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certain duties, "regarding the management and
supervision of all enterprises which are under the supervision and
administration of WVHA."
But it is argued that it was impossible for
Baier to exercise any management or direction in business enterprises because
commercial law did not permit it. It is not apparent from the evidence in this
case that SS enterprises or SS officers were halted from a performance of any
self-serving function or deed by commercial law or any other law.
Baier
was aware of the long hours of employment to which concentration camp inmates
were subjected, having received from Pohl on 22 January 1943, a communication
which reads: "I should like to point out that the working time of prisoners,
laid down by order, which amounts to 11 hours daily, has to be kept up also
during the winter months."
Baier was involved with Volk in the matter
of the acquisition of real estate for the proposed concentration camp at
Stutthof, already discussed in the Volk opinion.
Baier also had full
cognizance of the OSTI operation. On 16 April 1944, he received a report from
Dr. Horn on the state of the liquidation of the Ostindustrie G.m.b.H. In one of
his reports, Dr. Horn in winding up the affairs of OSTI, declared: "As the SS
members are no longer needed they are sent back to the personnel office of the
SS Economic and Administration Main Office if there are no other orders from
the SS WVHA."
This in itself demonstrates how completely the OSTI was a
WVHA activity. The Tribunal does not find that Baier participated in any of the
early phases of OSTI, but it does find that his office trafficked in the
ill-gotten gains from OSTI.
Baier states that he never visited a
concentration camp, even though the Dachau concentration camp was only a 15
minutes' walk from his school. In any event he can scarcely claim ignorance of
concentration camps. On 19 January 1944, he signed a document with a notice of
Pohl's order converting into concentration camps the forced labor camps at
Krakow-Placzow, Lvov, Lublin, and Radom-Blizyn. He does admit having visited
some of the DWB factories which employed concentration camp inmates, but
declares that he never heard of any irregularities in the treatment of
prisoners. He then qualifies this with the statement that he confined his
visits to the office rooms of the factory. But even though he never set foot
inside a concentration camp, he was satisfied that the inmates were all
criminals, having been all duly adjudicated so by authority of the State.
The Tribunal rejects Baier's explanation that he believed all inmates
were criminals confined by due process of law. It was |
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