The Nizkor Project: Remembering the Holocaust (Shoah)

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Archive/File: imt/tgmwc/tgmwc-03-25-08
Last-Modified: 1999/09/07


THE PRESIDENT: You say it is the same as 1650?

LT. HARRIS: It is, Sir, substantially the same.
It relates to the same subject. It was, however,
addressed to a different party, and I
particularly wish to place before the Tribunal
the last paragraph which has been quoted and
read into evidence.

THE PRESIDENT: The last paragraph does not mean
very much by itself, does it ?

LT. HARRIS: Very well, Sir. Then, if the
Tribunal will permit it, I would like to read
the document in its entirety.

THE PRESIDENT: Do you mean that 16S0 has got
these paragraphs 1, 2 and 3 in it ?

LT. HARRIS: Yes, Sir. That is exactly what I do
mean, Sir.

I will call the attention of the Tribunal to
Document 2285-PS, which was received in evidence
this morning as Exhibit USA 490. That was the
affidavit of Lt. Colonel Gast and Lt. Veith of
the French Army, who stated that during 1943 and
1944 prisoners of war were murdered at
Mauthausen under the "Bullet Decree." I am sure
the Tribunal will recall that document.

The fourth crime for which Kaltenbrunner is
responsible as Chief of the Security Police and
S.D. was the commitment of racial and political
undesirables to concentration camps and
annihilation camps, for slave labour and mass
murder. Before Kaltenbrunner became Chief of the
Security Police and S.D., on 30th January, 1943,
he was fully cognisant of conditions in
concentration camps and of the fact that
concentration camps were used for slave labour
and mass murder. The Tribunal will recall from
previous evidence that Mauthausen concentration
camp was established in Austria and that
Kaltenbrunner was the Higher S.S. and Police
Leader for Austria. This concentration camp, as
shown by Document 1063A-PS, which was received
this morning as Exhibit USA 492, was classified
by Heydrich in January, 1941, in Category III, a
camp for the most heavily accused prisoners and
for asocial prisoners who were considered
incapable of being reformed. The Tribunal will
recall that prisoners of war to be executed
under the "Bullet Decree " were sent to
Mauthausen. As will be shown hereafter,
Kaltenbrunner was a frequent visitor to
Mauthausen concentration camp. On one such visit
in 1942 Kaltenbrunner personally observed the
gas chamber in action. I now offer Document 2753-
PS as Exhibit next in order, Exhibit USA515.
This is the affidavit of Alois Hoellriegl,
former guard at Mauthausen concentration camp.
The affidavit states, and I quote

     "I, Alois Hoellriegl, being first duly
     sworn, declare I was a member of the
     Totenkopf S. S. and stationed at the
     Mauthausen concentration camp from
     January, 1940, until the end of the
     war. On one occasion, I believe it was
     in the fall of 1942, Ernst
     Kaltenbrunner visited Mauthausen. I
     was on guard duty at the time and saw
     him twice. He went down into the gas
     chamber with Ziereis, commandant of
     the camp, at a time when prisoners
     were being gassed. The sound

                                      [Page 233]

     accompanying the gassing operation was
     well known to me. I heard the gassing
     taking place while Kaltenbrunner was
     present.
     
     I saw Kaltenbrunner come up from the
     gas cellar after the gassing operation
     had been completed.

                            (Signed) Hoellriegl"

On one occasion Kaltenbrunner made an inspection
of the camp grounds at Mauthausen with Himmler
and had his photograph taken during the course
of the inspection. I offer Document 2641-PS as
exhibit next in order, Exhibit USA 5 16.

This exhibit consists of two affidavits and a
series of photographs. Here are the original
photographs in my hand. The original photographs
are the small ones which have been enlarged, and
those in the Document Book are not very good
reproductions, but the Tribunal will see better
reproductions which are being handed to it.

DR. KAUFMANN: (Counsel for defendant
Kaltenbrunner): Since the whole accusation
against Kaltenbrunner has nevertheless been
brought forward, I feel bound to make a motion
on a matter of principle. I could have made this
motion this morning just as well. It is in
reference to the question of whether affidavits
may be read or not. 1 know that this question
has already been the subject of consultation by
the Tribunal and that the Tribunal has already
decided this question in a definite manner. When
I ask that this question be decided once more,
it is for a special reason.

Every trial is something dynamic. What was
correct at that time may at a later date be
wrong. The most important and most significant
trial in history rests in many important points
on the mere reading of affidavits which have
been taken down by the prosecution exclusively,
according to its own maxims.

The reading of affidavits is not satisfactory in
the long run. It is becoming more necessary from
hour to hour to see, to hear for once a witness
for the prosecution and to test his credibility
and the reliability of his memory. There are
many witnesses standing, so to speak, at the
door of this Courtroom, and they need only be
called in. To hear the witness at a later stage
is not sufficient ; nor is it certain that the
Tribunal will permit a hearing on the same
evidential subject. 1 therefore oppose the
further reading of the affidavit just announced.
The meaning of Article ig of the Charter should
not be killed by a literal interpretation.

THE PRESIDENT: Is your application that you want
to cross-examine the witness or is your
application that the affidavit should not be
read ?

DR. KAUFMANN: The latter.

THE PRESIDENT: That the affidavit should not be
read ?

DR. KAUFMANN: Yes.

THE PRESIDENT: Are you referring to the
affidavit of Hoellriegl, Document 2753-PS ?

DR. KAUFMANN: Yes.

THE PRESIDENT: The Tribunal is of the opinion
that the affidavit, which is upon a relevant
point, upon a material point, is evidence which
ought to be admitted under Article 19 of the
Charter, but they will consider any motion which
counsel for Kaltenbrunner may think fit to make
for cross-examination of the witness who made
the affidavit, if he is available and could be
called.

                                      [Page 234]
                                                
LT. HARRIS: Yes, Sir. They have been offered in
evidence as the exhibit next in order, and I
wish to refer to the first affidavit
accompanying them, which appears in the Document
Book.

THE PRESIDENT: Yes.

LT. HARRIS: It being the affidavit of Alois
Hoellriegl.

THE PRESIDENT: Yes. You had handed up the
affidavit at the same time, had you not ?

LT. HARRIS: Yes, Sir, I did, Sir. That affidavit
states, and I quote:

     "I was a member of the Totenkopf' S.S. and
     stationed in the Mauthausen concentration
     camp from January, 1940, until the end of
     the war. I am thoroughly familiar with all
     of the buildings and grounds at Mauthausen
     concentration camp. I have been shown
     Document 2641-PS, which is a series of six
     photographs. I recognise all these
     photographs as having been taken at
     Mauthausen concentration camp. With respect
     to the first photograph I positively
     identify Heinrich Himmler as the man on the
     left, Ziereis, the commandant of Mauthausen
     concentration camp, in the centre, and
     Ernst Kaltenbrunner as the man on the
     right."

THE PRESIDENT: He does not say, does he, at what
date the photographs were taken ?

LT. HARRIS: No, Sir. I have no evidence as to
what date the photographs were taken, Sir.

THE PRESIDENT: Just that Kaltenbrunner was there
?

LT. HARRIS: just that Kaltenbrunner was there,
at some time, in the company of Ziereis and
Himmler.

THE PRESIDENT: Yes.

LT. HARRIS: With full knowledge of conditions in
and the purpose of concentration camps,
Kaltenbrunner ordered or permitted to be ordered
in his name, the commitment of persons to
concentration camps.

I offer Document L-38 as exhibit next in order,
Exhibit USA S17. This is the affidavit of Herman
Pister, the former commandant of Buchenwald
concentration camp, which was taken on 1st
August, 1945, at Freising, Germany, in the
course of an official military investigation by
the United States Army, and I quote from it as
follows, beginning with the second paragraph:

     "With exception of the mass delivery of
     prisoners from the concentration camps of
     the occupied territory all prisoners were
     sent to the concentration camp Buchenwald
     by order of the Reichssicherheitshauptamt -
     - Reich Security Main Office -- Berlin.
     These orders for protective custody (red
     forms) were in most cases signed with the
     name 'Kaltenbrunner.' The few remaining
     protective custody orders were signed by
     `Foerster'."

I now offer Document 2477-PS as exhibit next in
order, Exhibit USA 5 18.

This is the affidavit of Willy Litzenberg,
former Chief of Department IV A Ib in the
R.S.H.A. This document reads in part as follows,
and I quote, beginning with the second
paragraph:

     "The right of summary taking into
     protective custody belongs to the Directors
     of the State Police H.Q.'s or State Police
     Offices; previously for a period of 21 days
     ; later, I think, for a period of 56 days.
     Custody

     exceeding this time had to be sanctioned by
     the competent Office for Protective Custody
     in the R.S.H.A. The Regulations for
     Protective Custody or the signing of the
     Protective Custody Order could only be
     issued through the Director of the R.S.H.A.
     as Chief of the Sipo and S.D. All
     Regulations and Protective Custody Orders
     that I have seen bore a facsimile stamp of
     Heydrich or Kaltenbrunner. As far as I can
     remember, I have never seen a document of
     this kind with another name as signature.
     How far and to whom the Chief of the Sipo
     and S.D. possibly gave authority for the
     use of his facsimile stamp, I do not know.
     Perhaps the Chief of Amt IV possessed a
     similar authority.
     
     The greater part of the Protective Custody
     Office was transferred to Prague. Only one
     staff remained in Berlin."

I now offer Document 2745-PS as exhibit next in
order, Exhibit USA 519.

This is an order under date 7th July, 1943,
which was found at the former office of the
section of the Gestapo which handled protective
custody matters in Prague. It was an order to
the Prague Office to send a teletype message to
the Gestapo office in Koeslin, ordering
protective custody of one Racke, and her
commitment to the concentration camp at
Ravensbrueck for refusing to work. The order
carried the facsimile signature of Kaltenbrunner
and I invite the attention of the Tribunal to
the original which has that facsimile for the
arrest. Orders of this type were the basis for
the orders actually sent out to the Prague
office, which carried the teletype signature of
Kaltenbrunner. At the bottom of the page the
Tribunal will note the facsimile stamp of
Kaltenbrunner.

I next refer to Document L-215, which has
heretofore been received as Exhibit USA 243, and
which contains 25 orders for arrest issued out
of the Prague office of the R.S.H.A. to the
Einsatz.

THE PRESIDENT: Which number are you dealing with
now ?

LT. HARRIS: I am dealing with Document L-215. I
believe the Tribunal will recall this document,
which has heretofore been received in evidence,
and which contains 25 orders for arrest issued
out of the Prague office of the R.S.H.A. to the
Einsatz Commando of Luxembourg, all of which
carry the typed signature of Kaltenbrunner. And
the Court will remember, and I am holding up the
original document, that these arrest orders were
the red forms which the Commandant of Buchenwald
referred to in his affidavit as being the forms
which he saw coming from R.S.H.A. committing
persons to Buchenwald.

The concentration camps to which persons were
committed, according to Document L-215, by
Kaltenbrunner, included Dachau, Natzweiler,
Sachsenhausen, and Buchenwald.

THE PRESIDENT: What was the date of it ?

LT. HARRIS: Most of these, Sir, were in 1944. I
believe they are all in 1944.

THE PRESIDENT: It does not appear on the
document does it?

LT. HARRIS: It does appear, Sir, on the original
document. The first page of this translation is
a summary of all of these. There is only one of
the dossiers which has been translated in full,
and the date on that one is 15th February, 1944.

THE PRESIDENT: Yes; I see.

                                      [Page 236]
                                                
LT. HARRIS: Among the grounds specified on these
orders carrying the typed signature of
Kaltenbrunner were, quoting:

     "Strongly suspected of working to the
     detriment of the Reich; spiteful statements
     inimical to Germany, as well as aspersions
     and threats against persons active in the
     National Socialist Movement; strongly
     suspected of aiding deserters."

I now offer Document 2239-PS as exhibit next in
order, Exhibit USA 52o. This is a file of 42
telegrams sent by the Prague office of the
R.S.H.A. to the Gestapo office at Darmstadt, and
they all carry the teletype signature of
Kaltenbrunner. These commitment orders were
issued during the period from 20th September,
1944, to 2nd February, 1945. The concentration
camps to which Kaltenbrunner sent these people
included Sachsenhausen, Ravensbrck, Buchenwald,
Bergen-Belsen, Flossenburg, and Theresienstadt.
Nationalities included Czech, German, French,
Dutch, Italian, Corsican, Lithuanian, Greek and
Jews. Grounds included refusal to work,
religious propaganda, sex relations with
prisoners of war, communist statements, loafing
on the job, working against the Reich, spreading
of rumours detrimental to morale, " action
Gitter," breach of work contracts, statements
against Germany, assault of foremen, defeatist
statements, and theft and escape from gaol.

Not only did Kaltenbrunner commit persons to
concentration camps, but he authorised
executions in concentration camps. I now offer
Document L-51 as exhibit next in order, Exhibit
USA 521. This is the affidavit of Adolf Zutter,
the former adjutant of Mauthausen concentration
camp, in the course of an official military
investigation of the United States Army, on 2nd
August, 1945, at Linz, Austria. This affidavit
states, and I am quoting from paragraph 3:

     "Standartenfhrer Ziereis, the commander of
     Camp Mauthausen, gave me a large number of
     execution orders after opening the secret
     mail, because I was the adjutant and I had
     to deliver these to Obersturmfuehrer
     Schulz. These orders of execution were
     written approximately in the following
     form."


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