M. DUBOST: What was the nationality of this doctor?

DUPONT: German. He was in detention. He was an SS man and Koch and he

were arrested at the same time. Owen was released and came back to

Buchenwald restored to his rank and his functions at the beginning of

1945. He was quite willing to talk to the prisoners and the information

that I have given comes from him.

M. DUBOST: I have no further questions to ask the witness, Mr.

President.

THE PRESIDENT: Does any member of the Defense Counsel wish to ask any

questions?

DR. MERKEL: I am the Defense Counsel for the Gestapo.

Witness, you previously stated that the methods of treatment in

Buchenwald were not peculiar to the Buchenwald Camp but must be ascribed

to a general order. The reasons you gave for this statement were that

you had seen those customs and methods in all the other camps too. How

am I to understand this expression “in all the other camps”?

DUPONT: I am speaking of concentration camps; to be precise, a certain

number of them, Mauthausen, Dachau, Sachsenhausen; labor squads such as

Dora, Laura, S III, Mansleben, Ebensee, to mention these only.

DR. MERKEL: Were you yourself in those camps?

DUPONT: I myself went to Buchenwald. I collected exact testimony about

the other camps from friends who were there. In any case, the number of

friends of mine who died is a sufficiently eloquent proof that

extermination was carried out in the same way in all the camps.

HERR BABEL: I should like to know to what block you belonged. Perhaps

you can tell the Tribunal—you have already mentioned the point—how the

prisoners were distributed? Did they not also bear certain external

markings, red patches on the clothing of some and green on that of

others?

DUPONT: There were in fact a number of badges, all of which were found

in the same Kommandos. To give an example, where I was—in the

“terrassekommando” known as “Entwässerung” (drainage)—I worked along

side of German “common-laws” wearing the green badge. Regarding the

nationalities in this Kommando, there were Russians, Czechs, Belgians,

and French. Our badges were different; our treatment was identical, and

in this particular case we were even commanded by “common-laws.”

HERR BABEL: I did not quite hear the beginning of your answer. I asked

whether the internees were divided into specific categories identifiable

externally by means of stars or some kind of distinguishing mark: green,

blue, _et cetera_?

DUPONT: I said that there were various badges in the camp, triangular

badges which applied in principle to different categories, but all the

men were mixed up together, and subjected to the same treatment.

HERR BABEL: I did not ask you about their treatment, but about the

distinctive badges.

DUPONT: For the French it was a badge in the form of a shield.

HERR BABEL: For all the prisoners, not only the French.

DUPONT: I am answering you. In the case of the French, who were those I

knew best, the red, political badge was given to everyone without

discrimination, including the prisoners brought over from Fort Barraut,

who were common-law criminals. I saw the same thing among the Czechs and

the Russians. It is true that the use of different badges had been

intended, but that was never put into practice in any reasonable way.

To come back to what I have already stated, even if there were different

badges, the people were all mixed up together, nevertheless, and

subjected exactly to the same treatment and the same conditions.

HERR BABEL: We have already heard several times that prisoners of

various nationalities were mixed up together. That is not what I asked

you. You were in the camp for a sufficiently long period to be able to

answer my question. How were these prisoners divided? As far as I know,

they were divided into criminal, political, and other groups, and each

group distinguished by a special sign worn on the clothing—green, blue,

red, or some other color.

DUPONT: The use of different badges for different categories had been

planned. These categories were mixed up together. “Criminals” were side

by side with prisoners classed as “political.” There were, however,

blocks in which one or another of those elements predominated; but they

were not divided up into specific groups distinguished by the particular

badge they wore.

HERR BABEL: I have been told, for instance, that political prisoners

wore blue badges and the criminals wore red ones. We have already had a

witness who confirmed this to a certain extent by stating that criminals

wore a green badge and asocial offenders a different badge and that the

category to which they belonged could be seen at a glance.

DUPONT: It is true that different badges existed. It is true that the

use of these badges for different categories was foreseen; but if I am

to confine myself to the truth, I must emphasize the fact that the full

use was not made of these badges. For the French, in particular, there

were only political badges; and this increased the confusion still more

since notorious criminals from the ordinary civil prisons were regarded

everywhere as political prisoners. The badges were intended to identify

the different existing categories, but they were not employed

systematically. They were not employed at all for the French prisoners.

HERR BABEL: If I understand you correctly, you say that all French

prisoners were classified as political prisoners?

DUPONT: That is correct.

HERR BABEL: Now, among these French prisoners, as you said yourself, is

it not true to say that there were not only political prisoners but also

a large proportion of criminals?

DUPONT: There were some among . . .

HERR BABEL: At least, I took your previous statement to mean that. You

said that quite definitely.

DUPONT: I did say so. I said that there were criminals from special

prisons who were not given the green badge with an F, which they should

have received, but the political badge.

HERR BABEL: What was your employment in the camp? You are a doctor, are

you not?

DUPONT: I arrived in January. For 3 months I was assigned first to the

quarry and then to the “terrasse.” After that I was assigned to the

Revier, that is to say the camp infirmary.

HERR BABEL: What were your duties there?

DUPONT: I was assigned to the ambulance service for internal diseases.

HERR BABEL: Were you able to act on your own initiative? What sort of

instructions did you receive regarding the treatment of patients?

DUPONT: We acted under the control of an SS doctor. We had a certain

number of beds for certain patients, in the proportion of one bed to 20

patients. We had practically no medical supplies. I worked in the

infirmary up to the liberation.

HERR BABEL: Did you receive instructions regarding the treatment of

patients? Were you told to look after them properly or were you given

instructions to administer treatment which would cause death?

DUPONT: As regards that, I was ordered to select the incurables for

extermination. I never carried out this order.

HERR BABEL: Were you told to select them for extermination? I did not

quite hear your reply. Will you please repeat it?

DUPONT: I was ordered to select those who were dangerously ill so that

they might be sent to Block 61 where they were to be exterminated. That

was the only order I received concerning the patients.

HERR BABEL: “Where were they to be exterminated?” I asked if you were

told that they were to be selected for extermination. Were you

told—“They will be sent to Block 61?” Were you also told what was to

happen to them in Block 61?

DUPONT: Block 61 was in charge of a noncommissioned officer called

Wilhelm, who personally supervised the executions; and it was he who

ordered what patients should be selected to be sent to that block. I

think the situation is sufficiently clear.

HERR BABEL: I beg your pardon. You were given no specific details?

DUPONT: The order to send the incurables . . .

HERR BABEL: Witness, it strikes me that you are not giving a

straightforward answer of “yes” or “no,” but that you persist in evading

the question.

DUPONT: It was said that these patients were to be sent to Block 61.

Nothing more was added but every patient sent to Block 61 was executed.

HERR BABEL: That is not first-hand observation. You found out or you

heard that those who were sent there did not come back.

DUPONT: That is not correct. I could see for myself, for I was the only

doctor who could enter Block 61, which was under the command of an

internee called Louis Cunish (or Remisch). I was able to get a few of

the patients out; the others died.

HERR BABEL: If such a thing was said to you, why did you not say that

you would not do it?

DUPONT: If I understand the question correctly, I am being asked why,

when I was told to send the most serious cases . . .

HERR BABEL: When you received instructions to select patients for Block

61 why did you not say, “I know what will happen to those people, and

therefore I will not do it.”

DUPONT: Because it would have meant death.

HERR BABEL: And what would it have meant if Germans had refused to carry

out such an order?

DUPONT: What Germans are you talking about? German internees?

HERR BABEL: A German doctor, if you like, or anyone else employed in the

hospital. What would have happened to him if he had received such an

order and refused to carry it out?

DUPONT: If an internee refused point-blank to execute such an order, it

meant death. In point of fact, we sometimes could evade such orders. I

emphasize the fact that I never sent anyone to Block 61.

HERR BABEL: I have one more general question to ask about conditions in

the camp. For those who have never seen a camp it is difficult to

imagine what conditions were actually like. Perhaps you could give the

Tribunal a short description of how the camp was arranged.

DUPONT: I think I have already spoken at sufficient length on the

organization of the camp. I should like to ask the President whether it

will serve any useful purpose to return to this subject.

THE PRESIDENT: I believe it is not necessary. [_To Herr Babel_] If you

want to put any particular cross-examination to him to show he is not

telling the truth, you can, but not to ask him for a general

description.

HERR BABEL: The camp consists of an inner site surrounded and secured by

barbed wire. The barracks in which the prisoners were housed were inside

this camp. How was this inner camp guarded?

THE PRESIDENT: Will you kindly put one question at a time? The question

you just put involves three or four different matters.

HERR BABEL: How was the part of the camp in which the living quarters

are situated, separated from the rest? What security measures were

taken?

DUPONT: The camp was a unified whole, cut off from the rest of the world

by an electrified barbed wire network.

HERR BABEL: Where were the guards?

DUPONT: The guards of the camp were in towers situated all around the

camp; they were stationed at the gate and they patrolled inside the camp

itself.

HERR BABEL: Inside the camp? Inside the barbed wire enclosure?

DUPONT: Obviously, inside the camp and inside the barracks, of course.

They had the right to go everywhere.

HERR BABEL: I have been informed that each separate barrack was under

the supervision of only one man, a German SS man or a member of some

other organization, that there were no other guards, that these guards

were not intended to act as guards but only to keep order, and that the

so-called Kapos, who were chosen from the ranks of the prisoners, had

the same authority as the guards and performed the duties of the guards.

It may have been different in Buchenwald. My information comes from

Dachau.

DUPONT: I have already answered all these questions in my statement by

saying that the camps were run by the SS in a manner which is common

knowledge and that in addition the SS employed the internees as

intermediaries in many instances. This was the case in Buchenwald and, I

suppose, in all the other concentration camps.

HERR BABEL: The answer to the question has again been highly evasive. I

shall not, however, pursue the matter any further, as in any case I

shall not receive a definite answer.

But I should like to put one further question: You stated in connection

with the facts you described that a professor, whose name I could not

understand through the earphones and who was, I believe, a professor of

your own, was housed in Block 58. You stated in connection with the

question of degradation that at first 300 people, I think, were housed

there and later on 1,200. Is that correct?

DUPONT: There were 1,200 men in Block 58 when I found Dr. Kindberg

there.

HERR BABEL: Yes. And if I understood you correctly, you said that in

this block there were not only Frenchmen, but also Russians, Poles,

Czechs, and Jews and that a state of degradation was caused not only

through the herding together of 1,200 people but also through the

intermingling of so many different nationalities.

DUPONT: I want to make it clear that the intermingling of elements

speaking a different language, men who are unable to understand each

other, is not a crime; but it was a pre-disposing factor which furthered

all the other measures employed to bring about a state of human

degradation among the prisoners.

HERR BABEL: So you consider that the intermingling of Frenchmen,

Russians, Poles, Czechs, and Jews is a degradation?

DUPONT: I do not see the point of this question. The fact of

intermingling . . .

HERR BABEL: There is no need for you to see the point; I know why I am

asking the question.

DUPONT: The fact of putting men who speak different languages together

is not degrading. I did not either think or say such a thing; but the

herding together of elements which differ from each other in every

respect and especially in that of language, in itself made living

conditions more difficult, and paved the way for the application of

other measures which I have already described at length and whose final

aim was the degradation of the human being.

HERR BABEL: I cannot understand why the necessity of associating with

people whose language one does not understand should be degrading.

THE PRESIDENT: Dr. Babel, he has given his answer, that he considers it

tended to degradation. It does not matter whether you understand it or

not.

HERR BABEL: Mr. President, the transmission through the earphones is

sometimes so imperfect that I, at least, often cannot hear exactly what

the witness says and for that reason I have unfortunately been compelled

to have an answer repeated from time to time.

M. DUBOST: I should not like the Tribunal to mistake this interpolation

for an interruption of the cross-examination; but I think I must say

that some confusion was undoubtedly created in the mind of the Defense

Counsel just now in consequence of an interpreter’s error which has been

brought to my notice.

He asked my witness an insidious question, namely, whether the French

deportees were criminals for the most part, and the question was

interpreted as follows: whether the French deportees were criminals. The

witness answered the question as translated into French and not as asked

in German. I therefore request that the question be put once more by the

Defense Counsel and correctly translated.

THE PRESIDENT: Do you understand what Mr. Dubost said, Dr. Babel?

HERR BABEL: I think I understand the substance. I think I understand

that there was a mistake in the translation. I am not in a position to

judge; I cannot follow both the French and German text.

THE PRESIDENT: I think the best course is to continue your

cross-examination, if you have any more questions to ask, and Mr. Dubost

can clear up the difficulty in re-examination.

HERR BABEL: Mr. President, the Defense Counsel for Kaltenbrunner has

already explained today that it is very difficult for the Defense to

cross-examine a witness without being informed at least one day before

as to the subjects on which the witness is to be heard. The testimony

given by today’s witnesses was so voluminous that it is impossible for

me to follow it without previous preparation and to prepare and conduct

from brief notes the extensive cross-examinations which are necessary.

To my knowledge, the President has already informed Defense Counsel for

the organizations that we shall have an opportunity of re-examining the

witnesses later or of calling them on our own behalf.

THE PRESIDENT: I have already said what I have to say on behalf of the

Tribunal on that point, but as Counsel for the Defense must have

anticipated that witnesses would be called as to the conditions in the

concentration camps, I should have thought they could have prepared

their cross-examination during the 40 or more days during which the

Trial has taken place.

HERR BABEL: Mr. President, I do not think that this is the proper time

for me to argue the matter with the Tribunal, but I may perhaps be given

the opportunity of doing so later in a closed session. I consider this

necessary in the interests of the rapid and unhampered progress of the

Trial.

I have no desire whatsoever to delay the proceedings. I have the

greatest interest in expediting them as far as possible, but I am

anxious not to do so at the cost of prejudicing the defense of the

organizations.

THE PRESIDENT: Dr. Babel, I have already pointed out to you that you

must have anticipated that the witnesses might be called to state the

conditions in concentration camps. You must therefore have had full

opportunity during the days the Trial has taken place for making up your

mind on what points you would cross-examine, and I see no reason to

discuss the matter with you.

HERR BABEL: Thank you for this information. But naturally I cannot know

in advance exactly what the witness is going to say, and I cannot

cross-examine him until I have heard him. I know, of course, that a

witness is going to make a statement about concentration camps but I

cannot know in advance which particular points he will discuss.

M. DUBOST: I would ask the Tribunal to note that in questioning the

French witness the Defense used certain words the literal translation of

which is “for the most part.” This applied to the character of the

French deportees. The question was, “Were they criminals for the most

part?” The witness understood it to be as I did: “Did you say that they

were criminals?” and not “that the convoys were for the most part

composed of criminals.” His reply was the natural one. The Tribunal will

allow me to ask the witness to give details. What was the proportion of

common-law criminals and patriots respectively among the deportees? Was

he himself a common-law criminal or a patriot? Were the generals and

other personalities whose names he has given us common-law criminals or

patriots, speaking generally?

DUPONT: The proportion of French common-law criminals was very small.

The common-law criminals came from Fort Barraut in a convoy. I cannot

give the exact figures, but there were only a few hundred out of all the

internees. In other incoming convoys the proportion of common-law

criminals included was only 2 or 3 per thousand.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 177 / 333 题