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Source:
United Nations War Crimes Commission. Law Reports of Trials of War
Criminals. Volume VIII, 1949
CASE
No. 46
THE
TRIAL OF FRANZ HOLSTEIN
AND
TWENTY-THREE OTHERS
Permanent
Military Tribunal at Dijon
(Completed 3rd February 1947)
Part
I
The
killing of civilians as "reprisals"-Destruction
of inhabited buildings-
Ill-treatment of
civilians-Pillage-Guilt of instigators and other accomplices.
p.22
Outline
of the Proceedings
The
Accused
The Facts and Evidence
Background
of the Crimes and Composition of Units Involved
The
Crimes
Events
at Tour-sur-Arroux
Events at Dun-les-Places
Events at Vermot
Events at Vieux-Dun
Events at Arleuf
Events at Crux-la-Villes
The
Findings and Sentences
A.
OUTLINE OF THE PROCEEDINGS
The
accused were members of various German units who took part in a series
of crimes against the French population in the area of Dijon in 1944.
Some belonged to the Army, and others to the Gestapo and SD
(Security Police).
Three
accused were present at the trial. They were Franz Holstein, a Major ;
Georg Major, a Captain commanding “ Ost Battalion 654 “; and Emil
Goldberg, an Adjutant of the S.D. at Châlon-sur-Saône. The remainder
twenty-one accused, were tried in
absentia and
were the following : Hans Kruger, head of the S.D. at Châlon-sur-Saône
; Ludwig Schellaas, Adjutant of the S.D. at Dijon ; Klaus Schenevoigt,
non-commissioned officer of the S.D. at Dijon ; Schirmacher, a
Lieutenant, commanding the 3rd Company, Ost Battalion 654 ;
Vier, a Colonel, Feldkommandant at Nevers ; Eder, Artillery Lieutenant,
Ortskommandant at Château-Chinon ; Verfurt, Lieutenant serving at Autun
; Gierszewski, a Lieutenant, commanding the 2nd Company, Ost
Battalion 654 ; Fuierer, a Lieutenant, commanding the 1st
Company, Ost Battalion 654 ; Lenartz, Adjutant, interpreter of the S.D.
at Dijon ; Gottlieb Hilgenstohler, sergeant of the S.D. at
Châlon-sur-Saône ; Runkewitz, sergeant, interpreter of the S.D. at
Châlon-sur-Saône ; Eugen Knodler, Chief Adjutant of the S.D. at
Châlon-sur-Saône ; Karl Haeberle, sergeant-major of the S.D. at
Châlon-sur-Saône ; Hildebrand, deputy O.C. of the German Officer Cadet
School at Dijon ; Moeckel, Lieutenant, Feldgendarmerie at Autun ;
Gunther Irmisch, Colonel, head of the Feldkommandantur 669 at Dijon ;
Hulf, Sturmbannführer of the Gestapo at Dijon ;Hefeke, Captain, 2nd
Battalion, 5 Kouban Regiment ; Albert Hippe, Colonel, O.C. of the German
Officer Cadet School at Dijon, and Merck, a Lieutenant serving at Dijon.
(i)
Background
of the Crimes
and Composition of Units
Involved
According
to the evidence presented by the prosecution, the accused took part in
combined operations against members of the French resistance movement:
The operations were decided upon and planned at a conference held at
Dijon under the auspices of General Hederich, Feldkommandant and “
Befehlshaber Nord-Ost Frankreich ” (G.O.C., North-East, France), in
June, 1944. Six of the accused attended in their respective commanding
capacities : Irmisch, Hippe, Major, Hulf, Kruger and Verfurt. They were
p.23
to
provide the troops and issue instructions, and all had to take personal
part in the operations at the head of their units.
The
conference decided that the French resistance movement in the area was
to be suppressed and annihilated, and that severe measures were to be
taken against them and the population “ in reprisals ” for their
struggle against the occupying authorities or assistance given in this
respect. In the light of some of the evidence, such measures were to
consist in executing on the spot every member of the resistance,
captured with arms, pursuant to Hitler’s orders to kill all “
terrorists ” or “ saboteurs ”; in the burning down of three farms
for every German soldier killed, and of one farm for every German
soldier wounded.
The
events described by the Prosecution showed that, in carrying out the
above instructions, the accused killed a large number of inhabitants,
destroyed by fire many buildings in various localities, and pillaged
property of the population.
The
assignment was conducted and the crimes perpetrated by several columns
operating simultaneously in the different areas, and moving from one
area to the other. One column was composed of German officer-cadets
supplied and commanded personally by Hippe and his deputy, Hildebrand.
Another column consisted of Russian quisling troops, Ost Battalion 654,
under the command of German officers and N.C.O.'s. The O.C. was Major.
The ranks of a third column were filled with members of 5 Kouban
Regiment, another Russian (Cossack) unit, under Captain Hepeke. In
addition, there were detachments of German Feldgendarmes from the
Ortskommandantur at Chateau-Chinon, under Lieutenanls Moeckel and Eder,
and almost the entire personnel of the SD. at Châlon-sur-Saône, with its
head Kruger. In the events of August, 1944, another German officer,
Colonel Vier, took an active part as Feldkommandant at Nevers.
(ii) The
Crimes
The
crimes were committed in six different places and their surroundings. _
Events
at Toulon-sur-Arroux
On
25th June, 1944, two columns left Dijon for Toulon-sur-Arroux.
One was composed of the officer cadets and the other of one
company of Ost Battalion 654. The latter arrived at Châlon-sur-Saône at
10 a.m. and was joined by three more companies of the same Battalion.
The column then headed towards Toulon-sur-Arroux and, when approaching
it, deployed in the fields. In a hamlet, Prayes, they shot at farmers
who were hay- making. One was wounded and several others were seized
and executed on the spot. When the wounded man moved, he was killed by
five Germans. He was later
identified as one Swedrowski.
The
column then surrounded another small locality, St. Eugene, north-east of
Toulon-sur-Arroux. They seized two inhabitants, ill-treated them and
shot them without investigation or trial. After this the place was
looted.
Events
at Dun-les-Places
The
column regrouped and arrived at Autun at 11 a.m. There they
found
the first column, with officer-cadets. At this juncture, a third
column,.
p.
24
that
of the Russian Cossacks, 5 Kuban Regiment, arrived from Dôle, via Châlon-sur-Saône. Together with the other two columns, as well as with
elements of the Feldgendarmeries, Gestapo and S.D., they all moved the
next day, 26th June, towards. Dun-les-Places. According to
some witnesses the Cossacks column, before arriving at Dun, met
detachments of the French resistance movement and shots were exchanged,
which did not extend beyond mere skirmishes. According to other
witnesses, however, no such encounter took place. When the above
combined force arrived at Dun-les-Places, Feldgendarmes and S.D. men
arrested a large number of the male population. The arrestees were all
taken at their homes, and were locked in the local church. Some were
interrogated and all were physically ill-treated. At this point fires
were heard in the village and a confusion arose. The Germans contended
that shots were fired at them from the church steeple by resistance men.
According to other witnesses, the incident was entirely invented by the
Germans themselves in order to justify hard measures against the
population. At any rate, after this the inhabitants detained in the
church were massacred. They were lined up in front of the church and
shot by Bren-guns. The massacre was carried out under Kruger’s direct
orders and supervision. In the early morning, an officer cadet was seen
killing off some of those who had survived. Two of the victims, however,
who had also survived, had time to flee before the morning, and were
later to give full account of the event. Twenty-one inhabitants in
all fell as victims on this occasion.
On
27th June, the place was thoroughly pillaged and twelve
houses were set on fire and burnt to the ground. On 28th
June, at 1 p.m., the Germans left the locality.
Events
at Vermot
The
third or Cossacks column, under the Command of Hefeke, had left on the
26th June, at about 5 p.m. It went to Vermot, a hamlet 2 kms.
north of Dun. When leaving, it took with it six hostages from
Dun-les-Places. According
to the evidence of the Prosecution, while approaching Vermot, the column
met a group of resistance men hidden in the nearby woods.
A battle took place which lasted one hour. After the battle the
column entered Vermot, and as revenge for the battle, severely
ill-treated many inhabitants and pillaged their property. One of the
victims, named Petit, had his jaw fractured by a rifle butt, and his
grandson had his right arm broken. Petit died of the ill-treatment. In
addition, the six hostages were executed. They were all identified.
Eleven houses were set on fire and property of the inhabitants was
looted. The column left Vermot on 28th June.
Events
at Vieux Dun
According
to the accused Major, on 26th June, in the evening, while at
Dun-les-Places,
he received orders from Hildebrand to proceed with a
detachment
to Vieux-Dun, another small locality in the area, and search all
the woods on the way. He arrived at Vieux-Dun on 27th June,
at 8 or 9
a.m. According to a German witness no members of the resistance movement
were met or found and no incidents took place. The head of.
p.
25
the
SD., Kruger, also came to Vieux-Dun, and in spite of these quiet
conditions, had one house set on fire. The village was also pillaged.
Events
at Arleuf
Several
weeks later, a similar expedition was made on the orders of Vier,
Feldkommandant at Nevers and was carried out by Major. His assignment
was to make a general search in the area of Nevers for hidden arms, to
execute those found with arms, and to destroy houses from which shots
would be fired. Major alleged that the expedition took place as a result
of shots which were fired at German soldiers eight or ten days before.
On 10th August the detachment arrived at Arleuf and soon
several crimes were to be committed. According to a German witness the
events took place in the following manner :
A
French girl, Mlle. Buteau, had her parents arrested by members of the
French resistance movement, and they were taken away. She appealed to
Major for help to liberate them, and on this occasion told him that the
whole population of Arleuf was in the resistance movement. Major had the
locality surrounded by a company under Schirmacher, and gathered one
member of every family in a café. He told them that if Mlle. Buteau’s
parents were not returned by the night, he would have the whole village
set on fire. The Mayor despatched two youths to contact men of the
resistance and request the return of the Buteau’s by 8 p.m.
The
crimes took place in the course of these events. At 6.30 a.m., when
members of families were being collected, an agricultural worker, Goujon,
took fright and tried to escape or hide. He was apprehended and brought
to Major, who ordered that he be shot. The man was taken away and
executed.
A
revolver was found in the house of an old man, Boulle, aged 71. The man
and the revolver were brought to Major. The latter fired a shot from the
revolver into the ceiling and told Boulle : “ For this you are going
to be shot.” These words were heard by a soldier who instantly took
Boulle away and killed him.
A
third man was killed in the following circumstances. Several inhabitants
were
lined up against a wall with their hands up, and were searched
by
Major’s men. At one moment one of the inhabitants, Gantes, moved his
right arm down. A soldier moved one or two yards back and killed him
with a Bren-gun.
Events
at Crux-la-Ville
Several
days later an expedition took place under the direct command of Colonel
Vier. The purpose was to annihilate units of the resistance movement, which were encamped west of Crux-la-Ville. Major and his
men i again took part in this operation.
On
15th August, Major and elements of his Battalion attacked a
body of
resistance men and suffered losses. The following day, after the battle was
over, a young resistance combatant, Chermette, who had been captured on
the 15th, was taken to a yard and tortured. Over a hundred
soldiers watched
the torture. The victim was laid on a table and beaten all over his
body. After that he was thrown on a heap of refuse and killed by
p.26
Bren-guns.
At 7 p.m., of the same day, soldiers broke into the house of a farmer,
Ricard. They found his wife and son working on the cattle and accused
the son of being a “ terrorist.” They shot him on the spot.
Another four inhabitants were seized, tortured and killed,
bringing the total to six victims. Seven houses were set on fire, one on
15th August and six on 16th August.
Twenty-two
accused were found guilty of some of the above offences and two were
acquitted for lack of evidence that they had personally perpetrated crimes.
According
to the findings the accused could conveniently be classified into three
categories : those found guilty as instigators, mainly by issuing
orders; those found guilty as perpetrators; and those found guilty as
their accomplices.
Irmisch,
Hippe, Hulf and Hildebrand were found guilty as instigators of the
killing of twenty-one inhabitants at Dun-les-Places. Kruger, Schenevoigt,
Lenertz, Hilgenstohler, Runkewitz, Knodler, Hoeberle, Schellhaas, were found guilty as perpetrators, and Merck, Goldberg, Eder
and Moeckel as their accomplices.
Kruger
was found guilty for instigating the arsons at Dun-les-Places, the
killing of six hostages at Vermot and the arson at Vieux-Dun. He was
also found guilty as perpetrator of the killing of Swedrowski at Toulon-sur-Arroux.
Verfurt was found guilty as perpetrator of the arsons at
Dun-les-Places, Hefeke was found guilty of instigating the arsons at
Vermot, and of being an accomplice to the killing of the six hostages,
the pillage and the ill-treatment of Petit and his grandson, all at
Vermot. Major was found guilty of instigating the murder of two of the
three victims at Arleuf, and the arson at Arleuf. Vier was found guilty
as instigator of the killing of all the three victims at Arleuf and of
the six victims at Crux-la-Ville, and of the arsons at Arleuf and
Crux-la-Ville. Schirmacher was also held responsible as instigator in
the arson at Arleuf and Holstein was found guilty of the arson at
Crux-la-Ville as an accomplice.
The
two acquitted were Fuierer and Gierszewski.
All
the accused found guilty, except two, were sentenced to death.
Holstein and Major were convicted with extenuating circumstances
and were sentenced, Holstein to hard labour for 15 years, and Major to
hard labour for 20 years.
Part I Part II
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