Archive/File: people/e/eichmann.adolf/transcripts/Written-Defence-Summaries-06 Last-Modified: 1999/06/15 EIGHTH COUNT OF THE INDICTMENT I. Argument for the Prosecution War crimes during the period of World War II in Germany and other Axis countries and in areas occupied by them. He persecuted, deported and murdered the Jewish inhabitants of Germany and other areas occupied by Axis countries. The Accused committed these acts in his capacity as defined in Count I. II. Argument for the Defence As to pleading on the facts, cf. Counts I-III. As to legal arguments, cf. the oral pleading. NINTH COUNT OF THE INDICTMENT Deportation of Poles I. Argument for the Prosecution Crimes against Humanity 1. Deportation of Polish civilians. Means of Proof: 1. T/167 - Document 1396 2. T/164 - Document 983 3. T/205 - Document 1087 4. T/170 - Document 1398 5. T/171 - Document 1399 6. T/172 - Document 1400 7. T/359 - Document 1402 8. T/166 - Document 468 9. T/211 - Document 1401 10. T/169 - Document 1397 11. T/363 - Document 1403 12. T/365 - Document 1405 13. T/364 - Document 1404 14. T/366 - Document 1406 15. T/367 - Document 1407 16. T/368 - Document 1408 17. T/384 - Document 1395 18. T/373 - Document 1411 19. T/362 - Document 1251 20. T/370 - Document 284 21. T/371 - Document 285 22. T/378 - Document 292 23. T/377 - Document 293 24. Testimony of the Accused before the Police pp. 151, 977-989, 1656-1677, and 3150-3175. 2. Directing the deportees to forced labour in SS labour camps and to re-Germanization. Means Of Proof: 25. T/374 - Document 1412 26. T/372 - Document 289 3. Actions by the Accused on the basis of a special authorization of December 1939. Means of Proof: 27. T/170 - Document 1398 (see above) II. Argument for the Defence As to 1, 2 and 3: (a) The Accused's Section was required to take part in the deportation of Poles as regards the technical aspect of transportation, but the planning of these matters originated with other authorities. Means of Proof: 1. T/167 - Document 1396 2. T/169 - Document 1397 3. T/206 - Document 779 4. N/7 - Document 1458 5. T/171 - Document 1399 6. T/364 - Document 1404 (b) The technical aspect of the deportation lay also mainly in the hands of the local offices. The resettlement was under way when the Accused, on Heydrich's order, was charged with the co-ordination of the transports. Means of Proof: 7. N/7 - Document 1458 8. N/8 - Document 1459 9. T/170 - Document 1398 10. T/171 - Document 1399 11. T/359 - Document 1402 The following documents also prove that the Accused took part in the resettlement operations only insofar as his Section dealt with matters of transport. Means of Transport: 12. T/166 - Document 468 13. T/211 - Document 14 14. T/1406 - Document 1485 15. T/363 - Document 1403 16. T/365 - Document 1405 17. T/366 - Document 1406 18. T/367 - Document 1407 19. T/368 - Document 1408 20. T/384 - Document 1395 21. T/373 - Document 1411 (c) The classification of the deportees did not originate with the Accused, nor was it the duty of his Section during the implementation of the resettlement. Means of Proof: 22. T/374 - Document 1412 23. T/379 - Document 287 24. T/375 - Document 286 25. N/26 - Document 1413 26. T/372 - Document 289 27. T/370 - Document 284 28. T/371 - Document 285 (d) The responsible direction of the resettlement operation did not belong to the Accused's Section. 29. T/172 - Document 1400 30. T/1405 - Document 1461 31. N/11 - Document 1488 (e) Legal questions as to property within the context of the resettlement were not amongst the duties of the Accused's Section. Means of Proof: 32. T/205 - Document 1087 (f) In his Statement to the Police (T/37, pp. 977 ff., pp. 1656 ff., pp. 3150 ff.), the Accused admits that he had been dealing with the technical accomplishment of the transports, but he pointed out that the basic directions emanated from other offices and that the Polish Section in the Head Office for Reich Security and the Head Office for Race and Resettlement participated in deciding on the group of persons to be resettled. III. Submission for the Defence As to 1. Carrying out acts of resettlement by the Accused within the context of the resettlement operations in Poland cannot be equated with the general concept of deportation and is not in itself a crime against humanity. The actual participation of the Accused: Providing the means of transport and co-ordinating the timetables does not lead to the conclusion that there was an intention to act inhumanely. That is confirmed by the fact that the Accused's Section was made to take part in the co_ordination of the transports, in order to eliminate abuses. These abuses were in fact eliminated. (T/171, note by Abromeit of 8 January 1940.) As to 2. Forced labour. The division of the deportees into classified groups by the Head Office for Race and Resettlement was not the duty of the Accused's Section. He was not responsible for this classification, nor did he carry it out. As to 3. Authorizations. Exhibit T/170, which mentions that the Accused was entrusted with the co-ordination of resettlement transports, does not prove any particular power of independent decision, but it shows that the Accused became active at the express superior order of Heydrich. The designation "Special Section" was due to the fact that at that time the work assignment schedule of the Head Office for Reich Security had not been finalized. From the time of the finalization the Accused was no longer head of a Special Section, but head of Section IVB4. TENTH COUNT OF THE INDICTMENT I. Argument for the Prosecution Crimes against Humanity 1. (I a and b) Carrying out of deportations by the Accused from Yugoslavia to Serbia Means of Proof: 1. T/899 - Document 1080 2. T/901 - Document 1093 3. T/900 - Document 1079 2. (I c) Planning of the deportations by the Accused Means of Proof: 4. T/898 - Document 423 3. Overall direction of the deportations by the Accused Means of Proof: 5. Same as for 1. (I a and b) 4. Acting by the Accused on the basis of a special authorization Means of Proof: 6. T/170 - Document 1398 II. Argument for the Defence As to 1 (I a and b) The Accused's Section only provided the necessary means of transport for the resettlement and organized the transports. Means of Proof: 1. T/37 - pp. 2045-2059. As to 2 (I c) The Accused took part in the conference at Marburg only because technical questions of transport were discussed there. Means of Proof: 2. T/898 - Document 423 As to 3. The carrying out and direction of the deportations and of the resettlement staff were the duty of Department III of the Head Office for Reich Security (Race and Folkdom) and of the Head Office for Race and Resettlement. The resettlement staff was subordinate to Department III. Means of Proof: 3. T/899 - Document 1080 The Accused's Section did not deal with the direction of the resettlement but only with organizing transports. Means of Proof: 4. T/900 - Document 1079 III. As to 1. (I a and b) The carrying out of the transports by the Accused's Section was not equivalent to carrying out the resettlement. No proof was adduced showing that the transports were carried out in an inhumane manner or by terrorist means. As to 2. (I c) The planning of the resettlement was not done by the Accused. The resettlement was ordered by Heydrich on the basis of an order from the Fuehrer, within the framework of Himmler's powers as Commissioner for the Strengthening of German Folkdom. As to 3. (I c) The direction of the resettlement, and in particular the selection of the persons to be resettled, their concentration and treatment, were not the task of the Accused's Section, but that of Department III. As to 4. (I c) The Accused did not act by virtue of a special authorization, but on specific orders. He had no choice as to whether to carry out the transports or not to carry them out, but was ordered to carry out the transports. ELEVENTH COUNT OF THE INDICTMENT Deportation of Gypsies I. Argument for the Prosecution 1. Deportation by the Accused Means of Proof: 1. T/37, pp. 1664-1665 and 976-977 2. T/XII - Testimony of Novak 2. Seizure of the Gypsies in collection camps by the Accused Means of Proof: 3. Same as for 1. 3. Transport to the extermination camps Means of Proof: 4. Same as for 1. II. Argument for the Defence As to 1. The Accused dealt with the deportations only insofar as the transport was carried out by his Section. Means of Proof: 1. T/37, pp. 1664-1665 and 976-977 2. T/166 - Document 468 As to 2. The Accused was not competent for the concentration in collection camps. Means of Proof: 3. T/293 - Document 1505 As to 3. The Accused attempted to evade the transport to a camp in the East and sent five thousand Gypsies with a transport of Jews to the Litzmannstadt Ghetto. Means of Proof: 4. T/220 - Document 1248 III. Submission for the Defence The Accused was not responsible for the resettlement nor for the seizure. He only carried out the transports of the Gypsies from the territory of the Reich on Heydrich's order. There is no accusation relating to the killing of the Gypsies. WELFTH COUNT OF THE INDICTMENT Deportation and causing the death of the Lidice children I. Argument for the Prosecution: Crimes against Humanity 1. The Accused is alleged to have caused the deportation of about 81 children from Lidice. Means of Proof: 1. T/1091 - Document 865 2. T/1092 - Document 866 3. T/1093 - Document 867 4. T/1094 - Document 868 5. T/1095 - Document 869 6. T/1096 - Document 936 7. T/1097 - Document 937 8. T/1098 - Document 938 9. T/1099 - Document 939 10. T/1100 - Testimony of Maria Hanfova in Nuremberg 11. T/1434 - Excerpt from book: Here Stood Lidice II. Argument for the Defence As to 1. The Accused bears no reponsibility for the deportation of the children from Lidice Means of Proof: 1. T/1091 - Document 865 2. T/1097 - Document 937 As to 2. The children were not to be put to death, neither were they put to death. 3. T/IX - Testimony of Krumey before the Frankfurt Court on 6 June 1961, who mentions the despatch from the BdS Prague to the Central Resettlement Office on 12 June 1942. The children are to be added to transports of Poles to the Generalgouvernement. 4. N/19 - Declaration of Mrs. Elise Freiberg - T/1100 and T/1434 III. Submission for the Defence The Prosecution has produced no proof of the acts with which the Accused is charged in Count 12 of the Indictment. The death of the children has not been proved. The deportation from Lidice to Lodz was carried out on directions from the Higher SS and Police Leader. In the secret despatch mentioned under II 2., the transport of the children into the Generalgouvernment had already been ordered. There is no criminal responsibility of the Accused for the deportation of the children or for causing their death. THIRTEENTH, FOURTEENTH AND FIFTEENTH COUNT OF THE INDICTMENT I. Argument for the Prosecution: Membership in Hostile Organizations 1. As to Count XIII Membership of the Accused in the SS Means of Proof: 1. T/37-1 - Document 17 2. As to Count XIV Membership of the Accused in the SD Means of Proof: . Same as for 1. 3. As to Count XV Membership of the Accused in the Gestapo 1. T/647 - Document 1588 2. T/99 - Document 36 3. T/104 - Document 51 4. T/170 - Document 1398 II. Argument for the Defence As to 1, 2 and 3 The Accused was a member of the SS, SD and the Gestapo. When he joined the SS, its aims were still legal. When the Accused joined the SD, its tasks were not yet known to him, and the work he did at first was neutral office work. The Accused was transferred to the Gestapo by force of circumstances, as a result of the unification of the central authorities of the Security Police and the State Police within the Head Office for Reich Security. III. Submission for the Defence The documents mentioned under 1. represent membership, official rank and official position of the Accused. As to the position of the Accused within the hierarchy of these organizations, see the plans which have been submitted: N/2 - Time plan AE 1 N/3 - Time plan AE 2 N/20 - Routing of orders in departments and authorities N/21 - Germany Plan II N/22 - Germany Plan III N/23 - Germany Plan IV N/25 - Time Plan AE, The central authorities of the Reich As to the legal arguments, cf. the oral pleadings. WRITTEN SUMMARIES BY THE PROSECUTION Marginal Note (to Session 113, p. 1) These written summaries by the Prosecution contain mainly references to the evidence (oral testimonies and documents) arranged under headings of subject matter as follows: I. Up to the outbreak of the War 1. The Deportations from Germany, Austria and the Protectorate 2. SS, Gestapo, SD 3. The Accused 4. Measures against the Jews by the Sipo and the SD 5. Terezin 6. Bergen-Belsen 7. Marking the Jews 8. Poland 9. USSR 10. France 11. Holland 12. Belgium 13. Denmark 14. Norway 15. Italy 16. Yugoslavia 17. Bulgaria 18. Greece 19. Romania 20. Slovakia 21. Hungary 22. Spoliation of Property 23. Camouflage 24. Skeletons 25. Sterilization 26. Camps 27. The Lidice Children 28. Mass Deportations 29. Prevention of Emigration to Palestine The above references to the evidence have been incorporated, under each respective heading, into the consolidated index which appears in the final volume of this publication.
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