DR. FRITSCH: I shall now read Document 11, in Volume I, which has been marked Exhibit 10.
"On 8 September 1944 I was captured by Tito-Partisans at Derwenta which is situated between Brod and Sarajevo, because the Domobrans had surrendered. We were approximately 40 Soldiers among whom there were 7 other officers and I. The treatment which we received was bestially cruel. First of all, we were robbed; most of us were left only a shirt and shorts. We had neither socks nor shoes. For fourteen days and nights these 40 men tied to a long rope with their hands and part of the time our feet were tied too. Thus we had to march 30 kilometers, barefoot, we were put into indescribable places, for example five days in a chicken-coop which was so small that we had to take turns sitting down. We were mistreated most severely, one permitted that fourteen-year-old boys would take out their rage on us by beating us, who were defenselessly tied, with canos and kicking us with their feet. We were kicked and beaten into our faces and below the belt. Thus, one broke three ribs of a First Lieutenant. After two weeks I was sent to a Partisan hospital and was liberated there when the 2nd Panzer-Infantry Battalion advanced. According to a report to the Commandant of said battalion my seven comrades were shot in Prinjawer several hours after my successful escape. Unfortunately I have not succeeded so far in finding the Commandant who, as I have heard, may have been killed in action. He could have certified this report" This affidavit was given on 12 September 1947 to a Notary in Gronau, Westphalia, and was sworn to there.
The next document will be Rendulic Document 12, Volume I, and I shall give it Exhibit 11. This is an affidavit by Dr. Gerhard Wendel, a surgeon.
Dr. Wendel was staff-physician in the reserve, and was in charge of the surgical department of the field hospital of the 2nd Panzer Army. I shall begin with the second paragraph:
"From the beginning of 1944 I was at the Sub-hospital Vranjska-Panja. This hospital was clearly identified by Red Cross flags which could be seen from a long distance. The existence of the hospital was well-known to the civilian population within a circle of 50 kilometers and they came a long distance in order to ask for medical aid which in fact was granted them. There were no German troops either in the village itself or in the immediate environment. In the night of Easter Sunday to Easter Monday 1944, the night of 8/9 April 1944, the first attack by the Partisans occurred at dusk. They attached the hospital with mortars and infantry weapons from two directions.
The hospital was defended by patients who were able to walk, and these Partisans who had come close enough to throw handgernades were beaten back. These attacks were repeated several times and beginning with the summer of 1944 occurred also during the day-time. The attacks only could be repelled by bringing in German re-enforcements whenever an attack was to come. We knew that an attack would take place whenever the civilian population was asked by the partisans to leave the village at dusk. These attacks became more frequent and stronger and the hospital had to be moved to Skoplje in the beginning of September 1944. In the summer of 1944 three German soldiers of the Luftwaffe Were missing at a neighboring village. They belonged to a unit which repaired interrupted telephone-communication lines. A Searching party found their automobile in an abyss, the three soldiers dead and without clothes in a cistern. The bodies were brought to my hospital where I examined them.
They were identified by soldiers of their company. The bodies were already in an advanced state of decomposition and the heads showed large wounds. I could not ascertain if these wounds had been afflicted before or after the death of the soldiers.
And in the last paragraph the afficant has reference to an incident which occurred in Vransjka-Banja, when the station and the hospital were attacked. The affidavit has been sworn to before my assistant Dr. Oskar von Jagwitz on the 13th October.
The next document, Document 13, in volume I, is offered as Exhibit 12. Here we have an affidavit given by Otto Meerpohl. Meerpohl was an officer in the Balkans and belonged to the 7th SS Division. The Tribunal will remember that the 7th SS Division has been mentioned before as a unit subordinate to the 2nd Panzer Army. I shall read two:
During the time that I was there, August 1943 to March 1944, the 7th SS Division was involved in guerrilla warfare with TITO'S troops. Since I had come from the eastern theater of operations, I was here confronted by an entirely different picture. It was warfare without any fronts. The partisans appeared all over the place. The battles were characterized by the cunning methods of fighting practised by TITO's troops. The battles were made even more complicated as a result of the fact that part of the civilian population also took part on TITO's side. In 1943, some of the partisans wore uniform (old Serbian uniform), and many were in civilian clothes. It was only in 1944 that their clothing became more uniform.
The affiant then reports matters similar to those reported by other affiants, namely that the partisans went into hiding and disguised themselves as peaceful men on the street in daytime, whereas at night they raided railways, rail transports, motor car columns, etc. I shall only read the last sentence in paragraph two. It says there:
"I still remember 1st Lieutenant Kirchner, a fighter pilot, I believe, who had to make a forced landing and whose corpse we found brutally mutilated, a few days after his arrival at the theatre of operations."
Paragraph 3 deals with the conduct observed by the command of the Panzer Army, and this is what the affiant says:
"In spite of those and numerous other similar incidents, the discipline and usages of war were strictly enforced by the commander in chief. I did not hear of any violations of military law, especially of inhuman acts. I am also convinced that the commander in chief would have punished such incidents most severely."
The affidavit has been sworn to in Regensburg on 14 July 1947.
I shall now offer Rendulic Document 14, in Volume I, and I shall give it Exhibit 13. This is another affidavit by Peter Sauerbruch mentioned before, who was 1-C, and he deals with the problem with which we have dealt in detail in the direct examination of the defendant, namely the order of 15 September 1949 Sauerbruch states that he himself was involved in these matters, and this is what he says:
At the end of August 1943, the 2nd Panzer Army was assigned to the Balkans, under the command of the new commander in chief, Rendulic former General, of the Infantry. Among the troop units under his command, some of which had been newly assigned to the Balkans, there was uncertainty about the validity of orders for the combatting of partisan activity. The commander in chief therefore directed that a compilation be made of the orders which were then in force. He issued this direct ive in his order of 15 September 1943, which is thus not an order initiated by the Commander in Chief of the 2nd Panzer Army but a compilation of actually existent orders from higher headquarters, I can remember that on this occasion, the question of the so-called ratio was also discussed, namely, whether or not these proportionate numbers should be included in the compilation. Since it was a Fuehrer Order which could not be annulled by the commander in chief of an army, the question of ratios was, it is true, included, but in a moderated form, both as to quantity as well as to applicability.
The affiant concludes his affidavit by saying:
"This may be readily seen by a comparison of the order of 15 September 1943 (Exhibit 340) with the order of the OKW of 16 September 1941."
This affidavit given before me 11 October 1947 was sworn before me.
This brings me to the next document, which I offer as Exhibit 14. It is Document 15, in Volume 1. This is an extract from the official Gazette of the City of Berlin, 10 July 1945.
The Tribunal will remember that during the direct examination of defendant Rendulac reference was made to a reprisal order given by the City of Berlin by order of the Russian occupying power. This order I submit here. It is signed by the Mayor of Berlin on 31 May 1945. The two initials paragraphs I need not read, but I would like to read the next paragraph which reads as follows:
"Every would-be assassin and incendiary will be duly punished.
He will pay for it with his life. Anyone who attemps an assault upon a member of the occupying troops or a public official or because of political enmity, attempts arson, will also drag 50 former members of the Nazi Party along with him into the abyss. They will forfeit their lives together with that of the would-be assassin or incendiary."
Then I shall read the last paragraph, and I want to point out particularly it does not only refer to the assassin himself:
"Whoever gains any knowledge about an attempted assassination or about arson and does not inform the Police immediately, will be judged in the same manner as the perpetrator himself."
May I point out to the tribunal here that, as my learned colleague, Dr. Laternser, has stated, do not challenge the legality of such measures, we merely want to show the fact that these things have developed as inevitable usages of war, as the defense maintains.
This brings me to Rendulic Document Book, 1, Document No. 16, which as offered as Exhibit 15. Once again --
MR. RAPP If Your Honor, please, if I understand defense counsel correctly, he paraphrased this particular document as having been part of a publication in the Russian sector of Berlin, unless I misunderstood him, there is nothing apparent in this particular document which he has here that it was published in the Russian sector. I can't find that from this particular document. I would like to have the defense counsel comment on it, whether I am mistaken or not.
DR. FRITSCH: I believe there is a misunderstanding there. I had reference to the Russian occupation, not to the Russian sector of Berlin. This official Gazette was published at a period of time, July 1945, when as far as I know Berlin was exclusively occupied by the Russians. The other allied forces reached Berlin only later. For that reason I pointed out that it occured during the Russian period of occupation. I believe, if Your Honors, please, that it is not material for the fact we wish to prove whether at that moment the Russians were in exclusive occupation of Berlin or whether other allied forces were there as well.
MR. RAPP: Inasmuch as Dr. Fritsch concedes the fact it would not be important for the trial who occupied Berlin, I would like to have that part of Dr. Fritsch's comment as to the Russian taken from the record anleft outside of army argumentation the evidence.
THE PRESIDENT: The Tribunal will give consideration to remarks of Dr. Fritsch as it feels that they merit and that does not apply to the fact and issues as presented. The Tribunal will take care of the matter.
DR. FRITSCH: I shall now offer Document 16 in Volume 1, which is offered as Exhibit 15. I have pointed out before that there is yet another affidavit by the 1-C of the 2nd Panzer Army, Peter Sauerbruch, He describes an incident, the details of which , need not read out. It is an act of pardon with respect to partisan, hostages who had apparently made an attempt on the headquarters of General Rendulic. The affidant describes that incident, and also says that these people were granted a pardon. At the end he says:
"In this connection, I should like to add that this was one of the few cases with which the Commander in chief was able to concern himself personally."
This brings me to Rendulic Document 17 in Volume 1, which I offer as Exhibit 16. The Court will recall a discussion both by the prosecution and the defense concerning the burning down of hospitals.
I now submit an affidavit given by the army physician of the 2nd Oanzer Army, Dr. Helmuth Richter. From December 1942 until September 1944 Richter was with the Army in the capacity I have mentioned. That is to say, throughout the period of time when the defendant Rendulic was Commander in Chief. I shall read this affidavit:
No case of destruction of military hospitals in the course of operations against guerrilla bands has ever been reported to me nor do I remember such a case. But wherever this has allegedly happened this must have been carried out mainly from hygienic considerations.
As a rule, the guerrilla hospitals were housed in barns and only in rare cases in schools or other permanent buildings. These so-called hospitals mostly contained just crude bedsteads without mattresses or blankets. In particular the wounded and sick partisans were badly infested with lice and typhoid fever was prevalent. In Zagres typhus was introduced into a hospital by the admission of wounded partisans.
Those poor hygienic conditions, also known to the unit, occasionally required the burning down of infested partisan hospitals nearly always empty when they fell into our hands because the partisans had previously evacuated their sick and wounded wherever they were not located in permanent buildings and could not be disinfected.
These so-called infirmaries and hospitals of the partisans can hardly be named hospitals in the meaning of the Hague Convention and by the standards of the German sanitary service, owing to their primitiveness and conditions as described above.
This affidavit was signed and duly certified and sworn to in Goeppingen.
This brings me to Document 18 in Volume I, which is Exhibit 17, and is an affidavit given by the same Dr. Helmut Richter. To save time I simply point out what this affidavit is about. It is a character description of the defendant Richter and describes the measures he took for the welfare of the troops, and of the civilian population. This document again has been sworn to in Goeppingen.
This brings me to Rendulic Document 19 in Volume I, which is offered as Exhibit 18. This affidavit was given by Paul Mahlmann, and it deals with the problem of the Commissar Order. The Tribunal will recall that the defendant General Rendulic was for a time the commanding officer of an infantry division and the commanding officer of the Infantry Regiment 181 which was insubordinate to this division was Paul Mahlmann. The first says that he was informed briefly about the Commissar Order, and he also says he did not know who informed him about it, but says that he is quite sure that he did not hear about it by Brigadier General Rendulic, as he was at the time. In the fourth paragraph the affiant continues: In my regiment Russian political commissar who had been taken prisoner, was not shot on account of the Commissar order. I also know of no such incident in any other regiment of the 52nd Infantry Division. In view of the good relations between the commanders of the various regiments on the one hand and their Division commander Brigadier General RENDULIC on the other I would most certainly have heard if such an incident had occurred.
My Divisional Commander at that time, Brigadier General RENDULIC never asked me whether we held imprisoned commissar nor did he point out to me that such a man would have to be treated in accordance with the Commissar Order.
Then he gives a brief statement to the effect that the troops also took a negative view towards the Commissar Order inasfar as they knew about it at all. This affidavit given 26 September 1947 was signed before a Notary in Bad Kissingen.
This brings me to Rendulic Document 20, Volume I, which is offered as Exhibit 9. This is an affidavit by the Commanding Officer of the Infantry Regiment 205, a man called Reymann.
Reymann was one of the commanding officers who like Mahlmann mentioned just now, belonged to the division under General Rendulic in Russia. The affidavit also deals with the Commissar order. He states, like the previous affiant, that never was there a Commissar shot, and he says in the last, but one paragraph in the middle:
"Moreover, on the occasion of conferences or visits to my command post Brigadier General Rendulic always directed us to treat all POWs humanely and in accordance with regulations."
This affidavit has been sworn to before a Notary in Iserlohn on the 25.9.47. This brings me to Rendulic Document 21, in Volume I, which I offer as Exhibit 20. This is an affidavit by one Hans Thoerner. The Tribunal will remember that there was discussion about the capture of a relative of Mr. Churchill on the occasion of a commando operation. This affiant, Hans Thoerner, describes in this affidavit this incident, and he has attached to the affidavit a copy of the letter written by Jack Churchill. Jack Churchill, in this letter thanks him for the good treatment and the kindness shown by the affiant while he (Mr. Churchill) was a prisoner. I need not read this affidavit.
I shall submit another document about the commando order. This is Document 22, and is Exhibit 21. This is again Peter Sauerbruch, 1-c in the 2nd Panzer Army, and he says that while he was serving with the 2nd Panzer Army, in other words during the period between August and November 1943, no commando operation occurred in the Balkans. Nor docs he know of any official order or directive on the part of the Army Group concerning commando operations.
The next document is Rendulic Document 2, Volume I, the Court will recall that map which shows what the position was on the evening 9 September 1943 after the Italian surrender, and I reserved the identification number 2-A. I now beg to offer this map as Exhibit 22.
I might point out that in the original there is the certificate signed by Dr. Rendulic but unfortunately on the photostat copy it is not contained.
The next document is also a sketch, Rendulic Document #3. I offer it also with the certification by Dr. Rendulic, as Exhibit 23. That sketch I have offered in order to describe the situation of all of the operations which we have described here before. It shows in particular that the 2nd Panzer Army at that time had to defend the whole coastal area in Albania, after Italy had surrendered.
THE PRESIDENT: You referred to it as a sketch?
DR. FRITSCH: Yes.
THE PRESIDENT: Is it included in these you have given us?
DR. FRITSCH: No, Your Honor, please, I have not submitted it yet, but I thought it was contained in the document book. Is it not contained therein? May I offer it as a loose sketch?
If the Tribunal please, the next document might take me a little longer. Might I suggest that this is a good moment for the recess?
THE PRESIDENT: Your suggestion has received favorable consideration.
We will have our recess.
(Thereupon a 15-minute recess was taken).
THE MARSHAL: The Tribunal is again in session.
DR. FRITSCH: The next document which I will submit is Document Rendulic I, No. 23, which I am giving exhibit number 24. May I at this point emphasize the affair of the two Italian colonels who were treated according to a Summary court martial procedure. The affidavit which we have here, given by Willibald Utz, is a statement by the then Commander of the Division who describes the event in detail in this document. I shall read the affidavit.
"Ad rem:
"I remember that one or two Italian officers were shot, according to martial law, about the 1st of November 1943 or later. This happened because he or they had made common cause with an Albanian band as ringleaders and had taken part, with other Italian soldiers and officers, in sudden attacks on German troops.
"Here is as far as I remember, approximately, what happened:
"The mountainous district south and south west of Tirana had been at the end of 1943, from September onwards, for a long period, the hiding place of an Albanian partisan band whose leader was particularly active. Thus, from there, also the National Assembly of the Albanians in the former royal palace was shot at by guns. Also, more and more frequently, there were sudden attacks on vehicles on the "Southern road" from Tirana to Durazzo. Finally, this road fell entirely into the hands of the partisan band. Similar incidents occurred on the road Tirana-Elbasan (eastern border of this district) and on the road Elbasan-Durazzo (southern border). This was the reason why my division and parts of the neighbouring division (297) were commissioned to purge the mountain district in question from partisans.
"The above mentioned raids on motor vehicles took generally place in such a way that the motor vehicles were stopped in some way or other and the people were taken out of the vehicles. These people had to undress entirely, near the place, and, after that, were killed by shot in the neck.
Clothes and linen and luggage were always carried away by the bands.
"When troops only started marching in view of this enterprise, the Southern group - marching still in close order - of the German troops which advanced in a concentric manner, was suddenly attacked, by fire from Italian guerrillas and suffered heavy losses. I do not exactly remember any longer the number of losses, but there were probably a hundred losses attended with Bloodshed, among them 30 dead, The Western and North Western group, too, suffered losses, When the concentric attack of the Germans made progress, the Albanian band leader, with the majority of his men, broke fighting, through the surrounding line towards East, at night time and by means of a sudden attack. But the Italian guerrillas who followed on the same road as rear--guard were caught by the reinforcement that had meanwhile arrived and were overwhelmed after a short fight. There were about 15 Italian officers and about 150 men. They were partly in old, torn uniforms, partly in plain clothes and were first, during the fighting, believed to be Albanians. Their ring-leader was the colonel who was later shot according to martial law. His adjutant - probably the second officer who was later shot according to martial law. -- The case was first investigated in detail by the department Ic of the division and cleared up by interrogation of the captured people. According to the provisions then in force it would have been necessary to shoot all prisoners. Out of pity with the misled people and out of humanitarian reasons I was not able to come to such a decision, reported the facts officially, protested against the provisions and asked not to comply with them. I was successful. I was promised that the majority of the prisoners were to be saved. Only the ringleaders as those who had misled their men, had to be executed. A summary court-martial was commissioned to make the necessary investigations. I do not know anything about the procedure in the trials as at that time I was absent; I was in the Eastern part of the mountain district, directing the fighting there, and all my time, day and night, was taken up by the fighting. Neither do I know where when and by whom the shooting, according to martial law, did take place."
The affidavit is signed by Willie Utz and was sworn to in Garmisch before an American officer.
We shall now turn to the next document. This is Document No. 24 which I shall submit as Exhibit No. 25. This is a document concerning the case Roncaglia which the Tribunal will remember. The exhibit is an excerpt of enclosures 187 and 148 to the War Diary of the 21st High Command, 2nd Panzer Army. I am reading this daily report which is addressed to the Command of the 2nd Panzer Army i.c. to the Ia Department.
"Reference: Measures against generals on the basis of a Fuehrer Order.
"1/ The following were captured:
"a/ General Rossi, Commander-in-Chief of Army Group West.
"b/ Major General Roncaglia, Commanding General XIV Army Command "2/ No generals have been shot up till now."
The daily report is dated the 19th of July 1943 and is signed on that date.
I shall now read a further report:
"II. 118th Infantry Division:"
This is a report from the General Command, 21st Mountain Army Corps, the Ia and dated 15 of September 1943. It reads:
"General Roncaglia, hitherto Commanding General of the Italian XIV Army Command captured without further incident and taken to Belgrade."
With reference to the same affair Roncaglia. I am submitting the document Rendulic I, No. 25, which is the original telegram from the Military Attache to the Ambassador in Rome. I am submitting it under Exhibit number 25 in the original and in the German translation. I beg your pardon, the exhibit number will have to be 26. I am reading the part which is of interest:
"General Ercole Roncaglia resides presently at Corso Cavour 32 Verona Italy."
The next document in this document book will be the document Rendulic I, No. 26, which I shall submit under Exhibit No. 27.
This is an affidavit which was given in Suessen on the 25th of September 1947. The affiant is Werner Pfafferott. This affidavit is sworn to. Werner Pfafferott comments on the occupation of Split and on the manner in which the Italians were dealt with.
MR. RAPP: Your Honors, for the time being I object to the introduction of this affidavit because it is not apparent to the prosecution at all who Werner Pfafferott is. It says merely that he lives in Magdeburg or Suessen/ Wuerttemberg. I don't know who the man is, what relevancy he has to the case; he does not give any statement where he served. I know that there are several Pfafferott's mentioned in documents but am I to assume that this is the same person that the defense has any reference to? And I believe that this man ought to identify himself more properly. Right now I can't make out who he is and merely calling him to Nuremberg to find out who he is would be more expensive than getting a supplementary affidavit stating his connection with the case.
THE PRESIDENT: Perhaps you can accomplish the same thing by a professional statement of counsel.
MR. RAPP: That's what I -- would you repeat, your Honor, please what you have just said.
THE PRESIDENT: I said perhaps you could accomplish the same thing by the professional statement of defense counsel.
MR. RAPP: Yes, if defense counsel, knows it and states here in court that this man has this particular position and how it fits into this case, I am certainly willing to accept this but as it is right now I think defense counsel ought to elaborate on it.
DR. FRITSCH: Your Honors, the residence of the affiant Pfafferott is mentioned in the affidavit and the name "Pfafferott" has repeatedly appeared in documents hero. I can state here that the affiant is the same man Pfafferott who is mentioned in the documents. He was at that time the Chief of Staff with the 15th Mountain Corps but, of course, I am very willing in the event that this statement is not sufficient for the prosecution to submit a further supplementary affidavit by the affiant Pfafferott.
THE PRESIDENT: That satisfies the Tribunal if it is agreeable with the prosecution.
MR. RAPP: It is perfectly agreeable with us, your Honors.
THE PRESIDENT: Very well.
DR. FRITSCH: Pfafferott comments here on the situation in Split. May I assume that the events there are still present in the minds of the Tribunal from the examinations? It is important here that Pfafferott testifies here that there was no force used against the Italians but that instead one tried to influence them by propaganda measures so that they should not continue to fight as frano-tireurs. I believe there is no need for me to read this affidavit in detail.
I now offer Document No. 27, as Exhibit 28. This is an affidavit by Peter Sauerbruch. He was Ic of the 2nd Panzer Army. He comments on the question of labor recruitment. May I read the third passage where it says:
"I know of no cases in which able bodied people were deported for forced labor to Germany. The Army was opposed to the deportation of people, especially since the allied Croatian government itself urgently needed labor for Wehrmacht purposes. For this reason, the supplement "to Germany" was also omitted from the overall labor allocation order for evacuated sections of the population."
The affidavit was given on the 11th of October 1947 before me at Nuremberg and it was sworn to by me.
The next document which I offer is Document Rendulic I, No. 28, and it will get exhibit number 29. This is a photostat from an enclosure to the War Diary of the General Command of the 15th Mountain Corps for the period from June to July 1943. It deals with the operation "Panther". I wish to point out that this is a document which I had given the identification number "3-a" and it will now receive exhibit number 29. I shall read the document, passage 1, under the heading "Enemy Losses."
"882 counted dead, numerous wounded taken along, 191 prisoners, 21 deserters, 96 evacuated."
May I point out to the Tribunal that this document is headed, "Closing Report 'Panther' "? 96 evacuees are mentioned here.
In connection with the so-called forced evacuations I shall submit a further document which is Rendulic I, No. 29, and that will receive exhibit number 30.
The then I-c, Peter Sauerbruch comments on these problems, particularly where they concern the evacuation of the Albanian coastline. I am going to read the third passage:
"As only the Albania authorities were able to ascertain which persons were actually duly registered local residents, the Albanian Police was charged with the task of checking on the coastal strip. In the course of these check ups, the Albanian population repeatedly committed excesses against the persons arrested, whom they considered to be the representatives of the insidious Communist agitation. For, at what time, the Albanian population lived under the constant fear, Tito's expansionist plans might extend to the Albanian regions."
The affidavit is signed by Peter Sauerbruch on the 11th of October 1947 before me and certified by me.
As a proof in this same complex of questions I am submitting Document No. 30 which is an affidavit by Heinz Walter Toop. It will receive exhibit Number 31. This affidavit shows that Toop was Lieutenant Colonel and I-a of the 297th Infantry Division during the period of the 9th of September 1943 to the end of January 1945. I am going to read from the second passage of the affidavit.
"It would have been intolerable to leave unreliable and uncontrollable elements at large in the Albanian coastal regions. The German forces in Albania were numerically only small so that even in the open constal strip which afforded a clear view any civilian who was not absolutely reliable and well known had to be considered a danger to the security of the troops and their defensive strength. That danger was even greater in the jungle-like river regions and in the South of Albania where the mountains reached right down to the sea."
I shall then skip the next sentence which doesn't say anything of great importance and I shall continue:
"The idea to evacuate certain coastal areas by force was rejected.
Such an evacuation would have been technically possible but as there were only few inhabited places in Albania it was to be expected that the inhabitans would either return to their homes or if they were unreliable elements would take to wandering about in the vicinity of their homes, thus becoming a burden to the troops.
"The least our own troops could demand for their protection was that persons who had been proven to be unreliable elements should be removed by force. Those persons were selected partly by agreement with the Albanian authorities, partly in collaboration with leading Albanian figures whoso loyalty was established."
May I then read from the next passage?
"To sum up, it can be said that in tackling the problem of protecting the troops from interference by the population Albania was always treated as a friendly country and the population was not unduly molested. What measured were actually carried out were, in my opinion, the minimum of what a belligerent power had to do for the security of its troops and installations and their state of preparedness and, in my opinion, these measures were an absolute military necessity."
Then there is another passage which I would like to read, the next but one, that deals with the capitulation of the Italians:
"The capitulation of the Italians was carried out without haste, calmly and in an honorable manner. Whoever continued to fight after the capitulation had, in my opinion, no further claim to be treated as a soldier, the more so because the remainders who fought on used to work together with partisan bands on principle and to continue the fight together with them. However, where Italian units were taken prisoner after a preceding fight even they were in spite of this treated according to the rules of war like regular soldiers."
In the last passage the witness deals with the conditions and effects and the development of the capitulation. I don't believe it is necessary for me to read this passage. The affidavit was given in Herne on 23 September 1947 and sworn to before a notary.