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until the end of 1944 the number of
death sentences which were actually passed is relatively small.
Q. May
it please the court, the prosecution offers as Document NG-1886, Prosecution
Exhibit 546, the letter written by defendant von Ammon which we have just been
discussing.
PRESIDING JUDGE BRAND: The exhibit is
received. |
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| EXAMINATION BY THE TRIBUNAL
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PRESIDING JUDGE BRAND: I understood you to
say that you did not know of any innocent person who was brought to Germany
under Nacht and Nebel procedure.
DEFENDANT VON AMMON: I was referring
to the assertion of the prosecution. The prosecution had maintained that
evidently innocent persons had been treated in exactly the same manner as
guilty NN prisoners, and it was in reply to that, that I stated that evidently
innocent persons were never brought to Germany at all; that is to say, as far
as my knowledge goes. If, however, it did happen that a person was evidently
innocent and had been brought to Germany, then there was a possibility of
releasing him back to the occupied territories.
Q. I still understand
you to say that you knew of no innocent person brought under Nacht and Nebel
procedure.
A. It may have happened, naturally, but
Q. I
am referring to what you said. Did I correctly understand you to make the
statement that you knew of no innocent person who was brought to Germany under
Nacht and Nebel procedure?
A. I would like to restrict that to
evidently innocent persons, as opposed to a person whose innocence only later
was made clear. That naturally happened, too, and such cases did occur and such
cases were brought to Germany.
Q. That is a very material modification
of your former statement, because you also said that considerable numbers were
acquitted. I assume that you do not consider that persons who were acquitted
were necessarily guilty; you presume them innocent if they were acquitted,
don't you?
A. Or that the evidence was not sufficient to prove them
guilty. |
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| REDIRECT EXAMINATION |
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| DR. KUBUSCHOK: In reply to a question by the
prosecutor, you spoke of your membership with the Bund Oberland, and you stated
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