necessary because this action on the basis of the Fuehrer order had already been carried out in Tatarsk in the beginning of September by Noack. There would have been no reason to send me for an execution action.
THE PRESIDENT: You see the circle you get into. He now says it would have been impossible because there wouldn't have been such an action. do with the execution of the Fuehrer order would you have been sent there. You replied "No, they would have sent another officer."
THE PRESIDENT: Well I think it is simpler if you just go right ahead, Dr. Mayer. BY DR. MAYER:
Q Witness, didn't you also say that your linguistic knowledge was the decisive thing because Nebe knew investigations had to be carried on? been necessary if the mission was carried out purely according to the Fuehrer order?
Q Now I come to another point. You said that the leader of Kommando VII-B Rausch held roll call in the moment of the Russian assignment and he reported that the leadership assumed that the Russians would not adhere to the rules of war. From what did they conclude that Russians would not adhere to the rules of war? recognize the Geneva Convention and the Hague rules of land warfare.
Q And what was the reaction of the German leadership to this fact? carried on ruthlessly and therefore had to act accordingly.
Q What did the German leaders revoke?
Q Thus the rules of war were not revoked on the German side? assignment the Kommando was distributed in such a manner that two execitive detachments and one SD detachment were set up. When did this organization occur? departments were evidently mixed up. When was this change? belonged to Kommando VII B because afterwards, as I knew as a member of the staff, the tactics of the Kommandos was completely changed. Kommando. as a member of Kommando VII B.
DR. MAYER: Your Honor, my attention is called to the fact that "stangericht"is translated by jurisdiction. I assume that the correct translation for "standgericht"is emergency military law.
THE PRESIDENT: I don't know the German word.
INTERPRETER: I think it is court martial, your Honor.
DR. MAYER: I beg your pardon, Your Honor, I do not know the English language so well and another defense counsel may clarify this. May I suggest Dr. Leist.
THE PRESIDENT: I don't think it can mean court martial because court martial only comes into play when a member of a military organization is accused of having committed an offense and then officers of that same military organization try him. It is not international. It is purely national. So it cannot be court martial.
DR. MAYER: Well, I think so, too, your Honor. The translation court martial doesn't translate the word "standgericht".
THE PRESIDENT: Of course, if the member of an Armed Force, let us say, A German soldier violates one of the international rules of land warfare then he could be tried by German officers for this offense against International law and that would be a court martial. Is that what you had in mind?
DR. MAYER: No, not a court martial buy a summary court.
THE PRESIDENT: Well, a military court set up by the Germans, by German officers, to try German soldiers? Well, no, well you see there's where the trouble comes. If a German court made up of officers tries a German soldier or a German officer that's a court martial. If a German court tries a civilian of another nation then it may be called a Military Commission. Well, that's what you are referring to, I see. BY DR. MAYER: Yes. who were identified from lists or other material which you found in the NKVD building could be shot if they were considered to be endangering the security and if they were apprehended. Do you know of any case that on the basis of your capture of material a man was apprehended and shot?
Q Another point. Witness, when did you try to commit suicide? letter off to Mr. Wartenberg. first affidavit through Mr. Wartenberg?
A No that was after the first affidavit was made out. I signed the first affidavit on 2 July and I sent off the letter to Mr. Wartenberg on 4 July as far as I remember.
Q Did you repudiate the first affidavit in you second affidavit?
A Yes, I repudiated the first affidavit in your second affidavit?
THE PRESIDENT: Dr. Mayer, suppose you call that the third affidavit so as not to get this confused. We have the first affidavit of July 2, then we have that very fragmentary correction of 27 August and there was the third affidavit.
Of course, if you call it the second large affidavit that might cover it.
DR. MAYER: Yes, I mean by second affidavit the one of 17 September whereas the one of 27 August is merely a correction of a date.
A final question, witness. During the noon recess today did a member of the Prosectuion speak to you?
A In the recess?
Q Before the beginning of the afternoon session?
Q What was discussed?
A Nothing special was discussed. Mr. Ferencz merely admonished me to tell the truth. Thereupon I told him that I was doing that to the best of my knowledge. That was all. That was about the content of the discussion.
DR. MAYER: Your Honor, I thank you. I have no further questions and I am at the end of the case until I submit my Document Book.
THE PRESIDENT: The Tribunal will now take a recess until tomorrow morning and we will be in session all day. Everyone will remain in their seats at the present moment until the judges have actually left the bench then the defendant will be returned to the defendant's box and then the Tribunal will actually be in recess.
THE MARSHAL: The Honorable, the Judges of Military Tribunal II, Military Tribunal II is now in session.
God save the United states of America and this Honorable Tribunal.
THE PRESIDENT: The Tribunal has been informed that the Defendants Braune, Ott, Nosske, Seibert, and Six were taken ill yesterday evening and for that reason will not be in court today. The record will show this.
It was reported that you were ill. I am glad that you are better.
LOTHAR FENDER, a witness, took the stand and testified as follows:
JUDGE SPEIGHT: Witness raise your right hand and repeat after me: pure truth and will withhold and add nothing.
(The witness repeated the oath.)
JUDGE SPEIGHT: You may be seated.
THE PRESIDENT: You may proceed.
DR. FRITZ (Attorney for the Defendant Fendler): Your Honor, the Document Book of Fendler has already been submitted for some time, both in the German and in the English versions. Therefore, it is my intention to use the documents during the direct examination of Fendley, partly to refer to their contents and to read several important passages to the record.
THE PRESIDENT: You may do so. BY DR. FRITZ (ATTORY FOR THE DEFENDANT FENDLER)
Q. Mr. Fendler, give me your personal data.
A. My name is Lothar Fendler. I was born on the 13th of August, 1913, in Breslau. My father was a dentist. I am married.
Q. Briefly describe your education.
A. In Breslau I attended primary and high school and in 1932 I graduated.
Q. What profession did you choose?
A. I started the study of dentistry and in the fall of 1934 I took my examinations as a dentist. In order to do that I served one year in the Army voluntarily. At the end of 1935 I was released as a sergeant in the Reserve.
Q. Why did you report voluntarily at that time during your studies?
A. My financial means had been exhausted and I had to interrupt my studies. Furthermore, it had been announced at the university that one had to count on a law requiring military service of two years. After I had passed my first examination, I was able to interrupt my studies at that point for the period of my military service and this also freed my parents from supporting me. Therefore, I voluntarily reported for military service.
Q. Did you continue to study dentistry after you were released from the military service?
A. No, because of an illness of my father, the financial situation of my parents had become worse. Therefore, I had to try to earn my money by working part time. A comrade in the Army called my attention to the fact that the SS Agency in Breslau was looking for people. Through one of his relatives I came to the South East Sector of the SD in Breslau.
Q. What did you know about the SD at that time?
A. Nothing. I did not even know it existed.
Q. When did you join the SD?
A. In January 1936.
Q. Did you continue to study dentistry later?
A. No, when I joined the SD, it was my intention, as I have already said, to earn my own expenses in order to continue my studies. In August 1936 my father died. My mother remarried behind without any resources and I had to support her. I could not save enough money to continue my studies at that time, because I only earn ed 115 Marks a month, Therefore, I remained with the SD.
Q. What was your first activity in this SD Sector South East?
A. In the beginning I was a guard, a telephone operator, and I worked on the files. Later on I worked on the files and in the office in the then Department 3 of the SD Counter-Intelligence, After that I was used in the Department 321 -- that is Counter-Intelligence -- where I issued messages and prepared reports to the then SD Main Office. In April 1937 I was sent to the then SD Sector Breslau as an expert for Counter-Intelligence
Q. What do you mean by this, "Counter-Intelligence"? Do you mean the protection of industrial plants?
A. Yes, we had to support important industrial plants in their prevention measures against sabotage and espionage and we had to advise them in this work, This was done practically by organizing a kind of plant protection unit order to guard the plant and the organization of technical controls.
Q. Did you have any executive powers in this respect?
A. No, the work was done as result of voluntary agreements with the responsible managers.
Q. How long did you remain in this position?
A. Until the spring of 1939, with one interruption, during the time that the Sudetenland was occupied. At that time I was called upon to organized the department for Counter-Intelligence for a few weeks in the newly organized SD Sector in Troppau.
DR. FRITZ: Your Honor, at this point I would like to offer two affidavits: First of all, Fendler Document No. 2, Affidavit Schoenborn on page 3 of the Document Book. I want to offer this as Fendler Exhibit No. 1. I would like to read the second paragraph of this into the record and I quote:
"From 1936 on, I was in charge, in an honorary capacity, of legal question for the SD in Breslau. Through this I often saw Mr. Fendler privately. H e was active in the SD Sector Breslau in 1937 in a full time capacity He worked in the Department III, Counter-Intelligence information Service."
Furthermore, I would like to offer Affidavit Hanke. This is the next affidavit in the Document Book Fendler. I would like to offer this as Fendler Exhibit 2. From this affidavit I would like to read paragraph 2 an part of 3. I quote:
" In the year 1935 I became an employee of Security Service Administration East District Breslau through the Labor Exchange Breslau. I worked in the "Counter Intelligence Department" and, to be precise, in sub Department "Intelligence from abroad," where information of a political and economic nature or intelligence material from the southeastern States was evaluated, i.e., dispatched to the Security Service Main Office in Berlin through business channels in the form of a news report. Questions of "Plant Security" were handled in the other sub department.
"I learned to know Herr Lothar Fendler approximately at the beginning of the year 1936. He was born in Breslau, if I remember correctly, and started to work at that time in the same Security Service Administration District "Southeast". At first he worked in the capacity of an assistant for the guard in the file-room and as a sideline worked as a coach for sport activities. Later on he worked in the Sub-Department "Plant Security" which activity was, just like the "Intelligence from Abroad", purely reportorial, and did not extend to executive and police measure as executive authority was in any case not proper to a Security Service employee. Fendler was transferred to the Security Service Sub-District Breslau approximately a year later where he also worked in the Plant Security Sector. Fendler has to my knowledge not displayed any political activity for the Party, by giving talks or by writing articles."
THE PRESIDENT: Dr. Fritz, it is entirely probable to call our attentions to the essential parts of affidavits submitted but I do not believe it is necessary for you to read such material as where the defendant was born and it certainly isn't necessary to read the curriculum vitae or the man who has given the affidavit, because now that first paragraph you read told about the affiant. Then it isn't until you get into the second paragraph that you began to talk about the defendant and much of you read is known already. He has mentioned he was born in Breslau and so on.
Now I don't want to curtail you in the presentation of any material but we will lose a great deal of time if you are going to read matters which can't be or much assistance in the disposition of this case. necessary for you to emphasize as that the defendant worked in the Sub-Department Plant Security and his work there did not extent to executive and police measures. Then the fact that according to the party by giving talks or by writing articles.
I only call this to your attention now because if we didn't say something about it now you might follow the same procedure in other affidavits and you would be emphasizing what is not of great essential value in the final appraisement of the questions involved in the indictment.
Q. (By Dr. Fritz) Dr. Fendler, what activities were you given in March of 1939? Olmuetz of the SD with an Einsatzkommando. It was the job of this kommando to organize SD agencies and to take up the work of the SD. At that time, I was Scharfuehrer. That is the same as a sergeant.
organize a local agency together with the confidence men. I became the director or this agency. This agency had to do the same jobs as the SD Office III. Thus I had to gather material and reports from all domestic spheres about the morale of the population and from that material I had to make out reports for my superior agency. or was your agency active as a Counter agency of the Gestapo?
A No, neither I nor my assistants had any executive powers. The agency was completely independent. It had no connection with the Gestapo.
DR. FRITZ: Your Honor, at this point I would like to offer the affidavit of Remmers, Fender Document 21. This is the last document in Document Book Fendler on page 66. I offer it as Fendler Exhibit No. 3. Remmmers was also the director of an agency in the Sudetenland. He describes the work of the SD in the Sudetenland and he essentially confirms everything which the Defendant Fendler has just stated about his activity.
Q (By Dr. Fritz) Mr. Fendler, how long were you the Director of this agency in Olmuetz? examination, I became a candidate for the so-called "Executive Service" and thus I got the possibility of studying law.
Q And how did your training proceed? attended my first semester there. Until the end of 1940 I continued to direct the agency at Olmuetz. Then I left the professional work of the SD and was transferred to the Office of the RSHA, that is to say, the Personnel and Training Office. Then in the beginning of 1941 I attended the University of Frankfurt on Main for one semester and then moved to Berlin where I finished my studies at the university.
Q How did you come to be assigned in the East? confidants for the Executive Service by the then chief of Office I to interrupt my studies at once and to go to Pretzsch on the Elbe River.
DR. FRITZ: One moment. At this point, Your honor, I would like to offer Fendler Document No. 4 on page 6 of the Document Book. I would like to offer this as Fendler Exhibit No. 4. This is the affidavit Hotzel. I do not want to read anything from this. Among Hotzel's jobs was the care for the candidates for the Executive Service. In this affidavit he describes how these candidates for the executive Service came to be assigned to the Einsatz.
Q (By Dr. Fritz) Continue, please, Mr. Fendler. to arrive and members of the Waffen SS and SD, both officers and men. Companies were set up. The man were clothed and given a brief course of military training. Finally Einsatzgruppen and Einsatzkommandos were set up. I personally was sent to Sonderkommando 4B as its Commanding Officer. The then Government Councillor and Sturmbannfuehrer Hermann was then designated as the leader of the Kommando.
THE PRESIDENT: Dr. Fritz, how long did that training last, this military training he spoke of?
DR. FRITZ: Witness, did you understand the question, how long did this military training last in Pretzsch?
THE WITNESS: Your Honor, the military training was very brief. It was limited to firing of weapons. The men and the NCOs had the possibility to go on a range and fire their weapons. At that time no intensive military training was possible, because the physical condition of the men didn't permit this in most cases; as already had been mentioned here, all the men intended to be sent to Einsatz were innoculated, and the results of this innoculation brought fever and weakness in its wake, so that a military training was not possible. BY DR FRITZ: you to go to Pretzsch?
BY THE PRESIDENT: Witness, how long were you in Pretzsch when you had this limited training on the firing of the weapons?
THE WITNESS: I was in Pretzsch from the end of May until the beginning of June - - I mean, the beginning of the war, that is, 22nd of June, or 23rd of June.
Q A matter of two or three weeks? on a target on a range?
Q Yes, you didn't receive any training in map reading, and in tactical movements?
Q In strategy?
Q None of that regular military training?
were just sent out to the target range and allowed to shoot small arms?
A I can not say. The men gathered at Pretzsch were distributed over several localities. I personally came in contact at Pretzsch only with a limited number of people. I heard that the NCOs and men who were in companies received a short training in the regular service. I don't know whether this means anything to the President, this expression.
Q A short training in the service. You mean there in Pretzsch? ing because of these innoculations which they received?
A Well, I did not mean it so exclusively. I don't mean to say to such an extent at the time the innoculation was performed, but the next innoculation was to take place one or two days later, and this days was used to train the men, to teach them how to behave themselves as soldiers in uniform. Most of the men had had no military training thus far.
Q You say this training period lasted two or three weeks? be used for training.
THE PRESIDENT: Very well. Dr Fritz. BY DR FRITZ: order given when you had to go to Pretzsch. Was the SD under military law at that time?
DR. FRITZ: Your Honor, at this point I would like to offer the affidavit of Alfons Pfoser. That is Fendler's Document No. 5, which is page 8 of the Document Book. I offer it as Fendler's Exhibit No. 5. It was one of Pfoser's jobs to take care of candidates for the executive service, and in the second paragraph of this affidavit he confirms that the candidate for the executive service didn't voluntarily report to this Einsatz, and refusal would have been prosecuted under military law.
BY DR FRITZ: there? We assumed that it would be against England. Only immediately before the breaking out of the war against Russia was the purpose of the objective and the destination of the assignment known.
Q What mission did you expect to get in this assignment? missions, as I knew them from the Sudentenland and Czechoslovakia. That is, the mission for security of the area, and the customary SD work, as well as the work of the organization of stationary SD agencies. to liquidate the Jews and other groups of people was made known?
Q As it was made known by Heydrich or Streckenbach? Russia, that outside of the usual Security Police tasks, the Einsatzcommandos had been ordered to execute Jews and other people from the East?
A. No.
DR. FRITZ: Your Honor, at this point I would like to refer to several affidavits. First of all, the affidavit of Haefner as Fendler's Document No. 6, on page 10 of the Document Book, which I am offering as Fendler's Exhibit No. 6. Haefner was also a candidate for the executive service, and he confirms in his affidavit the description which Mr. Fendler has just given.
THE PRESIDENT: Dr Fritz, can you tell us just a few words just what "executive service of the Security Police and SD" consisted of?
This affidavit says, they were candidates for the executive service. Just tell us in a few words what is meant by that, what kind of service that would be?
DR FRITZ: Yes. Your Honor, I don't know very much about it myself, this field, but during this trial I think I have learned the following in this respect. The SD tried to get new people for its leading agencies, from persons who had academic studies to their credit.
THE PRESIDENT: I don't think I made myself clear, Dr. Fritz. Several of these affidavits point to the fact that the witness was a candidate for the "executive service" of the SIPO and the SD. I want to know very briefly what is meant by "Executive service of Security Police and SD." Can you tell us that, witness?
THE WITNESS: Yes. There were three careers within the Security Police, and within the SD also, a lower one - a medium, and a leading one. The prerequisites for admission into the leading career was completion of a university course of studies.
THE PRESIDENT: Now witness, we are going into it too deeply. What is "Executive service"? Let's suppose we have a man in the Executive Service of the Security Police and SD. What does he do? Or maybe he does not sit at a desk, maybe he is up in a balloon somewhere. Tell us just what he does? was the function of the leader of a SD Sector.
THE PRESIDENT: Well, what did you do? We still don't know what this man in the Executive Service does. In the Reich it would include normally the area of a government district. He had the job in this district to gather material in all domestic spheres.
THE PRESIDENT: All right. I would like to have that with a certainty.
DR FRITZ: Herr Ohlendorf just called to my attention that the translation of the word "Leitender Dienst" had been translated "Executive service" but that it would have to be translated "Leading service".
THE PRESIDENT: Then the affidavit to that extent is not translated correctly. This affidavit on page 10 reads: "There from Spring until the Autumn of 1940 election camps for candidates for the executive service of the Security Police and the SD took place."
DR FRITZ: Yes.
THE PRESIDENT: Do I understand now that what was really meant is "Candidates for the lending service?"
DR FRITZ: Yes, Your Honor.
THE PRESIDENT: I see, very well.
THE WITNESS: If I may make another addition to this, Your Honor. It is the same as a career of a higher administrative official.
THE PRESIDENT: Yes, that is very clear, Thank you.
DR FRITZ: At this point I would also like to offer an affidavit of one Johannes Feder. Fendler's Document No. 7, page 13 of the Document Book. That is Fendler's Exhibit No. 7. Feder was also a candidate of the Leading Service. In paragraph 2 he describes how he came to Pretzsch, and I would like to read the next to the last paragraph into the record. I quote: "It was announced to candidates for the Leading Service mission, that outside of the Security Police measures Einsatzcommandos would have the job also to liquidate certain population groups in the East. I didn't hear about this in Pretzsch, not even through rumors." I would also like to offer the affidavit of Otto Heyer. That is Fendler's Document No. 11, page 26 of the Document Book. I am offering this as Fendler's Exhibit No. 8, I point out especially paragraphs 2 and 3, and I would like to read the beginning of paragraph 3 into the record. "I can state with certainty that neither in Berlin nor in Pretzsch were we informed of the task of Einsatzgruppen in the East was the solution of the Jewish problem. I was of the opinion rather that we SD people in this Einsatz would have to perform intelligence tasks such as fell to the lot of the SD, otherwise, that is, investigation and screening of the economic, cultural and food position, prevailing political feeling, relations in the sphere of law and administration, taking into consideration military requirements and necessities." I shall come back to this affidavit later. It is Fendler's Document No. 9, on page 19 of the Document Book. I am calling it Fendler's Exhibit NO. 9. This affidavit is of special interest, Your Honor, because Koenig was also an SD expert under Fendler in Sondercommando IV-B. I shall point to the fourth sentence which confirms what Fendler has just testified about what was made
THE PRESIDENT: That is the fourth paragraph, Dr. Fritz,
DR. FRITZ: The fourth paragraph, yes.
THE PRESIDENT: Very well. BY DR. FRITZ:
Q. Herr Fendler, what did Lommando Leader Herrmann tell you about the jobs of the commandos in Pretzsch, that is, your Kommandoleader. What did he tell you?
A. The Kommando-leader announced it would be the job of the commandos to look after the secrity of the rear areas, and to investigate the various domestic fields in the manner of the SD report. Finally, he announced that the Special-commando for Einsatzgruppe-C, to advance with the combat troops.
Q. What did the Sonderkommando IV-B consist of?
A. The Sonderkommando IV-B consisted of officers, of non-coms and of men who had been taken from the Gestapo, the Criminal Police, the Waffen-SS and the SD. There were also people on the emergency war status, such as drivers and interpreters. The commando had about sixty men altogether.
Q. Who were the officers?
A. The commanding officer Herrmann was, as I have already said, the SS-Sturmbannfuehrer, that is, Major. There was also the Police Inspector with the rank of an SS-1st Lt., and a SS-2nd Lt., who came from the Gestapo, that is, three altogether. A Police Inspector with the rank of 1st Lt. came from the Criminal Police.
A. SS-2nd Lt., and I, who was the Captain, came from the SD. An Interpreter in the emergency war status had the rank of a 2nd Lt.
Q. The Commanding Officer, Herrmann, also came from the Gestapo?
A. He belonged to the three offices from the Gestapo, of which I spoke. Maybe it was a little unclear.
Q. Were the various fields distributed among the various people in the commando according to previous carreers?
A. Yes, at Pretzsch already I was appointed Expert-III, that is for the SD work. The others from the Gestapo and the Criminal Police; those officers coming from the Gestapo and the Criminal Police were designated for the Security Police mission. The Senior Police Inspector who came from the Gestapo became Expert-IV.
Q. That is the executive?
A. Yes.
Q. During the entire duration of your assignment in the East, did this arrangement remain this way?
A. Yes.
A. How was this possible?
A. The Kommando Leader Hermann kept the whole of Kommando 4-B under his leadership all during this time. Therefore, he did not subdivide it into independently operating sub-Kommandos as has been reported frequently about other Kommandos in this Court. This, of course, does not exclude that small parts of the Kommando were used to carry out definite missions and that in this they were separated from the Kommando for a short period of time. Since the Kommando was essentially always together this sharp determination of the various fields of work could be maintained as the work required.
Q. Did the Kommando officer Hermann always have complete power of command during your time?
A. Yes.
Q. Please describe to the Tribunal what your various missions were in the Einsatz?
A. As I have already said I was designated as expert III in Pretsch, that is, for the SD work. At the beginning of the assignment the Kommando leader assigned liaison officers to the Third Army Corps belonging to the 17th Army. I personally was sent as liaison officer to the 49th Mountain Corps. Finally there were also jobs which I had to do, as well as the other officers, which resulted from the necessities of our military advance, for example, as Kommando officer of an Advanced Kommando.
Q. When did this assignment begin? When did you get to Russia. I just want to establish the date.
A. I cannot tell you exactly whether it was the 22 or 23 of June that we left Pretsch. We crossed the Russian border in the last days of June.
Q. Now we must briefly concern ourselves with these various missions. What work did you have to do as department leader III of Special Kommando 4-B? Just limit yourself to describing you own practical activity because general statements about SD work in Russia have already been made here in the course of this trial.