And then on the bottom of Page 36 of the English and Page 30 of the German is the situation report as enclosed, "Estimation of the situation from 27 Dec. 42 to 6 Jan. 43: Political Situation: The development of the situation in the Croatian area once again necessitated a clarification of the orders in the operation area of the German troops with a summary of previous instructions. For the protection of the Wehrmacht in the area of the 714th Infantry Division and the 718th Infantry Division severe measures against the male civilian population were ordered. On the whole the following concentrations can be observed:" And here, again, I direct Your Honors' attention to the designations which the Germans used in referring to the units of the enemy.
"1. 2 Brigades in Samarica supposedly preparing an attack against the railway line Zagreb - Belgrade. From these originate the numerous railway line raids in the area of Sisak.
2. A strong group of Partisans, 5 Brigades, is uniting in the area around Travnik, their direction of action is presumably towards the area of heavy industries Zenica - Zavidovici - Tuzla - Vares.
. . . . . . . . . . .
Teslic was taken by a Brigade of Partisans in a sudden attack during the period covered by the report, but could be taken back in sight of three days due to the counter measures that were quickly carried out and thereby Army economical damage was prevented.
. . . . . . . . . . .
3. Acts of sabotage:
In spite of most careful military security and constant guarding of the railway lines by strong Jagdkommandos and adequate protection of the main railway lines is not guaranteed. This is due to the strength of the enemy and his methodical operations, and our present forces in a terrain which is in part difficult to survey.
The weakness of the Croation Governmental authorities, who out of concern for the life of Franzetic, a member of the government taken prisoner by Partisans, do not dare to apply the necessary force is impeding the execution of intimidating measures against saboteurs of railway lines.
The troop in the area Sunja-Sisak has already taken measures of reprisal against the civilian population living near the railway line. There is an impression that the railway personnel even up to the highest officials in Zagreb are on good terms with Partisans and tip them off as to the transport plans.
The following cases of sabotage and raids happened during the period of the report:
MR. FENSTERMACHER: And Your Honors will note the types of sabotage actions which were committed against the German occupation authority and the number of such attacks. Continuing with "Tactical Situation and Aims: The building up of effective protection for the industrial areas and reestablishment of the railway lino Sarajevo Jajce as well as replenishing the German and Croatian Units (sic). In carrying out the newly decreed instructions against the civilian population, both divisions intend to begin with the arrest of the male population in unreliable areas." The order is signed in draft by General Lueters. Continuing now with the picture in Croatia during the period of January 1943, Page 40 of the English and Page 32 of the German Document Book, Document No. NOKW-958, which becomes Prosecution Exhibit No. 255.
THE PRESIDENT: We will take our morning recess.
(A recess was taken from 1100 to 1115)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: Proceed.
Mr. FENSTERMACHER: You will recall just prior to the recess we were considering Document NOKW-928, Prosecution Exhibit No. 255, at page 40 of the English and 32 of the German. We are concerned factually with Croatia during the month of January 1943. This document is a Situation Report from General Leuters in Croatia, dated 19 January 1943, to the Commander in Chief Southeast. The report itself appears in the middle of the page 40 of the English and page 32 of the German. "Estimate of the Situation from 7th January to 16th January 1943."
1.) Political Situation:
No change.
2.) Enemy Situation:
Offensive activity from the "Partisans-state" situated west of the line of demarkation remained unimportant. In the operation area of the German troops the enemy pressure shifted in the main towards the security area of the 718th Infantry Division. In detail the enemy situation during the period reported on was subject to the following changes:
a) The 2 Brigades reported to be in the Samarica have increased their activity. In addition to fortifying their positions in the North Samarica they are trying to seize arms from the 369th Infantry Division by means of well prepared raids.
. . . . . . . . . . . . . . .
c) During the period reported on several enemy brigades pushed forward to about 20 kilometers southeast and southwest of Banja-Luka, some of which must have reached Banja-Luka via the Vrbanje valley from the direction of Sanski Most and some from the direction of Travnik. The strength of the enemy is estimated to be about 4 brigades."
.............................
Continuing with the report:
3.) Acts of Sabotage:
East of Ruma an especially serious case of sabotage occurred, during the period reported on agains a German train transport, whereby 24 people were killed and numerous people were wounded. As reprisal measures, of 2 of the villages suspected of the act of sabotage one was bombed and the able bodied males of the other were arrested as hostages. One of the latter was shot while attempting to escape. The population was warned by posters and leaflets dropped by plane. As a result of another serious case of sabotage in Syrmia all telephone connections from the Balkans to the Reich were interrupted for 20 hours. As yet measures of reprisal could not be taken because all German troops have left and there are no men in all the suspect villages. For the rest the sabotage activity has not changed since the last report.
And then there follows a table of the cases of sabotage and raids which have occurred, and the number of such acts of sabotage and raids, it's on page 42 of the English and 32 of the German, and the report is signed "Luters, General of the Infantry," Page 43 of the English, page 33 of the German, NOKW-1037, which becomes Prosecution Exhibit 256.
This first portion of the document is an Order dated 12 January 1943 from the Commander of the German troops in Croatia. The receipt stamp of the 718th Infantry Division showing the receipt of the order on the 14 January 1943, appears on the right hand portion of the document. The order is concerned with the method of combat in the Croatian area. And this order, Your Honors, please, the Prosecution believes to be representative of the type of orders which resulted in the acts in the documents which have been described up to now, and which we will continue to be concerned with and describe.
1.) The total war situation requires the pacification of the Croatian area. A spread of the present focal point of infection toward the north may seriously impair the main railroad line, and check the flow of supplies for the entire Balkan and for Crete and thereby lead to the collapse of the entire axis position in the southeast.
2.) Consequently rapid and thorough measures arc necessary. These must be severe, since obviously Partisan and Cetnik terror has been more effective up to now than the law-abiding methods of the occupation troops.
3.) Consequently the following directives are valid for the Croatian area:
a) Any measure seemingly required for the security of the troops and for pacification is justified. In the area of operations, if necessary, formal law and even the sovereignty rights of the Croatian state must yield to this necessity. In the interest of real pacification the last mentioned (the disregard of Croatian sovereignty --) is to be done only in exceptional cases. Extensive and responsible cooperation of Croatian military and civilian offices is desired.
b) No one is to be called to account for over-severe measures; of course this does not cover any action showing a dishonorable attitude (for instance personal profit, mistreatment of women and children); in such cases severe measures will have to be taken.
c) By means of continuously combing through the country all men capable of bearing arms must be removed from the country as soon as possible.
d) The main mission of the occupation troops is the protection of plants vital to the war economy. They must remain in operation. All other economic problems will take a back place be hind military necessities.
4.) Treatment of the Population:
Anybody who has participated in the fight against the occupation troops or against the Croatian State is to be hanged or to be shot to death. This also includes all non-residents or anyone else encountered on the field of battle.
People suspected of participation are to be arrested. Leaders are to be kept with the Division as exchange prisoners, the other suspects so as to be shot to death in case of reprisal measures (hostages).
All other men capable of bearing arms (from 15 years of age) are to be deported from Partisan suspect territories into special collection camps under guard.
The divisions will be responsible for providing guards, rations, etc. until the delivery to the collection camps.
Villages which are difficult to reach as well as other points established as Partisan support points or otherwise suitable (caves, barrack camps, etc.) are to be destroyed. The same applies to villages from which shots were fired. Beyond that villages are to be destroyed only if the Division Commander has ordered it especially as a reprisal measure.
6.) Booty:
The Commander of German troops in Croatia alone disposes over the entire booty (arms, equipment, cattle, food, etc.) The troops may appropriate their required amounts within the limits of the allotted rations simultaneously reporting it to the Commander (Qu.)
However arms are to be turned over to the captured material collection point without exception.
Supplies which the troops cannot transport and where there is danger that these again will give valuable assistance to the Partisans are to be destroyed.
7.) The above directives are to be communicated to all subordinate Croatian soldiers and to those participating in the commitments in Croatia. Each one must understand throughly that quiet and order can be restored only by the application of most severe measures and that only by this method can further losses of comrades as well as of the really innocent parts of the population be avoided.
The order is signed "Leuters," and the distribution is Down to Battalion Level, page 45 of the English, and page 36 of the German is the passing on of the Leuters Order by the order 718 Infantry Division. The distribution by the Division of the Leuters Order dated 18 January 1943:
"The Commander of the German Troops in Croatia on 12 January 1943 has decreed:"
And then there follows the same order we have just been looking at with the exception of the beginning on page 47 of the English and page 37 of the German which begins, "Implementation by Division":
"Once again attention is drawn to the fact that everybody who has acted energetically and decisively will be covered by me, but that officers and men who have harmed or caused disadvantage to the Croatian state, to German or Croatian troops by cowardice, inability of decision, or inactivity will be called to account by me without consideration, be placed before a court martial and without regard to rank, social standing or origin be sentenced mercilessly."
And this order of the division is signed in draft by the Division Commander Fortner.
We continue now on page 49 of the English and page 38 of the German, document NOKW-1031 which is offered as prosecution Exhibit 257, and now with these and the next five or six orders we turn again to the situation in Serbia where General Bader is Commanding General assisted by his Chief of Staff, the defendant Geitner. The document on page 49 of the English and page 38 of the German is a notice printed in both the German language and the Jugoslavian language:
"By order of the Commanding General and Commander in Serbia the following is brought to the attention of the population:
"Since the O.T. (Organization Todt) driver BRAUN had not returned as of 1 January 43.
"A TOTAL OF 50 FOLLOWERS OF DRAGA MIHAJLOVIC AND COMMUNISTS WERE SHOT TO DEATH -
"by 25 January 1943 -- as was threatened in the notice of 21 December 1942."
And the notice is posted: "Posarevac, 1 February 43" and is signed: "The District Commander Clausen, Major."
On page 50 of the English, page 39 of the German, Document NOKW1027 is offered as prosecution exhibit 258. This is again a printed public notice similar to the preceding document. This proclamation is dated "Belgrade 19 February 1943" and is signed : "The Commanding General and Commander in Serbia."
"On the forenoon of 15 February 1943 a passenger car of the German Wehrmacht was attacked by Communist Bands on the road of Petrovac -- Pozarevac near Toponica. The four passengers, 2 officer, 1 non-commissioned officer and 1 enlisted man were murdered and robbed insiduously, the vehicle was set afire. As a reprisal measure, 400 Communists have been shot to death today in Belgrade."
Your honors will note that there were 4 men killed, 400 persons shot in reprisal were at the ratio of 100 to 1; and the date is February 1943.
"The village of Toponica was partly burned down. Several hundred persons arrested, who were seized in the District Area Pozarevac, will not return to their villages but will be given worthwhile employment elsewhere. The curfew for the District of Poazrevac has been set at 1800 hours until further notice. The German Wehrmacht is not willing to watch passively the disastrous activity of the Communists and of other insurgents."
Turning now to page 51 of the English and page 49 of the German, Document NOKW-1249, which becomes prosecution Exhibit No. 259, these are situation reports of the 704th Infantry Division, the first one dated, "In the Field 17 February 1943.
The sources of information for the report are listed: "Reports of the troops, Reports of Confidential Agents, Results of Interrogations, Enemy documents, Reports from Police Offices, from Counter-Intelligence Report, Centers and from Administrative Officers."
Under sub-paragraph "d", "Special Events", page 52 of the English and page 40 of the German, the text of the report relates to the proclamation which have just been noticing. The proclamation dated 15 February 1943 relating to the execution of 400 Communists for the --in reprisal for the death of 400 insurgents.
"Action against the German Wehrmacht. Attack by a Communist band, evidently composed of 12 men and 1 women probably belonging to Sima Simic, on the command car of the Commanding Officer of the 724th Grenadier Regiment on 15 February 43 near Toponica, 14 kilometers SouthSoutheast Pozarevac. The 4 passengers, Colonel Hensel, another Officer, 1 non-commissioned officer, 1 enlisted man were murdered and robbed and the car was set on fire. As a reprisal measure, 400 men will be shot dead in Belgrade by the SD. 240 Serbian male civilians from the area South of Pozarevac were arrested and turned over to the SD in Belgrade. These people should not return to their villages but are to be sent for compulsory labor at the proper place by the Plenipotentiary General for Economics in Serbia.
The village of Toponica was partly burned down. The curfew for the District of Pozerevac has been established for from 1800 to 0500 hours. The population has to count on additional and reprisal measures if it does not fulfill its obligation to report all observations regarding the insurgents in the interest of the Serbian country."
Continuing with the report, on page 53 of the English, page 40 of the German:
"A captured bandit, who participated in the kidnapping of two members of the Luftwaffe of the weather station Kapetanski Dr. Milanovac, states that the two soldiers had been dragged along alive for four days and then had been be ten to death with rifle butts on the road from Rudna Glava to Majdanpek, one hour by road from Rudna Glava."
Under "D.M.Movement: Did not show up much. The order to refrain from attacking German Troops strictly obeyed. Despite numerous operations in areas in which many D. M. Trojkas are present, the troops have as yet been unable to make contact with the enemy."
Under "Own Losses: Troops, 4 dead, 1 wounded; Serbian Volunteer Corps, 1 dead, None wounded; Organization Todt, None dead, 1 wounded (died in hospital):
"Enemy Losses: (including people shot to death by the troops for possession of arms), 55 dead, 8 wounded."
"Additional dead and wounded of D.M. units to be assumed but could not be ascertained. In addition, 21 bandits arrested while carrying arms shot to death by SD in Pozarevac. Arrests: 328."
And the report is distributed: "Down to Battalions and independent units."
Page 54 of the English and page 41 of the German, we have another and extremely important report of the 704th Infantry Division, this time dated 26 February 1943. The subject is: "Enemy Situation Reports from 17 to 26 February 1943."
The first part of the report deals with "The Attitude of the Population."
"Attitude of the Population Fluctuates.
"On one hand, the events in the East and in Africa are regarded by the intellectuals and insurgents with confidence in the hope of a speedy liberation from the occupying power, due to the distorted reports of foreign broadcasting stations and the whispering propaganda ensuing from it. On the other hand, the severe reprisal measures, as announced in the last report and meanwhile carried out, have had a positive effect in the entire Divisional Area. While the shooting to death of 400 Communist hostages has lowered the morale among the bandits but did not break their will to fight, the effect of the evacuation for compulsory labor employment of more than 800 village inhabitants from the District of Pozarevac should be estimated much higher than was supposed in the beginning as far as the morale of the population of the district and also as far as the DM followers are concerned. Consequently, the morale in the Districts concerned in Sector East has reached its lowest point. The population asks itself seriously the following questions:
1. Will the German Wehrmacht carry out additional arrests as reprisal measures and when are they to be expected?
A. What happens to those arrested up to now? Will they really be put to work or will they be shot?
3. When could one count on a possible return to their families?
4. What can the population do on its part to speed up the return and to a void further arrests?
These questions were voiced openly for the first time during a propaganda operation by the Division with the loud speaker car of propaganda detachment Southeast in the district of Pozarevac on 24 Feb. 1943. It is true, the majority of the population fled in panic at the arrival of the loud speaker-car which was accompanied by a strong convoy guard and a radio car.
However, the explanation of the loud speaker had a calming effect on those who were left so that the inhabitants who had meanwhile returned passed through the streets as usual during the return trip through the same villages. During the discussion of the speaker, a Sonderfuehrer of the Division" -- and, if your Honors please, the next three words, "with the population" should be stricken out of the English document book -- an offer by the population concerning the above problems, to turn over actual Communists and other suspicious elements and instigators to the German offices in exchange for those arrested up to now was discussed several times with the population. The Division will carry out such an experiment. Proper measures will be taken to counter the obvious danger of extensive denunciations. Anyhow, the operations of the troops have achieved that the fear of further reprisal measures for the first time outweighs the fear of Communist terror with the population in the District of Pozarevac."
And then, if your Honors please, there should be dots of discontinuance at the bottom of page 56 of the English and 42 of the German.
Continuing now on page 47 of the English and page 43 of the German:
"400 Communists and hostages shot to death in Belgrade. (Retaliation for the murder of Colonel Hensel and his companions).
"20 inhabitants of Brzohode, 11 kilometers West Southwest Petrovac pursuant to order OK (II) 378 shot to death by Serbian State Guard (Retaliation for the Serbian Labor Service Leader murdered there)."
Then, if your Honors please, we believe the illegible initials -- no withdraw it.
Continuing now on page 58 of the English and page 44 of the German, Document NOKW-1413 is offered as prosecution Exhibit 260. This is a collection of orders by the Commander in Serbia, General Bader, to various subordinate Administrative Sub-area headquarters.
The actual document relates to enclosures in the War Diary of the orders which have been issued by General Bader to the subordinate units. The first is dated "3 February 1943" and is "Enclosure 8" of the War Diary. It is an order to the 809th Administrative Sub-area headquarters.
"Penal guard duty of the destroyed telephone line near Knjazevac for the duration of 4 weeks is approved.
The shooting to death of 10 hostages as a reprisal measure for the murder of the municipal secretary Stanovic in Zubetinac is approved. Only persons who by their convictions are close to the circle of the presumable culprits may be shot to death. If the political affinity of the culprits cannot be established, one half each Communists and D.M. followers are to be used.
Completion of mission is to be reported. One copy of the publication is to be sent here for the records."
Signed: General Commander in Serbia" by his "Ia" or Operations Officer and the initial "B" which we have stated as found in the document should be changed to the initial "G" which we believe is the initial of the defendant Geitner.
Turning to page 59 of the English, page 44 of the German, an order of General Bader dated 6 February 1943, this time to the 610th Administrative Sub-Area Headquarters, Subject, Reprisal Measures in the District of Jagodina:
"According to report of the Serbian Ministry of the Interior one hundred hostages were arrested in connection with the incidents in Svilajnac by order of the commandant of the district headquarters there. The arrest of the hostages was carried out without my orders and consequently is to be rescinded. Before the hostages are released a check is to be made with the Serbian head, which of the persons arrested are D.M. followers and Communists. These persons are to remain under arrest and may be used in later reprisal executions.
Reprisal measures in detail:
a) For the murder of the mayor of Kuseljevo on 19 January 1943 the ten persons suggested by the district head in Jagodina are to be shot to death. As far as they are inmates of the concentration camp Banjica in Belgrade they are to be shot to death by the SD in Belgrade, and in direct agreement with the letter."
"For the municipal treasurer Ilic of Vel. Popovic, murdered on 25 January 1943.
For the interpreter Magasic murdered on 30 January 1943.
For the district employee Borisav Stevanovic murdered on 30 January 1943.
For the Serbian State Guard Sergeant wounded on 30 January 1943, in Popovic.
For the Serbian State Guard Captain wounded on 29 December 1942 in Blagoje Milic," Now, if Your Honors please, the figure "10" should be inserted at the beginning of the line, 'DM followers,' and I believe also in the German if it is not listed.
"10 D.M. followers are to be shot to death for each person killed; five D.M. followers are to be shot to death for each person wounded.
The Serbian District Head in Jagodina has been directed by the Serbian Ministry of the Interior to submit suggestions to the Commandant of District Headquarters Jagodina before 12 February 1943. The execution is to be carried out only after review by the German Commandant of district headquarters. In case the number of D.M. hostages is insufficient the Commander of the Security Police will make them available from the camp in Belgrade on request."
Order reference to Ia No. 148/43, is amended insofar as 20 persons are to be shot to death in the area of 832nd District Headquarters, 75 in the area of 833rd District Headquarters and 50 persons in the area of 834th District Headquarters."
(signed) Commanding General and Commander in Serbia Ia No. 156/43 Your Honors will note, if you look at the original photostatic copy that there again appears the initial "G" at the end of the text of the order, and we believe that initial belongs to the defendant, Geitner.
Continuing now with page 62 of the English, page 46 of the German, another order of General Bader to Headquarters, this time dated 9 February 1943, 809th Sub-Area, the references are given. The letters of the Sub-Area Headquarters to General Bader, dated 7 February 1943:
"Teletype order Ia No. 153/43 of 5 February 1943 concerning reprisal measures for alleged dynamite plot against express train Belgrade-Sofia is rescinded.
For the blowing up of the bridge on the line Doljevac-Prokuplje on 29 January 1943 the shooting to death of five persons is authorized.
In the event that civilians serving as guard during the attack are found guilty the persons concerned are to be shot, however, not as hostages or reprisal prisoners but as accomplices.
Concerning proposals to 2 and to 3 the Commandant of Administrative Sub-Area Headquarters can decide on his own authority.
Report of execution of mission is to be sent here with a copy of the publication enclosed."
(Signed)"Commanding General and Commander in Serbia Ia No. 166/43" The initial "Y" on the English, and I believe on the German document book, should be changed to read the initial "G", which again we believe to be the initial of the defendant Geitner.
THE PRESIDENT: What is the occasion for the misinterpretation of these initials?
MR. FENSTERMACHER: If Your Honors please, the interpretation was done, in many cases, by a translator of the document in the English, and by a German stenographer into German, before the lawyer or some other person with full knowledge of the signatures could actually get to the document.
THE PRESIDENT: Do you have any proof of the signatures themselves?
MR. FENSTERMACHER: We have not as yet asked the defendant Geitner whether they are his initials or not. We believe that they will not be denied, and our basis for our belief is a comparison of his full signature with the initial.
THE PRESIDENT: You have no proof in the case in chief as to the signature?
MR. FENSTERMACHER: No proof in the case in chief, Your Honor. It is only our assumption.
THE PRESIDENT: These are your conclusions, or conclusions of the Prosecution?
MR. FENSTERMACHER: That's right. We simply direct Your Honor's attention to them, and when the defendant Geitner takes the stand, he may deny them.
THE PRESIDENT: All right.
MR. FENSTERMACHER: Continuing now on page 62 of the English and page 46 of the German, we have another order by the Commanding General, and Commander in Serbia, dated 9 February, 1943, again to 809th Administrative Sub-Area Headquarters -- I beg your pardon.
Continuing on page 63 of the English, page 47 of the German, Order of 10 February 1943 to 610th Administrative Sub-Area Headquarters:
"Subject: Murder of mayor Ristic in Zalogovac.
The shooting to death of 10 Communists in reprisal for the murder of the mayor of Za. is approved. In the event that the operation of police district office 34 results in the arrest of accomplices of the culprits they will be shot to death as accomplices. The Commander of the Security Police will make available hostages which are lacking. Report of execution of mission is to be sent here with a copy of the publication enclosed.
Since according to your teletype of 9 February 1943 the attack on the community of Luznica was due only to the fact that the village guard there failed to act, the village guard will be called to account of her", the next word should read "incompetence", Your Honors, rather than "competence", incompetence by the chief of the Police District Office. Reprisal measures by means of the imposition of a fine can be considered only if further cooperation of the village population can be established. In this connection reference is made to the order Military Commander Serbia, Administrative Staff No. 144/41 secret V, II of 17 July 1941 pursuant to which the Commandant of Administrative Sub-Area Headquarters is authorized to impose fines up to 100,000 Dinars."
The order is signed "Commanding General and Commander in Serbia".
Again on page 64 of the English, page 48 of the German, is another order of General Bader, dated 12 February '43, again:
"To 610th Administrative Sub-Area Headquarters.
Subject: Reprisal measures for surprise attacks on railroad linex Lahkovac - Cacak.
In reprisal for the attacks on the railroad line Bajkovac-Cacak. executed in the night of 10 to 11 February 1943 30 Communists or D.M. followers are to be shot to death. Persons brought in by the Serbian State Guard may be used for reprisal after screening. If the occasion arises, they are to be shot to death as accomplices or helpers. The shooting to death of hostages lacking is to be proposed directly to the Commander of the Security Police. Report of execution of mission is to be sent here with a copy of the publication enclosed."
Signed: "Commanding General and Commander in Serbia".
Again on page 65 of the English, page 49 of the German, another order of General Bader dated 15 February '43, to the subordinate 809th Sub-Area Headquarters:
"As a reprisal measure for the wounding of the secretary of the district office of Knjazevac the shooting to death of five Communist hostages is approved.
Report of execution of mission is to be sent here with a copy of the publication enclosed."
Signed, "Commanding General and Commander in Serbia."
Again the initial "Y" on the document should be changed to read initial "G", which we believe to be the initial of the defendant Geitner.
Continuing on page 66 of the English, page 50 of the German, General Bader's order 15 February 1943, to the 832nd District Headquarters and the 610th Administrative Sub-Area Headquarters:
"In reprisal for the murder of the district head and former mayor of Raca, 20 men are to be shot to death who remained passive during the attack and thereby are to be considered as accomplices.
Report of execution of mission is to be sent here with a copy of the publication enclosed."
Signed, "Commanding General, and Commander in Serbia."
Again the initial on the document has been misinterpreted, and should be changed from "Y" to "G". Again we believe it is the initial of the defendant Geitner.
DR. LATERNSER: I am taking up the word now as the speaker for the defense, for the not present Dr. Sauter. The prosecution tries in its presentation to interpret letters which have been previously interpreted differently, and as they are shown in the document book, to interpret them and substitute another letter.
I object to this because from the original, it is by no means shown that this pure assertion of the prosecution is correct. Either the letter is clear, then it has to be shown like this in the document book. However, if it is not clear what letter is meant, then that has to be shown in the copy of the original. The prosecution can not now argue what the letter is.
I summarize, either the prosecution has to indicate the letter as it is clearly shown in the original document, or if it is not clearly and unmistakably shown, then this fact has to be pointed out in the copy of the document.
I object, therefore, to this interpretation of the prosecution for this interpretation has to be proved first.
MR. FENSTERMACHER: If Your Honors please, our comments are only for the assistance of the Tribunal in interpreting the evidence which we are presenting.
THE PRESIDENT: The Tribunal is of the opinion that these documents which are presented here are presented as accurate interpretartions and translations. Until such time as they are shown to be inaccurate by a statement of proper evidence, the objection will be sustained.
MR. FENSTERMACHER: Continuing on page 67 of the English, page 50 of the German document book, is another order of General Bader, dated 16 February 1943, to 610th Administrative Sub-Area Headquarters:
"Reference: Your teletype of 12 February 1943.
"In reprisal for the telephone sabotage committed on the railroad line Arandjelovac-Mladenovac during the night 11 to 12 1943 five Communists and five D.M. followers are to be shot to death. These are to be taken, if possible, from the villages of Banja and Kopljare. The Serbian District Head is to participate in the selection of hostages.
"Report of execution of mission is to be sent here with a copy of the publication enclosed."
Signed by Commanding General and Commander in Serbia.
Next, on page 68 of the English, page 51 of the German, is General Bader's order of 16 February 1943 to 809th Administrative Sub-Area Headquarters:
"Reference: Your teletype of 16 February 1943.
"The suggestions in your teletype above concerning reprisal for the destruction of the two telephone lines Knjazevac-Svrljig and Knjazevac-Soko Banja are approved.
"Only persons suspected of being Communists or D.M. followers may be apprehended as hostages."
Signed Commanding General and Commander in Serbia.
Page 69 of the English, page 51 of the German, an order of General Bader, dated 22 February 1943, to the 610th Administrative Sub-Area Headquarters:
"For the murder of the railroad employee Tripkovac in the station of Stopanja on 19 February 1943 ten Communists or D.M. suspects are to be shot to death - according to the result of the investigations. If the political affinity of the culprits cannot be established, five D.M. followers and five Communists are to be shot to death.
"2) For the sabotage on the telegraph line near Darosava (10 kilometers NW of Arandjelovac) committed during the night of 10 to 19 Febru 288 Jul 47-M-11-2-EHM-Stone (Schaeffer) ary 1943 ten Communists are to be shot to death.