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.
"3) Report of execution-of mission is to be sent here with a copy of the publication enclosed."
Again signed Commanding General and Commander in Serbia.
Page 70 of the English, page 52 of the German, is another report of General Bader, dated 22 February 1943, to 809th Administrative Sub-Area Headquarters:
"Reference: Your teletype of 21 February.
"In reprisal for the blowing up of railroad tracks at the tunnel in the railroad station of Palilula on 10 February 1943 ten Communists are to be shot to death.
"Measures to 2 and 3 can be carried out on his own competence of Administrative Sub-Area Headquarters. (initial ill)" Signed Commanding General and Commander in Serbia.
Page 71 of the English, page 53 of the German, is the final order in this document, the order of General Bader, dated 26 February 1943, to the 610th Administrative Sub-Area Headquarters:
"A total of 40 Communists is to be shot in reprisal for the attack on the mines of Vrbica on 20th and 21st and Oraschatz. For the attack on Belanovica on 20th and 21st and the killing of three Serbian administrative employees which ensued 30 Communists for the destruction of the telephone line near Topola on 23 February ten Communists are to be shot to death." This should read "if": "If the area of Administrative SubArea Headquarters has not sufficient (Communists) available, they will be supplied by the Commander of the Security Police. Report of execution of mission is to be sent here with a copy of the publication enclosed."
And the order is signed Commanding General and Commander in Serbia.
Turning next to page 72 of the English, page 54 of the German, is Document No. NOKW-1550, which is offered as Prosecution's Exhibit No. 261. These are a series of Daily Reports for the months of January and February 1943 from the Commander in Chief Southeast, who at this time was General Loehr, and his Chief of Staff was the defendant Foertsch, sent to Army Headquarters of the OKH in Berlin.
First is the Daily Report of 1 January 1943. Under the section of the report dealing with Greece:
"Major General von Studnitz has taken over command in the Saloniki - Aegean sphere of command - in the area of Saloniki; 20 Communists shot dead in reprisal for attacks committed. The remaining two detachments of the Reich Labor Service, Group 40 and 45, arrived in Saloniki."
And this report, as are all the reports in this series, is signed by the Commander in Chief Southeast, who was simultaneously Commander of Army Group E.
Continuing on page 73 of the English and 55 of the German, the Daily Report of 4 January 1943:
"During mopping up northeast Bos. Novi 14 enemy dead, 2 villages of the insurgents burned down, enemy ammunition supplies destroyed."
And the next page in both the English and German, the report of 5 January, under Serbia:
"In Belgrade two arrests, 10 Communists shot dead in reprisal for attack. Plans for increased patrol activity during withdrawal movement.
"Message.
"Eight kilometers south of Sisak a transport train of the 369th Division struck a mine. Engine and four cars derailed. Train fired on from both sides. Eleven soldiers, one railroad employee dead. Train looted and partly burned out. Traffic interrupted presumably until 6 January a.m. Research under way. Panzer support did not arrive early enough because departure of transport from Zagreb had not been reported. Reprisal measure underway."
And the next page, the report of 8 January 1943 -- I beg your pardon, the report of 7 January 1943, under the sub-division "General":
"Increase of all kinds of acts of sabotage. Serbia: Radio monitoring of Mihailovic shows that the incipient weakening of the occupation of Serbia has been realized. Individual attacks."
And then continuing with the report of the 7th of January, on page 76 of the English, page 57 of the German, under West Bosnia:
"In Teslic quiet. Reprisal measures started. Bomb attack on band shelters near Teslic is intended. Thirty kilometers north and 35 kilometers northwest Jajce enemy assembling.
"Navy transport train for Crete derailed due to mine 40 kilometers northwest Belgrade. Up to now 19 dead and 22 wounded were takencare of. Reprisal measures against surrounding villages not possible since inhabitants are national Germans.
"The mass of the male population has been drafted, the rest is with railroad security. Individual troop transport trains will travel only during the day until further notice. Supply trains will travel also at night with security car. North of the Save Communists have carried out several compulsory recruiting actions."
And then the section of the report dealing with Greece:
"On 6 January the 8th and 11th Company of the 11th Artillery Regiment of the 11th Luftwaffe Field Division arrived. One hundred ninetyseven men flown over to Crete, of whom 57 belonged to the 22nd Infantry Division. In the Piracus a balloon with tow rope shot down and secured.
"7 January, 0330 hours, attack by a multi-engined enemy plane on Athens. Six bombs dropped on the southeast edge of Athens; two Greek houses destroyed, three damaged, one Greek dead. A renewed sabotage attempt on the searchlight Salamis was repelled. Culprits escaped after losses. In the German occupied territory it has been ordered to turn in all radio sets and radio installations. Entire small boat traffic is stopped; 18 hostages shot dead, 45 new hostages arrested."
And on the next page, page 77 of the English, 55 of the German, is the Daily Report from the Commander in Chief Southeast to OKH in Berlin for the 9th of January 1943. Under "Serbia":
"In Belgrade, 14 arrests. Near Valjevo small Mihailovic group captured. Numerous attacks on communities. Near Djunis (45 kilometers northwest Nish) dynamite attack on railroad bridge, main line Nish-Belgrade. Traffic interrupted for eight hours, suspects caught. Shooting of hostages will be carried out."
Turning to the next page, a Daily Report of the 12th of January 1943: "Serbia: Individual attack in northeast Serbia. In Belgrade eight arrests, in addition six more Communists shot dead in reprisal for railroad sabotage northwest of Nish."
On the next page, 79 of the English, 61 of the German, the Daily Report of the 19th of January 1943:
"Croatia.
"North of the Save.
"The German Plenipotentiary General in Croatia takes command of the areas north of the Save 20 January 000 hours. Syrmia quiet now after severe reprisal measures. Several attacks on subsidiary lines. In the area Pakrac-Nasice (40 kilometers north Brod) fair sized band repelled, 35 enemy dead."
Turning next to the report of the 22nd of January 1943 on the succeeding page. Your Honors will note that the same text of this report goes also to the Commanding General and Commander in Serbia:
"German Liaison Staff with CDO Supersloda: German Plenipotentiary General in Croatia - Commander of German troops in Croatia - OKW/WFSt/op (Army)," and the other units which are listed as having received copies of the report.
Daily Report of the 22nd of January 1943, turning to page 81 of the English and 62 of the German for the text of the report. Under Serbia:
"Several minor attacks in Bulgarian occupied territory. Successful employment of Pursuit Detachment. More than 100 arrested. Ten shot dead in reprisal. Belgrade - 17 arrested."
I think we may skip the next report of the 30th of January 1943 and look at the Daily Report of 2 Eebruary 1943 on page 83 of the English and page 65 of the German:
"SS Division -- Together with West Group encountered road blocks near Ripac. Their removal underway. Companies ordered to mop up to the left to the advance road encountered strong enemy (about three battalions) north of Bijelo Brdo.
During successful battle 23 dead, 34 wounded. More than 100 enemy dead counted, 47 prisoners shot dead, 363 taken into temporary custody."
Next, the report of the 6th of February 1943, page 85 of the English and page 66 of the German.
THE PRESIDENT: We will adjourn at this time until 1:30 this afternoon.
(A recess was taken until 1330 hours, 28 July 1947)
AFTERNOON SESSION
THE MARSHAL: Persons in the Court room will please find their seats. The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. FENSTERMACHER: If the Tribunal please, your Honors will recall that prior to the luncheon recess we were considering Document NOKM-1550 which is Exhibit 261, and we were on page 85 of the English and page 66 of the German Document Books, reading from a series of reports sent by the Commander in Chief Southeast during the period January and February 1943, reports which were sent to the OKH Headquarters in Berlin, Continuing now with the daily report of 6 February 1943, "Communist group near v. Lasce (Slovenia). 49 enemy dead."
Then the portion of the report dealing with Serbia, "47 Mihailovic followers arrested, among them two company Commanding Officers. Newly found leaflets attack Medic Government and call on the Serbian people to join D.M."
Then the report of 8 February 1943 on page 87 of the English, page 67 of the German, "Serbia:--Weather, cloudy, temperature above zero, Pro paganda and pillaging expeditions of small bands stopped by successful patrol operations Valjevo, Petrovac, Lazarevac. 30 arrested persons shot dead after interrogation."
On the next page, the daily report of 10 February 1943, "Serbia, Near Pozarevac, 32 Serbian policemen (D.M. followers) arrested. Near Milanovac, 25 Communists arrested. 10 shot dead in reprisal for murder of mayor."
Next the report of 12 February 1943. "Serbia. Weather clear -- some attacks on communities - 36 bandits shot dead."
Page 90 of the English and page 70 of the German, the daily report of the 15th of February 1943, "Lest Bosnia: Elements of 714 Division together with the 2nd Battalion of the 969 Grenadier Regiment committed against Communist Groups Southeast Bos. Novi. - Enemy concentrations near Sitnica (Southeast of Klujuc) attacked by Luftwaffe, Line Jaice D, Vakuf again interrupted.
10 hostages shot dead."
The next on page 92 of the English and 71 of the German, the daily report of the 17th of February 1943, under Croatia and under the 717th Infantry Division, "Dead: 6 officers, 112 non commissioned officers and men; wounded: 8 officers, 282 non commissioned officers and men; missing: 20 non commissioned officers and men; enemy losses:6,521 dead, 1,725 wounded; 2010 arrested suspected males and 300 females. Of these 490 males and 285 females were sent to the camp Semlin."
Continuing with the reports on page 94 of the English, page 72 of the German, daily report for the 18th of February 1943, "Serbia: Increase committment of Pursuit Detachment in area of Pozarevac. 27 enemy dead, more than 400 taken into temporary custody. In Banat, 24 Communists shot dead while trying to escape. Local attacks and skirmishes with insurgents. 55 Communists shot dead in reprisal."
The next page, the daily report of the 20th of February 1943, "Serbia: A total of 196 former Yugoslav Officers arrested during the arrest action carried out all over the country during the night from 16 to 17 February. They will be sent to prisoner of war camp. Near Pozarevac, 400 arrestees shot dead in reprisal for attack on Commanding Officer of the 734 Infantry Regiment. In Belgrade: 36 arrests."
Page 97 of the English and 74 of the German is the daily report for the 21st of February 1943: "Belgrade: Minister of the interior orders compulsory work for duration of 4 months for classes 1917 to 1921. To be employed in plants important for the war. Near Petrovac, 30 suspects arrested, 7 shot dead."
Turning next to page 99 of the English and 75 of the German Document Book, NOKW-1336 which is offered as Prosecution Exhibit 262, this is an order of the Commanding General and Commander in Serbia dated -your Honor's document book should be corrected from the 26th of February, 1943, to read the 28th of February, 1943. This is an order of General Bader dealing with making the execution of hostages administration ma chinery more effective.
Subject: Establishing of camps for Reprisal Prisoners In order to accelerate and increase the effectiveness of the reprisal measures which have been ordered, the establishing of camps for reprisal prisoners is hereby ordered in Belgrade for the districts Belgrade and Pozarevac Sabac for the districts Sabac and Valjevo Cacak for the districts Kragujevo and Uzice Kragujevad for the districts Kragujevac and Jagodina Krusevac for the district Krusevac Zajecar for the district Zajecar Nis for the district Nis Leskovac for the district Leskovac For the present, the establishing of a special camp for reprisal prisoners for the district Mitrovica is not envisaged.
The camps (with the exception of camps already existing in Belgrade, Sabac and Nis) are to be installed by the District Administrative Headquarters, utilizing existing facilities such as prisons, barracks, etc. They should be large enough at least to house 50 reprisal prisoners. The installation and the current upkeep of the camp is the task of the communities in which they are established. Feeding and medical care of the reprisal prisoners is to be provided for. The guarding is to be settled by the District Commandants in agreement with the heads of Police District offices and the local troop commanders. In case of difficulties reports are to be made to my office.
Installation capacity and guarding of the reprisal camps are to be reported by the 20 March 1943.
The camps in Belgrade, Sabac and Nis are subordinated to the Commander of the Security Police. The Higher SS and Police Leader reports by 15 March 43 what other camps can be taken over by Security Service Branch Offices." The order is signed Bader and your Honors will note the dis tribution of the order.
THE PRESIDENT: Pardon me just a minute. Does the turning off of these lights make it a little cooler in this room? Does it affect the reporters? If there is any objection on behalf of the reports, please indicate it. The fact that you have not indicated it indicates it is all right, so until such time as we find it necessary we will leave the lights off and perhaps it will make it a little cooler under the present summer conditions.
You may proceed. Pardon the interruption.
MR. FENSTERMACHER: Your Honors will note that the order we are dealing with is signed by Bader and also note the distribution list. "To all Administrative, Sub-Area and District Headquarters; to the Higher SS and Police Leader; to the Commander of the Ordnance Police, and to the Commander of the Security Police."
Turning now to the final document in Document Book X, page 107 of the English, page 77 of the German, Document NOKW-382, which is offered as Prosecution Exhibit 263, this, if Your Honors please, is an extremely important document because it establishes the administrative machinery for the execution of hostages. It outlines the pattern which will be followed from this period on with respect to these -
THE PRESIDENT: I didn't hear the reference to the page from which you are reading.
MR. FENSTERMACHER: This if your Honors please, is on page 107 of the English, page 77 of the German.
THE PRESIDENT: Thank you.
MR. FENSTERMACHER: It is this order of General Bader which sets the pattern which will be followed from this time on with respect to the seizure of hostages and the execution of hostages. The order is dated 28 February 1943. Subject: Reprisal by taking human life.
THE PRESIDENT: Page 107 of the English?
JUDGE CARTER: Page 101 of the English, isn't it?
MR. FENSTERMACHER: Your Honor is correct. Page 101.
THE PRESIDENT: Does turning off the lights affect the translators or interpreters? It is all right.
Subject: Reprisal by Taking Human Life.
The increasing importance in combatting the insurgent movements in Serbia, of a uniform and clear procedure on this procedure - on the severest measure, the taking of human life - makes necessary a new and comprehensive summary of the orders in effect in this field.
All officers and heads of offices who participate in the carrying out of reprisal measures are charged by me with the duty of observing carefully the following regulations.
I. In what cases are reprisal measures applicable?
1.) Security of Personnel Reprisal measures will be applied in the case of any attack directed against the person or the life of:
a) A Reichdeutscher or a Volksdeutscher (Wehrmacht, Wehrmacht employee, or German civilian).
b) A member of the Bulgarian Occupation Corps.
c) A person in the service of the occupying powers regardless of his nationality.
d) A member of the Serbian government or a high Serbian official (District or Kreis Supervisor, Mayor), officers of the Serbian state guard, a member of the Serbian Volunteer Corps, et al., however, reprisal measures shall only result if
a) The perpetators cannot be apprehended within 48 hours