At the moment I can only relate one certain impressive case which had nothing to do actually with my own sphere of work but which interested me greatly and which I discussed at that time thoroughly with my catholic colleague, the then Father Superior Klotz. A man of Austrian nationality and catholic faith who had left his Tyrolese home long before 1938 to live abroad where he had married a woman of Jewish religion, had joined during the war the British Army labor service (not as a soldier) and as such had been taken prisoner by the German troops in Athens. Court-martialled, he was sentenced to be shot without any inquiries being made concerning the Law of Nations covering this case. The case was dealt with according to the so-called "sound instinct of the People". A "German" had fought against his own people. After my catholic colleague had heard of the sentence he went in great excitement to see Field Marshal List whom the judge had just left. Field Marshal List told Father Superior Klotz that he had no thought of signing the death warrant. He intended to investigate the case himself thoroughly, which he did, and he prevented the execution of the man who had already been sentenced.
Omit the first sentence from the next paragraph and continue:
Field Marshal List is a confirmed evangelical Christian. From the many discussions about matters concerning the evangelical spiritual welfare of the troops I never had the slightest doubts that the Field Marshal from his hear's belief did everything to lend his support to the widest preaching of the gospel.
Then on page 115 I read the last paragraph:
Field Marshal List's personality was basically a soldierly one, which ought to be comprehensible considering he was a professional soldier of so many years service. But his soldierly nature was based upon religion, and therefore his judgment and his methods were the outcome of ethical seriousness.
My next document is List Document 2 and this becomes Exhibit 134, and is to be found in Document Book II, page 111. This is an affidavit by the Prior of the Benedictine Abbey Maria Laach, the successor of Dr. Herwegen.
I know Field Marshal Walter List very well from his frequent visits to our abbey in 1939 and 1940. Soon after he had taken up quarters in the neighboring district town of Naven he paid a visit to our church and our monastery together with his Chief of Staff (the later General Mackensen) spending several hours with us in intimate conversation. He frequently repeated his visits and stayed so long every time that his driver used to remark he knew that whenever they went to Maria Laach the visit would last more than a few hours. General List had a special great liking for the Rev. Abbot Dr. Ildefons Herwegen who died last year, and he spoke to him openly of his apprehension concerning the evolution of National Socialism. In my capacity as Prior of our monastery I received General List twice when the abbot was not present, and therefore I got to know him very well. Right from the very first meeting I had not only the impression to have met a man of outstanding qualities, but his honest and straightforward character, his absolutely aristocratic way of thinking revealed a gentleman of an honorable character, delicate tact and great education. He was very much liked in our house and, I dare say, he was the most rounded out personality of an officer amongst the many guests we had during the war. When the Seckau Abbey in Styria was closed by the Gestapo in 1940 I asked him for his assistance that some of the now homeless monks could find refuge in our convent. He agreed at once although this was not in accordance with the regulations which forbade any settling in the area on the left bank of the Rhine. The night before his departure he sent a letter to the then abbot Herwegen of which I attach a copy.
Then I omit the rest of this paragraph and read the last paragraph:
I Can only wish him the best for his future. We are grateful for his assistance which he rendered to our monastery and also for the Personal contact with him which will last over the years.
I have made the foregoing statement to the best of my belief testifying to it by my signature.
Pastor Thedor Bogler, Prior of the Benedictine Abbey Maria Laach.
The next document I would like to submit is List No. 111 and this becomes Exhibit No. 135. It is contained in Document Book II, page 76. This is a, statement by General Ritter von Prager. I would like to read from the third paragraph onwards:
After my resignation - I retired on 1 February 1931 as a General of the Infantry - I moved to Munich; List went to Dresden and so we met but seldom from 1931 to 1939. In September 1940 List was for some days my guest, on which occasion we had a confidential and extensive talk about Hitler and the monstrosities of National Socialism. Also after List's resignation - I think it was in 1943 - I met List a few times more for a confidential conversation.
I consider List an excellent soldier and man, a man of noble and honest character and with a high sense of duty. From confidential conversations with List I know that List repudiated and condemned the outrages and encroachments of National Socialism, particularly also Hitler's inhuman proceeding against the Jews and the inhabitants of occupied territories as well as the persecution of the churches.
THE PRESIDENT: Dr. Laternser, may I interrupt please? Before we take our afternoon recess, I think the attention of counsel should be called to certain information that has been furnished me. The deputy Secretary General gives me this information concerning the documents which are now in the process of reproduction. Concerning the documents for the defendant von Leyser, it appears that Dr. Tipp submitted supplement to Book III on January 6, which was yesterday.
Concerning the defendant Rendulic, Dr. Fritsch submitted Document Book IV on January 6 and the answer to the prosecution's brief was turned in on January 7. I do not know whether that is in addition to the one which has been already furnished us or not.
Concerning the defendant Speidel, Dr. Weisgerber submitted Document Book IV on December 9 and Document Book V on January 6.
Concerning the defendant Dehner, Dr. Gawlik submitted Document Book VI on January 6 and an answer to the prosecution's brief of December 23.
Concerning the defendant Felmy, Mr. Mueller-Torgow submitted Documents 175, 176 and 177 on December 18 and Document 178 on December 29.
Concerning the defendant Foertsch, Dr. Rauschenbach submitted Document Book IV on December 3 and Document Book V was turned in on January 6.
Concerning the defendant Kuntze, Dr. Menzel turned in Document Book III on December 12 and Document Book IV on January 6.
Concerning the defendant Lanz, Dr. Sauter turned in Document Book VIII on December 23 and Document Book IX on January 6.
This information discloses the fact that a very large number of these document books were not turned in until yesterday. I do not know what the situation will be but it seems to me that these books should have been turned in prior to January 6.
We will take our afternoon recess at this time.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: You may proceed.
DR. LATERNSER: I now wish to submit three more affidavits. I wish to submit Document List 28, Exhibit 136, Document Book 2, page 74. It is an affidavit by General Kuehlenthal. I shall read from the second paragraph:
"Former Field Marshal List is a highly esteemed personage; his absolutely honest, noble and firm character has made him known and popular far beyond his friends. In the years from 1923 until 1930 I had a good many official connections with him because, during these years, we were at times both working in the Reichswehr Ministry. List was Chief of the Training Department of the Army. His directives and suggestions were binding for the tactical training of the Army." I shall now omit the next two sentences and proceed: "After his activity in the Reichswehr Ministry he became Commander of the Infantry Training School at Dresden, a position which was entrusted only to personages of a particularly firm character.
"In the years between 1930 and 1942 I did not meet List again. I did not see him again until 1942 when, discharged from the Army, he retired to Partenkirchen. I was living there on my pension, had been discharged from the Army for racial and political reasons and had therefore to endure considerable difficulties caused by the Party. This was generally known there. For all that Herr List looked me up very soon here after his resignation, and since that time I met him frequently. I came to know him more closely, so much the more as a common passion for hunting and fishing united us. He was unhappy about the entire conduct of the war and shocked by the orders of the Wehrmacht High Command. That he stood politicallt strong opposition to the Party and its leadership need not be emphasized under these circumstances. This is supported also by the fact that he was a close friend of General Olbricht, who has become well-known through the attempt on Hitler's life of 20 July 1944, and was shot at the time, who visited him here several times.
Baurat Ludwig, a well-known anti-Fascist here, who has died in the meantime, also belonged to List's close circle of friends. A minor official of the local Reich Postal Administration here also told him confidentially that his telephone calls were checked up by the Party.
"After List's arrest we took Frau List for a considerable time in our home and were thus enabled to know her anti-Fascist attitude day by day, and also learned from her how unhappy and pessimistic her husband had been over the whole development in Germany ever since 1933, in view of his completely divergent politicals views and his strong clerical tics."
The next document I wish to submit is List 169, to be Exhibit 137. It is document book 3, page 47. Correction, it is on page 74, not 47. It is an affidavit by Wilhelm Arendts. I shall read it from the third paragraph:
"Discharged as an officer in 1919, I was drafted on the basis of the Defense Act for Service with the Army from 15 September 1939 until 31 January 1945 and during that period I served mainly as Ia on the staff of the Military Commander of France, in the end as Colonel that is Oberst zur Verfuegung.
"During that service I was in contact with the activitic circles of the opposition within the Army and I attempted to unite the opposing elements in Germany proper and to prepare them for an active move at the right time, during occasional stays here, while being in especially close contact with Major Caraaciole-Delbrueck (General Epp's staff) in Munich.
"On 4 September 1943, General Halder, who was informed of my endeavors, advised me also to contact Field Marshal List, whose attitude towards Hitler and his regime was known to him.
"A few days later I visited Field Marshal List in the latter's apartment at Partenkirchen.
We had worked together in 1918 in the same office at the then Royal Bavarian Ministry of War and we went through the revolution of 1918 together.
"Referring to these times, I discussed with Field Marshal List the present military and political situation, and the necessity of taking measures to put an end to National-Socialism and to enforce a change in the leadership. Even though I was not allowed to mention any details of the preparatory measures, since I had been committed to silence, Field Marshal List nevertheless grasped immediately what I was driving at, and showed great interest. I gained the impression that he was prepared to participate actively in a movement. He asked me to inform him further, at my next visit in that area, especially in the case that I should hear from General Halder or General Wagner (Generalquatermeister - Quartermaster General - at the O.K.H.), I had stated to List that those two officers would agree with me on the situation and on the necessity of an active move.
"After my return to my headquarters I informed Genera Heinrich von Stuelpnagel (Military Commander of France) of my discussion with Field Marshal List and of my personal impression as to his attitude, whereupon General von Stuelpnagel forwarded a preliminary report to General Olbricht at Berlin." Signed "Wilhelm Arendts".
I have now my last document to submit. That is document 35, which will be Exhibit 138. It is in document book 2, on page 6. It is an affidavit by the papal nuntius in Paris, which I wish to read:
"To: Dr. Jur. Hans Laternser, at present: Nurnberg. Dear Sir, "Various circumstances have up to now prevented my answering your letter dated 8 August 1946.
But I hope that the following information will reach you in time still to be of some use to you.
"What you say about my contact with Field Marshal List in Athens in 1941 absolutely conforms to the truth. Furthermore, I am glad to state that the personality of the said Commander-in-Chief of the 12th German Army left me with the best of impressions by the refinement and simplicity of his manners, which has lasted until this day.
"With regard to the points about which you wanted my information, Doctor, I can testify the following:
"1. In summer 1941, during my stay in Athens, some complaints came also to my knowledge about a certain rigor which the German occupying troops exercised on the Greeks. But I also heard that the Marshal took severe steps to take his people to account when he heard of ill-treatments, and that he very severely reprimanded them and did not spare admonitions and orders to have the Greek population treated with indulgence. I also know from hearsay that before coming to Greece he showed himself to be anxious that when there were troop movements, assaults, destructions, etc., they should spare human lives as far as possible and avoid sacrifices of innocent people.
"2. The Field-Marshal himself allowed me to visit English prisoners of war, who were concentrated in a great and beautiful hospice in Kokinnia. I found the prisoners not dissatisfied with their treatment. The German officers told me that by order of their commander-in-chief they only guarded the outside of the camp and the food supply. The interior management was left to the English themselves.
"3. During the months of August, September and October long negotiations took place to obtain and facilitate the delivery of considerable quantities of grain to Athens in order to avoid the winter famine.
I myself participated in the negotiations, in which his Holiness the Pope Pius XII also took a lively interest. I can say that Field Marshal List, as well as especially Dr. Altenburg, too, who represented the German Ministry for Foreign Affairs there, used all their influence possible in order to make all the efforts to obtain a satisfactory success.
"4. On the occasion of 3 conferences, which I had with Marshal List, the last of them in the hospice of Sismanoglu, where he had to undergo an operation, I avoided speaking about the war in view of my rather delicate tasks. He left me with the impression, however, that he was a man filled with a conscientious respect for the code of war and international law.
"5. I never heard that during the military government of Field Marshal List either Greeks, Catholics, or Protestants were ever prevented from professing their religion.
"I readily testify the above out of sincere love for historical truth and justice, to which every human being is entitled at any time and under all circumstances."
I thus conclude presentation of evidence on behalf of Field Marshal List. May I now communicate to the Tribunal that I shall submit afterwards statements by French and American Military Commanders and that I also wish to have a witness called? The topic will be "An allied Shooting of Hostages".
THE PRESIDENT: Very well.
MR. FULKERSON: Your Honors please, when the affidavits to which Dr. Laternser refers first came back from the United States, he took the position that they were the exclusive property of the defense, and the court ruled that they were not, and before the Christmas holidays I requested that the prosecution have an opportunity to look at them and that they be filed with the Registrar of the Court. I would like to repeat on behalf of the prosecution - that we be allowed to look at these documents.
documents on the basis of the rules; that is, twenty-four hours previously, at the least. But in case that I should not make use of these documents -- but I have no intention of not using them--is it the intention of the Tribunal to rule -- I don't know whether a ruling has already been passed -- that in case I do not avail myself of the documents they may be referred to the prosecution for their information? But I do have the intention of reading them and I shall put them at the disposal of the prosecution at the appropriate time.
THE PRESIDENT: The Tribunal is of the opinion that you should decide and make an election as to whether or not you are going to make use of them, and inasmuch as these affidavits are now coming at a very late period in the course of the trial, the prosecution should have some opportunity to make use - make a study of them, so that if they care to, they can prepare and have present any rebutting testimony concerning them that they may wish to present. Is there any reason why they should not be filed at the Secretary-General's office at this time?
DR. LATERNSER: I wished to summarize these statements together with the affidavits by the French Military Commanders and that is the reason why I have not so far submitted them, because they are in English and need not be translated.
THE PRESIDENT: Is there any reason why they should not be filed with the Secretary-General for the inspection of the Prosecution?
DR. LATERNSER: No, there is no special reason for that, but I should like to file them and present them myself in a self-contained batch, so that these events will be reflected accurately and a picture will be given.
THE PRESIDENT: That opportunity will be given to you. I think because of the lateness of the period of the trial that they should now be filed with the Secretary-General's office for the inspection of the Prosecution, and if you will kindly do so sometime tomorrow, it will meet with the approval of the Tribunal; and then when you care to make use of them for your presentation of the evidence you can obtain them from that source and office.
DR. LATERNSER: Yes, sir. Thank you.
DR. MENZEL: for defendant General Kuntze.
MR. FULKERSON: I just wanted to ask the Court if the Court has the document books which are now going to be presented. I don't have them.
THE PRESIDENT: I am advised by messenger that they are in the back room and will be presented here shortly.
(Document books produced.)
THE PRESIDENT: You may proceed.
DR. MENZEL: Menzel, on behalf of the defendant Kuntze. Before beginning with the presentation of documents on behalf of Kuntze, I should like to point out the following i.e. to the submission of further defense document books, referred to previously. From the compilation read by the Court before, the impression might be gained that the defense at the very last moment wished to produce a number of document books of the usual type, and that a delay was caused by this tactic. This is not the case. In my case, for instance, in the case of Document Book 4, it is by no means an ordinary document book of 50 or 60 pages. There are merely two documents which arrived rather late; one of them hears the date 30th of December, and which jointly only amount to 1-1/2 pages. Only because the other document book, No. 3, had been concluded, a new document book was to be presented. It is - as I have said before, only a very short text and it will only mean very little in the way of translation. May I now proceed with the reading of documents from Kuntze Document Books 1 to 3? I shall probably need one day for this. First, I wish to read the documents showing the necessity of the purges in Serbia. They were actions - operations in order to dispel and dissipate the bands; to prevent formation of new bands; to get hold of weapons; and to protect the population.
I shall begin with Document #34 in Document Book #2 on pages 5 to 7. The English pagination corresponds to the German. This document will be Exhibit #1. This document and subsequent documents are documents which have already been submitted by the prosecution and which, therefore, already have been assigned exhibit numbers. These documents, however, were not completely submitted by the prosecution. Only excerpts were read into the record. The prosecution naturally submitted those parts which appeared to support their thesis and their view. The points which I now wish to submit have neither been read nor have they been included in their document books.
I shall begin therefore with Document #34, Kuntze Book 2, Exhibit #1. It's a report of the Plenipotentiary Commanding General in Serbia to the Armed Forces Commander Southeast, dated 28 October 1941. The excerpts made by the prosecution bore Exhibit #124. They were in Book 4 on page 80 in the German text and page 132 of the English text. The newly submitted excerpt concerns only #2 A:
"Passenger train Doboj-Tuzla looted by Communists. 6 civilians killed. 6 wounded."
The document shows the necessity of purging operations.
The same is true of the continuation of this document on page 6. It's a report of the Plenipotentiary Commanding General in Serbia to the Armed Forces Commander Southeast, dated 31 October 1941, same exhibit number of the prosecution, excerpt 2b:
"Near Vrba 2 read bridges again destroyed. Guards and workers near Palilula kidnapped by bandits. 8 Serbian communities raided, looting in several communities in Croatia."
The thrid page of the same document is a report also made by the Plenipotentiary Commanding General in Serbia to the Armed Forces Commander Southeast dated 30 November 1941. The only relevant excerpt from this 10-day report is section 1:
"Political Situation.
"Serbian administrative organs have been further paralyzed by bandit raids on community offices, which extend to a great part of the Nisch surroundings."
This finishes this document.
I shall now proceed with the next document. Document #35 in the same Document Book #2 on pages 8 to 9, to be Exhibit 2, Kuntze. The prosecution exhibit number was 126. The first page contains a report by the Plenipotentiary Commanding General in Serbia to the Armed Forces Commander Southeast. I shall merely read from this report dated 9 November 1941, 2b:
"Blowing up of tracks near Dolac, Nisch-Skeplje line blocked for 47 hours, connection by changing trains.
"Air reconnaissance established the existence of many road blocks on Kraljeve-Raska road.
"Besna road bridge near Ilijas destroyed.
"Telephone line Sabac - Lesnica cut."
I shall then read point 3a:
"342nd Infantry Division: Operation southeast of Sabac and west of Kozeljeva completed. Bandit forces, who have now lost connection with one another, dispersed. Enemy losses are high, at least 100 were killed in combat.
"Rural population, who had been suppressed up till now, welcome German troops. Request their continued protection."
This shows the necessity for mopping up operations and also the fact that the occupation power had to repel the band attacks. It also shows the attitude of the population regarding this mopping up operation.
I shall now refer to the next document in Document Book 2. Correction, I have still to read from the next page of the same document, page 9, a report by the Plenipotentiary Commanding General in Serbia to the Armed Forces Commander Southeast dated 22 November, 1941. I shall read from section 2b:
"In Belgrade another 11 communists have been arrested. Unoccupied communities followed by a number of names, raided."
This also shows the necessity for mopping up operations.
I now wish to turn to Document #36, Document Book 3, pages 10 to 12 to be Exhibit #3 and it is connected up with the previous documents. Page 10 is a daily report which has already been submitted by the Prosecution in excerpts as Exhibit 128, in Volume 5, page 102 of the English and page 70 of the German. I shall now read those excerpts not presented by the Prosecution which also show the necessity for mopping up operations.
"Serbia: 1.) In the area south of Krupanj again strong bandit forces. Northeast of Bola Palanka, and southwest of Krusevac 2 communities raided, 2 concrete bridges north of Vlasetince (east of Loskov) destroyed. In Belgrade depot with 500 kilograms of ecrasite discovered in the vicinity of the Danube railroad station, 29 arrests.
"Croatia: Continued numerous raids in the area of Sarajevo-TuzlaDoboj.
"On Bos. Novi-Bos. Krupa line, attack on Croat armored train. Raids by insurgents and damage to a concrete bridge near Poljana. A time-bomb exploded on the Belgrade-Agram main line west of Brod. Little damage, traffic not disrupted."
I shall now proceed with the next page of the same document, a daily report dated 18 December 1941. I merely wish to read the excerpt:
"Serbia: 1. Strong bandit forces southwest of Valjevo. Bandit force west of Kosnjerici effects evasive action towards Croat border. An unoccupied community raided east of Pozarevac.
"2. 342nd Infantry Division: During operation in former Mihailovic territory 1 trench mortar, 16 heavy aerial bombs, and much equipment captured.
"717th Infantry Division: Operation near Lebane completed. Enemy dispersed, 10 killed, 4 machine guns captured. No casualties of own forces."
"4- Blowing up of tracks near Vranje (Bulgarian territory) on Nisch-Skoplje main line; line was blocked for several hours."
This not only shoves the necessity for another mopping up operation, but also the fact that the bandits escaped and that events in neighboring territories also took place.
I shall now refer to the next page. That's page 12. It's an excerpt from a daily report dated 30 December 1941:
"Servia: 20th till 24th December. 5 unoccupied communities near Nisch raided."
This finishes Document 36.
The next document, Document 37 in Document Book 2 will be Exhibit 4. Prosecution Exhibit 176. The first page, 13, contains an excerpt from a daily report of the Commander in Serbia dated the 14th of February 1942. I shall read from 2b:
"Increased enemy activity in the Derventa area. Begov Han railroad station and saw-mill (in Bosna Valley) attacked and burned down by insurgents. Rail connection cut on 13th until 2000.
"Rogatica encircled by insurgents."
The next page of the document, that's page 14, excerpt from a daily report of 15 January 1942, the Commanding General in Serbia to the Armed Forces Commander South East:
"12 February. 11 telegraph poles sawed down on Nisch-Knjazevac road. Power and water supply in Rogatica cut off by insurgents.
"Poison gas shells found in Zenica railroad repair shop."
This also shows the oppression endured by the civilian population at the hands of the insurgents and it's significant that poison gas shells were found.
So much for Document 37.
I shall now start with another topic: Documents designed to prove that the occupation by the German occupation power was effective at that time. It's a series of documents and I thought that presentation of these documents was superfluous because it could not possibly be doubted that at the time an adequate occupation of the country was in force. As the prosecution, however, contests that an effective occupation existed at all, I am unfortunately compelled to submit these documents. They show, as we shall see later in some detail, that in Serbia, except for sabotage and single attacks, there was law and order.
That, in Croatia however, several interventions were necessary. These documents further show that the German occupation power was strong enough to fulfill its occupation tasks because the insurgents took evasive action. Further measures taken by the German occupation powers against Ustasha are described in these documents and also excesses perpetrated by Ustasha. The documents also show that the occupation authorities did not incite any ethnic fightings but tried to restrict them. Also, as regards the treatment of prisoners, these documents are rather informative.
I shall now begin with Document No. 65 in Document Book III, pages 1 to 3. It will be Exhibit No. 5. It is on page 1.
THE PRESIDENT: Pardon me; we do not have Document Book III as yet.
DR. MENZEL: Well, it is not my fault because the document book was filed already a long time ago.
THE PRESIDENT: I am advise that it left the defense center on December 21st and the message center seemingly had a lost weekend. At least, the document is lost.
DR. MENZEL: I understand the book was translated towards the end of December and the English translation was available to us by the beginning of January. Therefore, it must be misplaced and I don't know how.
MR. FULKERSON: Your Honor, perhaps he can sort of skip over what he was going to introduce in Book III and just go on in Books 1 and II which we have here and thus prevent a break in the proceedings. Is that possible.
DR. MENZEL: I have just heard that the English translation will be available by tomorrow. I shall, therefore, omit the topic regarding an effective German occupation. I don't wish to impair it by dealing with other topics now because it mainly consists of Document Book III. I shall then deal with this point at the very end of my presentation. Now I shall deal with another topic. I shall, therefore, submit the documents showing that at that time in the Southeast there were summary courts martial. Of course, this was not mentioned in all the documents because it was a matter of course, but I should like at least presents few documents.
I shall begin with Document Book II. Document 48 on pages 33 to 35......
If it please the Tribunal, I understand that the documents books have just arrived.
May I then revert to my previous topic?
THE PRESIDENT: If that is your wish then it is agreeable with the Tribunal. You present the case as you see fit under the circumstances now.
DR. MENZEL: Then I should prefer to stick to my original plan. The Tribunal will recall that I was dealing with the question of how far the occupation was effective. It was a question of Document 63 in Book III, Exhibit No. 5. It was a report to the Military Commander Southeast.
THE PRESIDENT: Which page, please?
DR. MENZEL: Pages 1 to 3. It is a report to the Wehrmacht Commander Southeast, the Commanding General, dated 10 January 1942. I shall read Section 1.
"General and Enemy Situation.
"As a result of the arrival of Bulgarian troops? the authority of the Nedic Government has been undermined. So far, however, there are no signs for its resignation. There is a considerable despendency among the population. Up till now no open outbreaks of hostilities against the occupation power have occurred.
"For the rest, the enemy situation as a whole in Serbia, as well as in the adjoining Croatian territory, is unchanged. Apparently larger enemy movements are prevented owing to the season.
"The number of acts of sabotage, consisting of 57, is somewhat high as during the last period of report. The focal point of the sabotage activities is, as before, in the area east of Nish. Raids against the main rail lines in Croatia are increasing."
This shows that the occupation was effective because there was quiet and law and order in Serbia and in Eastern Croatia;
even in a complete and effective occupation some sabotage cannot be entirely avoided. The document also shows that there were no reprisals taken for those acts of sabotage.
I shall now refer to the next page. It is a report dated the 20th of January 1942, same agencies:
"General&enemy Situation-Overall situation unchanged. Arrival of the Bulgarians continued to take place without friction. Conduct of the Serbian auxiliary police units and the Chetniks of Kosta Pecanac towards the Bulgarians has so far been loyal.
"The only stronger bands which are still present are in the Serbian Montenegrin border area south of Uzice, in the area southwest of Valjevo, in the area southwest of Nish. "The first of the above mentioned bands is being checked by a relatively strong Serbian Volunteer Unit, against the other two bands operations by the Serbian auxiliary police are being prepared."
That is page 2, to be followed by page 3, report of the 30 January 1942, same agencies. That is from the Commanding General Serbia to the Military Commander Southeast, Section 1:
"I. General Situation and Enemy Situation "1.) Over all situation in general unchanged.
"Eastern Croatian Area: The general picture about the conduct and intentions of the Dangic-people is not completely clear as yet. The Dangic units, have evaded combat with German troops.
"The experiences gained during the operation of the 342nd and 718th Infantry Divisions corroborate the enemy picture which was expected in the combat area. The enemy accepted the fight at scattered places only; owing to the weather situation and the terrain which is difficult for the attacker the enemy also succeeded in withdrawing large units into the mountains and roadless forests. It is to be assumed that, following withdrawal of the German troops, these groups will attempt to resume their activities.
Presumably the area of assembly for the dispersed bands is at the moment in the area north and northeast of Sarajevo.
"Communist terror acts are increasing in the area directly east and southeast of Zanica (surprise attacks, lootings, recruiting measures) "It has been ascertained that the area of "Ozren-Planina" was the springboard for the partisan activities in the area west and southwest of Doboj up to Toslic."
This also shows there was law and order in the Serbian area and that in Eastern Croatia the enemy took evasive action. For the rest it can be shown again that the terms "Communist" and "partisans" were used indiscriminately in these reports.
I now wish to turn to Document Book II. That is Document No. 40, pages 19 to 20. The English pages are 19 to 20a. This document will be Exhibit 6.