. ©MAZAL LIBRARY

NMT04-T0581


. NUERNBERG MILITARY TRIBUNAL
Volume IV · Page 581
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was dwelt on at length during the trial, no evidence was adduced to show that Ruehl acted in any capacity other than courier between the Chief of the Einsatzgruppe and the escorting Romanian officers of the so-called transport. There is no evidence that Ruehl in any way maltreated these Jews, and certainly he did not participate in the execution of any of them.

Ruehl remained with the Einsatz organization for no more than three months and during the entire period took part in no executive operation nor did his low rank place him automatically into a position where his lack of objection in any way contributed to the success of any executive operation.

The Tribunal concludes from the evidence that the defendant is not guilty under count one of the indictment and not guilty under count two of the indictment.

The Tribunal however finds that the defendant was a member of the criminal organizations SS and Gestapo under the conditions defined by the Judgment of the International Military Tribunal and is, therefore, guilty under count three of the indictment. 
  
   
HEINZ HERMANN SCHUBERT 
 
SS First Lieutenant Heinz Schubert joined the NSDAP on 1 May 1934, having previously served in the Hitler Youth Organization. In October 1934 he joined the SS. From October 1941 to June 1942 he served as adjutant to Ohlendorf, Chief of Einsatzgruppe D. At the trial he testified that his duties consisted mostly of attending to the personal affairs of his chief, the receiving and filing of correspondence, the making of appointments, receiving visitors, and so on. It would appear, however, that he was more than an office boy with shoulder straps.

Schubert's own affidavit answers the question as to whether he is guilty under counts one and two of the indictment. The pertinent parts of this affidavit read as follows:
 
"In December 1941 — I do not remember the exact date — I was assigned by Ohlendorf or Seibert to supervise and inspect the shooting of about 700 to 800 people, which was to take place in the close vicinity of Simferopol. The shooting was undertaken by the special command 11b, one of the formations of the Einsatzgruppe D. My task in connection with the shooting consisted of three parts —

(a) to see that the location of the shooting be remote enough, so that there could be no witnesses to the shooting;

(b) to supervise that the collection of money, jewels, and other valuables of the persons who were to be shot, be completed without the use of force; and that the persons designated  

 
 
 
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