A. Field Marshal von Weichs admitted that this was a correct protest and ho agreed to cancel this provision and this provision had fully been cancelled.
Q. Did any difficulties arise regarding any other point?
A. Yes, Mr. Ciocar Markovic moved that the Yugoslavian officers should retain their swords in captivity, but this point was not accepted.
Q. What was the situation in which the Yugoslavian delegates found themselves?
A. The Yugoslavian delegates found itself in a very difficult position, and it was very hard for them.
Q. Did Field Marshal von Weichs show some understanding for this situation?
A. Yes.
Q. How was this expressed?
A. This was expressed in the way of welcome of the delegates and how he talked to them and how he conducted the negotiations. It was not allowed either that pictures of them were taken when they entered the room.
Q. After the war did you go to Yugoslavia again?
A. Yes, in June 1946, I was asked by the Yugoslavian Government to come to Belgrade and to give some information regarding my activities in connection with my work at the German Legation in Belgrade.
Q. Did the Yugoslavian Government reproach you with anything?
A. No, they treated me not only absolutely correctly but also in a very friendly manner. At the end of my interrogation I received a certificate that no reproaches were raised against me for my behavior during my activities with the German Legation.
Q.- I have no further questions to ask.
THE PRESIDENT: Is there any cross-examination?
MR. DENNEY: May we have just a moment, Your Honor?
THE PRESIDENT: Very well.
CROSS-EXAMINATION BY FENSTERMACHER:
Q. Dr. Feine, you were in Belgrade on the 6th of April 1941?
A. Yes.
Q, What happened on that day?
A. On that day, at 7 o' clock, the German air bombardment started on that town.
Q. Do you know whether there was a declaration of war before that bombing began?
A. Yes, I hard that on the wireless --
DR. LATE NSER: I object. I have consciously restricted myself during my examination, to the negotiations for the capitulation, and I, therefore, ask that the Prosecution be advised that it can only examine regarding these points.
THE PRESIDENT: Sustained.
BY MR. FENSTERMANCER
Q. Dr. Feine, did you know where King Peter was at the time the capitulation was signed?
A. As far as I know, he was out of the country.
Q. Was King Peter the head of the Yugoslavian government at that t me? Do you know?
A. He was the monarch of Yugoslavia. He was not the chief of the Yugoslav government.
Q. Was Simovic the prime minister of the Yugoslavian government under King Peter's regime?
A. Yes, he was chief of the government and among other offices he occupied the office of prime minister.
Q. Simovic was not present at the capitulation, was he?
A. He was not resent.
Q. Do you know when he fled the country?
A. He must have fled shortly before the capitulation negotiations started. I cannot tell you the data.
Q. Do you happen to know why he fled?
A. Because of the general collapse.
C. You said that the Yugoslavian delegation at the capitulation seemed to be in difficulties, that they had rather a tough time. Did you mean that the - seemed to be under duress to sign the capitulation?
A. One saw that obviously, especially as regards Cinczar-Markovic, he was under gread mental stress. I happened to knew Cinczar-Markovic from former times.
Q. You said that Markovic three weeks earlier signed a different agreement. Was that the Tri-Partite Fact by which Yugoslavia joined the Axis?
A. Yes, that was that contract. It was signed in Vienna.
Q. Did Simovic, the prime minister at the time the capitulation was signed, ever retrn to Germanny? I beg your pardon to Yugoslavia during the German occupation of that country?
A. No, not to my knowledge, he did not.
Q. Did you see the paper which supposedly gave power from Simovic to Markovic to sign the capitulation with Germany.
A. No, I did not see that myself.
Q. I have not further questions, your Honor.
THE PRESIDENT: Is there anything further desired with this witness by Dr. Laternser or any counsel for any of the other defendants?
REDIRECT EXAMINATION BY DR. SAUTER:
Q. Dr. Sauter for the defendant Geitner. I only have two short questions. Dr. Feine, I am interested in this point. The capitulc.tion which was agreed upon at that time in you presence---was this capitulation carried out? In order words, were all weapons taken from the Yugoslavian army at that time?
A. Yes. The capitulation was carried out in the way it had been agreed upon.
Q. And my second question. During the next months after the instrument of capitulation had been concluded, was there quiet and peace in the country? And when, according to your observations, did the bandit wars start?
A. After the conclusion of the capitulation, there was complete peace in the country. It only became restless during the course of the summer.
Q. Well, how many months?
A. I should say in about June.
Q. When was the conclusion of the armistice?
A. In April.
Q. Two to three months after the armistice, if I have understood you correctly, the bandit was started according to your observation?
A. At least, to a greater extent.
Q. I have no further questions. Thank you.
THE PRESIDENT: There being no other questions desired apparently from other counsel, the witness will be excused. Pardon me, is there any question on behalf of the Tribunal?
JUDGE BURKE: Not any.
THE PRESIDENT: The witness may be excused.
DR. LATERNSER: With the agreement of the Court, I call the witness Dietloff von Winning.
THE PRESIDENT: Very well.
DIETLOFF VOH MINING, a witness, took the stand and testified as follows:
BY THE PRESIDENT:
Q. The witness will kindly raise his right hand, please. I swear by God, the Almighty and Omniscient, that I will speak the pure truth, and will withhold and add nothing.
(The witness repeated the oath.)
Very well, you may be seated.
DIRECT EXAMINATION BY DR. LATERNSER:
Q. Please give your full name.
A. Dietloff von Winning.
Q. Will you kindly spell it?
A. D-i-e-t-l-o-f-f- v-o-n- W-i-n-n-i-n-g
Q. Before you answer my question, would you kindly insert a small pause so that the question can first be translated. Where were you born and when?
A. On the 8th of March, 1909, in Strassbourg.
Q. What is your profession?
A. I was an active officer.
Q. What was your last service rank?
A. Lieutenant colonel.
Q. Where were you mainly during your service in the war?
A. I was first Ib of a division in the Polish campaign. Then Ib of a division in the French campaign.
For a short time, I was Q-2 at the army high command 12, then Q-1 - with the same army high command. Later Q-1 with Army Group E and F. Finally I was chief of a corps in Bavoria and the Tyrol.
Q. You said that you had been Q-1 with ACK-12 and later on were with Army Group E and F. What were the respective dates which you spent with the offices you have just mentioned?
A. From March, 1941 to June 1944.
Q. What were your tasks as Q-I?
A. As 7-1, I had the task to see to the supplying of the fighting troops with all the material necessary for warfare.
Do you know Field Marshal List personally?
A. Yes.
7. Where was the AOK-12 stationed in August, 1940?
A. In August, 1940, AOK-12 was stationed in Besancon and in a spa near Besancon.
Q. Where were you transferred later on?
A. In August we were transferred to Zakopane near Cracow.
Q. And then?
A. On Christmas Eve, 1940, we were surprisingly transferred to Vienna and on Jew Year's Eve we were transferred to Bukarest or Kronstadt.
Q. What campaign was being envisaged at that time?
A. After the transfer to Rumania, we were counting on a campaign against Greece.
Q. And against Yugoslavia?
A. No campaign against Yugoslavia was mentioned at that time.
Q. Why not?
A. Yugoslavia....
MR DEHNEY: Your honor, that hasn't been mentioned. I submit that that is too speculative.
THE PRESIDENT: What is your objection again?
MR. DENNEY. He is asking him why the campaign against Yugoslavia hasn't been mentioned. He just said none was ever mentioned. He said why not? The question is in improper form and the witness is incompetent to testify to it.
THE PRESIDENT: Sustained.
BY DR. LATERNSER:
Q. Did you see any signs pointing to the fact that the campaign was only intended against Greece?
A. Apart from the fact that all conferences and all planning was merely concerned with Greece, after we had marched into Bulgaria, all measures were taken which prevented any violation of the neutrality of Yugoslavia. I remember, for instance, that a special zone was fixed on the Yugoslav-Bulgarian frontier, the width of this zone may have been about ten kilometers which was out of bounds to every German soldier. We also tried to include in our claiming that a break--through the Rupel lass in southern Bulgaria would be prevented by circumventing the Rodope mountains in the Southwest. It would have been necessary for this purpose to enter a tiny part of Yugoslavia. That would have saved quite a lot of blood on both sides because then there would have been no necessity to break through the so-called Metaxas line.
At that time, the 12th Army requested that the Yugoslav government was to be approached for its agreement which would have enabled us to circumvent, to carry out this by-pass. This request was rejected and we were told that the absolute neutrality of Yugoslavia would have to be guaranteed by every means.
The ideas which prompted us in making provisions for the supply of the army, show that a supply of the troops after, for instance, Salonika had been taken, would have become practically impossible. There was no railway line at our disposal to Salonika, and only one road passing through the Rupel pass. We would have to expect that this road would already have been destroyed and apart from that would have been heavily guarded by troops.
For that reason, we tried to get the agreement of the Yugoslav government to be allowed at least to transport medical supplies, supplies, etc. to transport these materials on the railway line Belgrade-Salonika or at least to be allowed to transport our wounded men from Salonika on this railway, since no other supply for the wounded men seemed to be at our disposal. This request too was rejected quite firmly and we were informed that Yugoslavia would have to be kept quite strictly apart from all actual warfare.
Q What time were you talking about just now?
AAll this took place in the period during which AOK-12 was in Bulgaria. That is, immediately before the Greek campaign.
Q Did later on appear any change in policy against Yugoslavia?
A The situation was changed by a coup d'etat in Belgrade. We were told on very short notice that we had to round off troops in the direction of Yugoslavia in order to collaborate with other forces which were to come from Austria to smash the rebellion in Yugoslavia.
Q What were the preparations of the campaign against Yugoslavia?
A We cannot really talk of the preparation in a military sense, since as I have already mentioned we could not enter the frontier zone previously. Therefore, at the starting point, so to speak, there were no troops at all, especially no stocks had been piled up of munition, fuel, etc.
All this had to be done in a couple of days and that was very difficult because of the very bad transportation conditions in Bulgaria.
Q Mr. von Winning, in what capacity did you come to all these conclusions?
A In my capacity as Q-I. I was responsible that the troops which were to be used were supplied with the necessary war materials.
Q Where were you Q-I? Which office were you attached to?
A With the army high command 12.
Q Now we turn to Greece. The cause of the campaign is known. What do you know about the capitulation of the Greek Army?
AAfter Salonika had been conquered, the Greek Army capitulated, which had occupied the Metaxas line. Later on, when the German advance against Athens had made greater progress and the German armed forces were in the rear of the Epirus Army, the Epirus Army capitulated. I remember that for these capitulation negotiations Field Marshal List and some officers of his revenue flew, I believe, to Larissa and there received the capitulation of the Greek Epirus'Army.
The Italians, who had not found themselves bound by these capitulation conferences, therefore did not adhere to this capitulation. I know that Colonel General Jodl who at that time came to Greece in order to conduct renewed capitulation negotiations with the Greeks, was then in agreement with the Italians.
Q After the capitulation was concluded, did the organized resistance of the Greeks then stop?
A Yes. In southern Greece where there were still fights going on with the British and to what extent Greek troops took part in these fights I cannot remember.
Q After the capitulation had been concluded, was everything quiet in Greece?
A It was quiet in Greece after the capitulation had been con cluded.
Q Now what about the destructions in Greece during the campaign?
A In Salonika, I only saw that the harbor was destroyed to some degree and the oil installations in the harbor.
Q And the railway lines?
A The most essential destructions in Greece, those who had the most weighty results, had been carried out on the main line SalonikaAthens by allied troops.
Q Who had carried out these destructions?
A It was either the British or the Greeks. At any rate, our opponents of that time.
Q Were bridges also destroyed?
A Several bridges had been destroyed, especially on this railway line and particularly the so-called Asopos and Bralo bridges.
Q Would you kindly spell these names?
A I spell Asopos Bridge-- A-s-o-p-o-s and Bralo, B-r-a-l-o.
Q On which line were these bridges?
A The Northern third of the line Salonika-Athens.
Q And who destroyed these bridges?
A These bridges had been destroyed by our opponents at that time.
Q Not by the Germans?
A Under no circumstances by the Germans. We found the bridges already destroyed.
Q How were the Greek prisoners of war treated?
A The Greek prisoners of war were released after the capitulation without exception.
Q On whose order did that take place?
A The order had been issued by Field Marshal von List, I assume on the strength of superior orders, or at least in agreement with his superior officers.
Q What could the prisoners retain after the cessation of hostilities?
A The Greek prisoners of war could retain their whole organization.
Q What do you mean by organization?
A I mean that the Greek units were demobilized by their own officers. Further, everything was left to them which was necessary for their supply; on principle, every supply installation, food, and medical facilities. They were also allowed to retain that bulk of their motor transport which was necessary to disperse the Greeks as quickly as possible to their homes.
Q. How was the German Army at that time supplied with transport supplies, etc.?
A. At that time already the German Army lacked very considerably in all these things.
Q. At the conclusion of this campaign, was the country of Greece occupied?
A. After the conclusion of the campaign, Greece was occupied.
Q. Just an intermediate question. Who had occupied Athens?
A. Athens had been occupied by the Germans, but the occupation was carried out very soon after by Italian troops.
Q. And were German troop units in Athens as well, ---- I mean units?
A. In Athens we only retained offices. There were no actual troop units?
Q. What was the relationship of the German Armed Forces to the Greek population?
A. The relationship of the German Armed Forces to the Greek population can only be termed as a very good one, I might say it was of a very friendly nature.
Q. What was the food situation of the Greek population when the entry of the troops took place?
A. The food situation of the Greek population was definitely bad.
Q. Were there any stocks of food?
A. I know that before the start of the campaign considerably restric-tions in the supply of food to the population had been ordered by the Greek government. There were no stock piles, at least no stocks of any importance. Immediately after the occupation of Greece was carried out, official personages of the then Greek Government approached the Army and they explained to us that the Greek people, because of the lack of stocks, had to rely on transports.
Q. You yourself took part in these conferences with the Greek officials?
A. I did not myself take part. The Chief Quartermaster, however, immediately subsequent to these negotations, which he conducted, informed me about the things.
Q. What measures were taken by the military agencies in order to forestall any further shortages of food?
A. First of all we saw to it that the German troops did not live on the land, that they did not use up any food, and that food which was still there was saved for the population. Secondly, the official channels of the Army were used in order to point out to the highest authorities in Germany that an importation of food stuffs would very soon become a definite necessity.
Q. Was food imported later on?
A. Food was currently imported. This was actually a matter for the civilian German offices in Athens, but the measures were supported by us. We supported them especially by trying to bridge any difficulties which might appear by coding food from the Army stocks.
Q. What was the part played by the food supply to the Greek population in regard to the distribution of transport?
A. The greatest obstacle in supplying the Greek population with food were the difficult transport situation. From time to time there were conferences during which the available transport was distributed to those most in need of them.
Q. Of what means of transport are you talking now, are you talking of the Army transport or of which transports?
A. As far as we are concerned with motor transport, I am talking of vehicles belonging to the armed forces. As far as railroad stocks, etc, are concerned I am talking of the trains which were at all in existence, because you could not separate them. In the distribution of the means of transportation the so-called civilian sector, which means the supply of the Greek population, was looked upon equally as all the other sectors which needing transportation.
Q. Were there also cases where transports for the purposes of the armed forces were delayed in order to carry out transports for the Greek population more quickly?
A. This has actually happened all the time, because the needs of the armed forces exceeded the transportation means available. I here recall a particular case in which through the Minister Neubacher, who at times was responsible for the supply of the Greek population, demanded that three trains were eventually to be sent to Athens, although the distribution of the moans of transportation had already been agreed upon for the period in question, and the civilian sector had already been taken care of to a considerable extent. In spite of that, three amunition trains were cancelled from the military program in order to make way for the three civilian olive oil trains.
Q. In what way were the civilian population helped further in order to raise the level of the food situation?
A. An essential factor in the low food situation was played by the fishery.
C. What was done for the fishery?
A. First of all all the boats which could be used for fishery purposes were left to the civilian agencies. The Wehrmacht help to put these boats into working order by supplying material and often the Wehrmacht supplied the necessary fuel from its own stocks. In harvesting, the Wehrmacht often supplies personnel, horses and trucks, without the Wehrmacht claiming part of the harvest for there services.
DR. LATERNSER: Your Honor, won't this be a good moment to take a recess, because I want to turn to another point?
THE PRESIDENT: Very well, we will take our afternoon recess at this time.
(Thereupon a recess was taken.)
THE PRESIDENT: You may proceed, doctor.
BY DR. LATERNSER:
Q. Mr. Von Wenning, shortly before the recess we discussed measures intended to prevent a shortage of food in Greece. What restrictions were imposed on the German soldiers themselves.
A. There were a number of regulations which were to prevent that Greece would, so to apeck, be bought out. There was, for instance, a strict limitation imposed concerning the sending of packages. It was forbidden for the German soldiers to bring any means of currency into Greece and so the German soldiers only had their military pay which was paid to them.
Q. How was the military pay paid to them?
A. The military pay was paid to them in the full amount. However, at a very disadvantageous rate of exchange so that one could only buy very little in the country for what one got. As the inflation progressed the rate of exchange was maintained so that eventually in practice one couldn't really buy anything at all for the military pay.
Q. Did the Army cede to the population food stuffs out of their own stocks?
A. That happened repeatedly, partly in the form of charity feedings. I remember for instance in the severe winter of 1941-42, 30,000 inhabitants of Athens were provided with one meal out of the Wehrmacht stocks; partly food was distributed to large parts of the Greek population.
Q. What was the main reason for that shortage of food?
A. The most important factor for the shortage of food in Greece was the transport difficult. Even when enough food was ready for import it was in most cases impossible to bring that into the country. The reason for that was the the communication and roads in spite of maintenance by German military railway emergency troops was constantly destroyed again and again by Partisans and a further reason was that the Sea route was destroyed by allied submarine activity and air attacks and that could hardly be disposed with.
Q. We now come to the conditions in Athens and I would like to put a few questions. We have already heard a Greek witness concerning this matter who made certain statements. To what extent were the hospitals in Athens requisitions?
A. Only very few hospitals were requisitioned and only inasmuch as it was necessary to accomodate wounded in hospitals; that is, there was no other means of accomodation and where any other accomodation would not have been guaranteed any medical care. This operation on principle was carried out with the consent of the Greek authorities concerned and the period of time which was given for the evacuation for such hospitals was always sufficient so that the Greek hospital inmates could be accomodated elsewhere.
Q. What measures were taken in the sphere of hygiene?
A. The most important one was that in Greece, as far as I am informed, for the first time there was an extensive combat of the illness of malaria on the part of the Germans. For this purpose the population was enlightened on measures they had to take and the German atabrine, a remedy was given to the population from Wehrmacht stocks and the herds of malaria mosquitos were fought by German Hygienic measures.
Q. Were swamps dried out for this purpose?
A. Yes swamps were dried out for this purpose in order to fight the malaria mosquito.
Q. Who was responsible for measures on the cultural sphere?
A. Generally the German civil authorities were responsible but beyond that the Army had a so-called cultural protector; that, was, Dr. von Schoenebeck.
Q. And what did he order?
A. Dr. von Schoenebeck ordered that destructions which had occurred on Greek works of art would be repaired and he further ordered that such works of art which were not properly protected by the population, for instance when they had been brought into damp caves, that such works of art would be re-instated in their old place.
Works of art which were located in places threatened by air attacks would be brought to protected places in Greece and finally his opinion was asked for in matters concerning military constructions. By this it was to avoided that that the troop without knowledge would damage works of art. Schoenebeck on principle ordered these measures with the consent and agreement of the responsible Greek experts. Mostly he made these experts themselves carry out these measures.
Q. Were the soldiers enlightened on this subject?
A. Here too Schoenebeck played a large part. He was asked to hold lectures and issue pamphlets in order to enlighten the soldiers about cultural works and works of art in Greece and on this occasion too instruct them to take care of these things and to try and preserve them.
Q. Were there similar measures carried out?
A. Similar measures were also carried out in the Jugoslav area. Although here there was not such an extensive cause for such measures.
Q. Can you give an example?
A. I recall that one of the objects which contained most works of art in Yugoslovia is the White Castle in Belgrade.
Q. And what was ordered there?
A. A special German officer with a guard was put in this castle and it was his task to make sure that nothing of the works of art contained there would be taken away and that the whole White Castle with all its contents was preserved exactly in the same manner as we had found it.
Q. It is being asserted now that these countries, Greece, Jugoslavia, were plundered and looted.
MR. DENNEY: If Your Honor pleases I don't think Dr, Laternser should say what is being assorted but should ask questions and let them be answered.
THE PRESIDENT: I think the counsel could couch his questions perhaps a little more aptly.
BY DR. LATERNSER:
Q. What was done against looting if and when it took place in Greece?
A. Against looting of each and every kind there was sharp intervention on the basis of military law.
Q. Did it make any difference who was being looted?
A. No, the actual act of looting was prosecuted, that is violation of other people's property. When a punishment was fixed it was not taken into consideration whether the parts of the population looted were friendly or unfriendly or whether it was the property of Jews or somebody else's.
Q, What part did the Jewish problem play in the occupation of Greece?
A. I cannot remember that there was ever any discussion about the Jewish problem in Wehrmacht circles. I do not believe that for instance a mere occasion of purchases made any difference as to whether the merchant was a Jew or not and I cannot remember a single case where it had been investigated, whether the owner of any quarters where we were billeted happened to be a Jew or anything like that,
Q. What did you have to do with camps?
A. Prisoner of war camps in--------?
Q. Now again what did you yourself have to do with camps, in your capacity as Q-I.
A. I had to look after the supplies of camps, mainly food supplies.
Q. What camps existed in Greece?
A. I cannot remember the localities in detail. There were altogether only so-called Dulags.
Q. What is Dulags?
A. Dulags is the abbreviation for Durchgangslager (Transient Camp). Those are camps where the prisoners for a short period are collected in order to be transferred later to the prisoner of war camps in the homeland.
Q. Did concentration camps exist in Greece?
A. I have never heard that expression there and I think it is out of the question that such camps existed there, and they were certainly not under the authority of the Wehrmacht.
Q. Let us assume that they had existed and let us assume that they were under authority of the Wehrmacht. Who in that case would have been in charge of the food supplies for such a concentration camp?
A. Such camps would have been reported in the reports of any subordinate unit which were the basis for the food supply estimates.
Q. Mr. von Wenning, the last question which I had put before the microphone went off, as far as I remember was as follows: Let us assume that a concentration camp did exist and let us assume it was under the authority of the Wehrmacht who in that case would have been in charge of the supply of that camp regarding food.
A. These camps would have been found in the reports pertaining to food supply which I had to work on since I was responsible for the total food supply of the troops in the Balkans.
Q. How about Serbia in this respect?
A. The whole Serbian area at that time was a little out of our sight so to speak. The Commander of Serbia was to a large extent independent and the whole Serbian area was not in our immediate sphere In spite of this I believe that concentration camps in Serbia, if they had been under the authority of the Wehrmacht would have appeared in these reports concerning food supplies and food stocks, and I am sure I would remember that. However, I cannot recall the expression Concentration camps, not for the Serbian area either.
Q. What do you know about the deportation of Greek workers to Germany?
A. Greek labor was being recruited for Germany. I believe that the word deportation should not be used here because they volunteered to come to Germany as workers and there were far more volunteers than could be accepted as Greek workers. That can be clearly seen by a small example which I remember. In our mess a woman happened to work whose son, bis name was Konstantin Gafilli, Q. Please spell the name.
A. (con't). G-a-f-i-l-l-i -----repeatedly tried to get to Germany as a worker and after he did not succeed his mother asked me to try and do something about it and it took several telephone calls on my part to the responsible German administrative office which told me that they had too many of such demands and it took several calls on my part until he was finally accepted.
Q. What did the mother cf this Greek worker tell you?
A. The mother was very grateful to me that she finally succeeded in getting her son to Germany.