[whatso
] ever. The Tribunal is
convinced that the civilians shot by Sonderkommando 4b under Haensch's
leadership did not receive the trial intended by the rules of war and
international law. The credible evidence shows further that if there were any
proceedings they were entirely of an ephemeral nature.
The defendant
testified that he was thoroughly familiar with the cases of the sixty persons
executed by his Kommando. |
| |
"Yes, I knew exactly about the
individual cases, that is to say, the decision in both these executions in the
Gorlovka district. I also knew about the other executions and I was able to
convince myself that these were only cases which occurred in accordance with
law and order, and where the people concerned were actually proven violators
against the laws of war and against security of the
people." |
| Later he said that sub-Kommando leaders could
make independent decisions, but when he was asked |
| |
"Would you have been able to
reverse the decision of the sub-Kommando leader if you would have been of the
opinion that the execution of a certain individual was not
justified?" |
| He replied |
| |
"Yes, without any trouble. If I had
become convinced that something was not quite in order, I certainly would have
been able to do that." |
| It developed then that the sixty who were
executed by his Kommando were killed under his orders. |
| |
"Q. There were 60 people killed
under your orders?
"A. Yes." |
| He was now asked whether he investigated
these 60 cases before he pronounced the death sentence. |
| |
"Q. Now, how many of these 60 cases
did you investigate yourself, or reviewed the evidence on?
"A. The
evidence? I only looked through the evidence and made a final decision for
about twenty-five cases, and seven that
"Q. All right.
"A. (Continuing) came thereafter.
"Q. That is thirty-two that
you investigated yourself?
"A. Yes. "
Q. So that means that twenty-eight went to
their deaths under your orders without your having reviewed the evidence?
"A. No.
"Q. Sixty were killed under your orders?
"A.
Yes.
"Q. Thirty-two you investigated?
"A. Yes."
|