THE PRESIDENT: 19?

DR. SERVATIUS: This is Document Number 19, in the first document book,

Page 54. Only a portion of this is reproduced. In a circular to all the

Gau labor offices and Gauleiter is the following:

“If in a Gau district the statement is still being made that ‘if

anyone in the Gau has to freeze this winter, the first ones

should be the Russians’ (that is, the Russian civilian laborers

employed for work in the Gau), such a statement shows plainly

that in that region of the Gau the contact between the

administrative labor office and the competent political offices

is as yet not close enough. It is one of the most important

tasks of the Allocation of Labor and the collaboration between

you and the Gauleiter as my deputies for the Allocation of Labor

to see to it that the foreign workers recruited for the German

armament industry and food economy are looked after in such a

manner as to enable them to give the maximum of efficiency.

There is, therefore, no question of protecting from want German

fellow countrymen only and being satisfied with inadequate

provisions for laborers of foreign origin. On the contrary, it

is imperative to bear constantly in mind the fact that, in order

to bring about victory, a maximum of efficiency must be demanded

not only of German fellow countrymen but also of the foreign

workers. It would be absurd to bring foreign workers into the

country, at considerable expense, for work for German economy

and then to allow their efficiency to be impaired or ruined

through lack of proper care.”

In conclusion there follows a reminder that Sauckel’s decree must be

observed.

[_Turning to the defendant._] What was the situation with regard to the

clothing of foreign workers?

SAUCKEL: The clothing of foreign workers from the western regions gave

us relatively little trouble for these workers were well supplied and

they were also compensated for their clothing. But the clothing of the

Eastern Workers was a problem. On behalf of the Eastern Workers I

applied to the Reich Minister of Economy for a quota of clothing and

provided 1 million Eastern Workers with all necessary under and outer

clothing. To supply this quota of clothing 10,000 workers were required

as well as 30,000 tons of raw materials. Thus, every care was given to

the question of clothing, and this clothing was actually issued.

DR. SERVATIUS: The French Delegation has submitted Document Number RF-5.

It is a propaganda brochure, _Work for Europe_. I had also submitted

this, and the Tribunal took judicial notice of it. I should like to

submit it again and refer to three pictures contained therein. The

essential thing about these pictures is that some of the workers coming

from the East arrived barefoot, and later there are pictures where these

workers are seen well dressed in Germany, and it is evident that the

situation as regards the clothing of these workers had made considerable

progress in Germany.

THE PRESIDENT: Is this Sauckel-5?

DR. SERVATIUS: No, it is a document of the French Delegation, Document

RF-5.

[_Turning to the defendant._] What was the situation with regard to

working hours? Who regulated the working hours?

SAUCKEL: The working hours were regulated on the basis of decrees by the

Führer, the Ministerial Council, and later on by Reich Minister

Goebbels. The carrying out of these decrees was my task.

DR. SERVATIUS: What was the average working time?

SAUCKEL: One can hardly talk of an average working time in Germany

during the war. There was the legal working time of 8 hours. For

anything beyond 8 hours, overtime had to be paid.

In the year 1943 the average working time per week was at first set at

54 hours; later, as far as it was necessary, at 10 hours per day. When

Reich Minister Dr. Goebbels became Reich Delegate for Total War Effort,

against my objections and against the objection of other offices but on

the basis of the authority which he had, he demanded and proclaimed a

10-hour working day for all offices and industries. However this could

not be carried through at all, for in many industries and offices work

had to be regulated according to the difficulties which were already

then appearing—difficulties of raw materials, power supply, and the

amount of work. But in exceptional cases, which were not infrequent, 11

and 12 hours of work were put in where production demanded it. German

workers as well worked longer hours. All workers were then compensated

accordingly.

DR. SERVATIUS: In the French Document Number RF-22, on Page 101 of the

German text, is the following:

“From the interrogations by the agencies of the _Ministère des

Prisonniers_ of deported workers who had returned home, it can

be seen that the average time of work per week was at least 72

hours.”

Then the source of this information is mentioned, but that does not

interest us here.

“Sixty-four-hour weeks were not infrequent. Cases of 100-hour

weeks with 30 to 38 consecutive hours were mentioned.”

What can you tell us about this? Did such cases come to your attention?

SAUCKEL: I cannot comment on these reports, because I do not know

whether they concern people who were being used in concentration camps

or those who were used as civilian workers in the other sector for which

I was responsible. It is correct that in very exceptional cases there

were periods in which long hours of work were put in. That was decided

by the factory and applied also to the German workers. But in such cases

appropriate rest periods had to be interspersed. These long hours were

worked only for the completion of important contracts. Where these

people actually worked, I cannot determine from the interrogation and,

therefore, I cannot give you a precise answer.

DR. SERVATIUS: What were the provisions for free time?

SAUCKEL: Free time was at the disposal of the workers.

DR. SERVATIUS: Who was responsible for regulating free time?

SAUCKEL: The regulation of free time was the responsibility of the DAF

as far as the arrangements of details for free time were concerned.

DR. SERVATIUS: What was the situation regarding the employment of

children and young people?

SAUCKEL: By German Reich law children under 12 years of age are not

permitted to work. Children under 14 are only permitted to work a few

hours on the land.

DR. SERVATIUS: Did you issue decrees about working hours for children?

SAUCKEL: I issued decrees or confirmed the laws which were already in

existence insofar as they applied to this work.

DR. SERVATIUS: Now I shall show you Document Number 345-PS, which is a

letter written by Reich Minister Rosenberg to Lammers, dated 20 July

1944.

[_The document was handed to the defendant._]

THE PRESIDENT: Has this been put in before? Has this been offered in

evidence before?

DR. SERVATIUS: This document was submitted in cross-examination. I

myself have just received it. It deals with the recruitment of young

people of 15 to 20 years of age for employment in the Reich during the

war. Then the document refers to the transfer to the Reich of young

people aged 10 to 14 years; that is the “Hay Action.” And it goes on to

say:

“The object of this action is the further care of young people

through the Reich Youth Leadership and the training of

apprentices for German economy in a manner similar to that which

has already been successfully carried out with the White

Ruthenia Youth Service in co-operation with the GBA”—which

means you.

Please comment on whether you had use made of these young people.

SAUCKEL: No, I had nothing whatever to do with this action; and in the

index of addresses my name is not mentioned. I do not know of this

matter.

DR. SERVATIUS: So you did not violate your own rules by issuing special

directives?

SAUCKEL: No. This was a transaction with which I did not concern myself.

DR. SERVATIUS: Then I should like to submit another letter to you, which

was also submitted by the Prosecution in connection with the Schirach

case. It is Document Number 1137-PS, a letter dated 19 October 1944. On

Page 3 of this document, the following appears:

“In addition to this, other labor was supplied to the German

armament industry earlier—namely, first of all, 3,500 boys and

500 girls to the Junkers Works; secondly, 2,000 boys and 700

girls to the OT...

“The agency under the Hitler Youth has procured from the

Occupied Eastern Territories for the armament industry”—I leave

out what does not interest us—“5,500 boys and 1,200 girls.”

Did you authorize the use of this labor, or did this matter pass through

your hands?

SAUCKEL: No.

DR. SERVATIUS; How was this labor brought into the armament industry?

SAUCKEL: Well, I personally am unable to explain that in detail.

Apparently this took place on the basis of an agreement between offices

of the Ministry for the Eastern Occupied Territories or those of

Hauptbannführer Nickel. I have heard only during the proceedings here

that the young people involved were of an age at which work is

prohibited for them. I understood that it was more in the nature of

pre-employment care, but...

DR. SERVATIUS: That is known.

SAUCKEL: It did not go through me or through my office.

DR. SERVATIUS: What about the use of foreign women?

SAUCKEL: Women from foreign countries were used in exactly the same way

as German women. No other conditions.

DR. SERVATIUS: Document Number 025-PS has been submitted here. That is

Exhibit Number USA-698, which was also submitted only now and is not

contained in the books. This is the record of a conference which took

place in your office and in which you spoke at length on the use of

female labor. In the third paragraph it says:

“To this end, the Führer has ordered the use of 400,000 to

500,000 female Eastern Workers from the Ukraine, between the

ages of 15 to 35, for domestic purposes; and the Plenipotentiary

General for the Allocation of Labor”—that is you—“has been

charged with the carrying through of this action, which is to be

concluded in approximately 3 months.”

It goes on:

“It is the specific wish of the Führer that as many girls as

possible shall be germanized if they prove satisfactory.”

Will you please comment on this?

SAUCKEL: Yes, this concerns a decree of the Führer to bring 400,000 to

500,000 female Eastern Workers into the Reich for German households, but

especially in order to lighten the work of the German farmers’ wives. I

should like to mention, in connection with this document, that I did not

compile it and that my office did not compile it either. Most likely

these minutes were written on the basis of notes which somebody had

taken. With reference to these proposed 400,000 to 500,000 domestic

servants, it must be said that they were to be brought into the Reich

only on a voluntary basis. Actually some 13,000 to 15,000 only, I

believe, came into the Reich. The idea of “Germanization,” as used here,

also refers only to their free will or wish to remain in Germany.

DR. SERVATIUS: What medical attention did the foreign workers receive?

Various things have been mentioned here, for instance: “If the worker

can no longer work, he is no longer a concern of ours,” which is

supposed to have been a principle of yours. Then it is further said that

work, food, and pay must be brought into relationship with each other.

If the worker can no longer work, he is just a dead weight. What can you

say with regard to these accusations?

SAUCKEL: Would you show me where I said that? I am not familiar with it.

DR. SERVATIUS: This is in the transcript of a court session; I have the

page here, in the German transcript, 2789 (Volume V, Pages 394, 395). It

says there that if the worker can no longer work, no concern should be

given to his fate. Did you advocate this principle?

SAUCKEL: On the contrary; there exist hundreds of precise decrees and

orders which I issued. They were published in the _Reichsgesetzblatt_,

in special issues sent to the factories and to the labor exchanges and

in special collections, in which it is set down most clearly that the

foreign workers who were brought into the Reich through the Allocation

of Labor had to be treated in accordance with German laws, regulations,

and directives as far as medical treatment and care, including

insurance, were concerned. There were also...

THE PRESIDENT: Dr. Servatius, were you putting to the defendant a

document where it was alleged he had said that after they were unfit to

work, that it is no more his concern? Was it the document you were

putting to him?

DR. SERVATIUS: This document was submitted to him with regard to the

female workers of whom he is alleged to have said that they were to be

germanized. I am no longer dealing with that document, but have turned

to the question of medical care.

THE PRESIDENT: You mean that was in Document 025-PS, Exhibit USA-698?

DR. SERVATIUS: That document, Number 025-PS, refers only to female

workers. This question has already been dealt with. I have turned to the

question of medical care in general and am no longer dealing with the

question of female workers.

[_Turning to the defendant._] Did you receive reports about abominable

conditions regarding the health and the medical care of foreign workers?

SAUCKEL: No. Not only German physicians were employed as official

physicians in the factories and camps to deal with the hygiene and

health of the workers, but also numerous physicians and medical

assistants from the home countries of the foreign workers were engaged

and assigned to these camps.

DR. SERVATIUS: How did you supervise the execution of your decrees, and

what other controlling agencies existed?

SAUCKEL: There were the following controlling agencies: first of all...

DR. SERVATIUS: Just a moment. I should like to refer to Document

Sauckel-2. In it I have made a survey of the control and inspection

agencies concerned with supervision. I shall explain this diagram

briefly:

In the center, there is the Reich Ministry of Labor, under Seldte;

underneath that, the trade inspection boards, including the police

department for trade and town planning. That was the only department

which had police powers—that is, it could take action against any

resistance on the part of those recruited for work. Besides this,

several other official agencies were created to handle the difficult

problem of welfare. There is, first of all, if you look at the

right-hand side, the German Labor Front, an agency encompassing the

interests of the employers, the industry, and the workers, and in some

respects taking the place occupied in the past by the trade unions. From

there matters of welfare were turned over to the factories. A special

inspection board was created, the Reich Inspection Office of the German

Labor Front, with a department for foreign workers which had its own

liaison men in the factories to hear complaints. In the factories

themselves there were also foreign workers who were able to report on

conditions there.

Then, turning further to the right, is the Reich Ministry for Food and

Agriculture which, through the regional food offices, also had direct

insight into questions pertaining to food and welfare. The reports which

went to the Reich Foreign Minister through diplomatic channels were

eventually also passed on to Sauckel, as we shall see later.

Then there is a special department for Eastern Workers under the

Rosenberg Ministry—that is the central agency for the peoples of the

East—and this last letter which we had here, apparently came from one

of the gentlemen in this agency. This central agency for the peoples of

the East in turn also had its agents in the factories and works, and

they made reports directly. All these reports were turned over to

Sauckel.

Now, I turn to the left part of the diagram. Sauckel himself instituted

for inspectional purposes a personal staff which was sent around to

visit factories. We heard from several witnesses that these inspectors

appeared and saw to it that everything was in order. Then he established

a special office, the Reich Inspectorate. Complaints which came from the

German Labor Front and other sources were sent to this inspectorate.

When Sauckel says that he immediately passed on these complaints, they

were sent first to the Reich Inspectorate, which in turn advised the

necessary offices and, if need be, applied the compulsory measures of

the Reich Labor Ministry. Then also the Gauleiter were given the task of

supervision, and the witnesses who have appeared here—witnesses who

were Gauleiter in their time—have confirmed that they exercised control

as plenipotentiaries for the Allocation of Labor. Further to the left is

shown the care and control exercised by the Reich Ministry for

Propaganda which had taken over a supervisory function concerning the

direction of the camps and the workers. Then, finally on the far left,

comes the Wehrmacht which had its own supervisory machinery through its

inspectors, who were entrusted with the prisoners of war and who saw to

it that the conventions were observed.

The reports of all these agencies were sent to Sauckel, and he testified

here that abominable conditions were not reported to him, that he could

make his influence felt only through directives, and that he gave his

instructions.

THE PRESIDENT: Dr. Servatius, will you ask the defendant whether that

was a correct statement on the meaning of the chart?

DR. SERVATIUS: Witness, this explanation, which I have given, and this

diagram, which you have seen, are they correct?

SAUCKEL: Yes.

DR. SERVATIUS: They are correct?

SAUCKEL: Yes.

DR. SERVATIUS: Would you comment now on the activity of the Gauleiter as

plenipotentiaries? How did you supervise the Gauleiter?

SAUCKEL: I could not supervise the Gauleiter themselves, as I had no

disciplinary or official control over them. But I had the Gaue visited

by members of my staff at intervals of about 3 months. On the occasion

of these visits the complaints of the Gauleiter were heard and then

factories and camps were inspected jointly and a check was made to see

how far my directives were, or were not, carried out. I should like to

remark that these inspectors naturally were not allowed any control in

concentration camps and the work in the concentration camps; that was a

different field which was under the control of Obergruppenführer Pohl

and in which I had no authority and no insight.

THE PRESIDENT: We will adjourn now.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

DR. EGON KUBUSCHOK (Counsel for Defendant Von Papen): I ask permission

for the Defendant Von Papen to be absent from the court sessions

tomorrow morning and afternoon. I need a fairly long consultation with

him for the preparation of his defense which I would not be able to have

otherwise. Dr. Flexner will represent him during the session.

THE PRESIDENT: Yes.

MARSHAL (Colonel Charles W. Mays): If it please the Tribunal, a report

is made that the Defendant Göring is absent.

THE PRESIDENT: As I said this morning, the Tribunal will rise at 4 this

afternoon.

DR. SERVATIUS: This morning we got as far as the inspections, but I

should like to go back to one question.

You said that the head of the factory was responsible for the workers.

Did that also apply to the prisoner-of-war and concentration camps?

SAUCKEL: No. The Army, or that part of the Armed Forces under the

authority of which these prisoners of war were kept, was responsible for

the prisoner-of-war camps. In the same way, as far as I know, the

concentration camps alone were responsible for their inmates, even if

they worked.

DR. SERVATIUS: You had formed a Department 9 as a Reich inspection

department in the Reich Ministry of Labor. What were the special tasks

of this inspection department?

SAUCKEL: I had set up that inspection department, which had not existed

before in the Ministry of Labor, because I wanted to ascertain the

uniformity and execution of contracts throughout the entire area of the

Reich, as well as in the occupied territories where German undertakings

and German labor contracts were being carried out; also to examine and

control the unified administrative regulations; and, moreover, to see

whether my orders concerning food, lodging, treatment, and care were

being observed and to what extent they were in need of change. All this

was also contained in a directive which I gave to the inspection

department.

DR. SERVATIUS: What was the position of the Central Inspection

Department in the German Labor Front—the Central Inspection Department

for the care of foreign workers?

SAUCKEL: The Central Inspection Department of the DAF had the task of

supervising the welfare of foreign workers in the camps in Germany to

see whether they were being fed, and so on, in the prescribed way.

DR. SERVATIUS: If there were any abuses, did the Inspection Department

report that to you; or who received the report?

SAUCKEL: An agreement between the Führer, the German Labor Front, Dr.

Ley, and myself, was added as a supplement to the decree concerning the

formation of the Central Inspection Department, and it stated that where

it was a question of conditions in camps the Central Inspection

Department had to deal directly with the Reich offices concerned, or

with the industrial inspection office in the Reich Labor Ministry, in

order to remedy the conditions; whereas cases of shortage or surplus of

manpower, _et cetera_, were to be reported to me.

DR. SERVATIUS: By this agreement, therefore, your rights were limited?

SAUCKEL: Yes.

DR. SERVATIUS: That is Document 1913-PS, which has been submitted. It is

an agreement between Sauckel and Dr. Ley of 20 September 1943. It is

Exhibit USA-227. It is Document Number 41 in the English document book.

I shall only refer to it, without quoting from it.

[_Turning to the defendant._] What other kinds of supervisory offices

existed? I am thinking about the French.

SAUCKEL: Well, after I took office, men were appointed to act as liaison

agents with the foreign workers. These men, in agreement with the German

Labor Front, had the right to visit camps, talk to the workers

themselves, and hear their complaints. A special agreement had been

reached with the French Government in collaboration with the Reich

Foreign Minister.

DR. SERVATIUS: That is Document Sauckel-31. It is on Page 79 of the

English text in the Sauckel Document Book Number 1, “French Agency for

the Care of the French Employed in the Reich.” That is a circular from

Sauckel dated 30 April 1942. I submit the document itself, which is in

this collection. I quote:

“I communicate the following letter from the Foreign Office of

10 April 1942:

“The Government of the Reich has notified the French Government

that it agrees to the following regulations regarding the care

of French voluntary workers in Germany:

“Besides the already existing office for prisoners of war, an

agency for French civilian workers will be established in Berlin

under the direction of Ambassador Scapini. The Reich Government

will furnish a building to house this agency. The agency may

establish branch offices in four other German cities.

“The agency is charged with the care of the French workers in

Germany. It will supervise the fulfillment of the contracts made

by the workers engaged. It may accept proposals from the workers

and transmit them to the competent offices, and see that

unsatisfactory conditions are remedied. It is entitled to issue

certificates and references to the workers for submission to the

French authorities.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 15 · 第 6 / 130 题