. NMT06-T0437
Volume VI · Page 437
| VI. ARYANIZATION
OF PROPERTY — COUNT THREE |
|
| A. Introduction | |
| Count three of the indictment
charged the defendants Flick, Steinbrinck, and Kaletsch with the commission of
crimes against humanity by criminal participation in persecutions on racial,
religious, and political groups, including particularly the "Aryanization" of
properties belonging in whole or in part to Jews. The criminal conduct was
alleged to have taken place between January 1936 and the downfall of the Third
Reich. The Tribunal dismissed this count of the indictment with the following
conclusion (Tr. p. 11013) : "Whether we hold that we have not
jurisdiction or whether we assume jurisdiction and hold that no crime against
humanity has been proved, the result so far as these defendants are concerned
is the same. They cannot be convicted on the fact that the evidence submitted
on this count relates to subject matter not within its jurisdiction.
Accordingly, count three is dismissed." Concerning the evidence brought forward in the case, the Tribunal stated (Tr. p. 11008) : "The evidence deals exclusively with four separate transactions by which the Flick interests acquired industrial property formerly owned or controlled by Jews. Three were outright sales of controlling shares in manufacturing and mining corporations. In the fourth, involving the Ignaz Petschek brown coal mines in central Germany, there was an expropriation by the Third Reich, from which afterward the Flick interests and others ultimately acquired the substance of the properties." The evidence included herein deals principally with the acquisition of the Ignaz Petschek brown coal properties. However, some of the evidence dealing with the Julius Petschek transaction has been included in cases where the two Petschek transactions became interrelated and the evidence dealt with both transactions at the same time. |
