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feared objections from the Wehrmacht because
of the longer transportation involved in the transfer.
A directive by
the Reich Minister of Justice with respect to treatment of NN prisoners, dated
Berlin, 21 January 1944, initialed by defendant von Ammon, to the president of
the People's Court, to the Reich Leader SS, Reich prosecutor of the People's
Court (defendant Lautz), to the Chief Public Prosecutor at Hamm (defendant
Joel), and others, states that when an NN prisoner had been acquitted by a
general court, if it appears that the accused is innocent or if his guilt has
not been established sufficiently, then he has to be handed over to the Secret
Police. The directive further states: |
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"If in the main trial of an NN
proceeding it appears that the accused is innocent or if his guilt has not been
sufficiently established, then he is to be handed over to the Secret State
Police; the public prosecutor informs the Secret State Police about his opinion
whether the accused can be released and return into the occupied territories,
or whether he is to be kept under detention. The Secret State Police decide
which further actions are to be taken.
"Accused who were acquitted, or
whose proceedings were closed in the main trial, or who served a sentence
during the war, are to be handed over to the Secret State Police for detention
for the duration of the war." |
A letter dated 21 January 1944, Berlin, to
the OKW and the Judge Advocate General Department, dispatched 22 January 1944
(copy to Dr. Mettgenberg with request for approval) complains of lack of
coordination in NN cases between military courts and justice officials. This
complaint relates primarily to transfer of NN cases.
In answer to the
objections to the transfer of NN cases arising in France from Cologne to
Breslau, dated 18 January 1944, the defendants Mettgenberg and von Ammon
insisted that the transfer is necessary and directed its accomplishment. Three
days later a letter endorsed by Mettgenberg informed Himmler that this transfer
of NN cases had taken place.
On 24 April 1944 von Ammon reported in
detail on a trip he made to Paris previously referred to. This official visit
served particularly to obtain information of the security situation in France
and to determine whether the NN procedures of the Breslau Special Court were
approved by the army. This meeting occurred in the office of the Chief Justice
of the German Military Governor of Paris, General von Stuelpnagel. Von Ammon
submitted this report both to Klemm and Mettgenberg who initialed it.
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