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| report which he was compiling on the morale
of the population, and he replied he did not have a chance. |
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"Q. Well, how much time would it
take in an SD report which you were compelled to make and which it was your job
to make, to say that there were excesses in Tarnopol to the extent that 600
Jews were murdered, or if you didn't want to say murdered were
killed by the population. How much time would it take to include that, with
your fingers on the typewriter, into a report? How much time would it take to
say that?
"A. Two seconds.
"Q. Well, then, why didn't you have
the two seconds to write that?
"A. Because I made no report.
"Q. Why didn't you make a report?
"A. Because I was given the
order by the Kommando leader to evaluate this
material." |
Fendler denies that he ever functioned as
deputy to the Kommando leader and stated that, when he acted as an advance
Kommando leader, he occupied himself only with the obtaining of intelligence
files left behind by the Bolsbevists. But, in evaluating these reports, it is
inevitable that he would need to tell someone what he found. In fact, he did
admit that this information usually was "utilized for individual reports". The
army was also informed "in a written form or orally".
In order to prove
that the work of every officer was specialized and thus one would not know what
the others were doing, the defendant stated that his unit never divided its
forces. Thus, one officer would not need to do the job of others. However,
since this would establish that, by sheer proximity, the officers could not
help but know each other's business, the defendant later stated that the unit
was not always together because of the distance it had to travel.
The
defendant knew that executions were taking place. He admitted that the
procedure which determined the so-called guilt of a person which resulted in
his being condemned to death was "too summary". But, there is no evidence that
he ever did anything about it. As the second highest ranking officer in the
Kommando, his views could have been heard in complaint or protest against what
he now says was a too summary procedure, but he chose to let the injustice go
uncorrected.
He was asked |
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"Do I understand you correctly
that you were of the opinion that there was an insufficient safeguard for the
suspected person, as there was no trial, that his rights as a defendant were
|
572 |