. ©MAZAL LIBRARY

NMT04-T0545


. NUERNBERG MILITARY TRIBUNAL
Volume IV · Page 545
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were executed outside his presence, he could not escape responsibility for the death of those killed before his eyes.

With regard to the two executions which he witnessed (one by gas van and the other by shooting), he testified that the first involved some 50 people and the second about 15. He was questioned as to whether investigations had been made to determine guilt or innocence of these 65 executees. He replied —
 
"I did not see the files of these 65 cases. I only know that men of the Kommando had received orders ever since the time of my predecessor to investigate the cases."
The interrogation continued —
 
"Q. You do not know of your own knowledge that these cases were investigated? These 65 deaths?

"A. I did not see it.

"Q. No. So, therefore, you permitted 65 people to go to their deaths without knowing yourself whether they were guilty or not?

"A. I said that I only made spot checks.

"Q. Did you make any spot checks in these 65?

"A. Not among these 65.

"Q. Then we come back to the conclusion that you permitted 65 people to go to their death without even a spot check?

"A. Without having made a spot check, yes."  
It is, therefore, evident that in this instance alone Biberstein is guilty of murder in ordering the death of 65 persons and supervising their very executions without evidence of guilt.

The Tribunal finds from all the evidence in the case that Sonderkommando 6, during the time that Biberstein was its chief accomplished mass murder. It finds further that as its chief, Biberstein was responsible for these murders.

The Tribunal finds from the entire record that the defendant is guilty under counts one and two of the indictment.

It finds further that he was a member of the criminal organizations SS, SD, and Gestapo under the conditions defined by the judgment of the International Military Tribunal and, therefore, is guilty under count three of the indictment. 
 
 
WERNER BRAUNE 
 
SS Colonel Werner Braune received his law degree at the University of Jena in July 1932 and in 1933 was awarded the degree of Doctor of Juridical Science. He joined the SS in November 1934. In 1940 he became chief of the Gestapo in Wesermuende. In October 1941 he was assigned to Einsatzkommando 11b. As chief of this unit Braune knew of the Fuehrer Order and executed it to

 
 
 
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