I am going to have you shown Document F-860, which is a letter which I am submitting under Number RF-1529. This is a letter written by you, dated 30 November 1942 and addressed to Dr. Lammers. I will pass over the first part.
I am sorry. I forgot to tell the Tribunal that the originals are not here; they are just photostat copies. But I have in my possession an affidavit which I shall submit to the Tribunal.
THE PRESIDENT: It is all right, M. Debenest. You need not bother to give us an affidavit. We have the photostat copy.
M. DEBENEST: I will pass over the first two pages of the French copy, and will pass on to the second paragraph.
“The drafting of the special police law (Polizeistandrecht) was effected in accordance with the views expressed in a letter of the Reichsführer SS. I believe that I have conformed with all the wishes which are contained in it, only I would not like to appoint the Higher SS and Police Leader as court administrator, for, from the point of view of the Dutch, this would mean a curtailment of the authority of the Reich Commissioner, particularly in view of the fact that the Reich Commissioner is designated in the Führer decree as the guardian of the interests of the Reich. However, in the decree I have assigned to the Higher SS and Police Leader all the powers which a court administrator needs. I believe that this special police law may be a useful instrument and to a certain extent an example for all further regulations.”
You did, therefore, have authority over the Police Leader?
SEYSS-INQUART: I had the authority over the special police court, but not over the Higher SS and Police Leader. I remained the top court administrator, even for the police court in an emergency state. All the same I could not give executive orders to the Police. Anyway, this police law existed in the Netherlands for two weeks at the most.
M. DEBENEST: It is nevertheless certain that we here find special tribunals and that you entrusted them to the Police Leader.
SEYSS-INQUART: Yes, that is correct, but only within the scope of police courts in an emergency state, and what the police courts did at that time I assume responsibility for. This was on occasion of the general strike in May 1943.
M. DEBENEST: Well, we quite agree then. You did entrust these emergency courts to the Police.