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Volume III · Page 593
| question in quashing." That was on there when
the document reached you. We are in agreement on that, are we not? A. It was an instruction to Division IV to draft such a circular decree with these contents for the purpose of examining whether the case should be quashed. Q. Yes. Now then, you also said, "From the hint that Lammers gives in this letter — that is Exhibit 109 — that Himmler had already informed his police also on the basis of Bormann's circular letter, it is quite clear to me that such denunciations to the administration of justice were also not to be made in the future but of course it could happen that the administration of justice found out about these on its own and took them up, but incidentally Hitler backed that action itself." Do you recall, did you do anything after 4 June 1944 when you received this notation from Thierack about this subject of quashing sentences or did you let the matter drop? A. I was not able to do anything, since the minister had ordered that this circular decree would be drafted and these cases had to be reported too, because according to the circular letter by Bormann to the Party and according to the information by Lammers that Hitler had instructed the police, the public prosecution had to get into difficulties if it found out about such a case, and if it started an investigation. Q. Did you personally take any steps to see that there would be no prosecutions against anyone who followed Bormann's instructions? A. I know for sure, and I have already described, that we did carry out a proceeding against the party and the police. We continued investigations, and furthermore, I testified that I cannot recall with certainty any more whether, on the other hand, one or two cases in which there was a special situation was quashed. I cannot recall that any more with certainty. Q. But you yourself gave no instructions to prosecutors on this line because that was Thierack's order, wasn't that right? A. Yes, that was Thierack's order that the public prosecutors were supposed to report on these matters; after they had reported, the Minister had to decide whether the investigation and the case were to be continued or whether the proceedings should be quashed. This means that the instructions for the purpose of examination were for the purpose of examining whether the proceedings should be quashed. |
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