. NMT05-T1184
Volume V · Page 1184
| functioned in that capacity and no document signed by him as such deputy has been disclosed. The judgment of guilty under counts two, three and four as set forth in the original judgment of 3 November 1947 is hereby in all respects affirmed. The sentence imposed on the defendant Georg Loerner on said date will be modified and amended as hereinafter provided. |
| FANSLAU |
| Counsel for this defendant insists that the
Tribunal, in its original judgment, misconceived the import of Documents
NO-4560, Pros. Ex. 716 and NO-4505, Pros. Ex. 720 in stating that he (Fanslau)
personally signed orders transferring camp commanders (Tr. p. 8105).
Document NO-4560, Pros. Ex. 716 states in part "Sturmbannfuehrer Max Pauly, hitherto concentration camp Stutthof commander, is transferred to concentration camp Neuengamme as camp commander." This exhibit is signed by the defendant Fanslau as chief of the personnel office. Document NO-4505, Pros. Ex. 720 states "SS Obersturmbannfuehrer Erich Schellin * * * is, effective 1 August 1942, transferred to the Higher SS and Police Leader East Krakow as SS Economist." This exhibit also is signed by Fanslau as chief of the personnel office. The Tribunal recognizes, and at the time of writing the original judgment also recognized, that these exhibits should be considered in connection with Documents NO-020a, Pros. Ex. 81 and NO-2128, Pros. Ex. 331, the underlying orders of Pohl for the reassignment and detachment of certain camp commanders, which were merely implemented by Fanslau in Documents NO-4560, Pros. Ex. 716 and NO-4505, Pros. Ex. 720. The Tribunal was, and is, aware that in signing these orders, Fanslau did not exercise original authority. but the statement in the original judgment that "he personally signed orders transferring camp commanders" is borne out by the documents, and is true. On this basis, it is undoubtedly true that Fanslau was a proximate participant in the process of transferring concentration camp commanders. Assuming that he was not the initiator. nevertheless he was the instrument used by Pohl to make such transfers effective. In his appeal to the Military Governor, Fanslau states that he "could only draw the conclusion that the labor allocation aimed at training asocial elements for work and preparing them for their reinstatement into the human society." Assuming that the concentration camps furnished a convenient place of imprison- […ment] |
