organization.
Does your Honor want to go ahead?
DR. KURT KAUFMANN (Counsel for the Defendant Kaltenbrunner): I have just heard that during the afternoon the testimony shall concern the Defendant Kaltenbrunner.
THE PRESIDENT: The translation is not coming through.
Will you speak again, please?
DR. KAUFMANN: I have just heard that during the afternoon session the testimony shall concern the Defendant Kaltenbrunner. I therefore regard it as advisable
THE PRESIDENT: (Interposing): One moment please. I can't hear. Please try again. It was coming to some of us but not to all.
DR. KAUFMANN: I have just heard that this afternoon the testimony shall concern Kaltenbrunner. I therefore regard it as advisable to make a proposition regarding Kaltenbrunner right now, before the recess, and not in the afternoon. his absence. Kaltenbrunner, so far as the entire proceedings so far have been concerned, has taken part only partially. The reason for his absence is an illness which, according to my opinion, is of a serious nature, for it is obvious that in so important a trial only a very serious illness can bring about the absence of a defendant and justify it. I don't have any doctor's report on his present condition. It therefore appears to me dubious whether he will be capable of attending the hearing at all in the future. Kaltenbrunner be postponed is not in contradiction to paragraph 12 of the Charter. If a defendant is alive that cannot be brought to trial in person, then the trial can proceed against him in his absence. This thought is particularly justified if the defendant is concealing himself, and if he thus is obliged to submit to the trial even in his absence.
Nevertheless, Kaltenbrunner is here in prison. He did not withdraw himself from the trial, and he wishes nothing more than that he may be able to take a position as regards the accusation. But if such a defendant is absent without its being his fault, then a trial that was nevertheless carried out would hardly correspond to justice. specifically. precisely, now Kaltenbrunner must have an opportunity to give me information in my capacity as his Defense Counsel. The particular indictment is not even known to him; it was given to him just before the Christmas recess.
I do not need to emphasize how greatly the Defense's task is made more difficult by a continuation of the trial - indeed made almost impossible.
THE PRESIDENT: The Tribunal will consider the application which has been made on behalf of Counsel for the Defendant Kaltenbrunner, and will give its decision shortly.
The Tribunal will now adjourn until 2 o'clock.
COLONEL STOREY: If I may make just one statement in connection with that, if your Honor please.
THE PRESIDENT: Yes, certainly.
COLONEL STOREY: The evidence against Kaltenbrunner will be in connection with the part he played in these organizations, and we thought, in the interest of time, the individual case against Kaltenbrunner could be presented at the same time. Now, if it were not presented in this connection, it would be within a few days, early next week, in connection with the other individual defendants. Counsel mentions that he probably will not be able to be here, for some time, and I thought I would make that statement.
THE PRESIDENT: Yes.
(Whereupon at 12.50 hours the Hearing of the Tribunal adjourned to reconvene at 14.
00 hours.)
Military Tribunal, in the matter of: The
THE PRESIDENT: The Tribunal has considered the motion made by Counsel on behalf of Kaltenbrunner, and, it considers that any evidence which you were intending to produce which is directed against Kaltenbrunner individually, and not against the Organizations, ought to be postponed until the Prosecution may deal, as the Tribunal understands you do propose to deal, with each defendant individually; and, the Tribunal thinks that the Kaltenbrunuer case might properly be kept to the end of the individual defendants' testimony, and that the evidence which is especially brought against Kaltenbrunner might then be adduced. If Kaltenbrunner then still is unable to be in Court, the evidence will have to be given in his absence.
COLONEL STOREY: If Your Honor please, I don't believe that the case, as we have it prepared now, can be separated as between the organizations and the individuals.
THE PRESIDENT: No, but if it bears against the organizations, it can be adduced now.
COLONEL STOREY: I understand that, but if Your Honor please, I say that the preparation we have made is in connection both with the organizations and the individuals. In other words, it is a joint presentation, therefore, under Your Honor's ruling, as taken, it would have to go over until next week with the individual defendants' cases, because we prepared it so it will affect the organizations as well as the defendant individually, as his acts are in connection with what he has done with the organizations included; in other words, we don't have it separated.
THE PRESIDENT: How will that effect you for this afternoon?
COLONEL STOREY: We can introduce a witness, next, but if Your Honor please, in reference to the witness, that witness, of course, would affect the organizations, and incidentally would affect Kaltenbrunner, too. I don't see now you could separate them, except the questions could be confined to the organizations put to the witness this afternoon.
Of course, the evidence which has been given up to date, much of it in Kaltenbrunner's absence, has in one sense been against Kaltenbrunner as being evidence against the organizations of which he was the head.
COLONEL STOREY: Colonel Amen is going to present testimony of a witness that is to be introduced orally, and it is primarily in reference to the organizations; and, that incidentally it would affect Kaltenbrunner's individual liability.
THE PRESIDENT: I think the Tribunal would like for you to go on with the evidence.
COLONEL STOREY: Yes. It has been suggested, Your Honor please, we might have a few minutes to confer about the situation, and about the witnesses.
THE PRESIDENT: You wish to adjourn for a few minutes.
COLONEL STOREY: Just a few minutes until we can confer, as it changes our order of proof.
THE PRESIDENT: Very well.
COLONEL STOREY: Just ten minutes will be sufficient.
THE PRESIDENT: Yes. We will adjourn now.
THE PRESIDENT: The Tribunal will now hear the evidence which the Prosecution desires to call, and insofar as it consists of oral testimony, the Tribunal will afford counsel for Kaltenbrunner the opportunity of crossexamining the witnesses, so-called, at a later stage if he wishes to do so.
DR. LUDWIG BABEL: (Counsel for SS and SD) I was called as counsel on duty for the members of the SS and the SD, who in these proceedings have offered themselves as witnesses. My duties were circumscribed in order to give the Court the motions in suitable form, not until the Tribunal gave notice on the 17 of December, 1945. It was then that I was called as defense counsel for the organizations of the SS and the SD, as such, and I have no client who could give me information or instructions for carrying on the defense. It is therefore necessary for me to rely for information by talking to members of the organizations I am representing, who are mostly in prisoner camps or are arrested.
Thus far, because of the shortness of time, I was not able to get the necessary information. me by the court and in the short pause since then I was not able to work my way through them all. copy of the indictment with all comments in a language he understands at a reasonable time, for the proceedings. This provision should, presumably, be applied analogously to the organizations. To serve the Indictment on the organizations is not provided for in the Charter nor has the Tribunal so ordered it. I was myself, not in a position to have copies made, that is, a sufficient number of copies made for the various camps in which these my rights as defense counsel.
To hear a witness against the Defendant the SS and the SD.
To hear this witness at this point would mean limiting defense.
I should like to add for these reasons there would be no delay
THE PRESIDENT: If you will allow me to interrupt you, I understand should be accorded to you.
You wish for on opportunity to cross-examine these witnesses at a later stage, is that right?
DR. BABEL: But now at this moment I should like to point out that
THE PRESIDENT: (Interposing) Let us not take up time by that. Was these witnesses at a later date?
DR. BABEL: My motion had that meaning but also to make by defense
THE PRESIDENT: The Tribunal is ready to give you the opportunity of
LT. WHITNEY R. HARRIS: May it please the Tribunal:
Defendant Kaltenbrunner. This book contains our documents, from which quotations will be made during this presentation.
Reference will be made criminality of the SS, the SD and the Gestapo.
The fusion of these organ plained from an organizational standpoint.
There is before the Tribunal a significance to this unity of the SS and the Nazi Police.
The name of this I now offer Document 2938-PS as exhibit next in order, U.S.A. Exhibit 511.
This is an article which appeared in "Die Deutsche Polizei", the entitled, "Dr. Ernst Kaltenbrunner, the New Chief of the Security Police and SD", and I quote the beginning of the article:
"SS Gruppenfuehrer Dr. jur. Kaltenbrunner was born the sone of the lawyer Dr. Hugo Kaltenbrunner, on 4 October 1903, at Ried on Inn, near Braunau.
He spent his youth in the native district of the Fuehrer, with connected since olden times.
Later he moved with his parents to the little Realgymnasium, and there he passed his final examination in 1921."
The next paragraph describes Kaltenbrunner's legal education, his student groups.
It states that after 1928 Kaltenbrunner worked as a lawyer candidate in Linz.
The article continues, and I quote, reading the third paragraph:
"Already in January 1934 Dr. Kaltenbrunner was jailed by the Dollfuss al Socialists into the concentration camp Kaisersteinbruch.
He caused and Socialist prisoners.
In the following year he was jailed again because of (Upper Danube). After an investigation of many months, the accusation of high treason collapsed but he was condemned to six months' imprisonment for conspiracy.
After the spring of 1935 Dr. Kaltenbrunner was the leader of because of his National Socialist views.
It redounds to his credit that in "After the annexation, in which the SS was a decisive factor, he was National Socialist cabinet of Dr. Soyss-Inquart.
A few hours later he was Aspera, the Vienna Airport, on 12 March 1938, 3 a.m., as the first National the article quotes Kaltenbrunner -- "The SS is in formation awaiting further orders" -- closing Kaltenbrunner's statement.
"The Fuehrer promoted Dr. Kaltenbrunner on the day of annexation to
SS Brigadehuehrer and as leader of the SS Oberbachnitt Donau. On 11 Sept ember, 1938 this was followed by his promotion to SS Gruppenfuehrer."
I continue quoting the last paragraph from this article:
"During the liquidation of the Austrian national government and the moted to Major General of Police."
According to "Der Grossdeutsche Reichstag", Fourth Wahlperiode, 1938, published by F. Kienast, at page 261, our Document 2892-PS, Kalten brunner joined the Nazi Party and the SS in Austria in 1932.
He was party Prior to 1933 he was the Gauredner and legal advisor to SS Division 8. After 1933 he was the leader of SS Regiment 37 and later the leader of SS Division 8. KALTENBRUNNER was given the highest Nazi Party decorations, the Golden Insignia of Honor and the Blutorden.
He was a member of the Reichstag after 1938. Exhibit No. 512. This is also an article which appeared in "Die Deutsche Polizei", magazine of the Security Police and SD, 12 February 1943, at page 65, and I quote:
"SS GRUPPENFUEHRER KALTENBRUNNER APPOINTED CHIEF OF THE SECURITY POLICE AND OF THE SD. the Fuehrer has appointed SS-Gruppenfuehrer and Major General of Police Dr. Ernst Kaltenbrunner as Chief of the Security Police and of the SD as successor of SS Obergruppenfuehrer and Lieutenant General of Police Reinhard Heydrich, who passed away 4 June 1942," HIMMLER delivered on 4 October 1943 at Pozen, Poland, to Gruppenfuehrers of the SS, our document 1919-PS, heretfore received as USA Exhibit 170, in which with unmatched frankness HIMMLER discussed the barbaric program and criminal activities of the SS and the Security Police. Near the beginning of the speech HIMMLER referred to, and I quote this one sentence "Our comrade, SS Gruppenfuehrer Ernst KALTENBRUNNER, who has succeeded our fallen friend HEYDRICH". Security Police and SD to the satisfaction of Himmler and Hitler, for on 9 December 1944, according to the Befehlsblatt of the Security Police and SD -
DR. KAUFMANN (Counsel for Defendant Kaltenbrunner): May I interrupt just for a second. I understood the decision of the Tribunal to be that the accusation against Kaltenbrunner was to be postponed until Kaltenbrunner should be fit to plead, and now the matter of Kaltenbrunner is being discussed.
DR. KAUFMANN: Oh, surely.
THE PRESIDENT: The decision which the Tribunal indicated before was based upon the view that the evidence could be divided between evidence which bore directly against Kaltenbrunner and evidence which bore against the organization of the Gestapo, but when you attended before us in closed session, it was explained that it was impossible to do that and that the evidence was so inextricably mingled that it was impossible to direct the evidence solely to the organization and not to include it against Kaltenbrunner, and accordingly the Tribunal decided that they would go on with the evidence which the prosecution desired to present in its entirety, but that they would give you the opportunity of cross examining any witnesses which might be called at a later date. Of course you will, in addition to that, have the fullest opportunity of dealing with any documentary evidence which bears against Kaltenbrunner when the time comes for you to present the defense on behalf of Kaltenbrunner.
Do you follow that?
DR. KAUFMANN: Of course.
THE PRESIDENT: You will have the opportunity for any witness who is called this afternoon or tomorrow at a later date, a date which will be convenient to yourself, and in addition, with reference to any oral evidence such as is now being presented by counsel for the United States, you will have full opportunity at a future date of dealing with that evidence in any way that it seems right to you to do.
DR. KAUFMANN: Yes.
May I just say one more word. The misunderstanding that affected me is probably due to the fact that I was of the opinion that witnesses were now to be heard, but now I hear that the evidence -- that is to say, the whole of the evidence -- is to be put forward. Now I hear that the Tribunal is admitting the whole of the evidence so I shall submit, of course, to this decision.
LT. HARRIS: Kaltenbrunner carried out the responsibilities as Chief of the Security Police and SD to the satisfaction of Himmler and Hitler, for on 9 December 1944, according to the Befehlsblatt of the Security Police and SD, No. 51, page 361, our 2770-PS, he received, as Chief of the Security Police and SD, the decoration known as the Knight's Cross of the War Merit, with Crossed Swords, one of the highest military decorations.
By that time Kaltenbrunner had been promoted to the high rank of SS Obergruppenfuehrer and General of the Police. entitled "The Position of KALTENBRUNNER and the GESTAPO and SD in the German Police System". As Chief of the Security Police and SD, KALTENBRUNNER was the head of the GESTAPO, the KPIPO and the SD and of the RSHA which was a department of the SS and the Reich Ministry of the Interior. He was in charge of the regional offices of the GESTAPO, the SD and the KRIPO within Germany, and of the Einsatz Groups and Einsatz Commandos in the occupied territories. of the RSHA including Amt III (the SD within Germany), Amt IV (the GESTAPO) Amt V (the KRIPO), and Amt VI (Foreign Intelligence). 513. This is the affidavit of Walter SCHELLENBERG, who was chief of Amt VI of the RSHA from the autumn of 1941 to the end of the war. I am going to read a very small portion of this affidavit, beginning with the sixth sentence of the first paragraph:
"On or about 25 January 1943, I went together with KALTENBRUNNER to Himmler's headquarters at Loetzen in East Prussia.
All of of the Security Police and SD (RSHA) as successor to Heydrich.
His appointment was effective 30 January 1943. I know of no limitation placed on KALTENBRUNNER's authority as Chief of the Security Police and SD.
He promptly entered upon the duties of over the Amt.
All important matters of all Aemter had to clear through KALTENBRUNNER."
During Kaltenbrunner's term in office as Chief of the Security Police and SD, many crimes were committed by the Security Police and SD pursuant to policy established by the RSHA or upon orders issued out of the RSHA, for all of which Kaltenbrunner was responsible by virtue of his office. Each of these crimes has been discussed in detail in the case against the GESTAPO and SD, and reference is here made to that presentation. Evidence now will be offered only to show that these crimes continued after Kaltenbrunner became Chief of the Security Police and on 30th January 1943. the Security Police and SD is the murder and mistreatment of civilians of occupied countries by the Einsatz Groups. There were at least five Einsatz Groups operating in the east during Kaltenbrunner's term in office. The Befehlsblath of the Security Police and SD--and this is contained in our document 2890-PS, of which I ask the Tribunal to take judicial notice--contains references to Einsatz Groups A, B, D, G and Croatia during the period from 1943 to 1945. but the Tribunal will note those references to the name "Einsatz Groups," indicating that they were operating during the time that Kaltenbrunner was Chief of the Security Police and SD. The Tribunal will recall document 1104-PS, which has heretofore been received as US Exhibit 4830. I will only refer in passing to this document, which contained a lengthy and critical report on the barbarous conduct of the Security police in exterminating the Jewish population of Sluzk White Rutnenia. This report was submitted to Heydrich on 21st November 1941. Yet the same conditions of horror and cruelty continued to characterize the operations of Einsatzkommandos in the east while Kaltenbrunner was Chief of the Security Police and SD. I refer to document 1475-PS, heretofore received as US Exhibit 289, and I will not read anything from that but simply refresh the recollection of the Tribunal to the report of Gunther, the prison warden at Minsk, under date of 31st May 1943 to the General
THE PRESIDENT: Lieutenant Harris, I think you are going
LIEUTENANT HARRIS: Thank you, sir.
Gestapo. The Tribunal will recall document No. 2542-PS, heretofore Document Book.
It was introduced this morning.
THE PRESIDENT: The *---* affidavit?
LIEUTENANT HARRIS: Yes. That as an affidavit that indicates
THE PRESIDENT: Wait a minute. You are not referring to any
LIEUTENANT HARRIS: Referring specifically to the third
THE PRESIDENT: That only says until about the beginning of 1943.
LIEUTENANT HARRIS: It says early in 1943 the department was dissolved and it went into the departments in Subsection IV B. The work concerning Russian PW's must then have been done by IV B 2a.
THE PRESIDENT: Yes. Well, that is all you want it for, isn't it?
LIEUTENANT HARRIS: Yes.
has heretofore been received as USA Exhibit 246. This is the secret "Chief of the Security Police and of the Security Service, for the Chief, signed Mueller."
I now offer document L-158 as exhibit next in order. This is
USA Exhibit 514. I am not going to read this document since it is the marked passages.
First: "On 2nd March 1944 the Chief of the Security Police and SD, Berlin, forwarded the following OKW order."
prisoners of war should be turned over to the Chief of the Security Police and. SD.
The document goes on to say--and I quote--"In this connection instructions."
Detailed instructions follow concerning the such prisoners to the commandant of Mauthausen under the operation "Bullet."
Further, this order states -- and I quote -- this is at the very end of the order -- "The list of the recaptured officers and nonworking N.C.O. prisoners of war will be kept here by IV A 1. To enable a report to be made punctually to the Chief of the SIPO and SD, Berlin, statements of the numbers involved must reach Radom by 20 June 1944." was received this morning as U.S.A. Exhibit 490.
THE PRESIDENT: Has that Document L-158 already been put in evidence?
LT. HARRIS: No, sir, I have just put in those portions. I have just put the document in evidence at this time, sir. The document has not been read in its entirety for the reason that the contents, other than the quoted portions, are substantially the same as Document 1650 which has been read at length.
THE PRESIDENT: You say it is the same as 1650?
LT. HARRIS: It is, sir, substantially the same. It relates to the same subject. It was, however, addressed to a different party, and I particularly wish to place before the Tribunal the last paragraph which has been quoted and read into evidence.
THE PRESIDENT: The last paragraph doesn't mean very much by itself, does it?
LT. HARRIS: Very well, sir. Then, if the Tribunal will permit it, I would like to read the document in its entirety.
THE PRESIDENT: Do you mean that 1650 has got these paragraphs 1, 2 and 3 in it?
LT. HARRIS: YES, sir. That is exactly what I do mean, sir. which was received in evidence this morning as Exhibit 490. That was the affidavit -
THE PRESIDENT: Twenty-two what?
LT. HARRIS: 2285, sir. You will find that in the other book.
THE PRESIDENT: Yes, very well.
LT. HARRIS: That was the affidavit of Lt. Colonel Gast and Lt. Veith of the French Army, who stated that during 1943 and 1944 prisoners of war were murdered at Mauthausen under the Bullet Decree. I am sure the Tribunal will recall that document. of the Security Police and SD was the commitment of racial and political undesirables to concentration camps and annihilation camps for slave labor and mass murder. Before Kaltenbrunner became Chief of the Security Police and SD on 30 January 1943, he was fully cognizant of conditions in concentration camps and of the fact that concentration camps were used for slave labor and mass murder. The Tribunal will recall from previous evidence that Mauthausen Concentration Camp was established in Austria and that Kaltenbrunner was the Higher SS and Police Leader for Austria. This concentration camp, as shown by Document 1063A-PS, which was received this morning as U.S.A. Exhibit 492, was classified by Heydrich in January 1941 in Category III, a camp for the most heavily accused prisoners and for asocial prisoners who were considered incapable of being reformed. The Tribunal will recall that prisoners of war to be executed under the "Bullet Decree" were sent to Mauthausen. As will be shown hereafter, Kaltenbrunner was a frequent visitor to Mauthausen concentration camp. On one such visit in 1942 Kaltenbrunner personally observed the gas chamber in action. I now offer Document 2753-PS as exhibit next in order. U.S.A. Exhibit 515. This is the affidavit of Alois Hoellriegl, former guard at Mauthausen concentration camp. The affidavit states, and I quote:
"I, Alois Hoellriegl, being first duly sworn, declare:
"I was a member of the Totenkopf SS and stationed at the Mauthausen concentration camp from January 1940 until the end of the war. On one occasion, I believe it was in the fall of 1942, Ernst Kaltenbrunner visited Mauthausen. I was on guard duty at the time and saw him twice. He went down into the gas chamber with Ziereis, Commandant of the camp at a time when prisoners were being gassed. The sound accompanying the gassing operation was well known to me.
