If I am not mistaken, there was a case when one of the participants in these trials, evidently forgetting where he was and under what circumstances, expressed a wish to follow the procedure laid down by German law. The Tribunal immediately made the necessary inquiries, and the intention of operating in accordance with the standards of German law was, of course, promptly rejected. At present I am fully able to submit to the Tribunal documents which, in my opinion, are of importance in our case, although they are compiled in complete accordance with the rules laid down by German law.
Among the numerous documents found in the police archives of the town of Zhitomir, Red Army troops seized a certain piece of correspondence. This is a police inquiry. The authors of this document could not foretell that it would be read into the record at a session of the International Tribunal for the punishment of the major war criminals. The documents constituting this correspondence were intended exclusively for the chiefs of police, and they were compiled in accordance with all the customary requirements of German law and of the police investigations of fascist Germany. From this point of view, those who would like to examine the documentation in question can be well satisfied.
At the same time this correspondence is useful to us. So much has been said in the comparatively small number of pages that I should have to analyze the documentation section by section in order that you could appreciate it fully and from every angle. I submit this correspondence to you both in the German photostats and in the Russian translation. I repeat—this is a police inquiry. The document is submitted to the Tribunal as Exhibit Number USSR-311 (Document Number USSR-311); and we have, in accordance with the wishes of the Tribunal, asked for the original copy which we may possibly receive from Moscow this very day.
On 24 December 1942, 78 prisoners of war from the Berditchev section of the Educational Labor Camp were to be subjected to “special treatment.” All the 78 prisoners were Soviet citizens. There is, in the correspondence, a report addressed to the authorities by SS Obersturmführer Kuntze, of 27 December 1942. You will find it on Page 170 of your document book. At the end of the first paragraph there is one sentence which, for greater clarity, has been marked with a red pencil. It says:
“There is no proof that these prisoners of war had ever participated in any communistic activities during the time of the Soviet regime.”
Kuntze’s next sentence fully elucidates the question of how and why these prisoners of war entered the Educational Labor Camp. He states:
“It seems that the Wehrmacht had, at the time, placed these prisoners of war at the disposal of our local authorities for special treatment. . . .”
We became convinced that they had been directed to this camp by the military authorities. The specialist—in this case undoubtedly Obersturmführer Kuntze—states that they were sent here especially to be subjected to the treatment of the “special regime.”
In an attempt to shorten, if ever so slightly, this very abundant documentation which forms the correspondence, I shall tell you, in my own words, that the 78 people in question were all that remained of a far larger group. Sturmscharführer SS Fritz Knop reports—Page 163 of your document book:
“. . . some of the prisoners at that time were transported in a truck, to some place in the neighborhood and unloaded. Later on further unloadings of prisoners of war were suspended, following objections raised by the Army.”