The Nizkor Project: Remembering the Holocaust (Shoah)

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DR. SERVATIUS CONTINUES:

In Document No. 70 the Reich Minister for Finance makes
promotion dependent upon collaboration within the Party.

Document No. 71 deals with departure and exclusion of
officials; it says that they cannot remain officials after
they have left the Party. The least that the official can
expect is that his promotion will be deferred. Bormann asks
that he be notified at the same time of the decision
concerning the exclusion of the member from the Party.

Then Document No. 72 deals with the experts' offices. Here
it is emphasized that the experts' offices attached to the
staff of the Hoheitstrager are to be run on non-political
lines.

Document No. 73 sets aside from the various staffs the
officials of the Reich Treasury who deal with financial
control and accounts.

Document No. 74 again shows the separate development of the
financial system apart from the regular political system.

Document No. 75 orders the separation of the Party's
financial and political administration and the dismissal of
finance experts from the staff of the Gau leadership.

Document No. 75 also lays down that the treasurers are
responsible only to the Gau treasurer and must follow the
instructions.

Document No. 76 deals with prosecution which the finance
department can demand against any member of the political
staffs.

Document No. 77 shows the organization of the various
offices in the staff. The distinction is made here between
political leadership, administration and Party Courts.

Document No. 78 again deals with the separation of the Gau
treasurers and cashiers.

Document No. 79 deals with the subject of the organization
within the staff in the various spheres of responsibility.

Document No. 80 prohibits the interference of Party offices
with Party Court proceedings.

Document No. 81 is of significance in so far as the Party
Courts are put outside the Party organization and are made
independent. As a result, Party judges are not "political
leaders."

                                                  [Page 247]

Document 82 defines the position of the Party judge. It
says: "He is subordinate only to the Fuehrer," and he is
therefore not a "political leader."

The next few documents deal with the Church problem. First
of all, we find the commentary given by Feder with reference
to the Party's programme. As far as cultural policy is
concerned, it is stated that attacks on Christianity are to
be avoided because they are clumsy and tactless; and at the
end he emphasises that "the Party is based on Christianity."

Document No. 84 is of significance for it emphasises in
detail as a Party commentary what practical attitude is to
be taken towards Church matters. Under points 27 and 29 it
mentions full religious freedom and liberty of conscience,
protection of the various confessions, repression and
elimination of theological dogmas which are contrary to the
German sense of morality, and so forth.

In Document No. 85, the Party turns against the so-called
"Wotan Cult" and rejects it emphatically.

Document No. 86 prohibits interference by the State in
Church discussions; it specifically says that any police
interference, such as protective custody, confiscation and
the like, is forbidden. This document dates back to the year
1933.

Document No. 87 was issued in conjunction with a declaration
of Reich Bishop Mueller forbidding spiritual coercion. It is
a directive of Hess dating back to the year 1933.

In the year 1935 a directive was issued by Hess which was
also opposed to interference in Church matters. It states
that they are to abstain entirely from intervening in those
questions and that isolated actions against Churches are
prohibited.

Document No. 89 is a circular letter taken from the Party
Regulations of the year 1937. It states that all
denominations are to be treated alike and it decrees that
the Party will remain aloof from all denominational groups.
It rejects the creeds known as "Deutsche Glaubensbewegung"
(German Faith Movement) and "Deutsche Gotterkenntnis"
(German Theology).

Document No. 9o deals with "National Socialist
celebrations," and it condemns the attempt to bring about a
substitute for religious services by means of certain
celebrations of their own.

The next document, No. 91, deals with the practical results
of the fact that when someone assumes a Church office, he
cannot be called to account for his actions, but has to be
left unmolested.

Document No. 92 deals with the Reich Labour Service and it
states that the individual may not be stopped in any way. It
merely opposes that members, as a body, should favour a
particular creed. Then we come to the treatment of theology
students and the avoidance of polemics on Church matters in
the Labour Service.

Document No. 93 deals with the book The Myth. When looking
at it carefully, it is evident that it did not receive the
Party's official seal of approval.

Document No. 94 deals with lynching. It refers to the
Japanese measures concerning the sentencing to death of
airmen who had taken part in air raids there. The document
condemns a similar attitude in Germany. This is in the year
1942.

Document No. 95 deals with the treatment of prisoners of
war. It states that they were to receive sufficient food and
that their treatment, although strict, should not be rough,
and it must be just and decent.

Document No. 96 deals with the employment of Eastern
workers. This is a circular by the Reich Propaganda
Leadership, which was also sent to political leaders. It
says that the workers were to be reasonably treated, and
therefore would have to be properly fed, and that "They must
not be confused with prisoners of war."

Document No. 97 deals with the religious needs of the
Eastern workers, and it says that Orthodox clergymen may be
appointed.

                                                  [Page 248]

Document No. 98 deals with the question of the interruption
of pregnancies of female Eastern workers. This is a
confidential communication by the Party Chancellery, which
states that it is only with the consent of the worker
concerned that such an interruption of pregnancy may be
carried out. It is only at the request of the pregnant woman
that the pregnancy may be interrupted.

Document No. 99 deals with protective custody. This most
severe measure can only be taken when the facts of the case
and the question of guilt have been thoroughly investigated,
and it was expected that it would be asked for only in
really urgent and well-founded cases. This circular is
addressed to the Kreisleiter.

Document No. 100 deals with the care of families of
political prisoners and of the prisoners themselves after
their release. The peculiar fact arises that the relatives
of the political prisoners who are in concentration camps
are taken care of as far as both their economic and their
political needs are concerned, and then, after their return,
the internees released from concentration camps have to
receive economic care only.

Document No. 101, on the Jewish question, condemns rumours
and states:

  "Terror actions against Jews are to be avoided as
  provocations, so that it will be possible to counteract
  the foreign propaganda about atrocities and boycotting
  and brand it as lies."

The next document is of significance in so far as the
prosecution has stressed the consumer co-operative
associations which were convicted together with the trade
unions.

Document Book 2 has now been discussed in detail. Certain
other applications have been granted me.

Document No. 59-A has been admitted. It states that Himmler
had only the Party rank of a Reichsleiter, but that he was
not actually a Reichsleiter, and this may be of legal
significance.

Then we have another document which has been admitted, taken
from a Leitz filing cabinet in the Gestapo office at
Dusseldorf, dealing with the ill-treatment of foreign
workers. In that document beating, detention and ill-
treatment are prohibited, and a Special Court sentence is
mentioned according to which the guard personnel of a camp
were sentenced to imprisonment for not less than four months
for having deprived people of liberty and caused them
grievous bodily harm.

Thus, Mr. President, I have submitted all the actual
documents. I shall now turn to the affidavits which have
been granted me.

THE PRESIDENT: You are going to deal with your affidavits
now?

DR. SERVATIUS: Yes, Mr. President.

The Tribunal has before it a list showing these 64
affidavits which are granted to me. I should like to proceed
now according to that list.

Affidavit No. 1 has been translated, and I shall submit it
to the Tribunal. Up till now we have only had this document
in English.

This is an affidavit furnished by a 60-year-old
Landgerichtsdirektor (judge) in Ratisbon, who had been a
block leader. He states how he had to take over this office
and says in detail what the work consisted of. He mentions
the significance of the organization book, which is of some
importance in so far as many conclusions are drawn from it
concerning the size of the organization and the activity of
the various members. It is frequently repeated that this
book was only a draft and was to be a working basis rather
than a final official Party solution.

Document No. 2 has not been translated. It may be found in
the transcript of 16th July, 1946, before the first
Commission, Page 3227 of the German text. This is the
testimony of a Kriminalobersekretaer (secretary of criminal
police) of Munich, who shows how his application was
received; at first he was turned down

                                                  [Page 249]

as unreliable for the post of block leader, but later on was
installed nevertheless. The gist of the matter is to show
that these were not important political offices which could
only have been carried out by a so-called "Hoheitstrager."
The witness answers the various questions.

Affidavit No. 3 was taken in the same session of the
Commission, Page 3229. This is a commercial employee who was
a block leader for eight years.

Then we turn to Affidavit No. 4, to be found on the same
page. This is sworn by a head dairyman who for ten years was
a block leader in a small country town, and who was a former
member of the trade unions. He deposes on the question of
spying and informing. He also deals with the card index
which was kept of the inhabitants and the orders and
instructions that he received.

Affidavit No. 5 emanates from a Wiesbaden locksmith who is
72 years old, who for many years was a block leader and then
later a cell leader. He deals with the question of spying
and says that it was unwise and that it created ill-will and
mistrust. He also mentions the reason for his joining the
Party and he describes the type of people from whom the
block and cell leaders were taken; innkeepers, tailors,
locksmiths, master carpenters, and similar people.

Now I shall turn to Affidavit No. 6, which has been
translated. This is the testimony given by a State office
employee from Stuttgart. He gives information about
conditions before the war and gives a detailed statement on
the various points which are of importance in connection
with the matter of block leaders.

Affidavit No. 7 has not been translated. It may be found in
the transcript of the Commission, Page 32/33. This witness
was a war-time block leader and a certificated engineer. He
defines his attitude towards the well-known card-index
system and describes impressively what a block leader had to
do in his area. He mentions everything from the collection
of Party subscriptions to the sweeping away of snow and
whatever work in which he had to assist in the general
interest.

Document No. 11 is the testimony of a bricklayer's foreman,
who deals with the relationship with the Church in the
district of Cologne, and says that at the foundation of this
cell they were all strictly orthodox members of the
Evangelical Church; that the parson was a member of the
Party and that in the neighbourhood theologians appeared as
speakers; however, all that was changed in the year 1935
with the beginning of the German Christian movement.

Document No. 11 has also been translated. It comes from a
Kreisamtsleiter - that is a professional official in the
district of Cologne and Euskirchen. He deals with the card-
index system.

I have omitted Document No. 9. It comes from Brake in
Oldenburg and deals with general matters.

Now I should like to refer to Affidavit No. 16 and must make
a correction. I have repeatedly referred to these affidavits
as "documents," which may bring about confusion. Documents
are in the document book whereas the affidavits have been
numbered separately.

Affidavit No. 12 was made by an engine fitter who was a
member of the Metal Workers' Union and who knows 200
Blockleiter. He deals principally with the question of
nomination to and confirmation in the position of political
leaders and he says that this hardly ever happened.

Then Affidavit No. 18 was sworn by a Zellenleiter in Bremen
who was Verwaltungsoberinspektor (senior administrative
inspector). He deals with the question of accepting office
under coercion. He says that he had to fill in
questionnaires which were added to his personal file.

Affidavit No. 19 was sworn by a Block- and Zellenleiter at
Hamburg, who deals with the question of whether a
functionary is a Hoheitstrager or not, and he gives a
detailed statement of facts which may be of service for
judging this matter.

Affidavit No. 20 comes from Berlin and it describes
activities in the metropolis; the collection of winter
relief and other contributions, the distribution

                                                  [Page 250]

of pamphlets, collections and so forth. It also deals with
the question of obtaining information on individuals and the
procedure followed, if negative reports were returned which
had been asked for through official channels. Then an
extensive investigation from above would have taken place in
order to check. the correctness of the accusation.

Affidavit No. 12 comes from Berlin-Hessenwinkel, which is in
the Soviet Zone. This is a publisher who gives a clear
survey of conditions that prevailed in his area.

Affidavit No. 17 comes from Dresden and enumerates the
activities of Blockleiter in simple matters and non-
essential things. He compares the members of the Ortsgruppen
staffs with the Block- and Zellenleiter and concludes that
the Block- and Zellenleiter were less influential than the
members of the Ortsgruppen.

Finally we have Affidavit No. 21 which comes from Eisenach
and which also deals with the question of the treatment of
the population: winning of confidence, exemplary behaviour,
no chicaneries, spying prohibited.

Affidavit No. 13 comes from the Gau organization leaders of
the Gau Munich. Upper Bavaria, and deals with the evidential
value of the organisation's book which I mentioned
previously; it deals therefore with the question of
Hoheitstrager and the authority of the individuals. It says
that a passage of the book is particularly exaggerated: the
one dealing with the opinions and plans about Block- and
Zellenleiter who are named for propaganda reasons as the
Party's most important people.

Three more affidavits follow, dealing with Block- and
Zellenleiter which, are Affidavit No. 14, the statement of
an Amtsgerichtsrat (judge), who deals with the question of
authority. Then there is a peasant from Westphalia who was
elected Mayor. He also states, in connection with
sovereignty rights, that they did not exist in the case of
Block- and Zellenleiter, and that spying activity never did
take place nor any activity connected with a conspiracy.

Affidavit No. 15 is the affidavit of a full-time Kreisleiter
at Nortingen. He gives a survey of the Block- and
Zellenleiter in his district and how they were composed:


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