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Last-Modified: 1999/06/01

State Attorney Bar-Or:  And on the second page we find
Eichmann's reply, given to the Foreign Ministry on 19
November 1941.  Again, "in view of the coming Final Solution
of the European Jewish Question," the emigration of the
Jewess to unoccupied France has to be prevented.

And now document No. 119, which was shown to the Accused and
marked T/37(39).  The Accused said what he had regarding
this in his Statement on page 744 and following pages.  This
is one of the rare documents still extant in which we find
the last, perhaps the only, record of the attitudes of the
Jewish specialists within the Reich area in the Accused's
office.  Here is a report about a meeting, or a
consultation, held in the Head Office for Reich Security,
Section IVB4, on 6 March 1942.  It is perhaps not
superfluous for me to direct the attention of the Court to a
few sentences in the report.  It begins:

     "SS-Obersturmbannfuehrer Eichmann spoke, by way of
     introduction, about the additional evacuation of 50,000
     Jews from the Old Reich, as well as from the Ostmark
     and the Protectorate.  Prague, from which 20,000 Jews
     are to be evacuated, and Vienna - 18,000 - are to take
     the largest part in this."

Then it says:

     "In this connection, Obersturmbannfuehrer Eichmann
     pointed out that the directives given, especially as
     regards age, infirmity, etc., have to be strictly
     followed since, in the transport to Riga, some forty to
     forty-five cases were reported by the Elders of the
     Jews to SS Obergruppenfuehrer Heydrich, through
     District Party Leaders Liepe and Meyer, as having been
     deported without justification.  Although, after
     further examination, most of these cases turned out to
     be perfectly justified, every effort has to be made to
     prevent complaints of this sort.  For this reason,
     Obergruppenfuehrer Heydrich imposes responsibility for
     the implementation of the directives on the State
     Police Commanders personally."

And here is one more paragraph on page 2 of the report.  He
says (it is the man from Duesseldorf reporting to his

     "The Jews must not under any circumstance receive
     information about the preparations for the evacuation;
     absolute secrecy is therefore necessary.  The so-called
     Special Account W is at the disposal of Section IVB4 of
     the Head Office for Reich Security since, in accordance
     with Regulation 11, that Head Office no longer has
     access to the property of the Jews.  In order to put
     enough funds at the disposal of the account, it is
     requested that the Jews be made to contribute
     substantial donations to Account W in the near future.
     It was said that so far small amounts have been
     received, apparently because of the misunderstanding
     that the account would benefit the Jews directly."

Presiding Judge: That is to say, a misunderstanding on the
part of the collectors, not on the part of the contributors?

State Attorney Bar-Or:  The collectors, men of the Gestapo.
We have already seen how the Reich Association announces, by
order of the Accused, that these funds will be put at the
disposal of the Reich Association.  This was also the
impression locally.  For this reason, there was a
misunderstanding which had to be cleared up.

Finally, the last sentence reads: "After this, notes were
compared about the experience of State Police Offices which
are already carrying out evacuations, and those for whom
these are new tasks."

Presiding Judge: This will be marked T/734.

State Attorney Bar-Or:  I go on to document No. 1189, a
request from the Embassy of Italy, dated 20 February 1942, a
document which comes, of course, from the files of the
German Foreign Ministry.  It says that, in accordance with
information received by the Royal Italian Embassy, the
police authorities in Magdeburg have ordered the
confiscation, as of 1 March of that year, of the private
dwelling of the Italian citizen, Countess Geltrude Irene
Sacconi, aged 72.  The embassy asks the Foreign Ministry to
help the countess in her predicament.

Presiding Judge: She is Jewish?

State Attorney Bar-Or:  It does not say so here.

Presiding Judge: It says: The confiscation is said to be
based on the fact that she is belong to the
Jewish race.

State Attorney Bar-Or:  Thank you very much, Your Honour.
The Italians write that she is reputed to belong to the
Jewish race.

Presiding Judge: This will be marked T/735.

State Attorney Bar-Or:  The matter is cleared up very
quickly in our document No. 1190, the reply of the Accused
to the Foreign Ministry of 13 March 1942.  He writes
briefly: "I have instructed the State Police Head Office
Magdeburg to refrain from taking any measures whatever
against the Jewess of Italian nationality, Countess Sacconi,
especially from sequestering her personal dwelling, until
further notice."  With reference to the earlier question by
His Honour, Judge Halevi, here also we have, of course, a
matter which is not actually relevant, nobody speaks here
about evacuation or deportation. This is a matter that was
within the general field of activity of the Gestapo in
Magdeburg.  The Accused orders the Gestapo how to act, when
to refuse, and whether to refuse.  Always with respect to
Jewish affairs, at least inside Germany.  When we come to
other countries, we shall, of course, also find other cases.

Presiding Judge: This will be marked T/736.

State Attorney Bar-Or:  I go on to document No. 1279.  There
are again guidelines about deportations, transports of Jews
to the area of the Generalgouvernement (Trawniki near
Lublin), guidelines received by Gestapo Wuerzburg on 2 March
1942.  Here I want to draw the attention of the Court to
three matters which seem important.  First of all, under
paragraph IV, "Escort of Transports," it says: "An
additional copy of this transport list must be submitted to
the Head Office for Reich Security Section IVB4 immediately
after the departure of each transport."  After this, and
even more important, in paragraph VI, where matters of
reporting, recording, or information are dealt with,
detailed instructions are given on how to report about
transports carried out.  And this is what it says:

     "The departure of each transport train must be reported
     immediately by urgent telegram, as per attached sample
     (Addendum 1) to: (a) Head Office for Reich Security,
     Section IVB4; (b) Commander of the Security Police and
     the Security Service, SS Obersturmfuehrer Dr.
     Schoengarth, Cracow; (c) Commander of the SS and the
     Police in the Lublin district, SS Brigadefuehrer
     Globocnik, Lublin.  The arrival of the transports and
     their orderly reception at destination will be reported
     by the receiving office (Commander of the SS and the
     Police in the Lublin District) by telegram, as per
     attached sample (Addendum 2) to Head Office for State
     Security, Section IVB4."

I place special emphasis on the reporting arrangements,
because it seems that here the Economic-Administrative Main
Office no part whatever with respect to these transports, as
from the beginning of 1942.  No information has to be sent
to it, and the reporting was exclusively between the
Generalgouvernement and the Section of the Accused.

Presiding Judge: Who issued these orders?

State Attorney Bar-Or:  These orders were issued by the
Accused and his men to all Regional Headquarters of the
Gestapo.  We have already referred to two of them.  The
Gestapo Regional Headquarters copied the orders and passed
them on to the branch offices.  One of these was Wuerzburg,
and it was from there that it reached us.  In this way, we
shall have to reconstruct, with some difficulty, the files
of the Accused which were lost, and of which we have no

Presiding Judge: This document will be marked T/737.

State Attorney Bar-Or:  Now we come to document No. 1289.
Here it is decided in Nuremberg to establish a special
commission in connection with the deportation of Jews from
the Reich to Lublin, and the document starts right away: "By
virtue of instructions from the Head Office for Reich
Security of 31.1.1942, IVB4" and so on.  It refers to
information which came by telephone from IVB4 to the
Regional Headquarters of the Gestapo, according to which "a
further 1,000 Jews will be evacuated from the three
districts of Franconia" which we know already, "and deported
to Lublin by a special Reich Railways train.
Simultaneously, the typewriters, bicycles, cameras and
binoculars, seized from Jews in accordance with the urgent
order from the Head Office for Reich Security of 13.11.1941,
IVB4, are to be confiscated and stored."  These orders were
issued by the Regional Headquarters of the Gestapo on 11
April 1942.

Presiding Judge: This document is marked T/738.

State Attorney Bar-Or:  Prosecution document No. 1288 is a
telegram from the Accused sent from Berlin on 17 April 1942.
It may perhaps be called a circular telegram to all Gestapo
units and emigration centres.  It is addressed to the
Gestapo units in Vienna, Prague, Berlin, Hamburg, Bruenn,
Frankfurt/Main, Duesseldorf, Hannover, Muenster, Koeln,
Breslau, Kassel, Dortmund, Osnabrueck, Stuttgart, Nuremberg
- from there it reached us - Kiel, and furthermore to the
Central Offices for Jewish Emigration in Vienna and Prague,
and also to the Liaison Office Bruenn and to the
Inspectorate of the D.S. and the Security Service in Danzig.
It says: "With reference to the above-mentioned, I" - the
Accused - "inform you that Jews who hold the wounded
soldiers decoration shall likewise not be evacuated to the
East.  It is intended to transfer these Jews at a later date
to a special old age ghetto inside the Reich area.  For your
information and attention."  At the end of the telegram,
there is the marking RSHA IVB4.  Signed: Eichmann, SS

Presiding Judge: This document is marked T/739.

State Attorney Bar-Or:  I go on to document No. 1290.  Here
Gestapo Wuerzburg reports about the evacuation of the Jews
in accordance with the instructions for reporting, at which
the Court has just seen.  We find that this telegram was
indeed sent to those addresses which were to be informed in
accordance with the instructions of the Accused, i.e., first
of all it was sent to IVB4 for the attention of
Obersturmbannfuehrer Eichmann; it was sent to the Commander
of the Security Police and the Security Police in Cracow; it
was sent to the Commander of the SS and the police in the
Lublin District.  And in the telegram it says that "On 25
April 1942, at 15.20 transport train No. DA 49 left
departure station Wuerzburg-Main Station for Lublin-Izbica,
carrying altogether 852 Jews.  Another 103 Jews will be
loaded on in Bamberg, so that the transport includes
altogether 955 Jews."

Presiding Judge: This document is marked T/740.

State Attorney Bar-Or:  Let us now pass on to Prosecution
document No. 1291.  This is a settlement of account which
Wuerzburg owes to Regional Gestapo Headquarters Fuerth about
the collection, and especially the expenses in connection
with the transport of 25 April  1942, which we have just
mentioned.  And here we find various payments which, of
course, in the end are covered by the method with which the
Court is by now already familiar.  It says that on that day,
25.4.1942, 852 Jews were evacuated to the East from the area
of jurisdiction of State Police Office Wuerzburg, and
another 103 Jews from Bamberg.  And then it goes on to list
what was received and what was paid out, in full detail.

Presiding Judge: This document is marked T/741.

State Attorney Bar-Or:  Now we go on to our document No.
1280.  A telegram to all Gestapo offices, both in the
Greater Reich and in the East.  Litzmannstadt, Posen,
Zichenau and other places are especially mentioned*
{*According to Doc. T/742: "excluded"} here. The telegram is
marked IVB4a and signed by Mueller, SS Gruppenfuehrer.  It
deals with lists of additional Jews who are to be included
in the transport.  He says, inter alia, that "In order to
make use of the possibilities for reception still existing
in the East, I ask you to report the number of those Jews
remaining in your area who can still be evacuated while
strictly respecting the existing guidelines."  In this
context he mentions the exceptions who must not be included
in the transports to the East, and who must be kept for
transportation to the Old Age Ghetto Theresienstadt in the
Protectorate Bohemia-Moravia when the time comes (zu
gegebener Zeit).

Presiding Judge: This document is marked T/742.

State Attorney Bar-Or:  Now to our document No. 730, which
actually consists of two documents.  These two letters were
shown to the Accused and were numbered T/37(218).  Somebody,
who mentions Dr. Rasche, writes to Advocate Rajakowitsch,
whom we know from the office of the Accused, and asks the
advice of this lawyer about the treatment of Jewish
property; he also mentions the special legal problems which
arise in this connection.  We find here one more minute for
the file concerning immovable property which formerly
belonged to Jews, and how this should be dealt with.  These
documents are actually not very important for proving the
version of the Prosecution; we showed them to the Accused
only in order to clarify how it could happen that
Rajakowitsch, who was an official in the office of the
Accused, receives mail in Vienna, and acts as a private
lawyer and appears here in an unusual, non-official
capacity.  I have to say that the Accused - who refers to
this matter on page 2595 ff. - does not contribute - I am
not saying on purpose - does not apparently remember the
matter, and he makes no significant contribution to
elucidating the strange things that happened here.

Presiding Judge: This document is marked T/743.

State Attorney Bar-Or:  I proceed to document No. 147, a
letter from the Accused to the Foreign Ministry, addressed
to Counsellor of Legation Rademacher.  Eichmann asks how
Jews of foreign nationality inside the Reich area should be
treated.  And this is what he writes:

     "Since, as you know, the evacuation of Jews from
     France, Belgium and the Netherlands will also begin in
     the near future, the question of the treatment of Jews
     of foreign nationality abroad, in the occupied areas,
     and in the Reich - with regard to their evacuation - is
     becoming ever more urgent (e.g., Jews of Hungarian
     nationality in the occupied areas of the Netherlands).
     I should be grateful for early, comprehensive
     information about your attitude in principle on the
     question of evacuation, including the legal liquidation
     of property and its inclusion in the general measures
     taken against the Jews."

Presiding Judge: This document is marked T/744.

State Attorney Bar-Or:  We now go on to document No.1569.
This is a letter to which I alluded earlier, a letter to the
Accused, Head Office for Reich Security, for
Obersturmbannfuehrer Eichmann.  Subject: "Reich Association
of the Jews in Germany - Sanatorium of the Rothschild
Foundation in Nordrach/Baden.  On behalf of the Senior SS
and Police Commander "South West," Eichmann is approached
and informed that the Lebensborn has cast its eye on this
institution which has been vacated by the Jews.  This
property, these assets, pass to the Reichsvereinigung of the
Jews in Germany. We have already submitted a document in
which Eichmann orders this property to be transferred to the
Reichsvereinigung. "In case you, Obersturmbannfuehrer, are
not competent for this matter, I ask you kindly to forward
my request."

Presiding Judge: This document is marked T/745.

State Attorney Bar-Or:  I now pass on to document No. 915.
It is a letter sent to the Senior SS and Police Commander

Presiding Judge: Is there no reply to this request (in
document T/745)?

State Attorney Bar-Or:  This is the document which I now
submit.  The letter was sent from Stuttgart on 30 September
1942, and it says, inter alia: "Accordingly, the property
belongs to the Reich Association of the Jews, which is
subject, as an institution of the Security Police, to
Obersturmbannfuehrer Eichmann in Bureau IV of the Head
Office for Reich Security.  For the purpose of transferring
the building and the assets connected with it to the
Reichsfuehrer-SS or to Lebensborn, respectively, you would
have to contact Eichmann."  It is assumed that it will be no
problem to put the institution immediately at the disposal
of Lebensborn in Munich, as requested by the senior SS

Presiding Judge: "If they will not get hold of it quickly,
the Air Force will get hold of it," I see here.

State Attorney Bar-Or:  Yes.

Judge Raveh:   This apparently precedes T/745.  This is not
a reply, on the contrary.  It seems that this was earlier.
On the basis of it, the Accused was approached.  Is there no
date on the previous document, No. 1569?

State Attorney Bar-Or:  No. 1569 is dated 30 September

Judge Raveh:   That is actually the same day.

State Attorney Bar-Or:  It is actually the same day.
Judge Raveh:   But this is not a reply.

State Attorney Bar-Or:  It seems to me that these two
documents actually run parallel.

Presiding Judge: This will be marked T/746.

State Attorney Bar-Or:  I go on to document No. 1392.  This
also came to us from the Wuerzburg file.  But this time the
Accused writes to the State Police in Nuremberg about
deportation of Jews to Theresienstadt.  Writing from Berlin
on 31 August 1942, he refers to his telegram IVB4a of 21 May
1942.  He says that the Jews still living in the Nuremberg
district and who are eligible for evacuation to the Old Age
Ghetto Theresienstadt can probably be deported to
Theresienstadt by special train in the months of August,
September or October.  He transmits to Nuremberg a copy of
the special guidelines prepared for the evacuation of old
people in Theresienstadt.

Presiding Judge: This will be marked T/747.

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