The Einsatzgruppen Case - Military Tribunal II Case 9

I, Erwin Schultz, swear, declare, and depose -
1. I was born on 27 November 1900, in Berlin. I attended the "Koelnisches Gymnasium" [senior high school] from 1906 until 1918, and then went into the army. After returning from my military duties which lasted from 11 April 1918 to 26 February 1919, I resumed by studies at the Koelnisches Gymnasium and matriculated there. I then studied law at the University of Berlin for two semesters; was forced, however, to leave the university owing to financial difficulties. I joined the staff of the Dresdner Bank in Berlin, and went to Hamburg approximately in July 1923. On 5 November 1923, I joined the security police, Bremen, and remained with this organization until 1938. I was then transferred to the state police in Bremen. I became a Regierungsrat [governmental counsellor] in 1938. I remained with the State Police, Bremen, until 1939. After that time, I transferred to the state police in Reichenberg, Sudetengau, and in 1940 was transferred to Hamburg, where on 12 April 1940 I became commissar-inspector of the security police and the SD. Effective from 1 March 1941, I
*Defendant Schultz testified on 17, 18, 20, and 21 October 1947 (Tr. pp. 903 - 1128)

- 135 -
was transferred to Berlin to the RSHA Geheimes Staatspolizeiamt [Gestapo Headquarters] and became group chief for education and training at office I. At the same time, I was commissioned to take care of official matters pertaining to, and on behalf of, the Commandant of the Fuehrer school of the Security Police in Berlin-Charlottenburg. In February 1943 I was appointed chief of office I, when my predecessor Streckenbach was called to the Waffen SS. With effect from 1 May 1944 I became Commander of the Security Police in Salzburg, and kept this position until the end of the war. Approximately three weeks before the end of the war I was appointed SS and Police Leader for the Gau Salzburg, by Kaltenbrunner.
2. I became a member of the NSDAP on 1 May 1933. My Party membership number is 2902238. I became a member of the SS on 20 April 1935. My SS membership number is 170484.
3. When I was Commander of the Fuehrer school of the Security Police in Berlin-Charlottenburg and chief of group I B at the RSHA, I received, in May 1941, an order by either Streckenbach or Heydrich to keep the current class under training available for mobilization. Approximately at the same time, I was instructed to take over the leadership of the Einsatzkommando 5, which at that period was activated in Pretzsch. The Einsatzkommando 5 was a part of Einsatzgruppe C. The current class, trained at the Fuehrer school, was ordered to Pretzsch in order to be later divided up and assigned to the individual Einsatzkommandos. I myself was in Pretzsch only temporarily, as, at this time, I was engaged with my personal move from Hamburg to Berlin and also with official matters pertaining to the RSHA. It was approximately during the first ten days in June 1941 that the chiefs of the Einsatzgruppen and leaders of the Kommandos were called to the RSHA, Prinz Albrecht Palace, in order to hear a speech by Heydrich, in which he outlined the policy to be adopted and gave us some outlines concerning the carrying out of the tasks imposed upon the Einsatzgruppen.
4. On or about 23 June 1941, the Einsatzgruppe C, consisting of Sonderkommandos 4a and 4b, and the Einsatzkommandos 5 and 6 started to march in the direction of Gleiwitz. In the beginning of July, I cannot remember the exact date, we marched into Lvov. It became known there that a number of persons from Lvov had been killed before the retreat of the Russian troops. Shortly after our arrival in Lvov, Dr. Rasch, Chief of Einsatzgruppe C, informed us that Jewish officials and inhabitants of Lvov had participated in these killings. A military command post within the city had already created a local militia. Dr. Rasch who was working in closest cooperation with the militia, had in-

- 136 -
structed Kommando 4b and after their departure, Kommando 6, to support the militia. Participants and suspected persons were arrested on the same or following day. In addition, the Kommando Schoengarth (BdS Krakow) was put into action.
5. After the completion of these arrests approximately 2,500 to 3,000 people had been collected in the stadium which was situated right next to the quarters of the Einsatzgruppe C. Among those arrested, there were, so I was told, also non-Jews who had been suspected of having participated in the murders. On the following day we were informed by Dr. Rasch, that a Fuehrer order had come into force according to which guilty persons or even strongly suspected persons were to be shot as reprisals for these murders. As far as I remember, the OKW order that all political officials and Soviet-Russian commissars, if one could lay hands on them, were to be shot, was also published at the same time. Approximately 4 days after our arrival, the executions of these persons arrested were started. Dr. Rasch was supervising these executions which were carried out by Einsatzkommando 6, under Standartenfuehrer Kroeger (Dr.). I myself saw Dr. Rasch on the field where the executions were being carried out, and Sturmbannfuehrer Dr. Hoffmann, chief of staff of Dr. Rasch, also confirmed the fact that Dr. Rasch was present at the executions.
6. When I returned to my unit, Einsatzkommando 5, at midday of the same day, I was told by one of my leaders that Dr. Rasch had given orders that Kommando 5 was to take over the carrying out of the executions for that afternoon. I immediately tried to get in touch with Dr. Rasch, but only succeeded in speaking to his chief of staff, Dr. Hoffmann, who confirmed the order. I was going to try and rescind the order as far as my Kommando was concerned, I did not, however, succeed. I repeated the order in front of my leaders and the troops and gave instructions that the executions were to be carried out in a serious and dignified manner Useless tortures were to be avoided. I personally ascertained that the physician of the Einsatzgruppe C, Dr. Kroeger (a brother of the leader of Einsatzkommando 6), was present during the executions I was convinced that I had done all in my power to carry out the executions in a military and humane way. My Kommando shot approximately 90 to 110 people.
I had subdivided my Kommando into three platoons; each platoon consisted of about 50 men. The persons to be executed were transported by trucks to the place of execution. At each time there was about 18 to 22 persons. I no longer remember the exact number in the trucks. The first platoon was placed face to face with the persons about to be executed, and about three men each aimed at each person to be shot. I myself was present at the

- 137 -
first volley of the execution, with my face turned away. When the first volley had been fired, I turned around and saw that all persons were lying on the ground. I then left the place of execution and approached the place where the second and third platoons were gathered. The first platoon which had carried out the shootings was recalled, I inspected the men, and then returned to my quarters. I noticed there that the detainees who were in the stadium next to the quarters, some of whom were still to be executed, were driven across the stadium by members of the armed forces and tortured. I did not succeed in apprehending those responsible for the tortures.
In order to terminate this spectacle, I had the rear door of the stadium opened and the detainees could march out through it. The members of the armed forces who had participated in this affair disappeared as well. As the remainder of the persons to be executed had also escaped, I informed my Kommando by means of a driver that the executions were terminated.
7. About 6 and 7 days after the executions we started to march towards Dubno. On or about 14 July we marched further towards Zhitomir, which we could not reach, however. On or about 25 July we arrived in Berdichev. In the beginning of August, I, together with the other leaders of the Kommandos, was ordered to Zhitomir, where the staff of Dr. Rasch was quartered. Rasch informed us that Obergruppenfuehrer Jeckeln had been to see him and transmitted an order by the Reich Leader SS, implying that all Jews were to be shot. Only in cases where Jews were required for purposes of labor, consideration as to their executions should be given. Jewish women and children were, if necessary, to be shot as well, in order to prevent acts of revenge.
8. As I did not favor this kind of warfare, I tried, evading official channels, to get in touch with Streckenbach and Heydrich directly, which I succeeded in doing at the end of August, I managed to be recalled as leader of Einsatzkommando 5. On or about 26 September my successor, Obersturmbannfuehrer Meier, arrived at the headquarters of the Kommando in Skvira; I handed over the leadership of the Kommando to him and returned to Berlin.

I have read the above statement consisting of seven (7) pages written in the German language and declare that it is true, according to the best of my belief and knowledge. I had the opportunity to make amendments and corrections in the above statement. I make this declaration voluntarily without promise of reward and was neither threatened nor coerced to do so.

**"The Einsatzgruppen Case"**

MILITARY TRIBUNAL II

Case No. 9

AFFIDAVIT OF ERWIN SCHULTZ, 26 MAY 1947