapo building was arranged in such a way that during the torture of the one person, others arrested people who were in the cells in the next chambers, and who were expecting reprisals, would be eye-witnesses of the tortures and the beatings. After this torture those arrested who were unconscious would be thrown aside, and the Gestapo men would by force grab the next victim, and again they would put it in chains and would continue to subject it to the tortures in the same manner.
The torture chambers were always covered with blood. The board which was placed on the back also was covered with blood. The rubber clubs which were used to boat the arrested were red on account of blood. Arrested Soviet people doomed to shooting after unbearable torture and whippings and beatings, would be driven into a car or truck and be taken out of town and shot there. I skip more paragraphs and continue my quotation.
"The witness Tchaika Varvvaza Ivanovna was born in 1912 and was in Dzerdzinsky Street 31, Apartment 3. While she was in the Gestapo prison, she was subjected to incredibly cruel tortures carried on by the Chief of the Gestapo, Captain Vintz. During her sojourn in the prison she testified about it; "I was subjected to torture and beatings by the Chief of Gestapo, German Captain Vintz. He called me into an interrogation in the torture chambers. There were four tables in there and a chair. There were wooden rails on the floor, and two buckets of water in which ware leather thongs. On the ceiling there were two rings, with ropes threaded into them, and the arrested during torture was suspended from these rings, and on order of Captain Vintz the Gestapo man placed me on a table and took all my clothes off, and then severely boat me with lashes. I was beaten twice. Altogether I received seventy-five torture lashes. My kidneys were practically split open, and I lost eight teeth." What had taken place in the Starzopak torture chambers on Dzerdzinsky Street was not exceptional at all. The same thing was being done all over. To confirm this I shall refer to the already presented document Exhibit USSR-9, communication of the Extraordinary State Commission about the depredations and tortures which were committed by the German Fascist commission in the city of Kiev.
paragraph, and again I shall quote from their excerpt, from which I begin:
"Murders were often preceded by sadistic tortures. The Archimandrite Valerian testified that Fascists used to beat the weak and sick people until half dead. They would subject them to water treatment in cold weather. Finally they would shoot them against a police wall and in torture chambers which were in the Monastery of Kiev-Petshersk." I shall direct the Tribunal's attention to the fact that the place was a monastery which was one of the most of the churches visited. It was regarded of such architectural value that it is very close to the hearts of the Soviet people and a real monument which adds greatly to Russian culture. And this police terroristic chamber was established in this monument of culture. As to the subsequent fate of this cultural monument of Russia, the Tribunal will learn from the next presentation. of the German Fascist extermination in Odessa. I refer to the extraordinary communication of the Extraordinary State Commission to crimes committed by German program in the city of Odessa, and the Odessa district. I submit this to the Tribunal as USSR Exhibit number 47, and I submit it as refutable evidence in confirmation of the evidence provided by Article 21 of the chapter. I shall quote and you will find on page 282 of the document book, fourth paragraph, of the second column of the text. In this particular text there was testimony further to the Tribunal which was given. I quote it. I quote from the communication of the Extraordinary State Commission, page 282.
examiner wished, then the voltage was increased. The body of the one start to rotate him.
After having rotated him up to 200 revolutions, speed.
At that particular moment the executioners would beat him with rubber truncheons on both sides.
The man would lose consciousness, Colonel Pokrovsky, USSR Exhibit 41.
That is a communication of the of the Territory of Latvia, Soviet Socialist Republic.
I shall quote from this document.
I begin on page 286 in the document book, "In the camps and prison, the German executioners subjected prisoners to torture, beating and shooting.
In the central prison prisoners were beaten and tortured.
All around were heard shouts and groans in the chambers.
Daily from 30 to 35 people died because of torture.
Whoever survived after torture and boating would return his body torn.
No medical aid was given to the ones who were tortured."
in the text of the communication of the Commission. I shall not delay I shall now address myself to the next section, and that is:
Murder of Hostages. I shall make a few introductory remarks.
German Fascists of the bestial system of hostages. The system of in carrying out murder of hostages.
Under that system the Hitlerites about the murder of hostages.
Since crimes were perpetrated by murders.
Considerably the same remarks apply to Poland and especially to Yugoslavia.
In those countries Hitlerites, under the of Eastern Europe.
I submit an extract from the report of the Polish Republic.
The Tribunal will find the quotation on page 128 in the sixth column of the sixth paragraph.
It begins this way.
"One of the most repulsive features of Hitlerite occupation of Poland was the introduction of the system of hostages.
The collective "Here are several typical cases of mass reprisals that serve "In November 1939 an unknown person set on fire a warehouse The warehouse was the property of a German.
As a result of this, a certain Sterling, who was an SS Standardefuehrer, received an order from higher authorites to resort to reprisals.
A certain number of Poles from among the most prominent citizens were arrested. Out of those, 50 were chosen and publicly shot by SS men. Among the victims were: the two brothers Jankovsky, one an attorney, the second a priest, the tailor Malkovsky, the merchant Zemny, major in the army reserve Vona, the son of a barkeeper, the publisher of a newspaper, and a priest Bronislav Dembenovsky.
"In October 1939 German authorities caught a certain number of Poles in the city of Inovroplav, and put them in prison as hostages. Then they were led into the courtyard where they were unmercifully beaten and were shot one by one. Altogether, 70 were killed, among them the city mayor and his deputy. Among the victims were the most prominent inhabitants of the town."
"On the 7th of March, 1941, movie actor Igo-Sym, who considered himself as belonging to the German nationality, and who was in charge of the German theaters in Warsaw, was killed in his own apartment. Even though the killers were not found, the Governor of Warsaw said that Sym was killed by Poles, and he ordered the arrest of a large number of hostages, the closing of the theaters, and he set a curfew for the Polish population.
"Hostages were taken in order to ensure the finding of the ones who were guilty of the murder. There were about 200 people arrested. Among them were teachers, clergy, physicians, attorneys and actors. The population of Warsaw was given three days to find the murderers, the killers of Sym. After the expiration of the three days, since the killers were still unknown, 17 hostages were executed, among them Professor Orkopetz, his son, and Professor Sakuchevsky." Government and ask the Tribunal's permission to refer to a short extract from the report of the Czechoslovak Government. There is one part I would like to read into the record.
The Tribunal will "Even before the beginning of the war, thousands of Czech doctors, teachers and others, were arrested.
Furthermore, in every as hostages at the first indication of disorders of 'public peace and security.
' "In the beginning, in 1940, Karl Franks said in his speech to loyalty.
Some time after the attempt on Heydrich's life, many of "A typical method of Nazi police terror was reprisals against "In such a case in 1939 the Gestapo called in all the directors told them that they would be shot should there be a strike.
On "I know the condition that I shall be immediately shot if my factory stops production without a good reason.
' "In a similar way school teachers had to be responsible for the loyal behavior of their pupils.
Many teachers were arrested only writing anti-German slogans or while they were reading forbidden books."
By way of introduction I shall just say a few words. These special development.
Here one really could not mention the killing of hostages even though the official documents of the Hitlerites, which will be presented to the Tribunal, mentions this term.
In essence really, under the alleged murder of hostages, Hitlerite criminals on an enormous scale were carrying out or executing the regime of terroristic extermination of the peaceful population, not only the guilt of someone, but also for what, according to Hitler's way of thinking, might have been done by some people. I submit the document that confirms it. the honorable members of the Tribunal will find on page 259 in the document book, (first paragraph) I begin the quotation:
"Murder of hostages. Murder of hostages was one of the means which were used by military organizations and the Reich Government on an unbelievable scale for mass extermination of the Yugoslav population." this connection an inumerable number of concrete details and original evidence from German archives. We herewith submit only a very limited number of such documents and proof, which are sufficient in number, however, to present the fact of the killing of hostages as a part of a common plan and of the methodica system of Nazi crime. from the order of the Commander of a so-called "West" group, which is General Brauner. The following quotation is used:
"In regions seized by partisans, seizure of hostages from all strata of the population remains in force as the only means of intimidation that really is successful." with the murder of hostages, the Yugoslav Government submits to the Tribunal a series of documents which I am submitting to the Tribunal and I ask them to be incorporated into the record as evidence. I am submitting to the Tribunal the following documents:
1. Under USSR 318, a certified photostat of a poster of a commanding gene Commandatur in Serbia, dated 23 of December, in which he announces the shooting of fifty hostages.
2. As USSR Exhibit Number 319, certified photostat of an announcement of the same commanding general, dated the 19 of February, 1943, in which he announces the shooting of four hundred hostages which was carried out on the same date in Belgrade.
3. As USSR Exhibit Number 320, a certified photostat of an announcement of the Regional Commandatur in Pozarevatz, dated 3 April, 1943, in which it is announced as to the shooting of seventy-five hostages.
4. As USSR Exhibit Number 321, a certified photostat of an announcement of the Regional Commandatur, dated 16 April, 1943, in which there is announced the shooting of thirty hostages.
5. A certified copy of an announcement of the Military Commandant of Belgrade dated 14 October, 1943, in which he announces the shooting of one hundred hostages. I submit the document as USSR Exhibit 322.
"Planned and systematic murder of hostages is revealed by the following testimony, which was collected by the Yugoslav State Commission Investigating War Crimes on the basis of confiscated German archives and data found in archives. The evidence refers only to Serbia.
"On the 3 of October, 1941 in Belgrade, there were sho 450 hostages. On the 17 of October, 1941 in Belgrade were shot two hundred hostages. On the 27 of October, 1941 in Belgrade, fifty hostages were shot. On the 3 of November, 1941, in Belgrade, one hundred hostages were shot.
"Other information reveals the enormous number of crimes in a very short period.
"On the 12 of December, 1942, in Kraguevatz there were shot ten hostages. On the 12 of December, 1942 in Krusevatz ten hostages were shot. On the 15 of December, 1942 in Brush thirty hostages were shot. On the 17 of December, 1942 in Petrovatz fifty hostages were shot. On the 20 of December, 1942 in Brush ten hostages were shot. On the 25 of December, 1942 in Petrovatz fifty hostages were shot. On the 26 of December, 1942 in Brush there were ten hostages shot. On the 27 of December, 1942 in Krusevatz twenty-five hostages were shot." such figures could be cited ad infinitum.
"Shooting of hostages as a rule was conducted in a barbaric manner. More often the victims were made to stand one behind the other in groups, to wait their turn to be eye-witnesses of the execution of the preceding group. In such a consecutive manner those groups were exterminated." of the Political Administration of the Quisling Administration of Milan Nedrich, where it refers to the shooting on the 11 of December in Leskovatz of three hundred and ten hostages, out of which two hundred and ninety-three were gypsies."
"Through an examination of the location and interrogation of the gypsies by the original administration investigating war crimes in Leskovatz, the following methods of carrying out this shooting was established or discovered." referred to by the Government of the Czech Republic. I submit it as USSR Exhibit Number 226 and I ask to have it incorporated as evidence. out of this document:
"On the 11 of December, 1941 from six o'clock in the morning to four o'clock in the afternoon Germans carried in their trucks arrested hostages in groups, up to twenty people in every group. All of them had their hands bound. They were taken through the foothills of the Mountain Hisar. From there on they were made to walk across the mountain and then stood up in ranks and near dug out graves they were shot and thrown into the graves."