Nuremberg Trial – The Eighteenth Day

Eighteenth Day:

Wednesday, 12th December, 1945

 

THE PRESIDENT: The Tribunal will adjourn this morning at 12.30 for a closed session and sit again at 2 o’clock.

MR. DODD: May it please the Tribunal, I should like to report to the Tribunal this morning with reference to the questions which arose yesterday afternoon concerning three documents.

After adjournment we found that Document 2220-PS was in the defendants’ Information Centre in photostatic form, and that the two other documents, being respectively two entries from the Frank diary, were also there but in a different form. The Frank diary consists of some 40 odd volumes which we, of course, were not able to photostat, so we had placed instead in the defendants’ room the excerpts. As a matter of fact, we had placed the entire document book there.

DR. ALFRED SEIDL (Counsel for defendant Frank): Yesterday the prosecution showed documents concerning the defendant Frank. The documents concerned were 2233-PS-A and 2233-PS-B, Exhibits USA 173 and 174. These are not ordinary documents, but excerpts from the diary of Frank. Six weeks ago I applied in writing to have this diary, which consists Of 42 heavy, thick volumes, submitted to me. I first made this request on 2nd September, the second time on 16th November, the third time on 18th November and the fourth time on 3rd December.

In spite of this I have not received this diary, and I should like to ask the Tribunal that this diary be submitted to me as soon as possible, if for no other reason, because evidence is involved which the defendant Frank before his arrest handed over to the officer who was to arrest him so that it could be used as evidence for his defence.

I am not in a position to work through all this material in a few days, and I should like to ask the Tribunal that this diary be put at my disposal without delay.

In this connection I should like to call the attention of the Tribunal to another point. The Tribunal has already granted that the four long speeches delivered by defendant Frank in Germany in 1942, which led to his dismissal from his offices by Hitler, should be put at my disposal. The General Secretary of the Tribunal gave me notice of this as early as the 4th December. Unfortunately I have not received copies of these speeches up to this day. I should be very grateful therefore if the Tribunal will make certain that decisions of the Tribunal are being carried out and that the documents be submitted to me.

THE PRESIDENT: The Tribunal will look into these matters with the General Secretary of the Tribunal, and doubtless it will be able to arrange that you should have these documents submitted to you in the defendants’ counsel Information Centre.

DR. SEIDL: Thank you.

THE PRESIDENT: Yes, Mr. Dodd.

MR. DODD: May I refer briefly to the discussion that we were engaged in yesterday in order to pick up the train of thought.

I wish to remind the Tribunal that we were discussing or had just completed a discussion of Document L-61, which had to do with a letter written by the defendant Sauckel to the residents of the “Landes” Employment Offices. I had read two excerpts from that letter.

Referring to the letter, we say that the Nazi campaign of force and terror and abduction was described in another letter to the defendant Frank, which we wish to refer to as Document 1526-PS.

THE PRESIDENT: Before you pass from that, Mr. Dodd, has either the original or the photostatic copy been shown to Sauckel’s counsel?

MR. DODD: Oh, yes, sir. A photostatic copy was in the defendants’ Information Centre, and after adjournment yesterday we got the original and handed it to him here in this room.

THE PRESIDENT: And he saw it?

MR. DODD: Yes, sir.

THE PRESIDENT: Very well.

MR. DODD: This Document, 1526-PS, Exhibit USA 178, is a letter written by the Chairman of the Ukrainian Main Committee, at Cracow, in February, 1943. I wish to read from the third page of the English text, beginning with the second paragraph. The same passage in the German text at Page 2, Paragraph 5. I quote:-

“The general nervousness is still more enhanced by the wrong methods of finding labour which have been used more and more frequently in recent months.

The wild and ruthless man-hunt as exercised everywhere in towns and country, in streets, squares, stations, even in churches, at night in houses, has badly shaken the feeling of security of the inhabitants. Everybody is exposed to the danger, to be seized anywhere and at any time by members of the police, suddenly and unexpectedly, and to be brought into an assembly camp. None of his relatives knows what has happened to him, and only months later one or the other gets news of his fate by a postcard.”

I wish to turn to enclosure 5 on Page 8 of this document, which I quote:-

“In November of last year an inspection of all males of the age groups 1910 to 1920 was ordered in the area of Zaleschozyki (district of Czortkow). After the men had appeared for inspection, all those who were chosen were arrested at once, loaded into trains and sent to the Reich. Such recruiting of labourers for the Reich also took place in other areas of this district. Following some interventions the action was then stopped.”

The resistance of the Polish people to this enslavement programme and the necessity for increased force were described by the defendant Sauckel’s deputy, one Timm, at a meeting of the Central Planning Board, which was, by the way, Hitler’s war-time planning agency. It was made up of the defendant Speer, Field Marshal Milch and State Secretary Korner. The Central Planning Board was the highest level economic planning agency, exercising production controls by allocating raw materials and labour to industrial users.

Now, Document R-124, Exhibit USA 179. This document consists of excerpts from minutes of the meetings of this Central Planning Board, and minutes of conferences between the defendant Speer and Hitler. Only the excerpts, of course, from these minutes upon which we rely are being offered in evidence. I would say to the Tribunal, however, that the balance of the minutes are available, or can or be made available if the Tribunal so desires.

This deputy of Sauckel, his name being Timm, made a statement at the 36th conference of the Central Planning Board, and it appears on Page 14, Paragraph 2, of the English text of Document R-124, and on Page 10, Paragraph 2, of the German text:-

“Especially in Poland the situation at the moment is extraordinarily serious. It is well known that violent battles occurred just because of these actions. The resistance against the administration established by us is very strong. Quite a number of our men have been exposed to increased dangers, and it was only in the last two or three weeks that some of them were shot dead, e.g., the head of the Labour Office of Warsaw who was shot in his office, and yesterday again, another man. This is how matters stand at present, and the recruiting itself, even if done with the best will, remains extremely difficult unless police reinforcements are at hand.”

Deportation and enslavement of civilians reached unprecedented levels in the so-called Eastern Occupied Territories. These wholesale deportations resulted directly from labour demands made by the defendant Sauckel on the defendant Rosenberg, who was the Reich Minister for the Eastern Occupied Territories, and his subordinates, and also on the Armed Forces – a demand made directly on the Armed Forces by the defendant Sauckel.

On the 5th October, 1942, for example, the defendant Sauckel wrote to the defendant Rosenberg, stating that two million foreign labourers were required, and that the majority of these would have to be drafted from the recently Occupied Eastern Territories and especially from the Ukraine.

I wish to refer at this point to Document 017-PS, which will be Exhibit USA 180. This letter from the defendant Sauckel to the defendant Rosenberg I wish to quote in full. It begins by saying:-

“The Fuehrer has worked out new and most urgent plans for the armament industry which require the quick mobilisation of two million more foreign labour forces. The Fuehrer therefore has granted me, for the execution of my decree Of 21st March, 1942, new powers for my new duties, and has especially authorised me to take whatever measures I think are necessary in the Reich, the Protectorate, the General Government, as well as in the occupied territories, in order to assure at all costs an orderly mobilisation of labour for the German armament industry. The additional labour forces required will have to be drafted for the majority from the recently Occupied Eastern Territories, especially from the Reichskommissariat Ukraine. Therefore, the Reichskommissariat Ukraine must furnish:-

225,000 labour forces by 31st December, 1942, and 225,000 more by 1st May, 1943.

I ask you to inform Reichskommissar, Gauleiter, Party Member Koch about the new situation and requirements and especially to see to it that he will support personally in any way possible the execution of this new requirement.

I have the intention to visit Party Member Koch shortly and I would be grateful to you if you could inform me as to where and when I could meet him for a personal discussion. But I ask that the procurement be taken up at once with every possible pressure and the commitment of all powers, especially those of the experts of the labour offices. All the directives which had limited temporarily the procurement of Eastern labourers are annulled. The Reich procurement for the next months must be given priority over all other measures.

I do not ignore the difficulties which exist for the execution of this new requirement, but I am convinced that with the ruthless commitment of all resources, and with the full co-operation of all those interested, the execution of the new demands can be accomplished by the fixed date. I have already communicated the new demands to the Reichskommissar Ukraine by mail. In reference to our long-distance phone call of today I will send you the text of the Fuehrer’s decree at the beginning of next week.”

I should like to remind the Tribunal that we referred previously, yesterday afternoon, to this Reichskommissar, Gauleiter, Party Member Koch, and we quoted him as stating, the Tribunal will recall: “We are the master race. We must be hard,” and so forth.

On the 17th March, 1943, the defendant Sauckel wrote again to the defendant Rosenberg, and on this occasion he demanded the importation of another 1,000,000 men and women from the Eastern territories within the following four months. I wish to refer at this point to Document 019-PS, which will be Exhibit USA 181. Quoting that letter in full:-

“After a protracted illness my Deputy for Labour Supply in the occupied Eastern territories, State Councillor Peuckert, is going there to regulate the supply both for Germany and the territories themselves.

I ask you sincerely, dear Party Member Rosenberg, to assist him to your utmost on account of the pressing urgency of his mission. I thank you for the hitherto good reception accorded to Peuckert. He himself has been charged by me with the absolute and completely unreserved co-operation with all bureaux of the Eastern territories. In particular the labour supply for German agriculture, and likewise for the most urgent armament production programmes ordered by the Fuehrer make the rapid importation of approximately one million men and women from the Eastern territories within the next four months imperative. Starting 15th March, the daily shipment must have reached 5,000 female and male workers respectively, while by the beginning of April this number has to be stepped up to 10,000. This is a requisite of the most urgent programmes, and the spring tillage and other agricultural tasks are not to suffer to the detriment of the nutrition and of the Armed Forces. I have foreseen the allotment of the draft quotas for the individual territories in agreement with your experts for the labour supply as follows:-

Daily quota starting 15th March, 1943 – .People

General Commissariat White Ruthenia – 500

Economic Inspection Centre – 500

Reichs Commissariat Ukraine – 3,000

Economic Inspection South – 1,000

Total – 5,000

Starting 1st April, 1943, the daily quota is to be doubled, corresponding to the doubling of the entire quota. I hope to visit personally the Eastern territories towards the end of the month, and ask you once more for your kind support.”

The defendant Sauckel did travel to the East. He travelled to Kauen in Lithuania to press his demands. We offer in evidence Document 204-PS, which will be Exhibit USA 182. This document is a synopsis of a report of the City Commissioner of Kauen and minutes of a meeting in which the defendant Sauckel participated. I read from the second page of the English text, beginning with the first paragraph. The same passage appears in the German text at Page 5, Paragraph 2. Quoting directly as follows:-

“In a lecture in which the Plenipotentiary for the Arbeitseinsatz, Gauleiter Sauckel, made on 18th July, 1943, in Kauen, and in an official conference following it, between Gauleiter Sauckel and the General Commissar, the pool of labour in the Reich was again brought up urgently; Gauleiter Sauckel again demanded that Lithuanian labour be furnished in greater volume for the purpose of the Reich.”

THE PRESIDENT: Who was the General Commissar, Rosenberg?

MR. DODD: The Plenipotentiary for the Arbeitseinsatz?

THE PRESIDENT: No, the General Commissar.

MR. DODD: His name is not known to us. He was apparently a local functionary in the Party.

THE PRESIDENT: Very well.

MR. DODD: The defendant Sauckel also visited Riga, in Latvia, to assert his demands, and the purpose of this visit is described in Document 2280-PS, which will be Exhibit USA 183. This document is a letter from the Reich Commissar for the Ostland to the Commissioner General in Riga and it is dated 3rd May, 1943. I wish to read from Page 1 of the English text, beginning with the first paragraph:-

“Following the basic statements of the Plenipotentiary General for manpower, Gauleiter Sauckel, on the occasion of his visit to Riga, on 21st April, 1943, it was decided in view of the critical situation and in disregard of all adverse considerations, that a total of 183,000 workers have to be supplied from the Eastern territories to the Reich territory. This task must definitely be accomplished within the next four months and at the latest must be completed by the end of August.”

Here again we are not informed as to the name and identity of the Reich Commissar for the Ostland.

Sauckel asked the German Army for assistance in the recruitment and deportation of civilian labour from the Eastern territories. We refer now to Document 3010-PS, which will be Exhibit USA 184.

THE PRESIDENT: Mr. Dodd, were you saying that it was not known from whom that document emanated?

MR. DODD: No, sir. We say it is a letter from the Reichskommissar for the Ostland to the Commissioner General in Riga, but we do not know their names specifically at the time of the writing of the letter.

THE PRESIDENT: You do not know who the Reichskommissar of the Eastern territories was?

MR. DODD: We only know him by that title, “The Reichskommissar for the Ostland.”

THE PRESIDENT: Very well.

MR. DODD: Lohse, I am now informed, was his name. I understood that we did not know it.

THE PRESIDENT: All right. MR. DODD: Referring to this Document 3010-PS, it is a secret organisation order of the Army Group South, dated 17th August, 1943. I wish to read from the first page of the English text, the first two paragraphs, as follows:-

“The Plenipotentiary General for Labour Employment ordered the recruitment and employment of all born during the two years 1926 and 1927 for the whole of the newly occupied Eastern territory in Decree AZ. VI A 5780.28 (Enclosure I), copy of which is enclosed.

The Reich Minister for Armament and Munitions approved this order.

According to this order by the Plenipotentiary General for Labour Employment (B.G.A.) you have to recruit and to transport to the Reich immediately all labour force in your territory born during 1926 and 1927. The decree relative to labour duty and labour employment in the theatre of operations of the newly occupied Eastern territory of 6th February, 1943, and the executive orders therefore are the authority for the execution of this measure. Enlistment must be completed by 30th September, 1943, at the latest.”

We say it is clear that the demands made by the defendant Sauckel resulted in the deportation of civilians from the occupied Eastern territories. The defendant Speer has recorded conferences with Hitler on 10th, 11th and 12th August, 1942, and this record is contained in Document R- 124, which is already in as Exhibit USA 179. I now wish to quote from Page 34, of that same document in Paragraph 1 of the English text. In the German text it appears at Page 23, Paragraph 2. Quoting directly:-

“Gauleiter Sauckel promises to make Russian labour available for the fulfilment of the iron and coal programme and reports that – if required – he can supply a further million Russian labourers for the German armament industry up to and including October, 1942. He has already supplied 1,000,000 for the industry and 700,000 for agriculture. In this connection the Fuehrer states that the problem of providing labour can be solved in all cases and to any extent; he authorises Gauleiter Sauckel to take all measures required. He would agree to any necessary compulsion in the East as well as in the West if this question could not be solved on a voluntary basis.”

In order to meet these demands of 1,700,000, 100,000 here and there, the Nazi conspirators made terror, violence and arson, as we said yesterday, fundamental instruments of their labour enslavement policy. Twenty days after the defendant Sauckel’s demands Of 5th October, 1942, a top official in the defendant Rosenberg’s Ministry described the measures taken to meet these demands. I wish to refer now to Document 294-PS, which is Exhibit USA 185. This document is a top secret memorandum dated 25th October, 1942, signed by one Braeutigam. I wish to quote from Page 4 Of the English text starting with the last paragraph, as follows. In the German text it appears at Page 8, Paragraph 2. Quoting directly:-

“We now experienced the grotesque picture of having to recruit millions of labourers from the Occupied Eastern Territories, after prisoners of war have died of hunger like flies, in order to fill the gaps that have formed within Germany. Now the food question no longer existed, In the prevailing limitless abuse of the Slavic humanity, ‘recruiting’ methods were used which probably have their origin in the blackest periods of the slave trade. A regular man-hunt was inaugurated. Without consideration of health or age the people were shipped to Germany where it turned out immediately that more than 100,000 had to be sent back because of serious illnesses and other incapabilities for work.”

The defendant Rosenberg wrote concerning these brutalities to the instigator of them, the defendant Sauckel, and we refer now to Document 018-PS, which is Exhibit USA 186.

THE PRESIDENT: Mr. Dodd, from where did that top secret document come?

MR. DODD: It came from the files of the defendant Rosenberg.

This Document, 018-PS, is a letter from the defendant Rosenberg to the defendant Sauckel, and it is dated the 21st December, 1942, with attachments. I wish to quote from Page 1 of the English text starting at the middle of the second paragraph which reads as follows:-

“The report I have received shows that the increase of the guerrilla bands in the occupied Eastern Regions is largely due to the fact that the methods used for procuring labourers in these regions are felt to be forced measures of mass deportations, so that the endangered persons prefer to escape their fate by withdrawing into the woods or going to the guerrilla bands.”

Passing now to Page 4 of the same English text, there is an attachment to Rosenberg’s letter consisting of parts excerpted from letters of residents of the occupied Eastern territories, excerpted by Nazi censors apparently. In the German text it appears at Page 6, Paragraphs 1 and 2. Starting the quotation:-

“At our place, new things have happened. People are being taken to Germany. On 5th December, some people from the Kowkuski district were scheduled to go, but they did not want to and the village was set afire. They threatened to do the same thing in Borowytschi, as not all who were scheduled to depart wanted to go. Thereupon three truck loads of Germans arrived and set fire to their houses. In Wrasnytschi, twelve houses and in Borowytschi, three houses were burned.

On 1st October a new conscription of labour forces took place. I will describe the most important events to you. You cannot imagine the bestiality. You probably remember what we were told about the Soviets during their rule of the Poles. We did not believe it then, and now it seems just as incredible. The order came to supply 25 workers, but no one reported. All had fled. Then the German militia came and began to ignite the houses of those who had fled. The fire became very violent, since it had not rained for two months. In addition the grain stacks were in the farm yards. You can imagine what took place. The people who had hurried to the scene were forbidden to extinguish the flames and were beaten and arrested, so that seven homesteads burned down. The policemen meanwhile ignited other houses. The people fell on their knees and kissed the policemen’s hands, but they beat them with rubber truncheons and threatened to burn down the whole village. I do not know how this would have ended if Sapurkany had not intervened. He promised that there would be labourers by morning. During the fire the militia went through the adjoining villages, seized the labourers, and put them under arrest. Wherever they did not find any labourers, they detained the parents, until the children appeared. That is how they raged throughout the night in Bieloserka. The workers who had not yet appeared by then were to be shot. All schools were closed and the married teachers were sent to work here, while the unmarried ones go to work in Germany. They are now catching humans like the dog-catchers used to catch dogs. They have already been hunting for one week and have not yet got enough. The imprisoned workers are locked in the schoolhouse. They cannot even go to perform their natural functions, but have to do it like pigs in the same room. People from many villages went on a certain day to a pilgrimage to the Monastery Potschaew. They were all arrested, locked in, and will be sent to work. Among them there are lame, blind and aged people.”

Despite the fact that the defendant Rosenberg wrote this letter with this attachment, we say he nevertheless countenanced the use of force in order to furnish slave labour to Germany and admitted his responsibility for the “unusual and hard measures” that were employed. I refer to excerpts from the transcript of an interrogation under oath of the defendant Rosenberg on 6th October, 1945, which is Exhibit USA 187, and I wish to quote from Page 1 of the English text starting with the ninth paragraph.

THE PRESIDENT: You have not given us the PS number.

MR. DODD: It has no PS number.

THE PRESIDENT: I beg your pardon. Has a copy of it been given to Rosenberg’s counsel?

MR. DODD: Yes, it has been. It is at the end of the document book, if your Honour pleases, the document book the Tribunal has.

THE PRESIDENT: I see.

DR. ALFRED THOMA (Counsel for defendant Rosenberg): In the name of my client, I object to the reading of this document for the following reasons. My client has been asked in the preliminary hearings several times about these questions concerning employment of labour. He declared that the defendant Sauckel, by virtue of plenary authority received from the Fuehrer and by order of the Plenipotentiary for the Four Year Plan, had the right to give him orders and that he (the defendant Rosenberg), despite this, demanded a recruitment of labour on a voluntary basis; that this was carried through, and that Sauckel agreed, providing the quota and the time limit could be met. Rosenberg further stated that his Ministry demanded in joint meetings that the quota be reduced and had in part been granted such a reduction.

This document which is going to be presented does not say anything about all these statements. The document which is to be presented contains only fragments of this declaration.

In order to give the Court a complete picture and in order to give the defence the possibility of a complete survey, I ask the Court to request the prosecution to present the record of the entire declaration and then, before this document is presented officially, to discuss the translation with the defence in order to prevent misunderstandings.

THE PRESIDENT: I am not sure that I understand your objection. You say, as I understood it, that Sauckel had authority from Hitler; is that right?

DR. THOMA: Yes.

THE PRESIDENT: And that Rosenberg was carrying out that authority.

DR. THOMA: Yes.

THE PRESIDENT: But all that counsel for the prosecution is attempting to do at the moment is to put in evidence an interrogation of Rosenberg. With reference to that, you ask that he should put in the whole interrogation?

DR. THOMA: Yes.

THE PRESIDENT: Well, we do not know yet whether he intends to put in the whole interrogation or a part of it.

DR. THOMA: I know only one thing. I have the document which the prosecution wishes to submit already in my hands, and I can see that it contains only fragments of the whole interrogation. What it particularly does not contain is the fact that Rosenberg always insisted that only voluntary recruitment be taken into consideration and that Rosenberg desired a reduction of the quotas, This is not contained in the document that is to be submitted.

THE PRESIDENT: If counsel for the prosecution reads a part of the interrogation, and you wish to refer to another part of the interrogation, in order that the part he has read should not be misleading, you will be at liberty to do so, when he has read his part of the interrogation; is that clear?

DR. THOMA: Yes. Then I will request the Tribunal to ask counsel for the prosecution if the document, which he intends to submit, contains the whole of Rosenberg’s declaration.

THE PRESIDENT: Mr. Dodd, were you going to put in the whole of Rosenberg’s interrogation?

MR. DODD: No, your Honour, I was not prepared to put in the whole of Rosenberg’s interrogation, but only certain parts of it. These parts are available, and have been for some time, to counsel. The whole of the Rosenberg interrogation, in English, was given to Sauckel’s counsel, however, and he has the entire text of it, the only available copy that we have.

THE PRESIDENT: Has counsel for Rosenberg not got the entire document?

MR. DODD: He has only the excerpt that we propose to read into the record here at this time.

DR. THOMA: May I please speak?

THE PRESIDENT: Mr. Dodd, the Tribunal considers that if you propose to put in a part of the interrogation, the whole interrogation ought to be submitted to the defendant’s counsel, that then you may read what part you like of the interrogation, and then defendant’s counsel may refer to any other part of the interrogation directly, if it is necessary for the purpose of explaining the part which has been read by counsel for the prosecution. So before you use this interrogation, Rosenberg’s counsel must have a copy of the whole interrogation.

MR. DODD: I might say, your Honour, that we turned over the whole interrogation to counsel for the defendant Sauckel, and we understood that he would make it available to all other defence counsel. Apparently, that did not happen.

DR. THOMA: Thank you, my Lord.

DR. SERVATIUS (Counsel for defendant Sauckel): Last night I received from the prosecution these documents in English. That, of course, is sufficient for me, but counsel for the other defendants are not all in a position to follow the English text, so that certain difficulties have arisen, and I must have sufficient time to interpret these matters for my colleagues. Or perhaps the prosecution could give us the German text – for the interrogation took place in German and was translated into English – so that the original German text should be on hand.

Those are the difficulties, and I would like to have the German translation as soon as possible.

MR. DODD: With reference to the so-called German text, the original is an English text. These interrogations were made through an interpreter and they were transcribed in English, so that the original text is an English text, and that is what was turned over to the attorney for the defendant Sauckel with the understanding that it would be made available to all other counsel.

THE PRESIDENT: But of course that does not quite meet their difficulties because they do not all of them speak English, or are not all able to read English, so I am afraid you must wait until Rosenberg’s counsel has got a copy of the entire interrogation in his own language.

MR. DODD: Very well.

Passing on beyond the document which we have just referred to, and which we now withdraw in view of the ruling, but which we will offer at a later date after we have complied with the ruling of the Court, we have a letter dated 21st December, 1942, which is Document 018-PS, and which will be Exhibit USA 186 – which, by the way, is a letter from the defendant Rosenberg to the defendant Sauckel – and I wish to quote from Page 1, Paragraph 3 of the English text. In the German text it appears at Page 4, Paragraph 1. Quoting directly:-

“Even if I do not close my eyes to the necessity that the numbers demanded by the Reich Minister for Armament and Munitions, as well as by the agricultural economy, justify unusual and hard measures, I have to ask, due to the responsibility for the occupied Eastern territories which lies upon me, that in the accomplishment of the ordered tasks such measures be excluded, the toleration and prosecution of which will some day be held against me, and my collaborators.”

In the Ukraine area, arson was indeed used as a terror instrument to enforce these conscription measures, and we refer now to Document 254-PS, which is Exhibit USA 188. This document is from an official of the Rosenberg Ministry and was also found in the Rosenberg file. It is dated 29th June, 1943, and encloses a copy of a letter from one Paul Kaab, a district commissioner in the territory of Wassilkow, to the defendant Rosenberg. I wish to quote from Kaab’s letter, Page 1, starting with Paragraph 1 of the English text which reads as follows:-

“According to a charge by the Supreme Command of the Armed Forces – ”

THE PRESIDENT: Mr. Dodd, I thought you said the date of it was 29th June, 1943.

MR. DODD: Yes, I did, your Honour. That was the date on the document.

THE PRESIDENT: The mimeographed copy of the document I have appears to have as date of the original document the 29th June, 1945, and the date below is 7th June, 1944.

MR. DODD: We will get the original document.

I am sorry, your Honour. There are two errors here. The document is dated the 29th June, 1944.

THE PRESIDENT: I see. And the enclosure is 7th June, 1944?

MR. DODD: Yes.

“Answering to a charge by the Supreme Command of the Armed Forces that I burned down a few houses in the territory of Wassilkow, Ukraine, belonging to insubordinate people ordered for work-duty, this accusation is true.”

Passing now to the third paragraph:-

“During the year of 1942, the conscription of workers was accomplished by way of propaganda. Only very rarely was force necessary. Only in August, 1942, did measures have to be taken against two families in the villages Glewenka and Salisny/Chutter, each of which were to supply one person for labour. Both were requested in June for the first time, but did not obey, although requested repeatedly. They had to be brought up by force, but succeeded twice in escaping from the collecting camp, or when on transport. Before the second arrest, the fathers of both of the men were taken into custody, to be kept as hostages and to be released only when their sons should show up. When, after the second escape, rearrest of both the fathers and boys was ordered, the police patrols ordered to do so, found the houses to be empty.”

Passing to Paragraph 4, it is stated, and I quote directly:-

“That time I decided to take measures – ”

THE PRESIDENT: Should not you read on at the top of that Page 2? You had read, had not you, “I ordered the burning down of the houses of the fugitives”?

MR. DODD: Yes, I have.

THE PRESIDENT: I thought you ought to go on after that “The result was …” Do you see?

MR. DODD: “The result was that in the future the people obeyed willingly.”

THE PRESIDENT: Wait a minute. My colleague doubts whether you have read the passage at the bottom of Page 1. I thought you had read it, beginning, “That time I decided to take measures – ”

MR. DODD: No, I was just beginning to read it.

THE PRESIDENT: I beg your pardon.

MR. DODD: That is the fourth paragraph:

“That time I decided to take measures to show the increasingly rebellious Ukrainian youth that our orders had to be followed. I ordered the burning down of the houses of the fugitives.”

Would your Honour like to have the rest of that paragraph?

THE PRESIDENT: I think you should read the next few lines.

MR. DODD:

“The result was that in the future people willingly obeyed orders concerning labour obligations. However, the measure of burning houses has not become known for the first time by my actions, but was suggested in a secret letter from the commissioner for the commitment of labour as a forced measure in case other measures should fail. This harsh punishment was accepted by the population with satisfaction.”

THE TRIBUNAL (Mr. Biddle): The Commissioner for Labour, Mr. Dodd – you just said, “an order from the Commissioner of Labour.” Who was that?

MR. DODD: Well, we have discussed this matter previous to our appearance here today. The document does not identify him by name. We are not sure. The defendant Sauckel was called Plenipotentiary General for Labour, and we think we cannot go much further, and must say we do not know. It just does not appear.

THE TRIBUNAL (Mr. Biddle): Thank you.

MR. DODD: Reading that last sentence,

“This harsh punishment was accepted by the population with satisfaction previous to the measures, because both families ridiculed all the other duty-anxious families which sent their children partly voluntarily to the labour commitment.”

Turning to Paragraph 2 on Page 2, beginning about two-thirds of the way through the paragraph, I wish to read as follows. In the German text it appears at Page 3, Paragraph 1:-

“After the initial successes, a passive resistance of the population started, which finally forced me to start again making arrests, confiscations, and transfers to labour camps. After a while a transport of people, obliged to work, overran the police in the railroad station in Wassilkow and escaped. I saw again the necessity for strict measures.

A few ring-leaders of course escaped before they were found in Plisseskoje and in Mitmitza. After repeated attempts to get hold of them, their houses were burned down.”

Finally, I wish to pass to the last paragraph on Page 3 of that same document. In the German text it appears at Page 5, Paragraph 7. Quoting from that last paragraph on the third page:-

“My actions against fugitive people obliged to work were always reported to District Commissioner Dohrer, in office in Wassilkow; and to the general-commissioner (Generalkommissar) in Kiev. Both of them knew the circumstances and agreed with my measures because of their success.”

That is the end of that part of the quotation.

That Generalkommissar in Kiev, as we indicated yesterday and again this morning, was the man Koch, concerning whom we quoted his statement about the master race.

Another document confirms the arson as an instrument of enforcing this labour programme in the village of Bieloserka in the Ukraine in cases of resistance to forced labour recruitment. Atrocities committed in this village are related in Document 118-PS, which is already in evidence as Exhibit USA 186. But in addition there is Document 290-PS which is Exhibit USA 189. This document consists of correspondence originating within the Rosenberg Ministry, which was, of course, the office headquarters of the defendant Rosenberg, and it is dated 12th November, 1943. I wish to quote from Page 1 of the English text, starting with the last line, as follows:-

“But even if Muller had been present at the burning of houses in connection with the national conscription in Bieloserka, this should by no means lead to his relief from office. It is mentioned specifically in a directive of the Commissioner General in Luck of 21st September, 1942, referring to the extreme urgency of the national conscription.

Estates of those who refuse to work are to be burned, and their relatives are to be arrested as hostages and to be brought to forced labour camps.”

The S.S. troops were directed to participate in the abduction of these forced labourers and also in the raids on villages, burning of villages, and were directed to turn the entire population over for slave labour in Germany.

We refer to Document 3012-PS, which is Exhibit USA 19o. This document is a secret S.S. order and it is dated the 19th March, 1943. I wish to quote from Page 3 of the English text starting with the third paragraph. In the German text it appears at Page 2, Paragraph 3. It says and I quote it:-

“The activity of the labour offices, that is, of recruiting commissions, is to be supported to the greatest extent possible. It will not be possible always to refrain from using force. During a conference with the Chief of the Labour Commitment Staffs, an agreement was reached stating that whatever prisoners can be released, should be put at the disposal of the Commissioner of the Labour Office. When searching villages, when it has become necessary to burn down these villages, the whole population will be put at the disposal of the Commissioner by force.”

THE PRESIDENT: Should not you read No. 4 which follows it?

MR. DODD: No. 4 says:

“As a rule, no more children will be shot.”

I might say to your Honour that parts of these documents are going to be relied on for other purposes later and it sometimes may appear to the Tribunal that we are overlooking some of these excerpts, but nevertheless I am grateful to have them called to our attention because they are most pertinent to these allegations as well.

From the community of Zhitomir, where the defendant Sauckel appealed for more workers for the Reich, the Commissioner General reported on the brutality of the conspirators’ programme, which he described as a programme of coercion and slavery. And I now refer to Document 266-PS, which is Exhibit USA 191. This document is a secret report of a conference between the Commissioner General of Zhitomir and the defendant Rosenberg in the community of Winniza on 17th June, 1943. The report itself is dated 30th June, 1943, and is signed by Leyser. I wish to quote from Page 1 of the English text, beginning with the last paragraph, and in the German text it appears at Page 2, Paragraph 3. Quoting it directly:-

“The symptoms created by the recruiting of workers are, no doubt, well known to the Reich Minister through reports and his own observations. Therefore I shall not report them. It is certain that a recruitment of labour, in this sense of the word, can hardly be spoken of. In most cases it is nowadays a matter of actual conscription by force.”

Passing now to Page 2 of that same document, and to Paragraph 1, Line 11 in the German text it appears at Page 3, Paragraph 2 – it says, and I quote it directly:-

“But as the Chief Plenipotentiary for the mobilisation of labour explained to us the gravity of the situation we had no other device. I consequently have authorised the commissioners of the areas to apply the severest measures in order to achieve the imposed quota. The deterioration of morale, in conjunction with this, does not need any further proof. It is nevertheless essential to win the war on this front too. The problem of labour mobilisation cannot be handled with gloves.”

The recruitment measures which we have been discussing enslaved so many citizens of occupied countries that whole areas were depopulated.

I now wish to refer to our Document 3000-PS, which is Exhibit USA 192. This document is a partial translation of a report from the Chief of Main Office III with the High Command in Minsk, and it is dated 28th June, 1943. It was sent to Ministerialdirektor Riecke, who was a top official in the Rosenberg Ministry. I wish to read from Page 1 of the English text, starting with the second paragraph, as follows:-

“The recruitment of labour for the Reich, however necessary, had disastrous effects. The recruitment measures in the last months and weeks were absolute man- hunts, which have an irreparable political and economic effect. From White Ruthenia approximately 50,000 people have been obtained for the Reich so far. Another 130,000 are to be obtained. Considering the 2.4 million total population, these figures are impossible.

Due to the sweeping drives of the S.S. and police in November, 1942, about 115,000 hectares of farmland is not used, as the population is not there and the villages have been razed.”

We have already referred to the conspirators’ objective of permanently weakening the enemy through the enslavement of labour and the breaking up of families, and we invite the Tribunal’s attention to Document 031-PS, which is in evidence as Exhibit USA 171, for we desire to emphasise that the policy was applied in the Eastern Occupied Territories, with the defendant Rosenberg’s approval, of a plan for the apprehension and deportation of 40,000 to 50,000 youths of the ages of 10 to 14. Now, the stated purpose of this plan was to prevent a reinforcement of the enemy’s military strength and to reduce the enemy’s biological potentialities. We have already quoted from Page 3 of the English text of that document to establish that the defendant Rosenberg approved that plan, the so-called high action plan. We referred to it yesterday afternoon.

Further evidence of the conspirators’ plan to weaken their enemies, in utter disregard of the rules of International Law, is contained in Document 1702-PS, which is Exhibit USA 193. This document is a secret order, issued by a Rear Area Military Commandant to the District Commissar at Kasatin, dated 25th December, 1943. I quote from Page 3 of the English text at Paragraph 1. In the German text it appears at Page 12, Paragraph 1.

“1. The able-bodied male population between 15 and 65 years of age and the cattle are to be shipped back from the district East of the line Belilowka-Berditschen- Zhitomir.”

This programme, which we have been describing, and the brutal measures that it employed, were not limited to Poland and the Occupied Eastern Territories but covered and cursed Western Europe as well. Frenchmen, Dutchmen, Belgians, Italians, all came to know the yoke of slavery and the brutality of their slave-masters.

In France these slave-masters intensified their programme in the early part of 1943, pursuant to instructions which the defendant Speer telephoned to the defendant Sauckel at 8 o’clock in the evening on the 4th January, 1943, from Hitler’s headquarters. I now refer to Document 556-PS 13, which is Exhibit USA 194. This document, incidentally, is a note from his own files, signed by the defendant Sauckel, dated 5th January, 1943. I wish to quote from Page 1 of the English text, Paragraph 1 as follows:-

“1. On 4th January, 1943, at 8 p.m. Minister Speer telephones from the Fuehrer’s headquarters and communicates that on the basis of the Fuehrer’s decision, it is no longer necessary to give special consideration to Frenchmen in the further recruiting of specialists and helpers in France. The recruiting can proceed with emphasis and sharpened measures.”

To overcome resistance to his slave labour programme, the defendant Sauckel improvised new impressment measures which were applied to both France and Italy by his own agents and which he himself labelled as grotesque. I now refer to Document R-124, which is Exhibit USA 179, and particularly Page 2 and Paragraph 2 of the English text; in the German text it appears at Page 2, Paragraph 1. Quoting directly from that page and that paragraph a statement made by Sauckel on 1st March, 1944, at a meeting of the Central Planning Board:-

“The most abominable point made by my adversaries is their claim that no executive had been provided within these areas in order to recruit in a sensible manner the Frenchmen, Belgians, and Italians and to dispatch them to work. Thereupon, I even proceeded to employ and train a whole batch of French male and female agents who for good pay, just as was done in olden times for “shanghai- ing”, went hunting for men and made them drunk by using liquor as well as words, in order to dispatch them to Germany.

Moreover, I charged some able men with founding a special labour supply executive of our own, and this they did by training, and arming, with the help of the higher S.S. and Police Fuehrer a number of natives, but I still have to ask the Munitions Ministry for arms for the use of these men, for during the last year alone several dozens of very able labour executive officers have been shot dead. All these means I have to apply, grotesque as it sounds, to refute the allegation there was no executive to bring labour to Germany from these countries.”

This same slave labour hunt proceeded in Holland as it did in France, with terror and abduction. I now refer to Document 1726-PS, which is Exhibit USA 195. This document is entitled “Statement of the Netherlands Government in view of the Prosecution and Punishment of the German Major War Criminals.” I wish to quote from enclosure “h”, entitled “Central Bureau for Statistics – The Deportation of Netherlands Workmen to Germany.” It is Page 1 of the English text, starting with the first paragraph, and in the German text it appears at Page 1, also Paragraph 1. Quoting directly, it reads as follows:-

“Many large or reasonably large business concerns, especially in the metal industry, were visited by German commissions who appointed workmen for deportation. This combing out of the concerns was called the “Sauckel- action”, so named after its leader, who was charged with the appointment of foreign workmen in Germany.

The employers had to cancel the contract with the appointed workmen temporarily, and the latter were forced to register at the labour offices, which then took care of the deportation under supervision of German “Fachberater’.

Workmen who refused – relatively few – were prosecuted by the ‘Sicherheitsdienst’ (S.D.). If captured by this service, they were mostly lodged for some time in one of the infamous prisoners’ camps in the Netherlands and eventually put to work in Germany.

In this prosecution the Sicherheitsdienst (S.D.) was supported by the German Police Service, which was connected with the labour offices, and was composed of members of the N.S.D.A.P. and the like.

At the end of April, 1942, the deportation of working labourers started on a grand scale. Consequently, in the months of May and June, the number of deportees amounted to not less than 22,000 and 24,000 respectively of which number many were metal workers.

After that the action slackened somewhat, but in October, 1942, another top figure was reached (26,000). After the big concerns, the smaller ones had, in their turn, to give up their personnel.

This changed in November, 1944. The Germans then started a ruthless campaign for manpower, by-passing the labour offices. Without warning, they lined off whole quarters of the towns, seized people in the streets or in the houses and deported them.

Rotterdam and Schiedam, where these raids took place on 10th and 11th November, the number of people thus deported was estimated at 50,000 and 5,000 respectively.

In other places where the raids were held later, the numbers were much lower, because one was forewarned by what had happened. The exact figures are not known, as they have never been published by the occupants.

The people thus seized were put to work partly in the Netherlands, partly in Germany …”

A document found in the O.K.H. files furnishes evidence of the seizure of workers in Holland and I refer to Document 3003-PS, which is Exhibit USA 196. This document is a partial translation of the text of a lecture delivered by one Lieutenant Haupt, of the German Wehrmacht, concerning the situation of the war economy in the Netherlands. I wish to quote from Page 1 of the English text, starting with the fourth line of Paragraph 1, quoting that directly, which reads as follows:-

“There had been some difficulties with the Arbeitseinsatz, that is, during the man-catching action, which became very noticeable because it was unorganised and unprepared. People were arrested in the streets and taken out of their homes. It had been impossible to carry out a unified release procedure in advance, because for security reasons, the time for the action had not been previously announced. Certificates of release, furthermore, were to some extent not recognised by the officials who carried out the action. Not only workers who had become available through the stoppage of industry but also those who were employed in our installations producing things for our immediate need, were apprehended or did not dare to go into the streets. In any case it proved to be a great loss to us …”

I might say to the Tribunal, that the hordes of people displaced in Germany today indicate, to a very considerable extent, the length to which the conspirators’ labour programme proceeded. The best available Allied and German data reveal that by January, 1945, approximately 4,795,000 foreign civilian workers had been put to work for the German war effort in the Old Reich, and among them were forced labourers of more than 14 different nationalities. I now refer to Document 2520-PS, Exhibit USA 197, which is an affidavit executed by Edward L. Duess, an economic analyst.

At the top of the first page there are tables setting forth the nationality and then the numbers of the various nations, and other groupings of prisoners of war and politicals, so- called. The workers alone total, according to Mr. Duess, who is an expert in this field, the 4,795,000 figure to which I have just referred. In the second paragraph of this statement of Duess, I should like to read for the record and quote directly:-

“I, Edward, L. Duess, for three years employed by the Foreign Economic Administration, Washington, as an economic analyst in London, Paris and Germany, specialising in labour and population problems of Germany during the war, do hereby certify that the figures of foreign labour employed in the Old Reich have been compiled on the basis of the best available material from German and Allied sources. The accompanying table represents a combination of German official estimates of foreigners working in Germany in January, 1945, and of American, British and French figures of the number of foreigners, actually discovered in the Old Reich since 10th May, 1945.”

Only a very small proportion of these imported labourers came to Germany on a voluntary basis. At the 1st March, 1944, meeting of this same Central Planning Board, to which we have made reference before, the defendant Sauckel made clear himself the vast scale on which free men had been forced into this labour slavery. He made the statement, and I quote from Document R-124, which is in evidence as Exhibit USA 179, and from which I have quoted earlier this morning. I wish to refer to Page 11 of that document, the middle paragraph, Paragraph 3. In the German text it appears at Page 4, Paragraph 2 (the defendant Sauckel speaking), and I quote directly from that document:-

“Out of five million foreign workers who arrived in Germany, not even two hundred thousand came voluntarily.”

The Nazi conspirators were not satisfied just to tear five million odd persons from their children, from their homes, from their native lands, but in addition, these defendants, who sit today in this Court room, insisted that this vast number of wretched human beings, who were in the so-called Old Reich as forced labourers, must be starved, given less than sufficient to eat, often beaten and mistreated, and permitted to die wholesale for want of food, for want of even the fundamental requirements of decent clothing, for the want of adequate shelter or indeed sometimes just because they produced too little.

Now, these conditions of deportation are vividly described in Document 054-PS, which is a report made to the defendant Rosenberg, concerning the treatment of Ukrainian labour. I wish to refer to Document 054-PS, which is Exhibit USA 198. Before quoting from it directly, according to this report the plight of these hapless victims was aggravated because many were dragged off without opportunity to collect their possessions. Indeed, men and women were snatched from bed and lodged in cellars, pending deportation. Some arrived in night clothing. Brutal guards beat them. They were locked in railroad cars for long periods without any toilet facilities at all, without food, without water, without heat. The women were subjected to physical and moral indignities and indecencies during medical examinations.

I refer now specifically to this Document 054-PS, which consists of a covering letter to the defendant Rosenberg, first of all, and is signed by one Theurer – a Lieutenant in the Wehrmacht-to which is attached a copy of a report by the Commandant of the Collecting Centre for Ukrainian Specialists at Charkow, and it also consists of a letter written by one of the specialists, in the Rosenberg office – no, by one of the workers, not in the Rosenberg office, but one of the specialists they were recruiting, by the name of Grigori. I wish to quote from the report at Page 2, starting at Paragraph 4 of the English text, and in the German text it appears at Page 3, Paragraph 4. Quoting directly from that page of the English text:-

“The starosts, that is the village elders, are frequently corruptible, they continue to have the skilled workers, whom they drafted, dragged from their beds at night to be locked up in cellars until they are shipped. Since the male and female workers often are not given any time to pick up their luggage, and so forth, many arrive at the Collecting Centre for Skilled Workers with entirely insufficient equipment (without shoes, only two dresses, no eating and drinking utensils, no blankets, etc.). In particularly extreme cases, new arrivals therefore have to be sent back again immediately to get the things most necessary for them. If people do not come along at once, threatening and beating of skilled workers by the above-mentioned militia is a daily occurrence and is reported from most of the communities. In some cases women were beaten until they could no longer march. One bad case in particular was reported by me to the commander of the civil police here (Colonel Samek) for severe punishment (place Sozokinkow, district Dergatschni). The encroachments of the starosts; and the militia are of a particularly grave nature because they usually justify themselves by claiming that all this is done in the name of the German Armed Forces. In reality, the latter have conducted themselves throughout in a highly understanding manner toward the skilled workers and the Ukrainian population. The same, however, cannot be said of some of the administrative agencies. To illustrate this, be it mentioned that a woman once arrived dressed in little more than a shirt.”

Passing now to Page 4 of this same document, starting with the tenth line of the third paragraph and in the German text it appears at Page 5, Paragraph 2. Quoting directly again:-

“On the basis of reported incidents, attention must be called to the fact that it is irresponsible to keep workers locked in the cars for many hours so that they cannot even take care of the calls of nature. It is evident that the people of a transport must be given an opportunity from time to time, to get drinking water, to wash, and to relieve themselves. Cars have been shown in which people had made holes so that they could take care of the calls of nature. Persons should, if possible, relieve themselves well before reaching the larger stations.”

Turning to Page 5 of the same document, Paragraph 12, in the German text it appears at Page 6, Paragraph 1:-

“The following abuses were reported from the delousing stations: In the women’s and girls’ shower rooms, services were partly performed by men, or men would join in or even help with the soaping and, on the other hand, there were female personnel in the men’s shower rooms; men also for some time were taking photographs in the women’s shower rooms. Since mainly Ukrainian peasants were transported in the last months, as far as the female portion of these are concerned, they were mostly of a high moral standard and used to strict decency, and they must have considered such a treatment as a national degradation. The above-mentioned abuses have been, according to our knowledge, settled by the intervention of the transport commanders. The reports of the photographing were made from Halle; the reports about the other incidents were made from Kiewerce. Such incidents, in complete disregard of honour and respect of the Greater German Reich, may still occur again here or there.”

Sick and infirm people of the occupied countries were taken indiscriminately with the rest. Those who managed to survive the trip into Germany, but who arrived too sick to work, were returned like cattle together with those who fell ill at work, because they were of no further use to the Germans. The return trip took place under the same terrible conditions as the initial journey, and without any kind of medical supervision. Death came to many and their corpses were unceremoniously dumped out of the cars, with no provision for burial.

I quote from Page 3, Paragraph 3 of Document 054-PS. In the German text it appears at Page 2, Paragraph 3. Quoting directly:-

“Very depressing for the morale of the skilled workers and the population is the effect of those persons shipped back from Germany for having become disabled or not having been fit for labour commitment from the very beginning. Several times already transports of skilled workers on their way to Germany have crossed returning transports of such disabled persons, and have stood on the tracks alongside of each other for a long time. These returning transports are insufficiently cared for. Sick, injured or weak people, mostly 56 to 60 in a car, are usually escorted by only three to four men. There is neither sufficient care nor enough food. Those returning frequently made unfavourable – but surely exaggerated – statements about their treatment in Germany and on the way. As a result of all this and of what the people could see with their own eyes, a psychosis of fear was evoked among the specialist workers, that is, about the whole transport to Germany. Several transport leaders of the 62nd and 63rd in particular reported thereto in detail. In one case the leader of the transport of skilled workers observed with his own eyes how a person who died of hunger was unloaded from a returning transport on the side track. (First Lt. Hofman of the 63rd Transport Station, Darniza.) Another time it was reported that three dead had to be deposited by the side of the tracks on the way and had to be left behind unburied by the escort. It is also regrettable that these disabled persons arrive here without any identification. According to the reports of the transport commanders, one gets the impression that these persons unable to work, are assembled, penned into the wagons and sent off, provided with only a few male escorts, and without special care for food and medical or other attendance. The Labour Office at the place of arrival as well as the transport commanders confirm this impression.”

Incredible as it may seem, mothers in the throes of childbirth shared cars with those infected with tuberculosis or venereal diseases. Babies, when born, were hurled out of these car windows and dying persons lay on the bare floors of freight cars without even the small comfort of straw.

I refer to Document 984-PS, which is Exhibit USA 199. This document is an inter-departmental report, prepared by Dr. Gutkelch, in the defendant Rosenberg’s Ministry and it is dated 30th September, 1942. I wish to quote from Page 10 of the English text, starting with the fourth line from the top of the page. In the German text it appears at Page 22, Paragraph 1. Quoting directly from that paragraph:-

“How necessary this interference was is shown by the fact that this train with returning labourers had stopped at the same place where a train with newly recruited Eastern labourers had stopped. Because of the corpses in the trainload of returning labourers, a catastrophe might have been precipitated had it not been for the mediation of Mrs. Miller. In this train women gave birth to babies who were thrown out of the windows during the journey, people having tuberculosis and venereal diseases rode in the same car, dying people lay in freight cars without straw, and one of the dead was thrown on the railway embankment. The same must have occurred in other returning transports.”

Some aspects of the Nazi transport were described by the defendant Sauckel himself in a decree which he issued on 20th July, 1942; and I refer specifically to Document 2241- PS 3, which is Exhibit USA 200. I ask that the Tribunal take judicial notice of the original decree, which is published in Section B 1 a, at Page 48 e, of a book entitled Die Beschaeftigung von Auslaendischen Arbeitskraeften in Deutschland. I quote from Page 1, Paragraph 2, of the English text, and I am quoting directly:-

“According to reports of transportation commanders (Transportleiter) presented to me, the special trains provided for this purpose have frequently been in a really deficient condition. Numerous window panes have been missing in the coaches. Old French coaches without lavatories have been partly employed so that the workers had to fit up an emptied compartment as a lavatory. In other cases, the coaches were not heated in winter so that the lavatories quickly became unusable because the water system was frozen and the flushing apparatus was therefore without water.”

The Tribunal will unquestionably have noticed, or observed, that a number of the documents which we have referred to – and which we have offered – consist of complaints by functionaries of the defendant Rosenberg’s Ministry, or by others, concerning the conditions under which foreign workers were recruited and lived. I think it is appropriate to say that these documents have been presented by the prosecution really for two purposes, or for a dual purpose, to establish, first, the facts recited therein, of course, but also to show that these conspirators had knowledge of these conditions, and that notwithstanding their knowledge of these conditions, these conspirators continued to countenance and assist in this enslavement programme of a vast number of citizens of occupied countries.

Once within Germany, slave labourers were subjected to almost unbelievable brutality and degradation by their captors; and the character of this treatment was in part made plain by the conspirators’ own statements, as in Document 016-PS, which is in evidence as Exhibit USA 168, and I refer to Page 12, Paragraph 2 of the English text; in the German text it appears at Page 17, Paragraph 4. Quoting directly:-

“All the men must be fed, sheltered, and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure.”

Force and brutality as instruments of production found a ready adherent in the defendant Speer who, in the presence of the defendant Sauckel, said at a meeting of the Central Planning Board – and I refer to Document R-124, which is already in evidence and which has been referred to previously. It is Exhibit USA 179. I refer particularly to Page 42 of that Document R-124, and Paragraph 2 of that Page 42. The defendant Speer, speaking at that meeting, stated:-

“We must also discuss the slackers. Ley has ascertained that the sick-list decreased to one-fourth or one-fifth in factories where there are doctors on the staff to examine the sick men. There is nothing to be said against S.S. and police taking drastic steps and putting those known as slackers into concentration camps. There is no alternative. Let it happen several times and the news will soon go around.”

At a later meeting of the Central Planning Board, Field Marshal Milch agreed that so far as workers were concerned- and again I refer to Document R-124, and to Page 26, Paragraph 2 in the English text; and in the German text at Page 17, Paragraph 1. Field Marshal Milch, speaking at a meeting of the Central Planning Board when the defendant Speer was present, stated – and I am quoting directly:-

“The list of the shirkers should be entrusted to Himmler’s trustworthy hands.”

THE PRESIDENT: Page 17?

MR. DODD: No, your Honour; Page 26, Paragraph 2. The Page 17 was of the German text; in the English text it is at Page 26.

THE PRESIDENT: Thank you.

MR. DODD: Milch made particular reference to foreign workers – again in this Document R-124, at Page 26, Paragraph 3; in the German text it appears at Page 18, Paragraph 3 – when he said, and I am quoting him directly:-

“It is therefore not possible to exploit fully all the foreigners unless we put them on piece-work rates, or are authorised to take measures against those who are not doing their utmost.”

The policy as actually executed was even more fearful than the policy as expressed by the conspirators. Indeed, these impressed workers were under-fed and overworked, and they were forced to live in grossly overcrowded camps where they were held as virtual prisoners, and were otherwise denied adequate shelter, adequate clothing, adequate medical care and treatment. As a consequence, they suffered from many diseases and ailments. They were generally forced to work long hours, up to and beyond the point of exhaustion. They were beaten and subjected to all manner of inhuman indignities.

An example of this mistreatment is found in the conditions which prevailed in the Krupp factories. Foreign labourers at the Krupp works were given insufficient food to enable them to perform the work required of them.

I refer to Document D-316, which is Exhibit USA 201. This document was found in the Krupp files. It is a memorandum upon the Krupp stationery to a Hert Hupe, a director of the Krupp Locomotive Factory in Essen, Germany, dated 14th March, 1942. I wish to refer to Page 1 of the English text, starting with Paragraph 1, as follows, and I am quoting directly:-

“During the last few days we established that the food for the Russians employed here is so miserable, that the people are getting weaker from day to day.

Investigations showed that single Russians are not able to place a piece of metal for turning into position, for instance, because of lack of physical strength. The same conditions exist in all places of work where Russians are employed.”

The condition of foreign workers in Krupp workers’ camps is described in detail in an affidavit executed in Essen, Germany, by Dr. Wilhelm Jaeger, who was the senior camp doctor. It is Document D-288, which is Exhibit USA 202.

“I, Dr. Wilhelm Jaeger, am a general practitioner in Essen, Germany, and its surroundings. I was born in Germany on 2nd December, 1888, and now live at Kettwig, Sengenholz, Germany. I make the following statement of my own free will. I have not been threatened in any way and I have not been promised any sort of reward.

On 1st October, 1942, I became senior camp doctor in Krupp’s workers’ camp, and was generally charged with the medical supervision of all Krupp’s workers’ camps in Essen. In the course of my duties it was my responsibility to report to my superiors in the Krupp works upon the sanitary and health conditions of the workers’ camps. It was a part of my task to visit every Krupp camp which housed foreign civilian workers, and I am therefore able to make this statement on the basis of my personal knowledge.

My first official act as senior camp doctor was to make a thorough inspection of the various camps. At that time, in October, 1942, I found the following conditions:

The Eastern workers and Poles who worked in the Krupp works at Essen were kept at camps at Seumannstrasse, Spenlestrasse, Grieper- strasse, Heecstrasse, Germaniastrasse, Kapitan- Lehmannstrasse, Dechenschule, and Kramerplatz.” (When the term “Eastern workers” is hereinafter used, it is to be taken as including Poles.) “All of the camps were surrounded by barbed wire and were closely guarded.

Conditions in all of these camps were extremely bad. The camps were greatly overcrowded. In some camps there were twice as many people in a barrack as health conditions permitted. At Kramerplatz, the inhabitants slept in treble-tiered bunks, and in the other camps they slept in double-tiered bunks. The health authorities prescribed a minimum space between beds Of 50 cm., but the bunks in these camps were separated by a maximum Of 20 to 30 cm.

The diet prescribed for the Eastern workers was altogether insufficient. They were given 1,000 calories a day less than the minimum prescribed for any German. Moreover, while German workers engaged in the heaviest work received 5,000 calories a day, the Eastern workers with comparable jobs received only 2,000 calories. These workers were given only two meals a day and their bread ration. One of these two meals consisted of a thin, watery soup. I had no assurance that they did in fact, receive the minimum which was prescribed. Subsequently, in 1943, when I undertook to inspect the food prepared by the cooks, I discovered a number of instances in which food was withheld from the workers.

The plan for food distribution called for a small quantity of meat per week. Only inferior meats, rejected by the veterinary, such as horse meat or tuberculin- infested, was permitted for this purpose. This meat was usually cooked into a soup.

The percentage of Eastern workers who were ill was twice as great as among the Germans. Tuberculosis was particularly widespread among these workers. The tuberculosis rate among them was four times the normal rate (2 per cent. Eastern workers, German, – 5 per cent.). At Dechenschule approximately 2.5 per cent. of the workers suffered from open tuberculosis. These were all active tuberculosis cases. The Tartars and Kirghises suffered most; as soon as they were overcome by this disease they collapsed like flies, The cause was bad housing, the poor quality and insufficient quantity of food, overwork, and insufficient rest.

These workers were likewise afflicted with spotted fever. Lice, the carrier of this disease, together with countless fleas, bugs and other vermin tortured the inhabitants of these camps. As a result of the filthy conditions, nearly all Eastern workers were afflicted with skin disease. The shortage of food also caused many cases of hunger- oedema, nephritis and shiga-kruse.

It was the general rule that workers were compelled to go to work unless a camp doctor had prescribed that they were unfit for work. At Seumannstrasse, Grieperstrasse, Germaniastrasse, Kapitan-Lehmannstrasse, and Dechenschule, there was no daily sick call. At these camps the doctors did not appear for two or three days. As a consequence, workers were forced to go to work despite illness.

I undertook to improve conditions as well as I could. I insisted upon the erection of some new barracks in order to relieve the overcrowded conditions of the camps. Despite this, the camps were still greatly overcrowded, but not as much as before. I tried to alleviate the poor sanitary conditions in Kramerplatz and Dechenschule by causing the installation of some emergency toilets, but the number was insufficient, and the situation was not materially altered.

With the onset of heavy air raids in March, 1943, conditions in the camps greatly deteriorated. The problem of housing, feeding, and medical attention became more acute than ever. The workers lived in the ruins of their former barracks. Medical supplies which were used up, lost or destroyed, were difficult to replace. At times the water supply at the camps was completely shut off for periods of eight to fourteen days. We installed a few emergency toilets in the camps, but there were far too few of them to cope with the situation.

During the period immediately following the March, 1943, raids, many foreign workers were made to sleep at the Krupp factories in the same rooms in which they worked. The day workers slept there at night, and the night workers slept there during the day, despite the noise which constantly prevailed. I believe that this condition continued until the entrance of American troops into Essen.

As the pace of air raids was stepped up, conditions became progressively worse. On 28th July, 1944, I reported to my superiors that:

The sick barrack in camp Rabenhorst is in such a bad condition that one cannot speak of a sick barrack any more. The rain leaks through in every corner. The housing of the sick is therefore impossible. The necessary labour for production is in danger because those persons who are ill cannot recover.

At the end of 1943, or the beginning of 1944 – I am not completely sure of the exact date – I obtained permission for the first time to visit the prisoner of war camps. My inspection revealed that conditions at these camps were worse than those I had found at the camps of the Eastern workers in 1942. Medical supplies at such camps were virtually non-existent. In an effort to cure this intolerable situation, I contacted the Wehrmacht authorities whose duty it was to provide medical care for the prisoners of war. My persistent efforts came to nothing. After visiting and pressing them over a period of two weeks, I was given a total of 100 aspirin tablets for over 3,000 prisoners of war.

The French prisoner of war camp in Nogerratstrasse had been destroyed in an air raid attack and its inhabitants were kept for nearly half a year in dog kennels, urinals, and old baking houses. The dog kennels were 3 ft. high, 9 ft. long, and 6 ft. wide. Five men slept in each of them. The prisoners had to crawl into these kennels on all fours. The camp contained no tables, chairs, or cupboards. The supply of blankets was inadequate. There was no water in the camp. That treatment which was extended was given in the open. Many of these conditions were mentioned to me in a report by Dr. Stinnesbeck dated 12th June, 1944, in which he said:-

Three hundred and fifteen prisoners are still accommodated in the camp. One hundred and seventy of these are no longer in barracks but in the tunnel in Grunertstrasse under the Essen-Muelheum railway line. This tunnel is damp and is not suitable for continued accommodation of human beings. The rest of the prisoners are accommodated in ten different factories in the Krupp works. The first medical attention is given by a French Military Doctor who takes great pains with his fellow countrymen. Sick people from Krupp factories must be brought to the sick parade. This parade is held in the lavatory of a burned-out public house outside the camp. The sleeping accommodation of the four French orderlies is in what was the men’s room. In the sick bay there is a double tier wooden bed. In general, the treatment takes place in the open. In rainy weather it is held in the above-mentioned small room. These are insufferable conditions. There are no chairs, tables, cupboards, or water. The keeping of a register of sick people is impossible. Bandages and medical supplies are very scarce, all those badly hurt in the works are very often brought here for first aid and have to be bandaged here before being transported to hospital. There are many loud and lively complaints about food, which the guard personnel confirm as being correct.

Illness and loss of manpower must be reckoned with under these conditions.

In my report to my superiors at Krupps dated 2nd September, 1944,I stated-:

Camp Humboldtstrasse has been inhabited by Italian prisoners of war. After it had been destroyed by an air raid, the Italians were removed and 600 Jewish females from Buchenwald concentration camp were brought to work at the Krupp factories. Upon my first visit at Camp Humboldtstrasse, I found these females suffering from open festering wounds and other diseases.

I was the first doctor they had seen for at least a fortnight. There was no doctor in attendance at the camp. There were no medical supplies in the camp. They had no shoes and went about in their bare feet. The sole clothing of each consisted of a sack with holes for their arms and head. Their hair was shorn. The camp was surrounded by barbed wire and closely guarded by S.S. guards.

The amount of food in the camp was extremely meagre and of very poor quality. The houses in which they lived consisted of the ruins of former barracks and they afforded no shelter against rain and other weather conditions. I reported to my superiors that the guards lived and slept outside their barracks as one could not enter them without being attacked by 10, 20 and up to 50 fleas. One camp doctor employed by me refused to enter the camp again after he had been bitten very badly. I visited this camp with Dr. Grosne on two occasions and both times we left the camp badly bitten. We had great difficulty in getting rid of the fleas and insects which had attacked us. As a result of this attack by insects of this camp, I got large boils on my arms and the rest of my body. I asked my superiors at the Krupp works to undertake the necessary steps to delouse the camp so as to put an end to this unbearable vermin-infested condition. Despite this report, I did not find any improvement in sanitary conditions at the camp on my second visit a fortnight later.

When foreign workers finally became too sick to work or were completely disabled, they were returned to the Labour Exchange in Essen and from there they were sent to a camp at Friedrichsfeld. Among persons who were returned to the Labour Exchange were aggravated cases of tuberculosis, malaria, neurosis, cancer which could not be treated by operation, old age, and general feebleness. I know nothing about conditions at this camp because I have never visited it. I only know that it was a place to which workers who were no longer of any use to Krupp were sent.

My colleagues and I reported all of the foregoing matters to Herr Inn, Director of Friedrich Krupp A.G., Dr. Wiels, personal physician of Gustav Krupp von Bohlen and Halbach, Senior Camp Leader Kupke, and at all times to the health department. Moreover, I know that these gentlemen personally visited the camps.

Signed Dr. Wilhelm Jaeger.”

THE PRESIDENT: We will adjourn now until 2 o’clock.

[A recess was taken until 1400 hours]

MR. DODD: May it please the Tribunal: We had just completed the reading of the affidavit executed by Dr. Wilhelm Jaeger at the noon recess. The conditions which were described in this affidavit were not confined to the Krupp factories alone but existed throughout Germany, and we turn to a report of the Polish Main Committee made to the Administration of the General Government of Poland, Document R-103, which is Exhibit USA 204. This document is dated 17th May, 1944, and describes the situation of the Polish workers in Germany, and I wish to refer particularly to Page 2 of the English translation, starting with Paragraph 2; in the German text it appears at Page 2, Paragraph 2, also. In quoting from the document, it reads:-

“The provision for cleanliness at many overcrowded camp rooms is contrary to the most elementary requirements. Often there is no opportunity to obtain warm water for washing; therefore, the cleanest parents are unable to maintain even the most primitive standard of hygiene for their children or, often, even to wash their only set of linen. A consequence of this is the spreading of scabies which cannot be eradicated.

We receive imploring letters from the camps of Eastern workers and their prolific families, beseeching us for food. The quantity and quality of camp rations mentioned therein – the so-called fourth grade of rations – is absolutely insufficient to maintain the energies spent in heavy work. 3.5 kg. of bread weekly and a thin soup at lunch time, cooked with swedes or other vegetables without any meat or fat, with a meagre addition of potatoes now and then is a hunger ration for a heavy worker.

Sometimes punishment consists of starvation which is inflicted, e.g. for refusal to wear the badge ‘East’. Such punishment has the result that workers faint at work (Klosterteich Camp, Grunheim, Saxony). The consequence is complete exhaustion, an ailing state of health, and tuberculosis. The spreading of tuberculosis among the Polish factory workers is a result of the deficient food rations meted out in the community camps, because energy spent in heavy work cannot be replaced.

The call for help which reaches us brings to light starvation and hunger, severe stomach intestinal trouble, especially in the case of children, resulting from the insufficiency of food which does not take into consideration the needs of children. Proper medical treatment or care for the sick is not available in the mass camps.”

We now refer to Page 3 of this same document, and particularly to the first paragraph. In the German text it appears at Page 5, Paragraph 1:-

“In addition to these bad conditions, there is lack of systematic occupation for and supervision of these hosts of children, which affects the life of prolific families in the camps. The children, left to themselves, without schooling or religious care, must run wild and grow up illiterate. Idleness in rough surroundings may and will create unwanted results in these children. An indication of the awful conditions this may lead to, is given by the fact that in the camps for Eastern workers (camp for Eastern workers, ‘Waldlust’, Post Office Lauf, Pegnitz) there are cases of 8-year-old delicate and undernourished children put to forced labour and perishing from such treatment.

The fact that these bad conditions dangerously affect the state of health and the vitality of the workers is proved by the many cases of tuberculosis found in very young people returning from the Reich to the General Government as unfit for work. Their state of health is usually so bad that recovery is out of the question. The reason is that a state of exhaustion resulting from overwork and a starvation diet is not recognised as an ailment until the illness betrays itself by high fever and fainting spells.

Although some hostels for unfit workers have been provided as a precautionary measure, one can only go there when recovery may no longer be expected (Neumarkt in Bavaria). Even there the incurables waste away slowly, and nothing is done even to alleviate the state of the sick by suitable food and medicines. There are children there with tuberculosis whose cure would not be hopeless and men in their prime who, if sent home in time to their families in rural districts, might still be able to recover. No less suffering is caused by the separation of families when wives and mothers of small children are away from their families and sent to the Reich for forced labour.”

And finally, from Page 4 of the same document, starting with the first paragraph. In the German text it appears at Page 7, Paragraph 4:-

“If, under these conditions, there is no moral support such as is normally based on regular family life, then at least such moral support which the religious feelings of the Polish population require should be maintained and increased. The elimination of religious services, religious practice and religious care from the life of the Polish workers, the prohibition of church attendance, at a time when there is a religious service for other people, and other measures, show a certain contempt for the influence of religion on the feelings and opinions of the workers.”

THE PRESIDENT: Can you tell us who the Polish Central Committee were; or, I mean, how they were founded?

MR. DODD: Well, so far as we are aware, it was a committee apparently set up by the Nazi State when it occupied Poland, to work in some sort of co-operation with it during the days of the occupation. We do not know the names of the members, and we have not any more specific information.

THE PRESIDENT: Is it a captured document?

MR. DODD: It is a captured document, yes, sir. All of the documents that I am presenting in connection with this case are, excepting the Netherlands Government’s report and one or two other official reports, the Dois affidavit and such other matters. That particular document, it has just been called to my attention, was captured by the United States Third Army.

Particularly harsh and brutal treatment was reserved for workers imported from the conquered Eastern territories. As we have illustrated, they did indeed live in bondage, and they were subjected to almost every form of degradation, quartered in stables with animals, denied the right of free worship, and the ordinary pleasures of human society.

Illustrative of this treatment is Document EC-68, Exhibit USA 205. This Document, EC-68, bears the title “Directives on the Treatment of Foreign Farmworkers of Polish Nationality”, issued by the Minister for Finance and Economy of Baden, Germany, on 6th March, 1941. We do not know his name, nor have we been able to ascertain it.

Quoting from the English text of this document from the beginning:-

“The agencies of the Reich Food Administration, State Peasant Association of Baden, have received the result of the negotiations with the Higher S.S. and Police Officers in Stuttgart on 14th February, 1941, with great satisfaction. Appropriate memoranda have already been turned over to the District Peasants Associations. Below, I promulgate the individual regulations, as they have been laid down during the conference, and how they are now to be applied accordingly:

1. Fundamentally, farmworkers of Polish nationality no longer have the right to complain, and thus no complaints may be accepted any more by any official agency.

2. The farmworkers of Polish nationality may not leave the localities in which they are employed, and have a curfew from 1st October to 31st March from 2000 hours to 0600 hours, and from 1st April to 30th September from 2100 hours to 0500 hours.

3. The use of bicycles is strictly prohibited. Exceptions are possible for riding to the place of work in the field if a relative of the employer or the employer himself is present.

4. The visit to churches, regardless of faith, is strictly prohibited, even when there is no service in progress. Individual spiritual care by clergymen outside of the church is permitted.

5. Visits to theatres, motion pictures, or other cultural entertainment are strictly prohibited for farmworkers of Polish nationality.

6. The visit to restaurants is strictly prohibited to farmworkers of Polish nationality, except for one restaurant in the village, which will be selected by the Rural Councillor’s office (Landratsamt), and then only one day per week. The day to visit the restaurant will also be determined by the Landratsamt. This regulation does not change the curfew regulation mentioned above under No. 2.

7. Sexual intercourse with women and girls is strictly prohibited, and wherever it is established, it must be reported.

8. Gatherings of farmworkers of Polish nationality after work is prohibited, whether it is on other farms, in the stables, or in the living quarters of the Poles.

9. The use of railroads, buses or other public conveyances by farmworkers of Polish nationality is prohibited.

10. Permits to leave the village may only be granted in very exceptional cases, by the local police authority (Mayor’s office). However, in no case may it be granted if the applicant wants to visit a public agency on his own, whether it is a labour office or the District Peasants Association or whether he wants to change his place of employment.

11. Arbitrary change of employment is strictly prohibited. The farmworkers of Polish nationality have to work daily so long as the interests of the enterprise demand it, and as it is demanded by the employer. There are no time limits to the working time.

12. Every employer has the right to give corporal punishment to farmworkers of Polish nationality, if instructions and good words fail: The employer may not be held accountable in any such case by an official agency.

13. Farmworkers of Polish nationality should, if possible, be removed from the community of the home, and they can be quartered in stables, etc. No remorse whatever should restrict such action.

14. Report to the authorities is compulsory in all cases, when crimes have been committed by farmworkers of Polish nationality, such as sabotage of the enterprise or slowing down work, for instance, unwillingness to work, or impertinent behaviour; it is compulsory even in minor cases. An employer who loses his Pole through the latter having to serve a long prison sentence because of such a compulsory report, will receive another Pole from the competent labour office on preferential request.

15. In all other cases, only the State Police are still competent.

For the employer himself, severe punishment is contemplated if it is established that the necessary distance from farmworkers of Polish nationality has not been kept. The same applies to women and girls. Extra rations are strictly prohibited. Non-compliance with the Reich tariffs for farmworkers of Polish nationality will be punished by the competent labour office by the removal of the workers.”

The women of the conquered territories were led away against their will to serve as domestics, and the defendant Sauckel described this programme in his own words, which appear in Document 016-PS, already offered in evidence as Exhibit USA 168, and particularly Page 7, fourth paragraph of the English text; in the German text it appears on Page 10, Paragraph 1, and I quote directly:-

“In order to relieve considerably the German housewife, especially the mother with many children, and the extremely busy farmwoman, and in order to avoid any further danger to their health, the Fuehrer also charges me with the procurement of 400,000-500,000 selected, healthy and strong girls from the territories of the East, for Germany.”

Once captured, once forced to become labourers in Germany, or workers in Germany, these Eastern women, by order of the slavemaster, defendant Sauckel, were bound to the household to which they were assigned, permitted at the most three hours of freedom a week, and denied the right to return to their homes. I now refer to Document 3044 (b)-PS. That is Exhibit USA 2o6. The document is a decree issued by the defendant Sauckel containing instructions for housewives concerning Eastern household workers, and I ask that the Court take judicial notice of the original decree which appears on Pages 592 and 593 of the second volume of a publication of the Zentralverlag of the N.S.D.A.P., entitled “Verfuegungen, Anordnungen und Bekanntgaben”, and I quote from the first paragraph of the English translation of a portion of the decree as follows:

“There is no claim for free time. Female domestic workers from the East may, on principle, leave the household only to take care of domestic tasks.

As a reward for good work, however, they may be given the opportunity to stay outside the home without work for three hours once a week. This leave must end with the onset of darkness, at the latest at 2000 hours.

It is prohibited to enter restaurants, movies, or other theatres, and similar establishments provided for German, or foreign workers. Attending church is also prohibited. Special events may be arranged for Eastern domestics in urban homes by the German Workers’ Front, for Eastern domestics in rural homes by the Reich Food Administration with the German Women’s League. Outside the home, the Eastern domestic must always carry her work card as a personal pass. Vacations, return to homes, are not granted as yet. The recruiting of Eastern domestics is for an indefinite period.”

Always over these enslaved workers was the shadow of the Gestapo, and the torture of the concentration camps. Like other major programmes of the Nazi conspirators, the black- shirted guards of the S.S., and Himmler’s methods of dealing with people were the instruments employed for enforcement.

On the subject of the slave labourers, a secret order dated 2oth February,1942, issued by Reichsfuehrer S.S. Himmler to S.D. and Security Police Officers concerning Eastern workers, spells out the violence which was applied against them. I offer this order in evidence. It is our Document 3040-PS, which is Exhibit USA 207, and I ask this Court to take judicial notice of the original order, which is published in the “Allgemeine Erlassammlung,” Part II, Section 2-A, III, small letter “f”, Pages 15 to 24. I wish to quote from Page 3 of the English text starting with Paragraph III, in the German text it appears in Section 2-A, III, “f”, at Page 19 of the publication as follows:-

“III. Combating violations against discipline. – (1) According to the equal status of labourers from the original Soviet Russian territory with prisoners of war, a strict discipline must be exercised in the quarters and at the working place. Violations against discipline, including work refusal and loafing at work, will be fought exclusively by the Secret State Police. The smaller cases will be settled by the leader of the guard according to instruction of the State Police administration offices, with measures as provided for in the enclosure. To break acute resistance, the guards shall be permitted to use also physical compulsion against the labourers. But this may be done only for a cogent cause. The manpower should always be informed about the fact that they will be treated decently when conducting themselves with discipline and accomplishing good work. In severe cases, that is in such cases where the measures at the disposal of the leader of the guard do not suffice, the State police office has to act with its means. Accordingly, they will be treated, as a rule, only with strict measures, that is, with transfer to a concentration camp, or with special treatment. The transfer to a concentration camp is to be done in the usual manner. In especially severe cases special treatment is to be requested at the Reich Security Main Office, stating personal data, and the exact facts.

Special treatment is hanging. It should not take place in the immediate vicinity of the camp. A certain number of labourers from the original Soviet Russian territory should attend the special treatment; they are then warned of the circumstances which lead to this treatment. Should special treatment be required within the camp for exceptional reasons of camp discipline, this is also to be requested.”

And I turn now to Page 4 of the original text, Paragraph VI; in the German text it appears at Section 2-A, VI, “f”, on Page 20.

“VI. Sexual intercourse. – Sexual intercourse is forbidden to labourers of the original Soviet Russian territory. By means of their closely confined quarters they have no opportunity for it. For every case of sexual intercourse with men or women of the German race, special treatment is to be requested for male labour from the original Soviet Russian territory, and, for female labour, transfer to a concentration camp.”

And finally from Page 5 of the same document, Paragraph VIII, and in the German text it appears at Section 2-A, VIII, “f”, at Page 21:-

“VIII. Search. – Fugitive workers from the original Soviet Russian territory are to be announced primarily in the German search book. Furthermore, search measures are to be decreed locally. When caught the fugitive must receive special treatment.”

We have said to this Tribunal more than once that the primary purpose of the entire slave labour programme was, of course, to compel the people of the occupied country to work for German war economy. The decree by which defendant Sauckel was appointed Plenipotentiary General for manpower reveals that the purpose of the appointment was to facilitate acquisition of the manpower required for German war industries, and in particular the armaments industry, by centralising under Sauckel responsibility for the recruitment and allocation of foreign labour and prisoners of war in these industries. I refer to the document bearing our Number 1666-PS, Exhibit USA 208. This document is a decree signed by Hitler, Lammers, and the defendant Keitel, and it is dated 21st March, 1942, appointing the defendant Sauckel the Plenipotentiary General for the utilisation of labour. I ask that the Court take judicial notice of the original decree, which is published at Page 179, Part I, of the 194z Reichsgesetzblatt; referring to the English text starting at Paragraph 1, as follows, and quoting directly:-

“In order to secure the manpower requisite for war industries as a whole, and particularly for armaments, it is necessary that the utilisation of all available manpower, including that of workers recruited abroad, and of prisoners of war, should be subject to a uniform control, directed in a manner appropriate to the requirements of war industry, and further that all still incompletely utilised manpower in the Greater German Reich, including the Protectorate, and in the Government General, and in the occupied territories should be mobilised. Reichsstatthalter and Gauleiter Fritz Sauckel will carry out this task within the framework of the Four Year Plan, as Plenipotentiary General, for the utilisation of labour. In that capacity he will be directly responsible to the Commissioner for the Four Year Plan. Section III (Wages) and Section V (Utilisation of Labour) of the Reich Labour Ministry, together with their subordinate authorities, will be placed at the disposal of the Plenipotentiary General for the accomplishment of his task.”

Sauckel’s success can be measured from a letter which he himself wrote to Hitler on 15th April, 1943, and which contained his report on the one year of his activities. We refer to the Document 407-PS, VI, which will be Exhibit USA 209. I wish to quote from Paragraphs 6 and 9 on Page 1 of the English text; in the German text it appears at Page 2, Paragraphs 1 and 2:-

“After one year’s activity as Plenipotentiary for the Direction of Labour, I can report that 3,638,056 new foreign workers were given to the German war economy from 1st April of last year to 31st March of this year. The 3,638,056 are distributed amongst the following branches of the German war economy. Armament- 1,568,801.”

Still further evidence of this steady use of this enslaved foreign labour is found again in a report of the Central Planning Board, to which we have referred so many times this morning and yesterday. Another meeting of this Central Planning Board was held on 16th February, 1944, and I refer to our Document R-124, which contains the minutes of this meeting of the Central Planning Board, and which has been already offered in evidence as Exhibit USA 179, and I want to refer particularly to Page 26, Paragraph 1 of the English text of Document R-124. It is at Page 16, in Paragraph 2, of the German text:-

“The armament industry employs foreign workmen to a large extent; according to the latest figures-40 per cent.”

Moreover, our Document 2520-PS, which is in evidence as Exhibit USA 197, records that, according to Speer Ministry tabulations, as Of 31st December, 1944, approximately two million civilian foreign workers were employed directly in the manufacture of armaments and munitions (end products or components). That the bulk of these workers had been forced to come to Germany against their will is made clear by Sauckel’s statement which I previously quoted from Paragraph 3 of Page 11 of Document R-124. We quoted it this morning, the statement being that of five million foreign workers only two hundred thousand or less came voluntarily.

The defendants Sauckel, Speer and Keitel succeeded in the enforcement of foreign labour to construct military fortifications. Thus, citizens of France, Holland and Belgium were compelled against their will to engage in the construction of the “Atlantic Wall”, and we refer to our Document 556-PS-2, which is Exhibit USA 194. This is a Hitler order dated 8th September, 1942, and it is initialled by the defendant Keitel.

Quoting the order directly:-

“The extensive coastal fortifications which I have ordered to be erected in the area of Army Group West make it necessary that in the occupied territory all available workers should be committed and should give the fullest extent of their productive capacities. The previous allotment of domestic workers is insufficient. In order to increase it I order the introduction of compulsory labour and the prohibition of changing the place of employment without permission of the authorities in the occupied territories. Furthermore, the distribution of food and clothing ration cards to those subject to labour draft should in the future depend on the possession of a certificate of employment. Refusal to accept an assigned job, as well as abandoning the place of work without the consent of the authorities in charge, will result in the withdrawal of the food and clothing ration cards. The G.B.A. (Deputy General for Arbeitseinsatz) in agreement with the military commander, as well as the Reich Commissar, will issue the corresponding decrees for execution.”

Indeed, the defendant Sauckel boasted to Hitler concerning the contribution of the forced labour programme to the construction of the Atlantic Wall by the defendant Speer’s “Organisation Todt”. And we refer to Document 407-PS VIII, which is Exhibit USA 210. This document is a letter from the defendant Sauckel to Hitler dated the 17th May, 1943. I refer to the second and last paragraphs:-

“In addition to the labour allotted to the total German economy by the Arbeitseinsatz since I took office, the Organisation Todt was supplied with new labour continually “. Thus: “The Arbeitseinsatz has done everything to help make possible the completion of the Atlantic Wall.”

Similarly, Russian civilians were forced into labour battalions and compelled to build fortifications to be used against their own countrymen. In Document 031-PS, in evidence as Exhibit USA 171, which is a memorandum of the Rosenberg Ministry, it is stated in Paragraph 1 at Page 1 of that document:-

“The men and women in the theatres of operations have been-and will be conscripted into labour battalions to be used in the construction of fortifications.”

In addition, the conspirators compelled prisoners of war to engage in operations of war against their own country and its allies. At a meeting of the Central Planning Board, again held on 19th February, 1943, attended by the defendant Speer and the defendant Sauckel and Field Marshal Milch, the following conversation occurred and is recorded in out Document R-124, at Page 32, Paragraph 5, of the English text. It is Page 20, the last paragraph, of the German text, and I quote it, the defendant Sauckel speaking:-

“Sauckel: If any prisoners are taken there, they will be needed.

Milch: We have made a request for an order that a certain percentage of men in the anti-aircraft artillery must be Russians. 50,000 will be taken altogether, 30,000 are already employed as gunners. This is an amusing thing that Russians must work the guns.”

We refer now to Documents 3027 and 3028. They are respectively Exhibits USA 211 and 212. They will be found at the very back, I believe, of the document book, in a separate manila folder. They are official German Army photographs, and if your Honours will examine Document 3027- PS the caption states that Russian prisoners of war are acting as ammunition bearers during the attack upon Tschedowe. Document 3028-PS consists of a series of official German Army photographs taken in July and August, 1941, showing Russian prisoners of war in Latvia and the Ukraine being compelled to load and unload ammunition trains and trucks, and being required to stack ammunition, all, we say, in flagrant disregard of the rules of International Law, particularly Article 6 of the regulations annexed to The Hague Convention, No. IV of 1907, which provides that the tasks of prisoners of war shall have no connection with the operations of war. The use of prisoners of war in the German armament industry was as widespread and as extensive almost as in the use of the forced foreign civilian labour. We refer to Document 3005-PS, which is Exhibit USA 213. This document is a secret letter from the Reich Minister of Labour to the presidents of the Regional Labour Exchange Offices, which refers to an order of the defendant Goering to the effect that – I quote now from Paragraph 1 of that document – I am quoting it directly:-

“Upon personal order of the Reich Marshal 100,000 men are to be taken from among the French prisoners of war not yet employed in armament industry and are to be assigned to the armament industry (aeroplane industry). Gaps in manpower supply resulting therefrom will be filled by Soviet prisoners of war. The transfer of the above-named French prisoners of war is to be accomplished by 1st October.” The Reich Marshal referred to in that quotation is, of course, the defendant Goering.

A similar policy was followed with respect to Russian, prisoners of war. The defendant Keitel directed the execution of Hitler’s order to use prisoners of war in the German war economy, and I now make reference to our Document EC-194, which is Exhibit USA 24. This document is also a secret memorandum, according to its label, issued from Hitler’s Headquarters on the 31st October, 1941, and I read from Page 1, Paragraphs 1 and 2, quoting it directly as follows:-

“The lack of workers is becoming an increasingly dangerous hindrance for the future German war and armament industry. The expected relief through discharges from the Armed Forces is uncertain as to the extent and date; however, even its greatest possible extent will by no means correspond to expectations and requirements in view of the great demand.

The Fuehrer has now ordered that even the working power of the Russian prisoners of war should be utilised to a large extent by large scale assignments for the requirements of the war industry. The prerequisite for production is adequate nourishment. Also very small wages are to be planned for the most modest supply, with a few consumers’ goods for everyday life as eventual rewards for production.”

And quoting now from the same document, Paragraph 2, II and III – I am quoting directly:-

“II. Construction and Armament Industry.

(a) Work units for construction of all kinds, particularly for the fortification of coastal defences (concrete workers unloading units for essential war plants.)

(b) Suitable armament factories which have to be selected in such a way that their personnel should consist in the majority of prisoners of war under guidance and supervision (eventually after withdrawal and other employment of the German workers).

III. Other War Industries.

(a) Mining as under 11 (b).

(b) Railroad construction units for building tracks, etc.

(c) Agriculture and forestry in closed units. The utilisation of Russian prisoners of war is to be regulated on the basis of the above examples by:

To I. The Armed Forces.

To II. The Reich Minister for Armament and Munitions and the Inspector General for the German Road System in agreement with the Reich Minister for Labour and Supreme Commander of the Armed Forces. Deputies of the Reich Minister for Armament and Munitions are to be admitted to the prisoner of war camps to assist in the selection of skilled workers.”

The defendant Goering, at a conference at the Air Ministry on the 7th November, 1941, also discussed the use of prisoners of war in the armament industry. We refer now to our Document 1206-PS, which becomes Exhibit USA 215. This document consists of top secret notes on Goering’s instructions as to the employment and treatment of prisoners of war in many phases of the German war industry. And I wish to quote from Paragraph 1 of Page 1 and Paragraph 4 of Page 2 of the English text, and from Paragraph 1, Page 1, and Paragraph 1, Page 3 of the German text as follows:-

“The Fuehrer’s point of view as to employment of prisoners of war in war industries has changed basically. So far a total Of 5,000,000 prisoners of war- employed so far 2,000,000.”

And on Page 2:-

“In the Interior and the Protectorate it would be ideal if entire factories could be manned by Russian prisoners of war except the employees necessary for direction. For employment in the Interior and the Protectorate the following are to have priority:-

(a) At the top, coal mining industry. Order by the Fuehrer to investigate all mines as to suitability for employment of Russians, at times manning the entire plant with Russian labourers.

(b) Transportation (construction of locomotives and cars, repair shops). Railroad repair and industry workers are to be sought out from the prisoners of war. Railroad is most important means of transportation in the East.

(c) Armament Industries. Preferably factories of armour and guns. Possibly also construction of parts for aeroplane engines. Suitable complete sections of factories to be manned exclusively by Russians. For the remainder, employment in columns. Use in factories of tool machinery, production of farm tractors, generators, etc. In emergency, erect in individual places barracks for occasional workers who are used as unloading details and for similar purposes. (Reich Minister of the Interior through communal authorities.)

O.K.W./ A.W.A. is competent for transporting Russian prisoners of war employment through ‘Planning Board for Employment of all prisoners of war.’ If necessary, offices of Reich Commissariats.

No employment where danger to men or their supply exists, that is, factories exposed to explosives, waterworks, powerworks, etc. No contact with German population, especially no ‘solidarity’. German worker as a rule is foreman of Russians.

Food is a matter of the Four Year Plan. Supply their own food (cats, horses, etc.)

Clothes, billeting, messing somewhat better than at home where part of the people live in caverns.

Supply of shoes for Russians as a rule wooden shoes; if necessary install Russian shoe repair shops.

Examination of physical fitness in order to avoid importation of diseases.

Clearing of mines as a rule by Russians; if possible by selected Russian engineers.”

The defendant Goering was not the only one of these defendants who sponsored and applied the policy for using prisoners of war in the armament industry. The defendant Speer also sponsored and applied this same policy of using prisoners of war in the armament industry. And we refer to Document 1435-PS, which is Exhibit USA 20. This document is a speech to the Nazi, Gauleiters delivered by the defendant Speer on 24th February, 1942, and I read from Paragraph 2 of that document:-

“I therefore proposed to the Fi1hrer at the end of December, that all my labour force, including specialists, be released for mass employment in the East. Subsequently the remaining prisoners of war, about 10,000, were put at the disposal of the armament industry by me.”

He also reported at the 36th meeting of the Central Planning Board, held on 22nd April, 1943, that only 30 per cent. of the Russian prisoners of war were engaged in the armament industry. This the defendant Speer found unsatisfactory. Referring again to Document R-124, the minutes of the Central Planning Board, and particularly to Page 17 of that document, and to Paragraph 10 of the English text, and Page 14, Paragraph 7 of the German text, we find this statement by the defendant Speer: quoting directly:-

“There is a specified statement showing in what sectors the Russian prisoners of war have been distributed, and this statement is quite interesting. It shows that the armaments industry only received 30 per cent. I always complained about this.”

At Page 20 of the same Document, R-124, Paragraph 11 on Page 20 of the English text, and Page 14, the last paragraph of the German text, the defendant Speer stated, and I quote from that paragraph directly:-

“The 90,000 Russian prisoners of war employed in the whole of the armament industry are for the greatest part skilled men.”

The defendant Sauckel, who was appointed Plenipotentiary General for the utilisation of labour for the express purpose, among others, of integrating prisoners of war into the German war industry, made it plain that prisoners of war were to be compelled to serve the German armament industry. His labour mobilisation programme, which is Document 016-PS, already marked Exhibit USA 168, contains this statement on Page 6, Paragraph 10 of the English text, and Page 9, Paragraph 1 of the German text:-

“All prisoners of war, from the territories of the West as well as of the East, actually in Germany, must be completely incorporated into the German armament and nutrition industries. Their production must be brought to the highest possible level.”

I wish to turn now from the exploitation of foreign labour in general to a rather special Nazi programme which appears to us to have combined the brutality and the purposes of the slave labour programme with those of the concentration camp. The Nazis placed all Allied nationals in concentration camps and forced them, along with the other inmates of the concentration camps, to work under conditions which were set actually to exterminate them. This was what we call the Nazi programme of “extermination through work”.

In the spring of 1942 these conspirators turned to the concentration camps as a further source of slave labour for the armament industry. I refer to a new Document R-129, being Exhibit USA 217. This document is a letter to Himmler, the Reichsfuehrer S. S., dated the 30th April, 1942, from one of his subordinates, an individual named Pohl, S.S. Obergruppenfuehrer and General of the Waffen S.S.; and I wish to quote directly from the first page of that document.

“Today I report about the present situation of the concentration camps and about measures I have taken to carry out your order of 3rd March, 1942.”

Then moving on from Paragraphs 1, 2 and 3 on Page 2 of the English text, and at Page 1 of the German text, I quote as follows:-

“1. The war has brought about a marked change in the structure of the concentration camps and has changed their duties with regard to the employment of the prisoners. The custody of prisoners for the sole reasons of security, education, or prevention is no longer the main consideration. The mobilisation of all prisoners who are fit for work for purposes of the war now, and for purposes of construction in the forthcoming peace, comes to the foreground more and more.

2. From this knowledge some necessary measures result with the aim of transforming the concentration camps into organisations more suitable for the economic tasks, whilst they were formerly merely politically interested.

3. For this reason I gathered together all the leaders of the former inspectorate of concentration camps, all camp commanders, and all managers and supervisors of work on 23rd and 24th April, 1942; I explained personally to them this new development. I compiled in the order attached the main essentials, which have to be brought into effect with the utmost urgency if the commencement of work for the purposes of the armament industry is not to be delayed.”

Now, the order referred to in that third paragraph set the framework for a programme of relentless exploitation, providing in part as follows; and I now refer to the enclosure appended to the quoted letter which is also a part of Document R-129, found at Page 3, Paragraphs 4, 5 and 6 of the English text, and Page 3 of the German text:-

“4. The camp commander alone is responsible for the employment of the labour available. This employment must be, in the true meaning of the word, exhaustive, in order to obtain the greatest measure of performance. Work is allotted by the Chief of the Department D centrally and alone. The camp commanders themselves may not accept, on their own initiative, work offered by third parties, and may not negotiate about it.

5. There is no limit to working hours. Their duration depends on the kind of working establishments in the camps and the kind of work to be done. They are fixed by the camp commanders alone.

6 .Any circumstances which may result in a shortening of working hours (e.g. meals, roll-calls) have therefore to be restricted to the minimum which cannot be condensed any more. It is forbidden to allow long walks to work, and noon intervals are only for eating purposes.”

The armament production programme we have just described was not merely a scheme for mobilising the manpower potential of the camps. It actually was integrated directly into the larger Nazi programme of extermination; and I wish to refer at this point to our Document 654-PS, being Exhibit USA 218.

THE PRESIDENT: Do you think it will be convenient to break off now for a few minutes?

MR. DODD: Very well.

[A recess was taken.]

MR. DODD: At the recess time I had made reference to Document 654-PS which is Exhibit USA 218. This document is a memorandum of an agreement between Himmler, Reichsfuehrer S.S., and the Minister of Justice, Thierack. It is dated 18th September, 1942. The concept of extermination to which I referred shortly before the recess, was embodied in this document and I wish to quote from Page 1, Paragraph 2.

“2. The transfer of anti-social elements from prison to the Reichsfuehrer for extermination through work. Persons under protective arrest, Jews, Gypsies, Russians and Ukrainians, Poles with more than three-year sentences, Czechs and Germans with more than eight-year sentences, according to the decision of the Reich Minister for justice. First of all the worst anti-social elements amongst those just mentioned are to be handed over. I shall inform the Fuehrer of this through Reichsleiter Bormann.”

Now, this agreement further provided in Paragraph 12 on Page 2 of the English text, and Page 3, Paragraph 14 of the German text, as follows:-

“14. It is agreed that, in consideration of the intended aims of the Government for the clearing up of the Eastern problems, in future Jews, Poles, Gypsies, Russians and Ukrainians are no longer to be tried by the ordinary courts, so far as punishable offences are concerned, but are to be dealt with by the Reichsfuehrer S.S. This does not apply to civil lawsuits, nor to Poles whose names are announced or entered in the German Racial Lists.”

Now, in September, 1942, the defendant Speer made arrangements to bring this new source of labour within his jurisdiction. Speer convinced Hitler that significant production could be obtained only if the concentration camp prisoners were employed in factories under the technical control of the Speer Ministry instead of the control in the camps. In fact, without defendant Speer’s co-operation, we say it would have been most difficult to utilise the prisoners on any large scale for war production, since he would not allocate to Himmler the machine tools and other necessary equipment. Accordingly, it was agreed that the prisoners were to be exploited in factories under the defendant Speer’s control. To compensate Himmler for surrendering this jurisdiction to Speer, the defendant Speer proposed, and Hitler agreed, that Himmler would receive a share of the armaments’ output, fixed in relation to the man hours contributed by his prisoners. In the minutes of the defendant Speer’s conference with Hitler on 20th, 21st, and the 22nd September, 1942, Document R-124, which is Exhibit USA 179, I wish to refer particularly to Page 34 of the English text. These are the defendant Speer’s minutes on this conference. I am quoting from Page 34, Paragraph 36, beginning at the middle of the page, and it is at the top of Page 26 in the German text:-

“I pointed out to the Fuehrer that, apart from an insignificant amount of work, no possibility exists of organising armament production in the concentration camps, because: (1) the machine tools required are missing; (2) there are no suitable premises. Both these assets would be available in the armament industry, if use could be made of them by a second shift.

The Fuehrer agrees to my proposal that the numerous factories set up outside towns for A.R.P. reasons should release their workers for supplementing the second shift in town factories, and should in return be supplied with labour from the concentration camps – also two shifts.

I pointed out to the Fuehrer the difficulties which I expected to encounter if Reichsfuehrer S.S. Himmler should be able, as he requests, to exercise authoritative influence over these factories. The Fuehrer, too, does not consider such an influence necessary.

The Fuehrer, however, agrees that Reichsfuehrer S.S. Himmler should draw advantages from making his prisoners available; he should get equipment for his division.

I suggest giving him a share in kind (war equipment) in ratio to the working hours done by his prisoners. A 3 to 5 per cent. share is suggested, the equipment also being calculated according to working hours. The Fuehrer would agree to such a solution.

The Fuehrer is prepared to order the additional delivery of this equipment and weapons to the S. S., according to a list submitted to him.”

After a demand for concentration camp labour had been created, and after a mechanism had been set up by the defendant Speer for exploiting this labour in armament factories, measures were evolved for increasing the supply of victims for extermination through work. A steady flow was assured by an agreement between Himmler and the Minister of Justice mentioned above, which was implemented by such programmes as the following, and I refer to Document L-61, Exhibit USA 177, and I wish to quote from Paragraph 3. That document, the Tribunal will recall, is the defendant Sauckel’s letter dated 26th November, 1942, to the Presidents of the Landes Employment Offices, and I wish to quote from Paragraph 3 of that letter.

“The Poles who are to be evacuated as a result of this measure will be put into concentration camps and put to work whether they are criminal or asocial elements.”

General measures were supplemented by special drives for persons who would not otherwise have been sent to concentration camps.

THE PRESIDENT: Did you not read that this morning?

MR. DODD: Yes, I did, your Honour. I was reading it again with particular reference to this feature of the proof.

For example, for “reasons of war necessity” Himmler ordered that at least 35,000 prisoners qualified for work should be transferred to concentration camps. I now offer in evidence Document 1063-PS D, which is Exhibit USA 219. This document is a Himmler order dated the 17th December, 1942. The order provides, and I quote in part, beginning with the first paragraph of that document:-

“For reasons of war necessity not to be discussed further here, the Reichsfuehrer S.S. and Chief of the German Police on 14th December, 1942, has ordered that until the end of January, 1943, at least 35,000 prisoners qualified for work, are to be sent to the concentration camps. In order to reach this number, the following measures are required:

(1) Up to this date (so far until 1st February, 1943) all Eastern workers or such foreign workers who have been fugitives, or who have broken contracts, and who do not belong to allied, friendly or neutral States are to be brought by the quickest means to the nearest concentration camps.

(2) The commanders and the commandants of the Security Police and the Security Service, and the chiefs of the State Police Headquarters will check immediately on the basis of a close and strict ruling:

(a) the prisons,

(b) the labour reformatory camps.

All prisoners qualified for work, if it is essentially and humanly possible, will be committed at once to the nearest concentration camp, according to the following instructions, for instance if penal procedures were to be established in the near future. Only such prisoners who in the interest of investigation procedures are to remain absolutely in solitary confinement can be left there.

Every single labourer counts!”

Measures were also adopted to ensure that this extermination through work was practised with maximum efficiency. Subsidiary concentration camps were established near important war plants. The defendant Speer has admitted that he personally toured Upper Austria and selected sites for concentration camps near various munitions factories in the area. I am about to refer to the transcript of an interrogation under oath of the defendant Albert Speer.

THE PRESIDENT: Mr. Dodd, do you understand the last document you read, 1063-PS to refer to prisoners of war or prisoners in ordinary prisons or what?

MR. DODD: We understood it to refer to prisoners in ordinary prisons. In view of the Tribunal’s ruling this morning, I think I should state that, with respect to this interrogation of defendant Speer, we had provided the defendants’ counsel with the entire text in German. It happens to be a brief interrogation, and so we were able to complete that translation, and it has been placed in their Information Centre.

DR. FLAECHSNER (Counsel for defendant Speer): In reference to the transcript of the interrogation the reading of which the prosecutor has just announced, I should like to say the following:-

“It is true that we have received the German transcript of the English protocol, if one may call it a protocol. A comparison of the English text with the German transcript shows that there are, both in the English text and in the German transcript, mistakes which change the meaning and which I believe are to be attributed to misunderstandings on the part of the certifying interpreter. I believe, therefore, that the so-called protocol, as well as the English text, does not actually give the contents of what defendant Speer tried to express during the interrogation. It would, therefore, not further the establishment of the truth should this protocol ever be used.”

THE PRESIDENT: Mr. Dodd, when was the German translation given to counsel for the defendant?

MR. DODD: About four days ago, your Honour.

THE PRESIDENT: Mr. Dodd, is there any certification by the interrogator as to the English translation?

MR. DODD: There is, your Honour. There is a certification at the end of the interrogation by the interrogator and by the interpreter, and by the reporter as well. There are three certifications.

THE PRESIDENT: I think the best course will be in these circumstances to receive the interrogation now. You will have an opportunity, by calling the defendant, to show in what way he alleges, or you allege, that the interrogation is inaccurately translated.

DR. FLAECHSNER: Thank you, sir.

MR. DODD: May I respectfully refer your Honour to the last document in the document book, four pages from the end?

THE PRESIDENT: Which page do you refer to?

MR. DODD: I refer to the page bearing the number 16 of the English text of the transcript of the interrogation and Page 21 of the German text. The answer quoted is:-

“The fact that we were anxious to use workers from concentration camps in factories and to establish small concentration camps near factories in order to use the manpower that was then available there was a general one, but it did not come up only in connection with this trip.” – Exhibit USA 270, i.e. Speer’s trip to Austria.

THE PRESIDENT: I think I ought to say to defendant’s counsel that if he had waited until he heard that piece of evidence read, he would have seen that it was quite unnecessary to make any objection.

MR. DODD: Defendant Goering endorsed this use of concentration camp labour and asked for more. We refer to our Document 1584-PS, Part I, which is Exhibit USA 221. This document is a teletype message from Goering to Himmler dated 14th February, 1944. I quote from the document beginning with the second sentence:-

“At the same time I ask you to put at my disposal as great a number of concentration-camp-(K.Z.) convicts as possible for air armament, as this kind of manpower proved to be very useful according to previous experience. The situation of the air war makes subterranean transfer of industry necessary. For work of this kind concentration-camp-(K.Z.) convicts can be especially well concentrated at work and in the camp.”

Defendant Speer subsequently assumed responsibility for this programme and Hitler promised Speer that if the necessary labour for the programme could not be obtained, 100,000 Hungarian Jews would be brought in by the S.S.

Speer recorded his conferences with Hitler on 6th April and 7th April, 1944, in Document R-124, which is Exhibit USA 179, already in evidence. I quote from Page 36 of the English text, Page 29 of the German text as follows:-

“Suggested to the Fuehrer that, due to lack of builders and equipment, the second big building project should not be set up in German territory, but in close vicinity to the border on suitable soil (preferably on gravel base and with transport facilities) on French, Belgian or Dutch territory. The Fuehrer agrees to this suggestion if the works could be set up behind a fortified zone. For the suggestion of setting up works in French territory speaks mainly the fact that it would be much easier to procure the necessary workers. Nevertheless, the Fuehrer asks that an attempt be made to set up the second works in a safer area, namely, in the Protectorate. If it should prove impossible there, too, to get hold of the necessary workers, the Fuehrer himself will contact the Reichsfuehrer S.S. and will give an order that the required 100,000 men are to be made available by bringing in Jews from Hungary. Stressing the fact that the building organisation was a failure, the Fuehrer demands that these works must be built by the O.T. exclusively and that the workers should be made available by the Reichsfuehrer S.S. He wants to hold a meeting shortly in order to discuss details with all the men concerned.”

The unspeakably brutal, inhuman, and degrading treatment inflicted on Allied nationals and other victims of concentration camps while they were indeed being literally worked to death is described in Document L-159, which is not in the document book. It is an official report prepared by a U.S. Congressional Committee, U.S. Senate Document 47. This Congressional Committee had inspected the liberated camps at the request of General Eisenhower. It will be Exhibit USA 222. 1 would like to quote from the document briefly, first. from Page 14, the last paragraph, and from the first two paragraphs of the English text.

“The treatment accorded to these prisoners in the concentration camps was generally as follows: They were herded together in some wooden barracks not large enough for one-tenth of their number. They were forced to sleep on wooden frames covered with wooden boards in tiers of two, three and even four, sometimes with no covering, sometimes with a bundle of dirty rags serving both as pallet and coverlet.

Their food consisted generally of about one-half of a pound of black bread per day and a bowl of watery soup at noon and night, and not always that. Owing to the great numbers crowded into a small space and to the lack of adequate sustenance, lice and vermin multiplied, disease became rampant, and those who did not soon die of disease or torture began the long, slow process of starvation. Notwithstanding the deliberate starvation programme inflicted upon these prisoners by lack of adequate food, we found no evidence that the people of Germany, as a whole, were suffering from any lack of sufficient food or clothing. The contrast was so striking that the only conclusion which we could reach was that the starvation of the inmates of these camps was deliberate.

Upon entrance into these camps, newcomers were forced to work either at an adjoining war factory or were placed ‘in commando’ on various jobs in the vicinity, being returned each night to their stall in the barracks. Generally a German criminal was placed in charge of each ‘block’ or shed in which the prisoners slept. Periodically he would choose the one prisoner of his block who seemed the most alert or intelligent or showed most leadership qualities. These would report to the guards’ room and would never be heard of again. The generally accepted belief of the prisoners was that these were shot or gassed or hanged and then cremated. A refusal to work or an infraction of the rules usually meant flogging and other types of torture, such as having the fingernails pulled out, and in each case usually ended in death after extensive suffering. The policies described constituted a calculated programme of planned torture and extermination on the part of those who were in control of the German Government …”

I quote next from Page 11 of the English text beginning with the second sentence of Paragraph 2, a description of Camp Dora at Nordhausen; Page 12, Paragraph 1 of the German text, quoting as follows:-

“On the whole, we found this camp to have been operated and administered much in the same manner as Buchenwald had been operated and managed. When the efficiency of the workers decreased as a result of the conditions under which they were required to live, their rations were decreased as punishment. This brought about a vicious circle in which the weak became weaker and were ultimately exterminated.”

Such was the cycle of work, torture, starvation and death for concentration camp labour – labour which the defendant Goering, while requesting that more of it be placed at his disposal, said had proved very useful; labour which the defendant Speer was “anxious” to use in the factories under his control.

The policy underlying this programme, the manner in which it was executed, and the responsibility of the conspirators in connection with it has been dwelt upon at length. Therefore, we should like, at this point, to discuss the special responsibility of the defendant Sauckel.

The defendant Sauckel’s appointment as Plenipotentiary General for Manpower is explained probably first of all by his having been an old and trusted Nazi. He certified in Document 2974-PS, dated 17th November, 1945, which is already in evidence before this Tribunal as Exhibit USA 15, that he held the following positions:

Starting with his membership in the N.S.D.A.P., he was thereafter a member of the Reichstag; he was Gauleiter of Thuringia; he was a member of the Thuringian Legislature; he was Minister of Interior and head of the Thuringian State Ministry; he was Reichsstatthalter for Thuringia; he was an S.A. Obergruppenfuehrer, S. S. Obergruppenfuehrer; he was Administrator for the Berlin-Suhler Waffen and Fahrzeugwerke in 1935. He was head of the Gustloff Werke Nationalsozialistische Industrie-Stiftung, 1936, and the Honorary Head of the Foundation. And from 21st March, 1942, until 1945, he was the General Plenipotentiary for Labour Allocation.

Sauckel’s official responsibilities are borne out by evidence. His appointment as Plenipotentiary General for Manpower was effected by a decree of 21st March, 1942, which we have read and which was signed by Hitler, Lammers, and the defendant Keitel. By that decree Sauckel was given authority as well as responsibility subordinate only to that of Hitler, and Goering, who was the head of the Four Year Plan, subordinate only to those two for all matters relating to recruitment, allocation, and handling of foreign and domestic manpower.

The defendant Goering, to whom Sauckel was directly responsible, abolished the recruitment and allocation agencies of his Four Year Plan and delegated their powers to the defendant Sauckel, and placed his far-reaching authority as deputy for the Four Year Plan at Sauckel’s disposal.

In Document 1666-PS, a second 1666-PS, but of another date, the 27th March, 1942, I ask the Tribunal to take judicial notice of this original decree which is published in the 1942 Reichsgesetzblatt, Part 1, at Page 180:-

“In pursuance of the Fuehrer’s Decree of 21st March, 1942, I decree as follows:-

1. My manpower sections are hereby abolished (circular letter of 22nd October, 1936). Their duties (recruitment and allocation of manpower, regulations for labour conditions) are taken over by the Plenipotentiary General for Arbeitseinsatz, who is directly under me.

2. The Plenipotentiary General for Arbeitseinsatz will be responsible for regulating the conditions of labour (wage policy) employed in the Reich territory, having regard to the requirements of Arbeitseinsatz.

3. The Plenipotentiary General for Arbeitseinsatz is part of the Four Year Plan. In cases where new legislation is required, or existing laws required to be modified, he will submit appropriate proposals to me.

4. The Plenipotentiary General for Arbeitseinsatz will have at his disposal for the performance of his task the right delegated to me by the Fuehrer for issuing instructions to the higher Reich authorities, their branches and the Party Offices, and their associated organisms and also the Reich Protector, the Governor General, the Commander-in-Chief, and heads of the civil administrations. In the case of ordinances and instructions of fundamental importance a report is to be submitted to me in advance.”

Document 1903-PS is a Hitler Decree of 30th September, 1942, giving the defendant Sauckel extraordinary powers over the civil and military authority of the territories occupied by Germany. We ask that judicial notice be taken by this Tribunal of the original decree, which is published in Volume II, Page 510, of the “Verfuegungen/Anordnungen/Bekanntgaben”, published by the Party Chancellery. This decree states as follows :-

“I herewith authorise the Deputy General for the Arbeitseinsatz, Reich Governor and District Leader (Gauleiter) Fritz Sauckel to take all necessary measures for the enforcement of my decree referring to a Deputy General for the Arbeitseinsatz of 21st March, 1942 (Reichsgesetzblatt I, Page 179) according to his own judgement in the Greater German Reich, in the Protectorate, and in the Government General as well as in the occupied territories, measures which will safeguard under all circumstances the regulated deployment of labour for the German war economy. For this purpose he may appoint commissioners to the bureaux of the military and civilian administration. These are subordinated directly to Deputy General for the Arbeitseinsatz. In order to carry out their tasks, they are entitled to issue directives to the competent military and civilian authorities in charge of the Arbeitseinsatz; and of wage policy.

More detailed directives will be issued by the Deputy General for the Arbeitseinsatz.

Fuehrer Headquarters, 30th September, 1942. The Fuehrer, signed Adolf Hitler.”

Within one month after his appointment, the defendant Sauckel sent defendant Rosenberg his “Labour Mobilisation Programme”. This programme – Document 016-PS, already in evidence as Exhibit USA 168 – envisaged a recruitment by force, and the maximum exploitation of the entire labour resources of the conquered areas and of prisoners of war, in the interests of the Nazi war machine at the lowest conceivable degree of expenditure to the German State.

The defendant Sauckel states – and I refer now to the bottom of Page 6 of the English text of that document. It is Page 9, Paragraph 2, of the German text, and I quote as follows:-

“It must be emphasised, however, that an additional tremendous number of foreign labourers has to be found for the Reich. The greatest pools for that purpose are the occupied territories of the East. Consequently, it is an immediate necessity to use the human reserves of the conquered Soviet territory to the fullest extent. Should we not succeed in obtaining the necessary amount of labour on a voluntary basis, we must immediately institute conscription of forced labour.

Apart from the prisoners of war still in the occupied territories, we must, therefore, requisition skilled or unskilled male and female labour from the Soviet territory, from the age of 15 up, for the labour mobilisation.”

Passing to Page 11 of the English text, first paragraph, and Page 17, Paragraph 4 of the German text, I quote directly; as follows:

“The complete employment of all prisoners of war as well as the use of a gigantic number of new foreign civilian workers, men and women, has become an indisputable necessity for the solution of the mobilisation of labour programme in this war.”

The defendant Sauckel proceeded to implement this plan, which he submitted with certain basic directives. He provided that if voluntary recruitment of foreign workers was unsuccessful, compulsory service should be instituted.

Document 3044-PS is the defendant Sauckel’s Regulation No. 4, dated 7th May, 1942. We ask that the Tribunal take judicial notice of the original regulation published in Volume II, Pages 516 to 527 of the “Verfuegungen/Anordnungen/Bekanntgaben”, to which I have previously referred. Reading from Page 1, Paragraph 3, of the English text:-

“The recruitment of foreign labour will be carried out on the fundamental basis of volunteering. Where, however, in the occupied territories the appeal for volunteers does not suffice, obligatory service and drafting must, under all circumstances, be resorted to. This is an indisputable requirement of our labour situation.”

Sauckel provided also for the allocation of foreign labour in the order of its importance to the Nazi war machine. We refer to Document 3044-(A)-PS, which is the defendant Sauckel’s Regulation No. 10, and ask that the Court take judicial notice of the original regulation, published in Volume II, “Verfuegungen/Anordnungen/Bekanntgaben”, at Pages 531 to 533 – Paragraph 3 of this regulation I quote as follows:

“The resources of manpower that are available in the occupied territories are to be employed primarily to satisfy the requirements of importance for the war in Germany itself. In allocating the said labour resources in the Occupied territories, the following order of priority will be observed:

(a) Labour required for the troops, the occupation authorities, and the civil authorities.

(b) Labour required for German armaments.

(c) Labour required for food and agriculture.

(d) Labour required for industrial work other than armaments.

(e) Labour required for industrial work in the interests of the population of the territory in question.”

The defendant Sauckel, and agencies subordinate to him, exercised exclusive authority over the recruitment of workers from every area in Europe occupied by, controlled by, or friendly to the German nation. He affirmed – the defendant Sauckel himself did – this authority in a decree, Document 3044-PS, already in evidence as Exhibit USA 206. I refer to Paragraph 5 on Page 1 of the English text of that document, and I am quoting it directly:-

“The recruitment of foreign labour in the areas occupied by Germany, in allied, friendly or neutral States will be carried out exclusively by my Commissioners, or by the competent German military or civil agencies for the tasks of labour mobilisation.”

THE PRESIDENT: Have not you read that already?

MR. DODD: No, I have not, if your Honour pleases. We have referred to that decree before, but we have not referred to this portion of it.

I am passing to Paragraph 2, 1-a on Page 2, and quoting, again, directly:-

“For the carrying out of recruitment in allied, friendly, or neutral foreign countries, my Commissioners are solely responsible.”

In addition, the following defendant, who was informed by Sauckel of the quotas of foreign labourers which he required, collaborated with Sauckel and his agents in filling these quotas:-

The defendant Keitel, Chief of the O.K.W.-which was the Supreme Command.

We refer to Document 3012-PS-I, which is Exhibit USA 190. This document is the record of a telephone conversation of the Chief of the Economic Staff East of the German Army, and it is dated 11th March, 1943. I wish to quote from the first two paragraphs of the document as follows:-

“The Plenipotentiary for the Arbeitseinsatz, Gauleiter Sauckel, points out to me, in an urgent teletype, that the Arbeitseinsatz in German agriculture, as well as all the most urgent armament programmes, ordered by the Fuehrer, make the most rapid procurement of approximately 1,000,000 women and men from the newly occupied territories an imperative necessity. For this purpose, Gauleiter Sauckel demands the daily shipment Of 5,000 workers beginning on 15th March; 10,000 workers, male and female, beginning 1st April, from the newly occupied territories.”

I am passing down to the next paragraph:-

“In consideration of the extraordinary losses of workers, which occurred in German war industry because of the developments of the past months, it is now necessary that the recruiting of workers be taken up again everywhere with all emphasis. The tendency momentarily noticeable in that territory, to limit and/or entirely stop the Reich recruiting programme, is absolutely intolerable in view of this state of affairs. Gauleiter Sauckel, who is informed about these events, has, because of this, turned immediately to General Field Marshal Keitel on 10th March, 1943, in a teletype, and has emphasised on this occasion, that, as in all other occupied territories, where all other methods fail, a certain pressure must be used by order of the Fuehrer.”

At this point we were prepared to offer a transcript of an interrogation under oath of the defendant Sauckel. The English only, of the transcript of the interrogation has been seen by the counsel for the defendant Sauckel. He has had it, however, for some time, and the excerpts on which we intended to rely were furnished to him as well in German.

If I understood the ruling of the Tribunal correctly, it would be necessary for us to have furnished the entire record in German.

THE PRESIDENT: I think you might use this interrogation, as the excerpts have been submitted in German.

MR. DODD: Yes, they have, your Honour, and the entire English text as well.

THE PRESIDENT: Very well.

MR. DODD: I refer to a transcript of an interrogation, under oath of the defendant Sauckel, held on the morning Of 5th October, 1945, Exhibit USA 224. That is the very last document in the document book. I wish to quote from the bottom of Page 1 of the English text, and Page 1, Paragraph 11 of the German text, as follows:-

Q. Was it necessary, in order to accomplish the completion of the quotas given, to have liaison with O.K.W.

A. I remember that the Fuehrer had given directives to Marshal Keitel, telling him that my task was a very important one, and I, too, have often conferred with Keitel after such discussions with the Fuehrer, when I asked him for his support.

Q. It was his task to supervise the proper performance of the military commanders in the occupied countries in carrying out their missions, was it not ?

A. Yes, the Fuehrer had told me that he would inform the Chief of the O.K.W., and the Chief of the Reich Chancellery, as to these missions. The same applies to the Foreign Minister.”

We are also prepared to offer the transcript of an interrogation of the defendant Alfred Rosenberg. There is this distinction in so far as this record is concerned. While we have supplied the counsel with the German translation of those parts of it which we propose to use, we have not had an opportunity to supply the whole text to counsel. However, they have been supplied with the German of the parts which we propose to use and to offer to this Tribunal.

THE PRESIDENT: Well, you are prepared to do it hereafter, I suppose ?

MR. DODD: Yes, we will, your Honour, as soon as we can get these papers down to their Information Centre.

THE PRESIDENT: Yes.

MR. DODD: The next document is rather lengthy, and I wonder what the Tribunal’s pleasure is. Do I understand that I may proceed with the interrogation ?

THE PRESIDENT: Yes.

MR. DODD: I wish to refer to the defendant Alfred Rosenberg, the Reich Minister for Eastern Occupied Territories, as one who also collaborated with the defendant Sauckel, and specifically, to refer to a transcript of an interrogation under oath of the defendant Rosenberg, on the afternoon of 6th October, 1945, Exhibit USA 187. That record may be found about the third from the last of the interrogation records in the document book, and I wish to read from Page 1 of the transcript:-

Q. Is not it a fact that Sauckel would allocate to the various areas under your jurisdiction the number of persons to be obtained for labour purposes?

A. Yes.

Q. And that, thereafter, your agents would obtain that labour in order to meet the quota which had been given; is that right?

A. Sauckel, normally, had very far-reaching desires, which one could not fulfil unless one looked very closely into the matter.

Q. Never mind about Sauckel’s desires being far-reaching or not being far-reaching. That has nothing to do with it. You were given quotas for the areas over which you had jurisdiction, and it was up to you to meet that quota?

A. Yes; it was the responsibility of the administrative officials to receive this quota and to distribute the allotments over the districts in such a way, according to number and according to the age groups, that they would be most reasonably met.

Q. These administrative officials were part of your organisation, is not that right?

A. They were functionaries or officials of the Reichskommissar for the Ukraine, but, as such, they were placed in their office by the Ministry for the Eastern Occupied Territories.

Q. You recognised, did you not, that the quotas set by Sauckel could not be filled by voluntary labour, and you did not disapprove of the impressment of forced labour; is not that right?

A. I regretted that the demands of Sauckel were so urgent that they could not be met by a continuation of voluntary recruitments, and thus I submitted to the necessity of forced impressment.”

Then, passing a little further down on that page:-

“Q. The letters that we have already seen between you and Sauckel do not indicate, do they, any disagreements on your part with the principle of recruiting labour against their will? They indicate, as I remember, that you were opposed to the treatment that was later accorded these workers, but that you did not oppose their initial impressment.”

THE PRESIDENT: Mr. Dodd, I think you ought to read the next two answers, in fairness to the defendant Rosenberg, after the one where he said he submitted to the necessity of forced impressment.

MR. DODD: Very well, I will read those, your Honour.

THE PRESIDENT: Did you ever argue with Sauckel.

MR. DODD: Yes.

“Q. Did you ever argue with Sauckel that perhaps in view of the fact that quotas could not be met by voluntary labour, the labour recruiting programme be abandoned, except for such recruits as could be voluntarily enrolled?

A. I could not do that because the numbers or allotments that Sauckel had received from the Fuehrer to meet were absolutely binding for him, and I could not do anything about that.”

And then, referring again to the question which I had just read, the answer is as follows:-

“That is right. In those matters I mostly discussed the possibility of finding the least harsh methods of handling the matter, though in no way placing myself in opposition to the orders that he was carrying out for the Fuehrer.”

THE PRESIDENT: I think the Tribunal might adjourn now.

MR. DODD: Very well, your Honour.

[The Tribunal adjourned until 13th December, 1945, at 1000 hours.]

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