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

The Tribunal will recall evidence heretofore
received, and I refer to Page 254 (Part I) of
the transcript of these proceedings, of the
telephone conversation between Goering and Seyss-
Inquart, in which Goering stated that
Kaltenbrunner was to have the Department of
Security.

I continue quoting the last paragraph from this
article:

     "During the liquidation of the Austrian
     National Government and the reorganisation
     of Austria into Alps and Danube Districts,
     he was

                                      [Page 228]

     appointed Higher S.S. and Police Leader
     with the Reich Government in Vienna, Lower
     Danube and Upper Danube in Corps Area 17,
     and in April, 1941, he was promoted to
     Major General of Police."

Kaltenbrunner thereby became the little HimmIer
of Austria.

According to Der Grossdeutsche Reichstag, Vierte
Walalperiode, 1938, published by F. Kienast, at
Page 262, our Document 2892-PS, Kaltenbrunner
joined the Nazi Party and the S.S. in Austria in
1932. He was Party Member 300179 and S.S. Member
13039. Prior to 1933 he was the "Gauredner " and
legal adviser to S.S. Division 8. After 1933, he
was the leader of S.S. Regiment 37, and later
the leader of S.S. Division 8. Kaltenbrunner was
given the highest Nazi Party decorations, the
Golden Insignia of Honour and the Blutorden. He
was a member of the Reichstag after 1938.

I now offer Document 3427-PS, as Exhibit next in
order USA 512. This is also an article which
appeared in Die Deutsche Polizei, the magazine
of the Security Police and S.D., 12th February,
1943, at Page 65, and I quote:

     "S.S. Gruppenfuehrer Kaltenbrunner
     Appointed Chief of the Security Police and
     of the S.D.
     Berlin, 30th January, 1943.
     
     Upon suggestion of the Reichsfuehrer S.S.
     and Chief of German Police, the Fuehrer has
     appointed S.S. Gruppenfuehrer and Major
     General of Police Dr. Ernst Kaltenbrunner
     as Chief of the Security Police and of the
     S.D. as successor of S.S.
     Obergruppenfuehrer and Lieutenant General
     of Police Reinhard Heydrich, who passed
     away 4th June, 1942."

The Tribunal has heard frequent references made
to the speech of Himmler delivered on 4th
October, 1943, at Posen, Poland, to
Gruppenfuehrers of the S.S., our Document 1919-
PS, heretofore received as Exhibit USA170, in
which, with unmatched frankness, Himmler
discussed the barbaric programme and criminal
activities of the S.S. and the Security Police.
Near the beginning of the speech Himmler
referred to, and I quote merely this one
sentence: "Our comrade, S.S. Gruppenfuehrer
Ernst Kaltenbrunner, who has succeeded our
fallen friend Heydrich."

Kaltenbrunner carried out the responsibilities
as Chief of the Security Police and S. D. to the
satisfaction of Himmler and Hitler, for on 9th
December 1944, according to the "Befehlsblatt "
of the Security Police and S.D.

DR. KAUFMANN (Counsel for defendant
Kaltenbrunner): May I interrupt just for a
second ? I understood the decision of the
Tribunal to be that the proceedings against
Kaltenbrunner were to be postponed until
Kaltenbrunner is fit for trial and now the
matter of Kaltenbrunner is being discussed.

THE PRESIDENT: No, the decision which the
Tribunal indicated before was based upon the
view that the evidence could be divided between
evidence which bore directly against
Kaltenbrunner and evidence which bore against
the organisation of the Gestapo, but, when you
attended before us in closed session, it was
explained that it was impossible to do that and
that the evidence was so inextricably mingled
that it was impossible to direct the evidence
solely to the organisation and not to include
that against Kaltenbrunner. Accordingly the
Tribunal decided that they would go on with the
evidence, which the prosecution desired to
present, in its entirety, but that they would
give you the opportuinty of cross-examining any
witnesses who might be

                                      [Page 229]

called, at a later date. Of course, you will, in
addition to that, have the fullest opportunity
of dealing with any documentary evidence which
bears against Kaltenbrunner when the time comes
for you to present the defence on behalf of
Kaltenbrunner.

Do you follow that ?

DR. KAUMANN: Of course.

THE PRESIDENT: You will have the opportunity of
cross-examining any witness who is called this
afternoon or to-morrow, at a later date, a date
which will be convenient to yourself. And in
addition, with reference to any documentary
evidence such as is now being presented by
counsel for the United States, you will have
full opportunity at a future date of dealing any
way that it seems right to you to do.

DR. KAUFMANN: Yes. May I just say one word more?
The misunderstanding from which I am suffering
is probably due to the fact that I was of the
opinion that witnesses were now to be heard, but
now I hear that the evidence -- that is to say,
a vastly greater complex of evidence -- is to be
put forward. Now that I hear that the Tribunal
is also admitting the evidence in its entirety I
shall, of course, have to submit to this
decision.

LT. HARRIS: Kaltenbrunner carried out the
responsibilities as Chief of the Security Police
and S.D. to the satisfaction of Hiramler and
Hitler, it for on 9th December, 1944, according
to the " Befehlsblatt " of the Securi y Police
and S.D., No. 51, Page 361, our 2770-PS, he
received, as,Chief of the Security Police and
S.D., the decoration known as the Knight's Cross
of the War Merit with Crossed Swords, one of the
highest military decorations. By that time
Kaltenbrunner had been promoted to the high rank
of S.S. Obergruppenfuehrer and General of the
Police.

I invite the attention of the Tribunal to the
organisation chart entitled "The Position of
Kaltenbrunner and the Gestapo and S.D. in the
German Police Systern," Exhibit USA 493. As
Chief of the Security Police and S.D.,
Kaltenbrunner was the Head of the Gestapo, the
Kripo and the S.D. and of the R.S.H.A., which
was a department of the S.S. and the Reich
Ministry of the Interior. He was in charge of
the regional offices of the Gestapo, the S.D.
and the Kripo within Germany, and of the Einsatz
Groups and Einsatz Commandos in the occupied
territories.

Directly under Kaltenbrunner were the Chiefs of
the main offices of the R.S.H.A., including Amt
III (the S.D. within Germany), Amt IV (the
Gestapo), Amt V (the Kripo), and Amt VI (Foreign
Intelligence).

I offer Document 2939-PS as Exhibit next in
order, Exhibit USA 513. This is the affidavit of
Walter Schellenberg, who was chief of Amt VI of
the R.S.H.A. from the autumn of 1941 to the end
of the war. I am going to read a very small
portion of this affidavit, beginning with the
sixth sentence of the first paragraph:

     "On or about 25th January, 1943, I went
     together with Kaltenbrunner to Himmler's
     headquarters at Loetzen in East Prussia.
     All of the Amt Chiefs of the R.S.H.A. were
     present at this meeting, and Himmler
     informed us that Kaltenbrunner was to be
     appointed Chief of the Security Police and
     S.D. (R.S.H.A.) as successor to Heydrich.
     His appointment was effective as from 30th
     January, 1943. 1 know of no limitation
     placed on Kaltenbrunner's authority as
     Chief of the Security Police and S.D. He
     promptly entered upon the duties of the
     office and

                                      [Page 230]

     assumed direct charge of the office and
     control over the Amt. All important matters
     of all Ainter had to clear through
     Kaltenbrunner."

During Kaltenbrunner's term in office as Chief
of the Security Police and S.D., many crimes
were committed by the Security Police and S.D.
pursuant to policy established by the R.S.H.A.
or upon orders issued out of the R.S.H.A., for
all of which Kaltenbrunner was responsible by
virtue of his office. Each of these crimes has
been discussed in detail in the case against the
Gestapo and S.D., and reference is here made to
that presentation. Evidence now will be offered
only to show that these crimes continued after
Kaltenbrunner became Chief of the Security
Police and S.D. on 30th January, 1943.

The first crime for which Kaltenbrunner is
responsible as Chief of the Security Police and
S.D. is the murder and mistreatment of civilians
of occupied countries by the Einsatz Groups.
There were at least five Einsatz Groups
operating in the East during Kaltenbrunner's
term in office.

The "Befehlsblatt" of the Security Police and
S.D. -- and this is contained in our Document
2890-PS, of which I ask the Tribunal to take
judicial notice -- contains reference to Einsatz
Groups A, B, D, G and Croatia during the period
of August, 1943, to January, 1945.

I shall not read from the document which
contains those excerpts, but the Tribunal will
note those references to the name "Einsatz
Groups," indicating that they were operating
during the time that Kaltenbrunner was Chief of
the Security Police and S.D. The Tribunal will
recall Document 1104-PS, which has heretofore
been received as Exhibit USA 483. I will only
refer in passing to this document, which
contained a lengthy and critical report on the
conduct of the Security Police in exterminating
the Jewish population of Sluzk, White Ruthenia.
That report was submitted to Heydrich on 21st
November, 1941. Yet, the same conditions of
horror and cruelty continued to characterise the
operations of Einsatzkornmandos in the East
while Kaltenbrunner was Chief of the Security
Police and S.D. I refer to Document R-135, which
has heretofore been received as Exhibit USA 289,
and I will not read anything from that but
simply refresh the Tribunal's recollection of
the report of Gunther, the prison warden at
Minsk, under date of 31st May, 1943, to the
General Commissioner for White Ruthenia, in
which he pointed out that after 13th April,
1943, the S.D. had pursued a policy of removing
all gold teeth, bridgework and fillings of Jews,
an hour or two before they were murdered.

The Tribunal will also recall in this Exhibit
the report of 18th June, 1943, to the Reich
Minister for the occupied territories describing
the practice of the police battalions of locking
men, women and children into barns which were
then set on fire.

The second crime for which Kaltenbrunner is
responsible as Chief of the Security Police and
S.D. is the execution of racial and political
undesirables.

THE PRESIDENT: Lieutenant Harris, I think you
are going perhaps a little bit too fast, and it
is difficult for us to follow you when you are
referring so quickly to these documents.

LIEUTENANT HARRIS: Thank you, sir.

The second crime for which Kaltenbrunner is
responsible as Chief of the Security Police and
S.D. is the execution of racial and political
undesirables screened out of prisoner-of-war
camps by the Gestapo. The Tribunal will recall
Document 2542-PS, heretofore received as Exhibit
USA 489.

                                      [Page 231]

I believe, you will find that document in the
Gestapo Document Book. It was introduced this
morning.

THE PRESIDENT: The Lindow affidavit?

LIEUTENANT HARRIS: Yes. That is the Lindow
affidavit that indicates that the programme of
screening prisoner of war camps continued during
1943.

The third crime for which Kaltenbrunner is
responsible as Chief of the Security Police and
S.D. was the taking of recaptured prisoners of
war--

THE PRESIDENT: Wait a minute. You have not yet
drawn our attention to any specific paragraph
which shows that this programme was in operation
after 1943 ; you are passing on to something
else whilst I am looking at the document to see
what I have got.

LIEUTENANT HARRIS: Referring specifically to the
third paragraph, if the Tribunal please, which
has heretofore been read into evidence.

THE PRESIDENT: That only says until about the
beginning of 1943.

LIEUTENANT HARRIS: It says early in 1943 the
department was dissolved and it went into the
departments in Subsection IV B. The work
concerning Russian prisoners of war must then
have been done by IV B2a.

THE PRESIDENT: Yes. Well, that is all you want
it for, is it not

LIEUTENANT HARRIS: Yes.

The third'crime for which Kaltenbrunner is
responsible as Chief of the Security Police and
S.D. was the taking of recaptured prisoners-of-
war to concentration camps where they were
executed. I invite the attention of the Tribunal
to Document 1650-PS, which has heretofore been
received as Exhibit USA 246. This is the secret
Gestapo order, the" Kugel Erlass," or "Bullet
Decree," under which escaped prisoners-of-war
were sent to concentration camps by the Security
Police and S.D. for execution.

This order, dated 4th March, 1944, was signed --
and I quote -- " Chief of the Security Police
and of the Security Service, for the Chief,"
(signed) " Mueller."

I now offer Document L-158 as Exhibit next in
order. This is Exhibit USA 54. I am not going to
read this document since it is similar to the
previous document offered, but I do wish to
refer to the marked passages. First: "On 2nd
March, 1944, the Chief of the Security Police
and S.D., Berlin, forwarded the following O.K.W.
order." Then follows the statement that upon
recapture certain escaped prisoners of war
should be turned over to the Chief of the
Security Police and S.D.

The document goes on to say -- and I quote --"In
this connection the Chief of the Security Police
and S.D. has issued the following instructions."
Detailed instructions follow concerning the
turning over of such prisoners to the commandant
of Mauthausen under the operation "Bullet."
Further, this order states -- and I quote --
this is at the very end of the order -- " The
list of the recaptured officers and non-working
N.C.O. prisoners of war will be kept here by IV
A I. To enable a report to be made punctually to
the Chief of the Sipo and S.D., Berlin,
statements of the numbers involved must reach
Radom by 20th June, 1944."

I recall the attention of the Tribunal to
Document 2285-PS, which was received this
morning as Exhibit USA 490.

THE PRESIDENT: Has that Document L-158 already
been put in evidence ?

                                      [Page 232]

LT. HARRIS: No, Sir, I have just put in those
portions. I have just put the document in
evidence at this time, Sir. The document has not
been read in its entirety for the reason that
the contents, other than the quoted portions,
are substantially the same as Document 1650,
which has been read at length.

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