SIR DAVID MAXWELL-FYFE: Now, I just want you to help the Tribunal on three points in this document. You remember I asked you yesterday about the secrecy standard of the original Führer order of 18 October. If you will look at the second paragraph you will see that it says:
“... was given the protection of top secret merely because it is stated therein (1) that ... sabotage organization ... may have portentous consequences ... and (2) that the shooting of uniformed prisoners acting on military orders must be carried out even after they have surrendered voluntarily and asked for pardon.”
Do you see that?
DÖNITZ: Yes, I have read it.
SIR DAVID MAXWELL-FYFE: You agree that that was one of the reasons for giving the order top secrecy?
DÖNITZ: This exchange of notes between Eckardt and the section chief was not submitted to me, as is obvious from the initials noted in the book...
SIR DAVID MAXWELL-FYFE: Is that the reason for you not answering my question? Do you agree that that is the reason for giving top secrecy to this document?
DÖNITZ: I do not know. I cannot tell you that, because I did not issue this Commando Order. It says in the Commando Order, on the one hand that these people had killed prisoners. That is the way I had read it as Commander, U-boat Fleet; and on the other hand...
SIR DAVID MAXWELL-FYFE: I shall give you one more opportunity of answering my question. You were Commander-in-Chief of the German Navy. Do you say that you are not able to answer this question: Is the reason stated in Paragraph 2 of this document a correct reason for attaching top secrecy to the Führer order of 18 October? Now you have this final opportunity of answering that question. Will you answer it or won’t you?
DÖNITZ: Yes, I will do that. I consider it possible, particularly as the legal expert here thinks so. I do not know if it is correct, because I did not issue the order. On the other hand, it says in the order that these things would not be published in the army orders.