. NMT04-T0549
Volume IV · Page 549
given special treatment. Among them there were 461 partisans, members of destruction battalions, saboteurs, looters, and some Communist activists and NKVD agents." |
| The conclusion is inescapable that Haensch's
organization is responsible for the various executions mentioned herein.
The defendant endeavored at the trial testifyingly to absent himself from Gorlovka at the time of the executions, but his evidence in this respect was vacillating and entirely inconclusive. He admitted that officials under his command participated in the action. Whether he personally was present in the actual physical arresting and shooting of the victims is of no consequence legally. A high ranking officer who plans an operation or participates in the planning and has control over officers taking part in the movement certainly cannot escape responsibility for the action by absenting himself the day of execution of the plan. Haensch was not only responsible for the Sonderkommando during the operation, but he admits having been informed on the results thereof. It is urged by defense counsel in behalf of Haensch that — |
"In addition, nothing happened during the course of these operations which could be regarded as a crime. The containing of partisans, members of the destruction battalions, saboteurs, and looters is an action permissible according to international law. I believe I do not have to touch upon this matter further. The report also shows that those persons apprehended were not killed indiscriminately but that only some 75 percent were actually affected by the so-called ‘special treatment’. In other words, the cases were all investigated." |
| The report clearly states that the actions
were taken against partisans and Communists. Membership in any political party
is not a capital offense according to the rules of war and international law.
And executions for membership in a general political party can only be murder.
It is asserted that all the cases were investigated. The report says nothing
about investigations and, in any event, there is no evidence in the record that
the investigations, if held, conformed to the accepted trial requirements,
recognized by the rules of war and international law insofar as they appertain
to civilians. Whatever defense exists to the charges contained in this item
depends on the defendant's word. Can he be believed? He asserted that during the entire time he served in Russia he never heard of the execution of Jews as Jews. Only three or four weeks prior to his alleged assumption of command over Sonderkommando 4b, the Kommando killed 1,224 Jews. He professed to know nothing about this massacre. He was asked — |
"You have now stated that you have no reason to doubt the |
