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NUERNBERG MILITARY TRIBUNAL
Volume IV · Page 538

Ohlendorf testified that Standartenfuehrer Setzen had been originally appointed by Heydrich as chief of the department IV in his Einsatzgruppe. Under the plan of organization, Setzen would thus become Ohlendorf's deputy in executive functions of the Einsatzgruppe. However, Ohlendorf did not use Setzen for this purpose. He assigned him to the leadership of a sub-Kommando, and the evidence is entirely convincing that he used Seibert for functions which would otherwise have been performed by Setzen. Seibert had been Ohlendorf's deputy in office III of the RSHA since 1939. It would be quite natural for Ohlendorf to want Seibert, who had been his deputy in Berlin, to continue in a similar capacity in the field. And it is significant that they both returned at about the same time to the RSHA in Berlin and Seibert once more took up his duties as deputy to Ohlendorf in office III.

The prosecution submitted two documents in the nature of reports signed by Seibert as acting commander for Ohlendorf during the latter's absence. These reports show conclusively that Seibert was reporting upon the general activities of the Einsatzgruppen, which included executions, planning for operations, and negotiations with army officials, and in one of the documents Seibert is revealed requesting a conference with the chief of staff of the army. A report (Register No. 1118-42) dated 16 April 1942, carried the phrase "The Crimea is freed of Jews." Seibert knew the full significance of that phrase. He was questioned about it on the witness stand.

"Q. When you signed the report which contained a reference to the settlement of the Jewish problem, you were aware that the settlement of the Jewish problem meant the execution of Jews?

"A. That did not have to be the case, your Honor, because in the country Jews were not executed, or at least during the first time; they were assigned to labor, and then they were collected for such purpose and, of course, Jews were also executed.

"Q. Eventually they were executed?

"A. Yes. That is probably the case * * *.

"Q. And when you signed the report which contained the phrase, 'The Crimea is freed of Jews', you knew what had happened to the Jews?

"A. Yes. I knew that."

Seibert admitted having witnessed two executions and stated that he did not exclude the possibility that Jews were among the executees. He also knew that Jews and Communist functionaries were shot without investigation.

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