We now believe that it is the initial of the defendant Geitner.
Page 18 of the English and page 14 of the German is an order of Bader dated 12 January 1943 to Administration Sub-Area Headquarters 809, subject: "Murder of Mayor of Koprivnica near Zajecar".
"The application is approved.
"For the mayor of Koprivnica murdered on 6 January 1943 ten hostages (5 each of the D.M. and 5 each of the Communist movement) are to be shot to death. The execution is to be published by name of the Administrative Sub-Area Headquarters 809 in the District of Zahecar and in the garrisons of the headquarters Nisch and Leskova. Completion of mission is to be reported. Ten copies of the publication are to be submitted."
Again signed "Bader", and again the "illegible initial" which we believe to be the initial of the defendant Geitner, the Chief of Staff to General Bader.
Turning next to page 19 of the English and page 15 of the German, another order of Bader, this time dated 13 January 1943, to Administrative Sub-Area Headquarters 809:
"For the murder of the mayor of Plavci, ten hostages (5 DM followers and 5 Communists) are to be shot to death." And there follows the same language we have seen in the two previous orders. The last paragraph is different: "Female persons are not to be shot to death either as retaliation prisoners or as hostages."
Signed: "Commanding General and Commander in Serbia, Bader."
Next, on page 20 of the English and page 15 of the German another order of Bader dated 14 January 1943 to the same subordinate Administrative Sub-Area Headquarters 809, "Reference: Your teletype 31/43 secret of 13 January":
"The application is approved.
"The two guards who neglected their duty and three arrested hostages (from the circle of the insurgents) are to be shot to death."
Again the order is signed: "Commanding General and Commander in Serbia, Bader."
Finally on 21 of the English, 16 of the German, is the Bader order, dated 19 January, 1943, this time to administrative Sub-Area Headquarters 610, Your Honors will note also that informational copies of these orders were sent to the first Roval Bulgarian Occupation Corps:
"Reference: Report concerning blasting of bridge near Dunis during the night from 8 to 9 January 1943.
Subject: Reprisal measures.
In reprisal measures for the balsing of the bridge District Headquarters Krusevac is to execute by shooting 10 persons ( 5 D.M. followers, 5 Communists.) Administrative Sub-Area Headquarters is to publish the executions in the district of Krusevac. Report of completion of mission and submission of 10 copies of the publication is requested.
Female persons are not to be shot to death either as retaliation prisoners or as hostages.
The persons arrested who are innocent are to be released.
(Signed B A D E R").
And again the illegible initials, we believe to be that of the defendant Geitner.
Turning next to page 23 of the English, 17 of the German, Document NOKW 1130, Prosecution Exhibit 249, this is an order of the 7 SS Prinz Eugen Division, dated 18 January 1943, Division order:
"The 13th enemy brigade hitherto located in the Uskoken mountains is supposed to have retired into the Bosiljevo area."
I now direct your attention to the term which the Germans are applying to the various units of the enemy. They refer to, "The 13th Enemy Brigade".
9) "When combing through the area to be covered , all male population capable of bearing arms is to be seized without consideration; bearers of arms are to be shot immediately. The other captives are to be brought to the collecting point in Karlovac, which is under the command of SS-Hauptfuehrer Greindl.
Until its liaison with fighting group, West fighting group East will be in charge of deporting the captives to Glina; at which point the captives will be taken over by the Corps."
The distribution of the order is given, and it is signed "The Division Commander".
On page 24 of the English, and 17 of the German, is the Division Commander's Signature, "SS-Gruppenfuehrer Major General of the Waffen-SS"?
Turning next to page 25 of the English, and page 18 of the German document NOKW 899, which becomes Prosecution Exhibit 250, these are letters written by the Commanding General and Commander in Serbia to the Prime Minister of Serbia, "Neditsch".
Turning first to the top of page 26 of the English, and page 19 of the German, in order to give the correspondence its correct chronological order, we have the letter dated 25 December 1942 to the Prime Minister Neditsch:
"The Commanding General has agreed, that in the future, the reprisal measures for attacks by insurgents against persons who are to be considered members of the Serbian government and in which such persons were either wounded or killed, shall be carried out and made known in public by the Serbian government itself.
However, we wish to point out, that the incriminating effect of these reprisals is only reached when the persons designated to be killed are persons with the same political beliefs as the perpetrators. Therefore, it is important to find out in every case whether the perpetrators were Communists or followers of Draza Mihajlovic. In case the government is not able to use Draza Mihajlovic followers for reprisal measures, this will be done by the Germans.
Until further notice is given, the intended orders concerning individual measures of reprisal are to be made known to us; also listing the names of the persons to be killed as reprisal, their age, residence and political group, the act for which the reprisal was taken as well as the place where the execution will be carried out."
The letter is signed, "For the Commanding General and Commander in Serbia, the Chief of the General Staff", by the defendant von Geitner.
Then continuing on the bottom of the page 26 of the English, page 20 of the German, is a letter dated the 22nd of January, 1943, from the Commanding General and Commander in Serbia.
Now, on page 27 of the English, page 20 of the German:
"Enclosed we send a letter to the Prime Minister Nedic for his information.
It is desired that the Serb government itself attended to reprisal measures for the murder of its mayors. Up to now this was not carried out in any single case.
When mayors are murdered to report and the reprisal intended is to be submitted as before. The Commanding General and Commander in Serbia will give orders, depending on the situation, either to the Serbian government or to the German administrative sub-area headquarters, concerning the reprisals to be carried cut. If the reprisal measures are carried out by the Serbian Chiefs of districts, the necessary support is to be given to them in case they ask for it. The carrying out of the operation must always be supervised."
The letter is signed, "For the Commanding general and Commander in Serbia, for the Chief of the General Staff, "illegible signature but there is an initial on the original document which be believe to be that of the defendant Geitner.
Turning now to page 25 of the English, page 18 of the German another letter dated the 22 of January, 1943, from the Commanding General and Commander in Serbia, to the Prime Minister Nedic, Subject Reprisal measures.
If your Honors please this is the enclosure which was referred to on page 27 of the English, page 20 of the German:
"I agree to the petition for shooting to death 10 insurgents as reprisal for the murder of the head of the community of Samaila on 26 December 42.
I ask you to tell the head of the district to get in touch with the administrative district headquarters Kraljevo and to decide about the details. Please have the publication done by your administrative offices and inform us when this has been completed."
The letter is signed, "Bader, General of the Artillery", The initials we have indicated on the English, and I believe on the German document books as being an "H" is instead, the initial "G", which is the initial of the defendant Geitner.
Turning now to page 28 of the English, page 22 of the German, Document NOKW 1099, which becomes prosecution Exhibit 251--
Dr. von JAKWITZ: (for defendant von Geitner: May I ask to stop for a moment before reading the new document, since I would like to compare the photostat with the defendant von Geitner.......
......document shown to defendant von Geitner ....
MR. FENSTERMACHER: Continuing now on page 28 of the English page 22 of the German, we turn with this document, and the next 5 or 6 that follow, to the picture in Croatia during the month of January 1943.
Your Honors will recall that General Lueters is in charge of the German troops in Croatia, General Glaise-Horstenau is the liaison between the German troops and the Croatian Government, and at the same time at higher headquarters, to whom General Lueters reported and was responsible, is General Loehr as Commander in Chief, Army Group E, and the defendant Foertsch, as his Chief of Staff.
On page 28 of the English and 22 of the German, we have an order dated 7 January 1943, from the Commander of the German Forces in Croatia, to this subordinate units. In the top right hand corner of the document is the receipt stamp for the 718th Infantry Division, dated 10 January 1943. The subject of the order is:
The development of the situation in Croatia again necessitates a clarification of the chain of command, together with a summary of the previous directives.
The areas of the 714th and 718th Divisions are operation areas.
Boundaries: German - Italian Demarcation Line. Drina-Save, line Sisak-Bihac (Up to Demarcation line). Separation line between 714th and 718th Divisions as before. Holders of executive power within their area are Major General Fortner and Brigadier General Reichert. The Commander of the German Forces in Croatia reserves to himself the right to issue directives. All armed Croatian units situated in the area designated in par. 1 are subordinated to the Divisions. If possible, some responsibility of their own is to remain with the Croatian headquarters. A breaking up of the croatian units just formed is unwelcome.
The refitting and reorganization, and if necessary the purging of the Croatian Armed Forces is to be carried out vigorously. Ustascha units, as far as has not already been done yet, are to be incorporated into the Croatian Reserve and are to be formed into units not below battalion strength.
Rigorous measures are to be taken against the population.
In unreliable areas the male population from 15 - 50 years is to be lodged in assembly camps. Deportation to Germany is intended."
Partisans and partisan suspects as well as civilians in whose homes arms and ammunition are found, are to be shot immediately" Your Honors will note the next word, in your Honors document book, which is "resp" should be changed to "read" "and/or", and this will be the case throughout the English document books when the abbreviation for the word, "respectively" is used.
It should always be changed to read. "and/or", Partisans and partisan suspects as well as civilians in whose homes arms and ammunition are formed are to be shot immediately and/or are to be handged; their homes are to be burned down."
"Town Headquarters (German, or Croatian in purely Croatian garrisons) are authorized to decide the hour of curfew for the entire population.
In cases of offenses against German regulations, fire arms are to be used ruthlessly and extensively.
Personages of the Croatian State, whose cooperation is not sufficient, are to be arrested for sabotage.
A general notification in the sense of these directives is being forwarded to the divisions. Further directives will be issued by the holders of executive power according to par, 1 The Plenipotentiary German General in Croatia is requested to notify all Croatian Headquarters of this order."
The order is signed, "Lueters," the Commander of the German Forces in Croatia.
MR. FENSTERMACHER: Turning next to Page 30 of the English and Page 24 of the German, Document No. NOKW-1422, which becomes Prosecution Exhibit No. 252. This again is an order of General Lueters as Commander of German Troops in Croatia, dated 7th of January. Your Honor's Document Book should read 7 January 1943, instead of 7 January 1946. Your Honors will note that the code numbers for this order "Ia No. 21/43" are the same as it is for the previous order, which was also dated 7 January 1943. The document which we are about to read we believe to be the order of General Lueters as it was finally sent out. We only need to read Paragraph 4 of this order.
"Severe measures are to be taken against the population.
a) In unreliable areas, the male population from 16 to 60 years of age is to be detained in collection camps. Transfer to Germany is intended.
b) Partisans and partisan suspects as well as civilians, in whose homes, arms and ammunition are found, are to be shot to death or hanged on the spot without formal procedure.
(page 2 of original)
c) Local Headquarters (German or, in exclusively Croatian Garrisons Croatian) are authorized to set curfew for the entire population.
d) In cases of violations of the German regulations, arms are to be employed ruthlessly and extensively.
e) Members of the Croatian State who co-operate insufficiently are to be arrested for sabotage."
MR. FENSTERMACHER: The order is signed "Lueters", and on Page 31 of the English and Page 24 of the German is the distribution list for the order. Your Honors will note that the Commander-in-Chief Southeast (High Command Army Group E) received the eighth copy of this order. Continuing on Page 31 of the English and Page 25 of the German is another order of General Lueters, this time dated 20 June 1943, and it relates to a "Combat and Experience Report Concerning Operation 'Schwarz'". On Page 32 of the English and Page 26 of the German is a detailed tabulation report on the operation to which General Lueters refers.
I think we need not read it in its entirety -- just point out the heading, "Losses and Booty Report Operation 'Schwarz'", the various units subordinated to General Lueters, which took part in the operation, and the German losses as compared with those of the enemy.
DR. FROESE: My name is Dr. Froese, substitute for Dr. Tipp, Defense Counsel for Defendant von Leyser. The Prosecution read just now on Page 24 of the German Document Book, Document No. NOKW-4022. This Document consists of three pages. The first page is a communication from Lueters, the second page of the original, and the last page of the document contains an enclosure to the communication. I would like to point out that on page 2 of the index, where it reads later that also General von Leyser was involved in this, and that the directives of the Commander of the 15th Mountain Corps (Leyser) achieved these aims ruthlessly. As far as the Prosecution intends to incriminate the Defendant von Leyser by this document, I protest against the presentation of this document since General von Leyser was, at this time, not at all active in the Southeast area, and he was later successor of General Lueters, but only for the 15th Mountain Corps, not for the whole authority of power of General Lueters.
MR. FENSTERMACHER: If Your Honors please, we are not offering, at this time, anything against the Defendant von Leyser. There is nothing in the English Document Book, in this document, which relates to General von Leyser, and if there is anything in the German Document Book relating to General von Leyser, it should be disregarded at this time.
THE PRESIDENT: If the Counsel feels that the matter in any way affects General Leyser, it seems to me that is a matter which should receive attention regarding the presentation of the evidence on behalf of the Defendant.
DR. FROESE: Your Honor, I just wanted to point out that there is an error in the index of the document which has just been read.
MR. FENSTERMACHER: If Your Honors will turn to Page 2 of the English Document Book, the top of the page, the description of the Document No. NOKW **22 -- I ask Your Honors to strike out the lines in the index beginning, "Found in files of XVth Mountain Corps (See NOKW971 and 1099); Directive of Commander XVth Mountain Corps (Leyser) to achieve aims through severity and brutal ruthlessness." It relates to nothing which we are offering against the Defendant Leyser at this time.
THE PRESIDENT: Does that satisfy Counsel?
DR. FROESE: Thank you, that suits me.
MR. FENSTERMACHER: Turning now to Page 34 of the English, Page 27 of the German, is Document No. NOKW-971, which is offered as Prosecution Exhibit No. 253. This again is an order of the Commander of German Troops in Croatia, General Lueters, dated 7 January 1943. This document is the same as the two proceeding documents which we have just introduced. This document however, shows the receipt stamp of the 717th Infantry Division, dated 9 January 1943. The text is the same, and I think we need not read it again. Next on Page 36 of the English and Page 30 of the German Document Book, Document No. NOKW957, which becomes Prosecution Exhibit No. 254. This is a situation report from General Lueters in Croatia to the Commander-in-Chief Southeast, who was simultaneous to High Command Army Group E, at this time General Loehr whose Chief of Staff was the Defendant Foertsch. General Lueter's report is dated 10 January 1943 and is a situation report for the period from 27 December 1942 to 6 January 1943. "As enclosure we submit the Situation Report of the period from 27 Dec. 42 to 6 Jan. 43." And the communication is signed "For the Commander of the German Troops in Croatia, The Chief of Staff."
And then on the bottom of Page 36 of the English and Page 30 of the German is the situation report as enclosed, "Estimation of the situation from 27 Dec. 42 to 6 Jan. 43: Political Situation: The development of the situation in the Croatian area once again necessitated a clarification of the orders in the operation area of the German troops with a summary of previous instructions. For the protection of the Wehrmacht in the area of the 714th Infantry Division and the 718th Infantry Division severe measures against the male civilian population were ordered. On the whole the following concentrations can be observed:" And here, again, I direct Your Honors' attention to the designations which the Germans used in referring to the units of the enemy.
"1. 2 Brigades in Samarica supposedly preparing an attack against the railway line Zagreb - Belgrade. From these originate the numerous railway line raids in the area of Sisak.
2. A strong group of Partisans, 5 Brigades, is uniting in the area around Travnik, their direction of action is presumably towards the area of heavy industries Zenica - Zavidovici - Tuzla - Vares.
. . . . . . . . . . .
Teslic was taken by a Brigade of Partisans in a sudden attack during the period covered by the report, but could be taken back in sight of three days due to the counter measures that were quickly carried out and thereby Army economical damage was prevented.
. . . . . . . . . . .
3. Acts of sabotage:
In spite of most careful military security and constant guarding of the railway lines by strong Jagdkommandos and adequate protection of the main railway lines is not guaranteed. This is due to the strength of the enemy and his methodical operations, and our present forces in a terrain which is in part difficult to survey.
The weakness of the Croation Governmental authorities, who out of concern for the life of Franzetic, a member of the government taken prisoner by Partisans, do not dare to apply the necessary force is impeding the execution of intimidating measures against saboteurs of railway lines.
The troop in the area Sunja-Sisak has already taken measures of reprisal against the civilian population living near the railway line. There is an impression that the railway personnel even up to the highest officials in Zagreb are on good terms with Partisans and tip them off as to the transport plans.
The following cases of sabotage and raids happened during the period of the report:
MR. FENSTERMACHER: And Your Honors will note the types of sabotage actions which were committed against the German occupation authority and the number of such attacks. Continuing with "Tactical Situation and Aims: The building up of effective protection for the industrial areas and reestablishment of the railway lino Sarajevo Jajce as well as replenishing the German and Croatian Units (sic). In carrying out the newly decreed instructions against the civilian population, both divisions intend to begin with the arrest of the male population in unreliable areas." The order is signed in draft by General Lueters. Continuing now with the picture in Croatia during the period of January 1943, Page 40 of the English and Page 32 of the German Document Book, Document No. NOKW-958, which becomes Prosecution Exhibit No. 255.
THE PRESIDENT: We will take our morning recess.
(A recess was taken from 1100 to 1115)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: Proceed.
Mr. FENSTERMACHER: You will recall just prior to the recess we were considering Document NOKW-928, Prosecution Exhibit No. 255, at page 40 of the English and 32 of the German. We are concerned factually with Croatia during the month of January 1943. This document is a Situation Report from General Leuters in Croatia, dated 19 January 1943, to the Commander in Chief Southeast. The report itself appears in the middle of the page 40 of the English and page 32 of the German. "Estimate of the Situation from 7th January to 16th January 1943."
1.) Political Situation:
No change.
2.) Enemy Situation:
Offensive activity from the "Partisans-state" situated west of the line of demarkation remained unimportant. In the operation area of the German troops the enemy pressure shifted in the main towards the security area of the 718th Infantry Division. In detail the enemy situation during the period reported on was subject to the following changes:
a) The 2 Brigades reported to be in the Samarica have increased their activity. In addition to fortifying their positions in the North Samarica they are trying to seize arms from the 369th Infantry Division by means of well prepared raids.
. . . . . . . . . . . . . . .
c) During the period reported on several enemy brigades pushed forward to about 20 kilometers southeast and southwest of Banja-Luka, some of which must have reached Banja-Luka via the Vrbanje valley from the direction of Sanski Most and some from the direction of Travnik. The strength of the enemy is estimated to be about 4 brigades."
.............................
Continuing with the report:
3.) Acts of Sabotage:
East of Ruma an especially serious case of sabotage occurred, during the period reported on agains a German train transport, whereby 24 people were killed and numerous people were wounded. As reprisal measures, of 2 of the villages suspected of the act of sabotage one was bombed and the able bodied males of the other were arrested as hostages. One of the latter was shot while attempting to escape. The population was warned by posters and leaflets dropped by plane. As a result of another serious case of sabotage in Syrmia all telephone connections from the Balkans to the Reich were interrupted for 20 hours. As yet measures of reprisal could not be taken because all German troops have left and there are no men in all the suspect villages. For the rest the sabotage activity has not changed since the last report.
And then there follows a table of the cases of sabotage and raids which have occurred, and the number of such acts of sabotage and raids, it's on page 42 of the English and 32 of the German, and the report is signed "Luters, General of the Infantry," Page 43 of the English, page 33 of the German, NOKW-1037, which becomes Prosecution Exhibit 256.
This first portion of the document is an Order dated 12 January 1943 from the Commander of the German troops in Croatia. The receipt stamp of the 718th Infantry Division showing the receipt of the order on the 14 January 1943, appears on the right hand portion of the document. The order is concerned with the method of combat in the Croatian area. And this order, Your Honors, please, the Prosecution believes to be representative of the type of orders which resulted in the acts in the documents which have been described up to now, and which we will continue to be concerned with and describe.
1.) The total war situation requires the pacification of the Croatian area. A spread of the present focal point of infection toward the north may seriously impair the main railroad line, and check the flow of supplies for the entire Balkan and for Crete and thereby lead to the collapse of the entire axis position in the southeast.
2.) Consequently rapid and thorough measures arc necessary. These must be severe, since obviously Partisan and Cetnik terror has been more effective up to now than the law-abiding methods of the occupation troops.
3.) Consequently the following directives are valid for the Croatian area:
a) Any measure seemingly required for the security of the troops and for pacification is justified. In the area of operations, if necessary, formal law and even the sovereignty rights of the Croatian state must yield to this necessity. In the interest of real pacification the last mentioned (the disregard of Croatian sovereignty --) is to be done only in exceptional cases. Extensive and responsible cooperation of Croatian military and civilian offices is desired.
b) No one is to be called to account for over-severe measures; of course this does not cover any action showing a dishonorable attitude (for instance personal profit, mistreatment of women and children); in such cases severe measures will have to be taken.
c) By means of continuously combing through the country all men capable of bearing arms must be removed from the country as soon as possible.
d) The main mission of the occupation troops is the protection of plants vital to the war economy. They must remain in operation. All other economic problems will take a back place be hind military necessities.
4.) Treatment of the Population:
Anybody who has participated in the fight against the occupation troops or against the Croatian State is to be hanged or to be shot to death. This also includes all non-residents or anyone else encountered on the field of battle.
People suspected of participation are to be arrested. Leaders are to be kept with the Division as exchange prisoners, the other suspects so as to be shot to death in case of reprisal measures (hostages).
All other men capable of bearing arms (from 15 years of age) are to be deported from Partisan suspect territories into special collection camps under guard.
The divisions will be responsible for providing guards, rations, etc. until the delivery to the collection camps.
Villages which are difficult to reach as well as other points established as Partisan support points or otherwise suitable (caves, barrack camps, etc.) are to be destroyed. The same applies to villages from which shots were fired. Beyond that villages are to be destroyed only if the Division Commander has ordered it especially as a reprisal measure.
6.) Booty:
The Commander of German troops in Croatia alone disposes over the entire booty (arms, equipment, cattle, food, etc.) The troops may appropriate their required amounts within the limits of the allotted rations simultaneously reporting it to the Commander (Qu.)
However arms are to be turned over to the captured material collection point without exception.
Supplies which the troops cannot transport and where there is danger that these again will give valuable assistance to the Partisans are to be destroyed.
7.) The above directives are to be communicated to all subordinate Croatian soldiers and to those participating in the commitments in Croatia. Each one must understand throughly that quiet and order can be restored only by the application of most severe measures and that only by this method can further losses of comrades as well as of the really innocent parts of the population be avoided.
The order is signed "Leuters," and the distribution is Down to Battalion Level, page 45 of the English, and page 36 of the German is the passing on of the Leuters Order by the order 718 Infantry Division. The distribution by the Division of the Leuters Order dated 18 January 1943:
"The Commander of the German Troops in Croatia on 12 January 1943 has decreed:"
And then there follows the same order we have just been looking at with the exception of the beginning on page 47 of the English and page 37 of the German which begins, "Implementation by Division":
"Once again attention is drawn to the fact that everybody who has acted energetically and decisively will be covered by me, but that officers and men who have harmed or caused disadvantage to the Croatian state, to German or Croatian troops by cowardice, inability of decision, or inactivity will be called to account by me without consideration, be placed before a court martial and without regard to rank, social standing or origin be sentenced mercilessly."
And this order of the division is signed in draft by the Division Commander Fortner.
We continue now on page 49 of the English and page 38 of the German, document NOKW-1031 which is offered as prosecution Exhibit 257, and now with these and the next five or six orders we turn again to the situation in Serbia where General Bader is Commanding General assisted by his Chief of Staff, the defendant Geitner. The document on page 49 of the English and page 38 of the German is a notice printed in both the German language and the Jugoslavian language:
"By order of the Commanding General and Commander in Serbia the following is brought to the attention of the population:
"Since the O.T. (Organization Todt) driver BRAUN had not returned as of 1 January 43.
"A TOTAL OF 50 FOLLOWERS OF DRAGA MIHAJLOVIC AND COMMUNISTS WERE SHOT TO DEATH -
"by 25 January 1943 -- as was threatened in the notice of 21 December 1942."
And the notice is posted: "Posarevac, 1 February 43" and is signed: "The District Commander Clausen, Major."
On page 50 of the English, page 39 of the German, Document NOKW1027 is offered as prosecution exhibit 258. This is again a printed public notice similar to the preceding document. This proclamation is dated "Belgrade 19 February 1943" and is signed : "The Commanding General and Commander in Serbia."
"On the forenoon of 15 February 1943 a passenger car of the German Wehrmacht was attacked by Communist Bands on the road of Petrovac -- Pozarevac near Toponica. The four passengers, 2 officer, 1 non-commissioned officer and 1 enlisted man were murdered and robbed insiduously, the vehicle was set afire. As a reprisal measure, 400 Communists have been shot to death today in Belgrade."
Your honors will note that there were 4 men killed, 400 persons shot in reprisal were at the ratio of 100 to 1; and the date is February 1943.
"The village of Toponica was partly burned down. Several hundred persons arrested, who were seized in the District Area Pozarevac, will not return to their villages but will be given worthwhile employment elsewhere. The curfew for the District of Poazrevac has been set at 1800 hours until further notice. The German Wehrmacht is not willing to watch passively the disastrous activity of the Communists and of other insurgents."
Turning now to page 51 of the English and page 49 of the German, Document NOKW-1249, which becomes prosecution Exhibit No. 259, these are situation reports of the 704th Infantry Division, the first one dated, "In the Field 17 February 1943.
The sources of information for the report are listed: "Reports of the troops, Reports of Confidential Agents, Results of Interrogations, Enemy documents, Reports from Police Offices, from Counter-Intelligence Report, Centers and from Administrative Officers."
Under sub-paragraph "d", "Special Events", page 52 of the English and page 40 of the German, the text of the report relates to the proclamation which have just been noticing. The proclamation dated 15 February 1943 relating to the execution of 400 Communists for the --in reprisal for the death of 400 insurgents.
"Action against the German Wehrmacht. Attack by a Communist band, evidently composed of 12 men and 1 women probably belonging to Sima Simic, on the command car of the Commanding Officer of the 724th Grenadier Regiment on 15 February 43 near Toponica, 14 kilometers SouthSoutheast Pozarevac. The 4 passengers, Colonel Hensel, another Officer, 1 non-commissioned officer, 1 enlisted man were murdered and robbed and the car was set on fire. As a reprisal measure, 400 men will be shot dead in Belgrade by the SD. 240 Serbian male civilians from the area South of Pozarevac were arrested and turned over to the SD in Belgrade. These people should not return to their villages but are to be sent for compulsory labor at the proper place by the Plenipotentiary General for Economics in Serbia.
The village of Toponica was partly burned down. The curfew for the District of Pozerevac has been established for from 1800 to 0500 hours. The population has to count on additional and reprisal measures if it does not fulfill its obligation to report all observations regarding the insurgents in the interest of the Serbian country."
Continuing with the report, on page 53 of the English, page 40 of the German:
"A captured bandit, who participated in the kidnapping of two members of the Luftwaffe of the weather station Kapetanski Dr. Milanovac, states that the two soldiers had been dragged along alive for four days and then had been be ten to death with rifle butts on the road from Rudna Glava to Majdanpek, one hour by road from Rudna Glava."
Under "D.M.Movement: Did not show up much. The order to refrain from attacking German Troops strictly obeyed. Despite numerous operations in areas in which many D. M. Trojkas are present, the troops have as yet been unable to make contact with the enemy."
Under "Own Losses: Troops, 4 dead, 1 wounded; Serbian Volunteer Corps, 1 dead, None wounded; Organization Todt, None dead, 1 wounded (died in hospital):
"Enemy Losses: (including people shot to death by the troops for possession of arms), 55 dead, 8 wounded."
"Additional dead and wounded of D.M. units to be assumed but could not be ascertained. In addition, 21 bandits arrested while carrying arms shot to death by SD in Pozarevac. Arrests: 328."
And the report is distributed: "Down to Battalions and independent units."
Page 54 of the English and page 41 of the German, we have another and extremely important report of the 704th Infantry Division, this time dated 26 February 1943. The subject is: "Enemy Situation Reports from 17 to 26 February 1943."