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The defendant tried to convey the impression
that he merely looked on, more or less, as a spectator, but he admitted that he
would have interfered if the execution had been laid in the wrong place, if
weapons not prescribed by the chief of the Einsatzgruppe were used, and in
general he would have intervened if things were not going "well".
Schubert's criminal involvement in the Christmas massacre of Simferopol
is complete and presents no mitigating circumstances.
His general
participation in the venture of Einsatzgruppe D while he was its adjutant is
not to be doubted. The defendant Ohlendorf declared in an affidavit
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"The only people whom I generally
assigned to inspections were, except for Schubert, Willy Seibert and Hans
Gabel." |
Schubert sought to minimize the implications
of this statement and denied that he had been "generally assigned to
inspections". He did, however, state that he knew "definitely" that Gabel
"carried out such inspections". It would be strange, indeed, that Ohlendorf
should mention three names, and it developed that the only one who performed
the duties he assigned to them should be that one person who did not
appear in this trial as a defendant.
It is also clear that the
defendant was thoroughly aware of the instructions generally given by the chief
of the Einsatzgruppe with regard to the "manner of carrying out executions". It
is furthermore evident that, as adjutant, Schubert was current on the
assignments given to various members of the staff, and therefore, had full
knowledge of the main purpose of the Einsatzgruppe.
From all the
evidence in the case the Tribunal finds the defendant guilty under counts one
and two of the indictment.
The Tribunal also finds that the defendant
was a member of the criminal organizations SS and SD under the conditions
defined in the Judgment of the International Military Tribunal and is,
therefore, guilty under count three of the indictment. |
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MATHIAS GRAF |
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Mathias Graf was never a commander of an
Einsatz unit nor during the whole time he served in Russia was he an officer.
When first attached to Einsatzkommando 6 he held the rank of Unterscharfuehrer
(corporal). After one year he was promoted to Scharfuehrer (sergeant) and when
he left Russia in October 1942 he held the rank of Oberscharfuehrer (master
sergeant) that is to say he remained in a noncommissioned officers' status
throughout the entire period of his service with the Kommando.
At the
very outset he was made assistant to one Grimminger who served as SD expert.
Upon Grimminger's death in July 1941 |
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