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XI. AFFIRMATION OF SENTENCES
BY THE MILITARY GOVERNOR OF THE UNITED STATES ZONE OF OCCUPATION |
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Introduction |
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Under Article XV of Ordinance No. 7, the
sentences imposed by a 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."
The sentences of the Tribunal with respect to the following defendants
in Case No. 8 were confirmed on 12 February 1949 by General Lucius D. Clay,
Military Governor of the American Zone of Occupation and Commander in Chief of
the European Command: Greifelt, Creutz, Meyer-Hetling, Huebner, Lorenz,
Brueckner, Hofmann, Hildebrandt, and Schwalm. All of these defendants were
sentenced to imprisonment for a term of years, except the defendant
Meyer-Hetling. Meyer-Hetling was convicted only for membership in a criminal
organization, the SS, and the sentence of the Tribunal declared that the time
he had spent in confinement pending trial was sufficient punishment. Although
he was discharged from custody when the Tribunal adjourned, his counsel filed a
petition to modify the sentence. The sentence was confirmed.
No
petition for review of sentence was filed on behalf of the defendants
Schwarzenberger, Sollmann, Ebner, and Tesch These four defendants, as in the
case of Meyer-Hetling, were convicted only for membership in a criminal
organization and were discharged from custody when the Tribunal adjourned.
Hence there is no order by the Military Governor with respect to their
sentences.
The orders of the Military Governor with respect to the
sentences of the defendants Greifelt and Meyer-Hetling, are set on pages 171
and 172. |
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