The Nizkor Project: Remembering the Holocaust (Shoah)
Nuremberg, war crimes, crimes against humanity

The Trial of German Major War Criminals

Sitting at Nuremberg, Germany
9th August to 21st August 1946

Two Hundred and Seventh Day: Tuesday, 20th August, 1946
(Part 6 of 9)

[Page 295]


By this by wish to establish that we are here purely concerned with a measure of the Security Police and not of the SD.

It then goes on to say:

"In order to ensure a more rapid execution, the Security Police will reinforce its Einsatzkommandos in the Government General."
I then pass on to Document SD-21. In this connection I beg to draw the Tribunal's attention to where it expressly says:

"If occasion arises the request by the Kommandantura to examine certain Arbeitskommandos through the Security Police is to be complied with," and I beg to draw the attention of the Tribunal to the file references IV, that is: measures of Amt IV. Amt IV was the Secret State Police, the Gestapo. Had it been the SD, then the file reference would have had to be III or VI. I now come to -

THE PRESIDENT: In the document you have just been dealing with you have got 2A III E at the top, and you have III B a little bit farther down.

DR. GAWLIK: Your Lordship, the one at the top is the general collection of decrees of which there are several volumes and which I got from the library here, and "A III" refers to this general collection of decrees. The fact that it was Amt IV can be seen from the file reference "IV A (1 c) 2468 A/B 42 G."

THE PRESIDENT: Just by 1st April, 1942, there is III B. What does that mean - OKW File No. 2F 2417B, prisoner-of-war organization 3 B?

DR. GAWLIK: I have not got that. Your Lordship, I have not got that here; I do not know -

THE PRESIDENT: Immediately under the words: "re: labour detachments for agricultural work."

DR. GAWLIK: May I ask your Lordship, did you refer to SD-21? That is a military file reference, your Lordship. It says OKW, High Command of the Armed Forces, file reference of the armed forces, chief of prisoner-of-war organization III B, and that III B has nothing to do with Department III.

THE PRESIDENT: All right, go on.

DR. GAWLIK: I now come to Document SD-22. Here we are concerned with an extract from the directives for the Kommandos of the Chief of the Security Police and of the SD to be assigned to the prisoner-of-war camps. The date is 17th July, 1947.

I beg to draw the Tribunal's attention to the fact that the leaders of the Einsatzkommandos are ordered to get in touch with the chief of the nearest State Police office or the Commander of the Security Police and the SD.

The commander can be compared on a small scale with the office of the Chief of the Security Police and the SD; he too had several sub-departments, III was SD, IV was State Police, V was Criminal Police; so that even the title of commander does not show which department issued it.

I should like to draw the attention of the Tribunal to the following sentence:

"As a matter of principle, such communications are to be passed to the RSHA IV A 1 by way of information."

[Page 296]

From that it becomes evident that the measures were only dealt with in Amt IV, that is the State Police, and that the Amt III had nothing to do with it.

The following documents, SD-23 to SD-28 inclusive, refer to the allegation on the part of the prosecution, according to which the SD had carried out the "Kugel" (bullet) decree (Trial Brief against the Gestapo and SD, statement of evidence VI c).

I shall first of all deal with Document SD 23. The document has already been presented by the prosecution under the number PS-1650. It concerns the teleprint letter from the Gestapo, the Aussendientstelle Aachen, to all main State Police offices. I quote in order to prove that here, too, we are merely concerned with measures of the Secret State Police, the Gestapo.

"In this connection, I order the following:

1. The main offices of the State Police are to take over the recaptured prisoner-of-war officers from the Stalag commandants and transfer them to the Mauthausen concentration camp according to the procedure customary up to now, unless circumstances make special transport necessary.

2. The OKW has been requested to instruct the prisoner-of- war camps that, for the purposes of camouflage, the recaptured persons should not be delivered directly to Mauthausen but to the competent local office of the State Police."

I come to Document SD-24.

THE PRESIDENT: Why do you leave out the fact that those documents were addressed to inspectors of the Sipo and the SD?

DR. GAWLIK: Your Lordship, the case of the inspectors is the same as that of the Chief of the Security Police and SD and the commanders. The inspector was over the Criminal Police, over the State Police, and over the SD, and, therefore, he was exercising all three functions.

THE PRESIDENT: According to this he was an inspector of the SD.

DR. GAWLIK: He was inspector of the SD; but it does not follow that because the inspector of the Sipo was the same person, that when carrying out that activity he was acting in the capacity of the inspector of the Sipo. We are here concerned with several offices under one person. But the contents show that prisoners of war were only to be taken over by the main offices of the State Police, and that the SD offices had nothing to do with it. It says expressly under No. 1:

"The main offices of the State Police are to take over ... "
The inspector of the Security Police and of the SD also had jurisdiction over these police offices. He had control of these measures of the State Police in his capacity as inspector of the Security Police. The fact that he also simultaneously was inspector of the SD does not mean that these things were to be carried out also by the SD offices.

THE PRESIDENT: Please continue, Dr. Gawlik.

DR. GAWLIK: I come to Document SD-24. It has already been presented under PS-1165 and in this connection I beg to draw the attention of the Tribunal, to the fact that this is signed by Muller, who, as is known to the Tribunal, was the chief of Department IV. This again shows that the Gestapo alone were competent.

Document SD-25 is a circular decree from the Chief of the Security Police and the SD, dated 20th October, 1942, which deals with the treatment of escaped Soviet prisoners of war, and again I beg to draw the attention of the Tribunal to the file reference, which is IV.

I will now quote: "I request that the main offices of the State Police instruct all the police offices of the area, even if it has already been done, according to Article 3 of the decree of the High Command of the Armed Forces of 5th May, 1942.

[Page 297]

May I inform your Lordship in this connection that if this had been one of the tasks of the SD offices, then the SD offices would also have had to be informed.

THE PRESIDENT: Dr. Gawlik, I do not think it is doing any good at all to argue upon each document. You must make your final speech at some time; and unless there is anything really very important in particular documents which you want to draw our attention to, so that we can really consider it before you make your final speech, you had much better leave the argument upon the documents until you get to your final speech. This is simply wasting our time without serving any useful purpose at all.

DR. GAWLIK: Your Lordship, I only did -

THE PRESIDENT: Well, up to the present you have commented upon each document as far as I can see, SD-22, SD-23, SD-24, SD-25, each one of them; and you are going through the book like that. Why do you not offer them all in evidence in bulk; and then if you want to draw our attention to any particular document for some particular purpose, as I said, because you think it is important and we should consider it before you come to make your final speech, do so. But do not spend time in just explaining what each document is. We have to hear all the other organizations before we come to hear your speech.

DR. GAWLIK: I only did it because I gathered from the question that there was some confusion with regard to the positions of the Chief of the Security Police and the SD, and that of the commanders and of the inspectors.

THE PRESIDENT: I only put a question to you because you were going through each document in turn and I could not understand what the documents were about.

DR. GAWLIK: Documents 27 and 28 also deal with the allegation on the part of the prosecution regarding the "Kugel" decree. May I perhaps quote from Document No. 28:

"In so far as escaped Soviet prisoners of war are brought back to the camp according to this order, they are in every case to be turned over to the nearest office of the Gestapo."
The following documents, SD--29 to SD-42, deal with the accusation raised against the SD by the prosecution, according to which the SD is to be held responsible for the setting up of concentration camps and determining their purpose, and for the transfer of political and racial undesirables to concentration and extermination camps for the purpose of forced labour and mass extermination (Page 43 of the British Trial Brief). These documents show that the SD did not in any way participate in these measures; and, if I may, I should like to read one sentence of Document SD-29:
"In the future, restrictions of personal liberty" - I leave out some lines- "may be ordered only by the Secret State Police office, and this applies to the entire State territory, by the administrative heads of provinces (Regierungsprasidenten), by the police commissioner in Berlin and by the State Police branch offices for the local sphere of their authority."
From Document SD-3I I quote:
"Protective custody can be ordered for any person as a coercive measure of the Secret State Police in order to combat any activities hostile to the State and the people. Only the Secret State Police is entitled to decree protective custody."
Document 37 deals with the allegation by the prosecution according to which the SD also administered concentration camps. I shall, therefore, quote one sentence from the document:
"The camp commandant is in charge of the administration of a concentration camp and of all economic industries of the SS within its sphere of organization."
The administration of camps is also shown in Document SD-38.

[Page 298]

THE PRESIDENT: I cannot see any point in drawing our attention to that document at the present time.

DR. GAWLIK: I do so because in the Trial Brief the accusation has been raised against the SD that it also administered concentration camps.

THE PRESIDENT: But this document does not show that they did not.

DR. GAWLIK: Document SD-37 is a decree from the Chief of the SS Economic Administration Main Office. That was a completely different office, which had nothing to do with the RSHA.

THE PRESIDENT: It seems to me to be quite vague as to who the camp commandants of concentration camps are. As I say, it does not seem to me to be a document which it is necessary to refer to at this stage.

DR. GAWLIK: I then refer to Document SD-39. There it says:

"The transfer of the Inspectorate of the Concentration Camps to the Economic Administration Main Office has been carried out with the full agreement of all the main offices concerned."
From this it becomes apparent that, first of all, concentration camps were under the jurisdiction of the Inspectorate of the Concentration Camps, and that this was then transferred to the SS Economic Administration Main Office. However, the SD belonged to the RSHA. The fact that concentration camps were under the jurisdiction of the Inspectorate of Concentration Camps also becomes apparent from the previous Document SD-38.

I beg to refer you to Document No. 40, in which it is explicitly stated -

THE PRESIDENT (interposing): You are not taking the slightest notice of what I said to you. You are going through every document, or practically every document. You began this by saying that 29 to 42 dealt with concentration camps. Then you went to 37; then you went to 38; then you went to 39. They really do not help the Tribunal at all: You have told us that 29 to 42 referred to transfer to concentration camps. Well, that is quite enough. Unless there is a document which is really important, which we should study before we hear you make your speech, the summary that 29 to 42 deal with transfer to concentration camps is quite enough.

DR. GAWLIK: I thought that I could assist the Tribunal by drawing their attention to the fact that concentration camps came under the SS Economic Administration Main Office and not the RSHA. Only for that reason did I discuss these further documents.

Documents SD-43 to 49 deal with the accusation that the SD had participated in the deportation of citizens of the occupied territories for the purpose of forced labour, and that it had the task of supervising this forced labour.

SD-43 shows the jurisdiction of the State Police.

I quote from these documents only the following. From Document SD-43, under figure "2".

"The tasks arising from the employment of Soviet Russians are to be comprised in a section attached to the State Police Main Office. This section will be in charge of a criminal police official, who in turn will be under the constant personal supervision of the Chief of the State Police Main Offices."
I now quote one sentence from Appendix I to Document SD-43:
"The recruitment of labour from the former Soviet Russian territory will be carried out by recruitment commissions from the Reich Ministry of Labour." And:

"The recruitment commissions of the Reich Labour Ministry will set up reception camps."

Document SD-50, deals with the Commando Order. I beg to draw the Tribunal's attention to the words "are to be handed over to the Security Police."

[Page 299]

Documents SD-51 to 53 deal with the allegation on the part of the prosecution that the SD had the task of protecting civilians if they had lynched airmen belonging to the United Nations.

Document SD-54 is already in evidence under USA 504 and PS- 668. It deals with the carrying out of the "Nacht and Nebel" (Night and Fog) decree.

Documents SD-55 to 57 deal with the assertion on the part of the prosecution that the SD, in summary proceedings, had arrested citizens of occupied territories and sentenced them before the Courts.

I beg to draw the attention of the Tribunal to Document SD- 55, which is also L-316, and from that I shall quote one sentence:

"These foreign nationals are in the future to be turned over to the police."
I quote one regulation, one sentence, from Document SD-56:
"Penal actions of Jews will be punished by the police."

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