Archive/File: people/e/eichmann.adolf/transcripts/Sessions/Session-028-07 Last-Modified: 1999/05/31 Attorney General: With the Court's permission, I shall submit our No. 1464. This is a report of the Einsatzkommando. Its main contents: Activities of the Einsatzgruppen of 11 July 1941. The Court will find there in the report statements of the Einsatzgruppen and of the Commandos. In the general report the Court will find that 5Einsatzgruppe A reports that in Kovno a total of 7,800 Jews had so far been liquidated, some of them in the course of riots and others by being shot to death by Lithuanian commandos. "All the bodies were removed. Additional mass shootings are no longer possible ('Weitere Massenerschiessungen sind nicht mehr moeglich'), and I accordingly summoned before me a Jewish Committee, and it was explained to them that, so far, there had been no reason for us to intervene in internal conflicts between Lithuanians and Jews. The condition for this new arrangement: The establishment of a Jewish Ghetto, the marking of all the Jews with a yellow Shield of David sized 8x10 cm., the housing of the women and children, who, possibly, might be released by the Lithuanians under our orders through a Committee for Jewish Aid in the Ghetto." It speaks of a transfer to the ghetto. "Jews, in cases where special reasons existed, would be detained and put to death by shooting. In this way there would be executions of smaller numbers, of 50 to 100 persons. In order to prevent a flow of Jews back to Kovno, it has been agreed that the Police, for the purpose of maintaining order, will throw a cordon around Kovno, and will not allow any Jew to enter. Where necessary the Jews will be shot. All Wehrmacht authorities have received notice of the arrangement that has been arrived at." Presiding Judge: This will be T/295. Attorney General: The following document is No. 765. 765 is what is called the "Braune Mappe" (Brown File). This is a proposal by the Reich Ministry for Eastern Occupied Areas, which includes a collection of instructions concerning the civil administration in the Eastern Occupied Areas. Included in it are also instructions in regard to the treatment of Jews. I shall come back to this document presently, but meanwhile I shall submit two other documents. Presiding Judge: T/296. Attorney General: The next document is No. 349, in which Heydrich notifies the Reich Ministry for Eastern Occupied Areas that he does not, to his regret, agree with several of the proposals. Presiding Judge: This will be marked T/297. Is it connected with the previous document? Attorney General: Yes, it says here: "Braune Mappe fuer die Ukraine" (Brown File for the Ukraine). He states that he will work out other proposals on Jewish affairs, and that these would be prepared by his expert (Sachbearbeiter official in charge of the subject), with Sturmbannfuehrer Eichmann. The Sachbearbeiter Eichmann worked out, by 29 January 1942, his counter-proposal to those of the "Brown File" for the offices of Ostland and the Ukraine. This is our document No. 1088. Presiding Judge: T/298. Attorney General: Accordingly they notify Rosenberg that further to a letter dated 10 January, they were sending him the text of the directives concerning the handling of the Jewish Question "which I consider to be necessary." And now I would ask the Court to compare Rosenberg's proposals with those of Sachbearbeiter Eichmann on page 35 of the original "Brown File" (this is our No. 765 - it is on the sheet we attached as page 3 or 4) in the general chapter. The file itself is very large - it refers to very many subjects - administrative, economic, political, treatment of the local population and so forth; other such files, having different colours according to the colour of the cover, were submitted. We have selected the file relating to the Jews which happens to be called the "Brown File." Thus Rosenberg proposes - I refer only to the amendments - that all action relating to the Jewish question in the Eastern Occupied Areas should be implemented in the light of the assumption that after the War the Jewish question would be generally solved in all the areas of Europe. I would ask you to place documents Nos. 765 and 1088 side by side and to compare what changes Eichmann demanded in the "Brown File." Whereas Rosenberg says that the solution to the Jewish question would be found after the War, Eichmann states: "All operations in regard to the Jewish question in the occupied areas of the East must be carried out on the assumption that the Jewish question must find its general solution in all the areas of Europe." Presiding Judge: This letter bears the mark SIIA2? Attorney General: Yes. Presiding Judge: To whom is it sent? Attorney General: The previous communication concerning the "Brown File" was also sent - if I am not mistaken, for I am not in possession of a copy - via the Ministry for the Interior. Presiding Judge: The Ministry for the Interior appears here as well. Attorney General: Yes, the action is being taken by another authority. The dispatch of the amendments is based upon the letter of 10 January. The Court should kindly check the reference number for this document which is the same reference, and the documents fit together. Dr. Servatius: Mr. President of the Court, may I receive the documents? I don't have them before me. Presiding Judge: Mr. Hausner, are you able to give copies to Dr. Servatius? Attorney General: I can only give him a copy of document No. 1088. I have no further copies of the other documents. Judge Halevi: You may have this copy. Presiding Judge: Dr. Servatius, is this the document you want? Dr. Servatius: Yes. This is the document of Department II, Bilfinger signs here and not Eichmann's Department. Presiding Judge: I have noticed this. How does the Reichsfuehrer SS suddenly come to the Reich Ministry "des Inneren" (of the Interior). This is not clear. Judge Raveh: In document No. 1088 it says "Im Nachgang zu Ziffer 10 meines Schreibens vom 10.1.42" (Following item 10 of my letter of 10.1.42). In exhibit No. 349 there is no item 10. Attorney General: There is. Below, before the words "Judenangelegenheiten" (Jewish Affairs) and so on. Judge Raveh: Is this a complete document or a part of a document? Attorney General: It is a complete document. This is how the letter went - Heydrich's express letter (Schnellbrief). Presiding Judge: What is this figure 10 that appears at the beginning? Attorney General: This is paragraph 10. Presiding Judge: Where are the other 9 paragraphs? Attorney General: He adopts a position in regard to those paragraphs on which he has comments and concerning which he differs with Rosenberg. Judge Raveh: This gives the impression of part of a document, for he writes about a number of changes that he proposes, but in fact only one amendment appears. Attorney General: He mentions that he will bring to his attention the amendments requested by him. Presiding Judge: But even this does not give the answer, for in the "Brown File" this is Chapter 9 and not Chapter 10. Dr. Servatius: Mr. President of the Court, even in the previous correspondence to which they refer, they relate to Department II and not to Eichmann's Department. Presiding Judge: I think this matter requires some further elucidation. Attorney General: I am not sure we shall be able to provide a fuller explanation than the one which we are giving now. What we do know is that Eichmann was the expert on the Jewish question, and what is plain to us is that Eichmann was appointed to be the one to offer his comments. Further to the letter which promises these instructions comes this letter with the instructions, and it has the same reference number and the same reminder. Presiding Judge: But the entire heading of the document have we seen it before? Attorney General: Yes, the Court will see documents such as these in other matters as well. Presiding Judge: But it was not part of the Ministry of the Interior. Since when was Himmler part of the Ministry of the Interior? Attorney General: In a formal sense the Police, as it were, were attached to the Ministry of the Interior. But, of course, this was only a formal attachment. Presiding Judge: I have noticed this heading for the first time. Generally speaking, the heading "SS Reichsfuehrer" appears. Attorney General: Yes. There are some like these, and there are others. We shall still submit many documents such as these, bearing a similar heading. If I may be permitted to continue with the comparison, in paragraph 2 Rosenberg proposes to put certain measures into effect as partial preparatory operations. Eichmann remarks: "In the Eastern Occupation Areas such steps must be taken that will not affect the final solution of the Jewish question and that will speed up the elimination of Jewry." In paragraph 3 Eichmann says: "Precisely in the Eastern Occupation Areas we must aim at an immediate solution of the Jewish question. It is desirable that the appropriate operations should be carried out by the pertinent authorities." In paragraph 5, which is new, it says: "To these Jews are to be added German Jews who are being sent from the Reich to the Eastern Occupied Areas, and who, by changing their normal place of residence to the occupied areas, forfeit their German citizenship according to such and such a paragraph. Presiding Judge: Is this paragraph 5? In ours it is called "Cultural Activities." Attorney General: I am sorry that I am proceeding without my own document, and this makes it difficult for me. Presiding Judge: We shall hand it back to you. Attorney General: These are the instructions of Rosenberg. This is the original "Brown File" - I apologize to the Court. I was wrong. This item is not mentioned in paragraph 5, but at the end of paragraph 2. "To those Jews are now being added German Jews." Has the Court found the place? Presiding Judge: Yes. Attorney General: With us the items are marked by the numbers of the comments and the changes, but this numbering does not conform to the changes in the document. There is another change which is important, for while Rosenberg speaks of the separation from the rest of the population, and of the fact that the principal and most important objective ought to be a strict separation from the rest of the population, Eichmann says on the same point: "Separation from the rest of the population: As long as measures for the elimination of the Jews have not been taken, the Jews must be strictly separated from the rest of the population." In connection with economic operations Eichmann says: "The measure to eliminate the Jews must be adopted without taking economic values into account," in complete contradiction to Rosenberg who says that Jews were not to be harmed to the extent that this would harm the economy. And while Rosenberg says, earlier on, that the elimination of the Jews from public life must be achieved by suitable means and in a gradual manner, Eichmann deletes this from his draft. While Rosenberg says, in relation to cultural activities, that "the Jews must be gradually removed from the cultural life of the rest of the population," Eichmann states simply: "The participation of the Jews in the cultural activities of the rest of the population is out of the question." Dr Servatius Perhaps I may be permitted to stress, once again, that Eichmann is not mentioned in these two documents. The one came from Rosenberg, and the second is signed by Bilfinger, so that Eichmann does not feature in either of them. Presiding Judge: But in document No. 349 (T/297), he appears - on the second page. Dr. Servatius: Yes, it is true that here he is mentioned. But this letter, too, comes from a different Department. Presiding Judge: But it is signed by Heydrich. At all events, this matter requires further clarification. Dr. Servatius submitted this afternoon additional requests for taking of evidence abroad and also wrote that he would submit further applications tomorrow. Dr. Servatius: I presume that by tomorrow morning I shall manage to submit the applications. Presiding Judge: We shall consider these applications tomorrow at twelve o'clock. And now we shall adjourn until tomorrow morning, at 9 o'clock.
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