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"Besides the fact that such measures have been withdrawn from the jurisdiction of the ordinary courts and are contradictory to laws still in force, a justified emergency for the exceptional proceedings by the police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.