. NMT04-T0590
Volume IV · Page 590
| XII. AFFIRMATION OF SENTENCES BY THE MILITARY GOVERNOR OF THE UNITED STATES ZONE OF OCCUPATION |
| A. INTRODUCTION |
| Under Article XV of Ordinance No. 7, the
sentences imposed by the Tribunal are subject to review. Article XVII provides
that "the record of each case shall be forwarded to the Military Governor who
shall have the power to mitigate, reduce or otherwise alter the sentence
imposed by the tribunal, but may not increase the severity thereof." Article
XVIII provides that "No sentence of death shall be carried into execution
unless and until confirmed in writing by the Military Governor." The sentences of death by hanging in Case No. 9 were confirmed by the Military Governor on 4 March 1949 with respect to the defendants Biberstein, Blobel, Blume, Braune, Haensch, Klingelhoefer, Naumann, Ohlendorf, Ott, Sandberger, Seibert, Steimle and Strauch, and on 25 March 1949 with respect to the defendant Schubert. On 4 March 1949, the Military Governor also confirmed the sentences of the defendants Fendler, Jost, von Radetzky, Ruehl, Schulz, and Six, who were sentenced either to imprisonment for life or for a term of years. No petition for a review of sentence was made on behalf of the defendant Nosske, who was sentenced to life imprisonment. The sentence as to the defendant Graf states that his "imprisonment from the date of his arrest, following the termination of the war to the present date, shall constitute the sentence of the Tribunal." In the absence of a petition for review of sentence in the cases of the defendants Nosske and Graf, the Military Governor did not review their sentences. In subsection 2, below, appear the orders of the Military Governor with respect to the sentence of the defendant Ohlendorf, sentenced to death by hanging, and the sentence of the defendant Jost, sentenced to life imprisonment. All petitions to the Supreme Court of the United States were denied, 2 May 1949. |
