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| A directive of the Reich Ministry of Justice,
signed by Freisler, dated 7 August 1942, addressed to prosecutors and judges,
set forth the broad general purposes which were to govern the application of
the law against Poles and Jews and the specific application of that law in the
trial of cases. We quote (NG-744, Pros. Ex. .500) |
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"The penal law ordinance of 4
December 1941 concerning Poles was intended not only to serve as a criminal law
against Poles and Jews, but beyond that also to provide general principles for
the German administration of law to adopt in all its judicial dealings with
Poles and Jews, irrespective of the role which the Poles and Jews play in the
individual proceedings. The regulations of article IX for instance, according
to which Poles and Jews are not to be sworn in, apply to proceedings against
Germans as well. * * *
"1. Proceedings against Germans should be carried
on whenever possible without calling Poles and Jews as witnesses. If, however,
such a testimony cannot be evaded, the Pole or Jew must not appear as a witness
against the German during the main trial. He must always be interrogated by a
judge who has been appointed or requested to do so, * * *.
" 2.
Evidence given by Poles and Jews during proceedings against Germans must be
received with the utmost caution especially in those cases where other evidence
is lacking." |
| On 13 October 1942 the Reich Minister of
Justice Thierack wrote to Reichsleiter Bormann, in part as follows (NG-558,
Pros. Ex. 143) |
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"With a view to freeing the German
people of Poles, Russians, Jews, and gypsies, and with a view to making the
eastern territories which have been incorporated into the Reich available for
settlements for German nationals, I intend to turn over criminal proceedings
against Poles, Russians, Jews, and gypsies to the Reich Leader SS. In so doing
I base myself on the principle that the administration of justice can only make
a small contribution to the extermination of members of these peoples. The
justice administration undoubtedly pronounces very severe sentences on such
persons, but that is not enough to constitute any material contribution toward
the realization of the above-mentioned aim." |
| On 18 September 1942 a conference was held
among Thierack, Himmler, Bormann, Rothenberger, and others. The notes of the
conference, signed by Thierack, disclose that the subjects of discussion
included "special treatment" at the hands of the police in cases where judicial
sentences were not severe enough. Among |
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