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with
Hitler's demands. On 10 March 1938 Hitler
ordered Von Papen to return to Berlin. Von Papen
was in the Chancellery on 11 March when the
occupation of Austria was ordered. No evidence
has been offered showing that Von Papen was in
favor of the decision to occupy Austria by
force, and he has testified that he urged Hitler
not to take this step.
After the
annexation of Austria Von Papen retired into
private life and there is no evidence that he
took any part in politics. He accepted the
position of Ambassador to Turkey in April 1939,
but no evidence has been offered concerning his
activities in that position implicating him in
crimes.
The evidence leaves no doubt
that Von Papen's primary purpose as Minister to
Austria was to undermine the Schuschnigg regime
and strengthen the Austrian Nazis for the
purpose of bringing about Anschluss. To carry
through this plan he engaged in both intrigue
and bullying. But the Charter does not make
criminal such offenses against political
morality, however bad these may be. Under the
Charter Von Papen can be held guilty only if he
was a party to the planning of aggressive war.
There is no evidence that he was a party to the
plans under which the occupation of Austria was
a step in the direction of further aggressive
action, or even that he participated in plans to
occupy Austria by aggressive war if necessary.
But it is not established beyond a reasonable
doubt that this was the purpose of his activity,
and therefore the Tribunal cannot hold that he
was a party to the common plan charged in Count
One or participated in the planning of the
aggressive wars charged under Count Two.
Conclusion
The Tribunal finds that
Von Papen is not guilty under this Indictment,
and directs that he shall be discharged by the
Marshal, when the Tribunal presently adjourns.
SEYSS-INQUART
Seyss-Inquart is indicted
under all Four Counts. Seyss-Inquart, an
Austrian attorney, was appointed State
Councillor in Austria in May 1937 as a result of
German pressure. He had been associated with the
Austrian Nazi Party since 1931, but had often
had difficulties with that Party and did not
actually join the Nazi Party until 13 March
1938. He was appointed Austrian Minister of
Security and Interior with control over the
police, pursuant to one of the conditions which
Hitler had imposed on Schuschnigg in the
Berchtesgaden Conference of 12 February 1938.
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