No. 2-A in the Matter of the United States of America
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal 2-A. Military Tribunal 2-A is now in session. God save the United States of America and this Honorable Tribunal.
THE PRESIDENT: Military Tribunal 2-A will come to order and proceed with the arraignment of the defendants in Case No. 9. The SecretaryGeneral will call the roll of the defendants.
THE SECRETARY GENERAL: Each defendant will stand and answer "present" when his name is called, except in the case of Otto Rasch, who may remain seated. Otto Ohlendorf. Answer present.
OTTO OHLENDORF: Yes.
THE SECRETARY GENERAL: Be seated. Heinz Jost.
HIENZ JOST: Yes.
THE SECRETARY GENERAL:Erich Naumann.
ERICH NAUMANN: Yes.
THE SECRETARY GENERAL: Otto Rasch. Remain seated.
OTTO RASCH : Yes.
THE SECRETARY GENERAL: Erwin Schulz.
ERWIN SCHULZ: Yes.
THE SECRETARY GENERAL: Franz Six.
FRANZ SIX: Yes.
THE SECRETARY GENERAL: Paul Blobel.
PAUL BLOBEL: Yes.
THE SECRETARY GENERAL: Walter Blume.
WALTER BLUME: Yes.
THE SECRETARY GENERAL: Martin Sandberger.
MARTIN SANDBERGER: Yes.
THE SECRETARY GENERAL: Willy Seibert.
WILLY SEIBERT: Yes.
THE SECRETARY GENERAL: Eugen Steimle.
EUGEN STEIMLE: Yes.
THE SECRETARY GENERAL: Ernst Biberstein.
ERNST BIBERSTEIN: Yes.
THE SECRETARY GENERAL: Werner Braune.
WERNER BRAUNE: Yes.
THE SECRTARY GENERAL: Walter Haunsch.
WALTER HAENSCH: Yes.
THE SECRETARY GENERAL: Gustav Nosske.
GUSTAV NOSSKE: Yes.
THE SECRETARY GENERAL: Adolf Ott.
ADOLF OTT: Yes.
THE SECRETARY GENERAL: Eduard Strauch.
EDUARD STRAUCH: Yes.
THE SECRETARY GENERAL: Emil Haussman.
MR. FERENZ: May it please your Honor, the prosecution has been informed that Emil Haussman,named as a defendant, died subsequent to the filing of the indictment.
THE PRESIDENT: The record will show that the defendant Emil Haussman died subsequent to the filing of the indictment and prior to this date or arraignment so that all proceedings arising out of this indictment will cease as of the date of his death.
THE SECRETARY GENERAL: Waldemar Klingelhoefer.
WALDEMAR KLINGELHOEFER: Yes.
THE SECRETARY GENERAL: Lothar Fendler.
LOTHAR FENDLER: Yes.
THE SECRETARY GENERAL: Waldemar von Radetzky.
WALDEMAR VON RADETZKY: Yes.
THE SECRETARY GENERAL: Felix Ruehl.
FELIX RUEHL: Yes.
THE SECRETARY GENERAL: Heinz Schubert.
HEINZ SCHUBERT: Yes.
THE SECRETARY GENERAL: Mathias Graf.
MATHIAS GRAF: Yes.
THE SECRETARY GENERAL: May this Honorable Tribunal please, all defendants except Emil Haussman are present and in the dock.
THE PRESIDENT: Very well. The prosecution will now proceed with the reading of the indictment and the defendants will attend to the reading of the charges lodged against them.
MR. FERENZ:
"Military Tribunal Case No. 9 OTTO OHLENDORF, HEINZ JOST, ERICH NAUMANN, OTTO RASCH, ERWIN SCHULZ, FRANZ SIX, PAUL BLOBEL, ALTER BLUME, MARTIN SANDBERGER,WILLY SEIBERT, EUGEN STEIMLE, ERNST BIBERSTEIN, WERNER BRAUNE, ALTER HAENSCH, GUSTAV NOSSKE, ADOLF OTT, EDUARD STRAUCH, WALDEMAR KLINGELHOEFER, LOTHAR FENDLER, WALDEMARVON RADETZKY, FELIX RUEHL, HEINZ SCHUBERT, and MATHIAS GRAF.
OFFICE OF MILITARY GOVERNMENT FOR GERMAN (US)
"AMENDED INDICTMENT "The United States of America, by the undersigned, Telford Taylor, Chief of Counsel for War Crimes, duly appointed to represent said Government in the prosecution of war criminals, charges that the defendents herein committed Crimes against Humanity and War Crimes, as defined in Control Council Law No. 10, duly enacted by the Allied Control Council on 20 December 1945.
These crimes included the murder of more than one million persons, tortures, atrocities, and other inhumane acts, as set forth in Counts One and Two of this indictment. All of the defendants are further charged with membership in criminal organizations, as set forth in Count Three of this indictment."
THE PRESIDENT: Mr. Ferenze, in view of the fact that we have already had the roll-call of the defendants it seems unnecessary to me that you read again the names of the defendants as they now follow in the indictment and if we hear no objection we will proceed immediately to a reading of the counts beginning on page 6.
MR. FERENZ: Yes.
THE PRESIDENT: Very well.
MR. FERENZ: Count One - Crimes against Humanity.
1. Between May 1941 and July 1943 all of the defendants herein committed Crimes against Humanity, as defined in Article II of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with: atrocities and offenses, including but not limited to, persecutions on political, racial, and religious grounds, murder, extermination, imprisonment, and other inhumane acts committed against civilian populations, including German nationals and nationals of other countries.
2. The acts, conduct, plans and enterprises charged in paragraph 1 of this Count were carried out as part of a systematic program of genocide, aimed at the destruction of foreign nations and ethnic groups by murderous extermination.
3. Beginning in May 1941, on the orders of Himmler, special task forces called "Einsatzgruppen" were formed from the personnel of the SS, the SD, the Gestapo , and otherpolice units. The primary purpose of these groups was to accompany the German army into the E astern territories, and exterminate Jews, Gypsies , Soviet officials, and other elements of the civilian population regarded as racially "inferior" or "politically undesirable."
4. Initially four Einsatzgruppen were formed, each of which supervised the operation of a number of subordinate units called "Einsatz kommandos" or "Sonderkommandos."
Some Einsatzgruppen had, in addition, other units for special purposes. Each Einsatzgruppe together with its subordinate units consisted of about 500 to 800 persons. Einsatzgruppe A, operating mainly in the Baltic region, included Sonderkommandos 1a and lb and Einsatzkommandos 2 and 3. Einsatzgruppe B, operating mainly in the area towards Moscow, included Sonderkommandos 7a and 7b, Einsatzkommandos 8 and 9, and special units named Vorkommando Moscow, (also known as Sonderkommando7c) and Trupp Smolensk. Einsatzgruppe C, operating mainly in the area towards Kiew, included Sonderkommandos 4a and 4b and Einsatzkommandos 5 and 6. Einsatzgruppe D, operating mainly in the area of sourthern Russia, included Sonderkommandos 10a and 10b and Einsatzkommandos 11 a, 11b and 12.
5. All of the defendants herein, as officers or staff members of one or more Einsatzgruppen or their subordinate units, committed murders, atrocities, and other inhumane acts as more specifically set forth in Paragraphs 6 to 9 , inclusive, of this Count.
DR. HANSSURHOLT: May I please have a word? The defense of the defendant Dr. Rasch calls the attention of the Court to the fact that the defendant is not in a position to attend the Court. The defense has made an application on 8 Sept. that the proceedings against Dr. Rasch be severed. The defendant was brought in this morning and the momentary condi tion of the defendant gives the defense reason to point out that he cannot attend the proceedings any further.
THE PRESIDENT: Are you satisfied that he is not in physical condition to attend the balance of the proceedings this morning which may not endure longer than an hour?
DR. SURHOLT: The defendant has just told me that owing to his condition he is not in a position even to understand the words of the prosecutor. He can't hear them .
THE PRESIDENT: Then do you make the representation that he is not in physical condition to be arraigned this morning?
DR. SURHOLT: I don't think so but I am prepared to represent him and the defendant has consented to that.
THE PRESIDENT: Then you ask that he be excused from the Courtroom for the rest of the proceeding this morning?
DR. SURHOLT: Yes, I ask for that.
THE PRESIDENT: Very well. The defendant Otto Rasch because of his physical condition will be excused from attendance this morning and he will be arraigned at a later date individually, will attendants escort the defendant Otto Rasch from the Courtroom? (the defendant Otto Rasch was escorted from the Courtroom) You may continue, Mr. Ferenz. BY MR. FERENZ:
"6. Einsatzgruppe A and the units under its command committed murders and other crimes which included, but were not limited to, the following;
(A) During the period 22 June 1941 to 15 October 1941 in Lithuania, Latvia, Esthonia and White Ruthenia, Einsatzgruppe A murdered 118, 430 Jews and 3, 398 Communists.
(B) On or about 4 July 1941 in the City of Riga, Sonderkommando 1a and Einsatzkommando 2, together with auxiliary police under their command, carried out pogroms in which all synagogues were destroyed and 400 Jews were murdered.
(C) During October 1941 in Esthonia, Einsatzkommando 1a, together with Esthonian units under their command, committed murders pursuant to a program for the extermination of all Jewish males over sixteen except doctors and Jewish elders.
(D) During the period 7 November 1941 to 11 November 1941 in Minsk, Sonderkommando 1b murdered 6, 624 Jews.
(E) During the period 22 June 1941 to 16 January 1942 in its operational areas, Einsatzkommando 2 murdered 33,970 persons.
(F) On 30 November 1941 in Riga, 20 men of Einsatzkommando 2 participated in the murder of 10,600 Jews.
(G) During the period 22 June 1941 to 19 September 1941 in Lithuania, Einsatzkommando 3 murdered 46,962 persons.
(H) During the period 22 June 1941 to 10 August 1941 in the area of Kauen and Riga, Einsatzgruppe A murdered 29,000 persons.
(I) During the period 2 October 1941 to 10 October 1941 in the vicinity of Krasnowardeisk, Einsatzgruppe A murdered 260 persons.
(J) During the period 15 October 1941 to 23 October 1941 in the vicinity of Krasnowardeisk, Einsatzgruppe a murdered 156 persons.
(K) During the period 24 October 1941 to 5 November 1941 in the vicinity of Krasnowardeisk, Einsatzgruppe A murdered 118 persons.
(L) On 20 November 1941 in the vicinity of Krasnowardeisk, Einsatzgruppe a murdered 855 persons.
(M) In about December 1941 in the ghetto in Witebsk, units of Einsatzgruppe A murdered 4,090 Jews.
(N) On 22 December 1941 in Wilna, units of Einssatzgruppe A murdered 402 persons including 385 Jews.
(O) On 1 February 1942 in Loknia, units of Einsatzgruppe A murdered the 38 gypsies and Jews remaining there.
(P) On 2 and 3 March 1942 in Minsk , units of Einsatzgruppe A murdered 3, 412 Jews.
(Q) On 2 and 3 March 1942 in Baranowitschi, units of Einsatzgruppe A murdered 2,007 Jews.
(R) On 17 March 1942 in Ilja, east of Wilaika, units of Einsatzgruppe A murdered 520 Jews.
(S) On or about 7 April 1942 in Kauen and Olita, Lithuania, units of Einsatzgruppe A murdered 44 persons.
(T) During the period 10 April 1942 to 24 April 1942 in Latvia, units of Einsatzgruppe A murdered 1,272 persons, including 983 Jews 204 Communists and 71 Gypsies.
7. Einsatzgruppe B and the units under its command committed murders and other crimes which included, but were not limited to, the following:
(A) In about July 1941 in the city of Minsk, units of Einsatzgruppe B murdered 1,050 Jews and liquidated political officials, "Asiatics" and others.
(B) During the period 22 June 1941 to 14 November 1941 in the vicinity of Minsk and Smolensk, Einsatzgruppe B murdered more than 45,467 persons.
(C) On 15 October 1941 in Mogilew, units of Einsatzgruppe B murdered 83 "Asiatics."
(D) On 19 October 1941 in Mogilew, units of Einsatzgruppe B participated in the murder of 3,726 Jews.
(E) On 23 October 1941 in the vicinity of Mogilew , units of Einsatzgruppe B murdered 279 Jews.
(F) During the period 22 June 1941 to 14 November 1941 in its operational areas, Sonderkommando 7a murdered 1,517 persons.
(G) In September or October 1941 in Sadrudubs, Sonderkommando 7a murdered 272 Jews.
vicinity of Klinzy, Sonderkommando 7a murdered 1,585 Jews and 45 Gypsies. areas, Sonderkommando 7b murdered 1,822 persons. White Ruthenia, Sonderkommando 7b murdered 216 Jews. Bryansk, Sonderkommando 7b murdered 82 persons, including 27 Jews. areas, Einsatzkommando 8 murdered 28,219 persons. 8 murdered 627 Jews and 812 other persons. participated in the murder of 113 Jews. 912 Jews.
THE PRESIDENT:Mr. Ferenz, I would suggest that it is not necessary to read the letter which proceeds each paragraph; merely read the text.
MR. FERENZ: Yes, sir. 8 murdered 822 Jews. of Mogilew, Einsatzkommando 8 murdered 1,609 persons, including 1,551 Jews and 33 Gypsies. began murdering Jews and by 25 October 1941, 3000 Jews had been executed of Witebsk, Einsatzkommando 9 murdered 273 persons, including 170 Jews. operational areas, the Group Staff of Einsatzgruppe and the Vorkommando Moscow murdered 2,457 persons.
of Smolensk, the Grup Staff of Einsatzgruppe B and the Vorkommando Moscow murdered 144 persons. gruppe B and the Vorkommando Moscow murdered 144 persons. Einsatsgruppe B and the Vorkommando Moscow murdered all male Jews. Roslawl, Vorkommando, Moscow murdered 52 persons. Smolensk, Trupp Smolensk murdered 60 persons, including 18 Jews.
If your Honors, please, Mr. Walton will now continue with the reading of the indictment.
THE PRESIDENT: Very well.
MR. WALTON: Paragraph 8. Einsatzgruppe C and the units under its command committed murders and other crimes which included, but were not limited to, the following: of Shitomir, Novo Ikrainia and Kiew, Einsatzgruppe C murdered more than 75,000 Jews. Jews and confiscated their clothing and valuables. Shitomir, Sonderkommando 4a murdered 2,531 persons. areas, Sonderkommando 4a murdered more than 51,000 persons. Sokal and Luck, Sonderkommando 4A murdered 3000 Jews 317 Communists. Jews between the ages of 12 and 60.