2 Jan. 46
the crime and that deterrents would also
have to be continued in the future until the criminal and actively
anti-German elements in the Occupied Eastern Territories have been
destroyed or until other immediate actions, perhaps by the courts,
would guarantee equally deterrent effect. Accordingly, six leaders of
another Polish organization guilty of high treason in the district in
and around Sosnowiec were to be hanged publicly today as an example.
"About this procedure the undersigned expressed considerable
scruples.
"Besides the fact that such measures have been withdrawn from
the jurisdiction of the ordinary courts and are contradictory to laws
still in force, a justified emergency for the exceptional proceedings
by the police alone cannot, in our opinion, be lawfully recognized.
"The penal justice in our district within the limits of its
competence is quite capable of fulfilling its duty of immediate penal
retribution by means of a special form of special judicial activity
(establishment of a so-called Rapid Special Court). Indictment and
trial could be speeded up in such a way that between turning the case
over to the public prosecutor and the execution no more than 3 days
would elapse, if the practice of reprieve is simplified and if the
decision, where necessary, can be obtained by telephone. This was
expressed. yesterday to the head of the State Police at Katowice by
the undersigned.
"We cannot believe that execution by the police of criminals,
especially German criminals, can be considered more effective in view
of the shaken sense of justice of many Germans. In the long run they
might, in spite of public deterrent, lead to even further brutality of
minds, which is contrary to the intended purpose of pacifying. These
deliberations, however, do not apply to future legal competence of a
court-martial for Poles and Jews."
I next refer to Document 654-PS, Exhibit Number USA-218, which has
previously been introduced in evidence but bears on this subject; and I
will simply summarize, in a word, what it provided.
It states that on the 18th of September 1942 Thierack, the Reich
Minister of Justice, and Himmler came to an understanding by which
antisocial elements were to be turned over to Himmler to be worked to
death. That is in Document 654-PS, and a special criminal procedure was
to be applied by the police to the Jews, Poles, Gypsies, Russians, and
Ukrainians, who were not to be tried in ordinary criminal courts. I
simply refer to that document as bearing on the same subject.