In the case of Norway, Document UK-79 already submitted under Exhibit Number RF-323, Page 55 of the document book, shows that tribunals similar to the special tribunal set up in Holland by the police were in operation in Norway. They were called the SS tribunals. More than 150 Norwegians were condemned to death. Besides, the Tribunal will remember the testimony of M. Cappelen, who gave an account of what his country and his compatriots had endured.
Regarding Denmark, on Page 57 of your document book, Document Number F-666, already submitted as Exhibit Number RF-338, the Tribunal will note that according to this official report of the Danish Government police courts-martial similar to those which functioned in Luxembourg, in Norway, and in Holland, functioned against Danish patriots. These summary police tribunals, composed of SS or police, in reality disguised the arbitrary measures of the police and of the SS; measures not only tolerated, but willed by the government, as can be shown by documents which we placed before you at the beginning of this statement.
We, therefore, can assert that the victims of those tribunals were murdered without having been able to justify or defend themselves.
In the case of France the question should be carefully examined. The Tribunal knows that from the moment of the landing, answering the call of the General Staff, the French Secret Army rose and began battle. Undoubtedly, in spite of the warning given by the Allied General Staff, these combatants, who a few weeks later were officially recognized by the German side as being combatants, at the beginning found themselves in a rather irregular situation. We do not contest that in many instances they were francs-tireurs; we admit that they could be condemned to death; but we protest because they were not condemned to death, but were murdered after having been brutally tortured. We are going to give you proof thereof.
Document F-577, which is submitted under Exhibit Number RF-395, to be found on Page 62 of your document book, states that on 17 August, the day before the liberation of Rodez, the Germans shot 30 patriots with a submachine gun. Then, to finish them off, they tore large stones from the wall of the trench in which they were and hurled them on the bodies with some earth. The chests and the skulls were crushed.
Document F-580, Page 79 of your document book, which is submitted to you as Exhibit Number RF-396, shows that five oblates from the order of Marie—as far as I know these lay brothers were not communists—were murdered after having been tortured, because they belonged to a group of the Secret Army. In all, 36 corpses were discovered after this execution, a “punitive measure” carried out by the German Army.
On Page 85 the Tribunal will read the result of the inquiry and will see under what conditions these 5 monks were killed after having been tortured and under what conditions the staff of a resistance group, which had been betrayed, was arrested and deported, together with a few members of the same religious order.
Evidence is produced that men from the Maquis in the forest of Achères were arrested and tortured after having been incarcerated in the prison of Fontainebleau. We even know the name of the German member of the Gestapo who tortured these patriots. His name is unimportant—this German, Korf, carried out orders that were given by Keitel and by the other defendants whose names I mentioned just now.
Document F-584, submitted under Exhibit Number RF-397, Pages 87 and 88, shows the Tribunal that when the bodies were found it was discovered that 10 of them had been blindfolded before being shot, that 8 had had their arms broken by injury or torture, and many had wounds in the lower parts of their legs as the result of being very tightly bound. That is the report of the commissioner of the police at Pau, drawn up on 28 August 1944, on the day following the liberation of Pau.
We now submit Document F-585 as Exhibit Number RF-398. The Tribunal will find it on Page 96 of the document book. I will give a summary: