Archive/File: imt/tgmwc/tgmwc-06/tgmwc-06-54.21
Last-Modified: 1998/01/04
 
The so-called "Henlein Free Corps" (Freikorps Henlein) was established
in Bohemia and Moravia.

During the interrogation of 15th August, 1945, Karl Hermann Frank
testified that Henlein and his staff were in Tandorf Castle near
Reuch. Henlein himself was the Chief of Staff of the Corps, which bore
the title "Freikorps des Fuehrers." According to Frank the Free Corps
was established by Hitler's order. Part of that corps which was in the
territory of the German Reich was equipped with small arms in small
quantities, as stated by Frank. According to him, the Free Corps
consisted of about 15,000 people, chiefly Sudeten Germans. We find
this information on Page 3 of the Russian translation of Document No.
3061-PS. In your book it is Page 185 of Volume I, Part 1.

Among the trophies collected by our heroic Red Army are the archives
of the German Ministry for Foreign Affairs.

The Soviet Delegation has at its disposal other documents which I
consider it advisable to read in part in order to supplement the data
previously submitted to the Tribunal. They are particularly
interesting, if we bear in mind that one of the favorite pretexts for
aggression of the Hitler conspirators was their intention to protect
the interests of the German minorities. I will read an excerpt from
the top-secret minutes of the meeting held in the Ministry for Foreign
Affairs at noon, 29th March, 1938, in Berlin, especially on the
subject of the Sudeten German. I shall refer to our Exhibit USSR 271.
You will find this passage on Page 196, Volume I, Part 1. I quote:

     "The conference was attended by the gentlemen mentioned in the
     attached list: In his opening address the Reichsminister
     emphasised the importance of keeping this conference strictly
     secret and later, referring to the Fuehrer's instruction which he
     had personally given to Conrad Henlein yesterday afternoon, he
     stated that there were primarily two questions of importance to
     the political guidance of the Sudeten German Party.
     
     (1) The Sudeten Germans must know that they are backed by a
     German nation of 75,000,000 inhabitants who will not tolerate any
     further oppression of the Sudeten Germans by the Government of
     Czechoslovakia.
     
     (2) It is the responsibility of the Sudeten German Party to
     submit to the Czechoslovak Government certain demands."

THE PRESIDENT: I am sorry to interrupt you but it is not quite clear,
on the translation that has come through, whether you have deposited
the original of this document and have given it an exhibit number --
that is, if it has already been put in.

COLONEL POKROVSKY: All the documents presented by the Soviet
Delegation are submitted by us to the Tribunal in Russian and they are
then handed for translation to the international translators' pool,
which is entrusted with the examination of the translation of
documents. This document is referred to by me in precise
correspondence with its registration number -- our number USSR 271.

                                                            [Page 205]
                                                                      
THE PRESIDENT: If the original document is not in Russian, it must be
deposited with the Tribunal in its original condition. I do not know
what the document is. It is about a conference apparently, and I
suppose the original is in German.

COLONEL POKROVSKY: The original document is in German.

THE PRESIDENT: If that is so, we would like to see the original in
German.

COLONEL POKROVSKY: The original document, in the German language, is
at present at the disposal of the Tribunal. May I continue?

THE PRESIDENT: One moment. Is this the original?

COLONEL POKROVSKY: It is a photostat.

THE PRESIDENT: I am afraid that we must insist upon having the
original.

COLONEL POKROVSKY: The original document is at the disposal of the
Soviet Government and, if the Tribunal wishes, it can be sent for and
presented to the Tribunal a little later. The photostat is certified.

THE PRESIDENT: I am afraid we must have the original document. After
the original documents have been produced and exhibit numbers given to
them, they will remain in the hands of the Tribunal. Of course, the
subject of the translations is quite a different one, but for the
purpose of insuring that we get really genuine evidence we must have
the originals deposited with the General Secretary.

COLONEL POKROVSKY: I note the wish of the Tribunal and we shall give
instruction for the original documents to be submitted to the Tribunal
although, in this case, we have followed the established precedent
where the Tribunal considers it sufficient to accept the certified
photostats. We can submit the original, but we shall have to do it
somewhat later, as not all the requisite material is in Nuremberg at
the present time.

THE PRESIDENT: Yes, so long as you undertake to do it. But I do not
think you are right in saying that it is the practice that has been
already established, because we have been demanding the production of
the original document from the French prosecutors, and they have been
produced.

COLONEL POKROVSKY: We shall take the necessary measures so that the
Tribunal will receive, although of course somewhat later, all the
original documents from which the present photostats were taken. May I
now continue?

THE PRESIDENT: Colonel Pokrovsky, I imagine that you will be able to
produce, to-morrow, the originals of the documents which were referred
to to-day?

COLONEL POKROVSKY: I cannot promise that, because not all the
originals are here. A considerable part of these documents are unique
and consequently not kept in Nuremberg. Here we keep only a certain
part of the originals. All that I can do is to submit, in future, the
originals at our disposal. Those which we do not have here we shall
request the Soviet Government to send over in exchange for the
photostats. This we can do.

THE PRESIDENT: I think the Tribunal had better adjourn for the purpose
of considering this matter.

                         (A recess was taken.)
                                   
THE PRESIDENT: The Tribunal has considered the matter of the
deposition of original documents, and they wish the following
procedure to be adopted:

In the first place, they want original documents deposited with the
General Secretary of the Tribunal, wherever possible. Secondly where
it is impossible for original documents to be deposited, or highly
inconvenient, they will accept photostat copies of the original
documents, provided that a certificate accompanies the photostat
document that it is a true copy of an original document, and that the
original is an authentic document, giving the origin of the original
document and the place of its present custody. Thirdly, they will
accept photostat copies for the present on the undertaking of counsel
that certificates, such as I have indicated, will be furnished as soon
as possible.

Is that clear, Colonel Pokrovsky?

                                                            [Page 206]
                                                                      
COLONEL POKROVSKY: I would ask the Tribunal to explain one point to
me. Do I understand that the Tribunal only confirms its former
decision and practice, which was established in connection with the
presentation of the document in evidence by my American and British
colleagues, or is it something new that the Tribunal is introducing?

The documents which I presented here to-day have already been accepted
as a photostat in the same session of the Court, under Exhibit No. USA
95 or Document 2788-PS. Therefore, it is not quite clear to me whether
I am dealing with a new decision or the reiteration of an old
practice.

THE PRESIDENT: I think what you have stated is true, that this
particular document does not appear to have any certificate that it is
a true copy. But the Tribunal expects that the United States will
produce such a certificate that it is a true copy of an authentic
document and will state the origin and the custody of the original
document.

COLONEL POKROVSKY: Pray forgive me, but I consider that the question
which I wish to elucidate is of equal interest to all the prosecutors.
Am I, and with me all the representatives of the prosecution, to
understand the decision of the Tribunal to mean that we are to present
supplementary documentation in support of all photostats, including
the photostats previously accepted by the Tribunal, or does it only
refer to documents which the Soviet Delegation will present in the
future?

THE PRESIDENT: If a document had been accepted in photostatic form and
there has been no certificate that it was a true copy of an authentic
document, then such a certificate must be given. And we desire that
the certificate should also show that the document was authentic, and
the place of its present custody. And that applies equally to all the
Chief prosecutors.

COLONEL POKROVSKY: Now, I understand that the Tribunal is confirming
its former practice, which means that we can present a photostat, but
that they must be certified and that the originals should be presented
whenever possible. Have I understood you correctly?

THE PRESIDENT: Yes, we desire originals, if possible. If it is
impossible or if it is highly inconvenient, then we will accept
photostats. And in the meantime, and for your convenience -- because
this practice has not been perhaps adequately stated before, we will
accept photostat copies without certificate, on your undertaking that
you will have the certificate later on.

Is that clear?

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