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From a careful review and
consideration of the defendant's brief the Tribunal can find nothing new. It is
largely the reiteration and recapitulation of his closing argument made in open
Court and of which the Tribunal gave careful consideration in the preparation
of its judgment.
The defendant, in his brief, complains particularly of
certain conclusions in the judgment with reference to labor allocation of
detainees in office D 11. The brief does not quote from the judgment but states
conclusions as to what the Tribunal found to true in its judgment.
In
his brief the defendant states that all of the following statements made in the
judgment are factually incorrect and are in direct opposition to the result of
evidence. The Tribunal will deal with each of these statements as they appear
in the brief. |
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"6. In the description of the labor
allocation of detainee in office D II the judgment states that: At that
time the defendant Sommer had had most detailed information about the extent
and type of work done by them, their living condition. treatment, food,
clothing, and quarters. (Page 119 of the German version of the
judgment; page 8151 of the English transcript)".
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| From an affidavit of the defendant of date of
4 October 1946 (NO-1065, Pros. Ex. 304) he gave detailed information
concerning the allocation of inmate labor from his own recollection.
Approximately eleven pages of this affidavit dealt with such allocations, from
which particular concentration camp inmates were taken, their numbers including
male and female inmates, the kind and type of work to be performed, and to whom
sent. The affidavit concluded with this statement: |
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"All together about 500,000 to
600,000 concentration camp inmates were furnished by the Economic
Administration Main Office for the commitment of labor. (This at the end of
1944)." |
| It should be remembered that all of this
information was the direct result of the defendant's own recollection and was
sworn to and subscribed by him in this affidavit. In this connection it will be
remembered that the defendant, when testifying in own defense in regard to this
affidavit, made the contention that his recollection was refreshed by the
interrogator by showing him numerous documents and other material. From his
admitted numerous visits and inspections of the concentration camps and other
evidence in the case, the living conditions of the inmates. their treatment,
food, clothing, and quarters were well known to him. Hermann Pister, camp
commander at Buchenwald, in his affidavit states the
following: |
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"Karl Sommer I saw him
repeatedly at the commander |
1201 |