I omit the next paragraph.

“I hereby certify that 368 incurably insane patients, whose

names appear on the annexed list, died on 29 January

1942.”—Signed—“Kirste, SS Sturmbannführer.”

The second document is submitted as Exhibit Number USSR-410 (Document

Number USSR-410). This is a report of the head of the Security Police

and SD in Latvia, Number 357/42g, dated 28 May 1942. I am quoting the

one paragraph from this document:

“I hereby certify that 243 incurably insane patients, whose

names appear on the enclosed list, died on 14 April

1942.”—Signed—“Kirste, SS Sturmbannführer.”

The third document is submitted as Exhibit Number USSR-398 (Document

Number USSR-398). This is a report by the head of the Security Police

and SD, Latvia, dated 15 March 1943. I will read into the record the one

paragraph of this document:

“I hereby certify that 98 incurably insane patients, whose names

appear on the enclosed list, died on 22 October

1942.”—Signed—“Kirste, SS Sturmbannführer.”

I think I can also omit the next one and a half pages of my statement;

but I would request the Tribunal to accept as evidence the following

document without reading it, as proof of the experiments carried out on

live persons. I submit as Exhibit Number USSR-406 (Document Number

USSR-406) the data about the experiments carried out in another camp,

the Ravensbrück Camp. It contains the results of the investigation by

the Polish State Commission. The photographs contained therein are very

characteristic and I need not comment on them.

I would now request the Tribunal’s permission to summon as witness a

Polish woman, Shmaglevskaya, to have her testify regarding only one

question, the attitude of the German fascists toward the children in the

concentration camps. Would the President permit the calling of this

witness?

THE PRESIDENT: Yes, certainly.

[_The witness, Shmaglevskaya, took the stand._]

THE PRESIDENT: Will you first of all tell me your name?

SEVERINA SHMAGLEVSKAYA (Witness): Severina Shmaglevskaya.

THE PRESIDENT: Will you repeat this oath after me: I hereby swear before

God—the Almighty—that I will speak before the Tribunal nothing but the

truth—concealing nothing that is known to me—so help me God, Amen.

[_The witness repeated the oath._]

MR. COUNSELLOR SMIRNOV: Tell me, Witness, were you an internee of

Oswieczim Camp?

SHMAGLEVSKAYA: Yes.

MR. COUNSELLOR SMIRNOV: During what period of time were you in the camp

of Oswieczim?

SHMAGLEVSKAYA: From 7 October 1942 to January 1945.

MR. COUNSELLOR SMIRNOV: Do you have any proof that you were an internee

of this camp?

SHMAGLEVSKAYA: I have the number which was tattooed on my arm, right

here.

MR. COUNSELLOR SMIRNOV: That is what the Oswieczim inmates call the

“visiting cards”?

SHMAGLEVSKAYA: Yes.

MR. COUNSELLOR SMIRNOV: Tell me, please, Witness, were you an eyewitness

of German SS men’s attitude toward children?

SHMAGLEVSKAYA: Yes.

MR. COUNSELLOR SMIRNOV: Will you please tell the Tribunal about this?

SHMAGLEVSKAYA: I could tell about the children who were born in the

concentration camp, about the children who were brought to the

concentration camp with the Jewish transports and who were taken

directly to the crematories, as well as about those children who were

brought to concentration camps and there interned. Already in December

1942 when I went to work about 10 kilometers from Birkenau. . .

MR. COUNSELLOR SMIRNOV: Excuse me. May I interrupt you? Then, you were

in the Birkenau section of the camp?

SHMAGLEVSKAYA: Yes, I was in the Camp Birkenau, which is a part of the

Oswieczim Camp, which was called Oswieczim Number 2.

MR. COUNSELLOR SMIRNOV: Please go on.

SHMAGLEVSKAYA: I noticed then a woman in the last month of pregnancy. It

was obvious from her appearance. This woman, together with the others,

had to walk 10 kilometers to the place of work and there she toiled the

whole day, shovel in hands, digging trenches. She was already ill and

she asked the German superintendent, a civilian, for permission to rest.

He refused, laughed at her, and together with another SS man, started

beating her. He scrutinized her work very strictly. Such was the

situation of all the women who were pregnant. And only during the very

last minutes were they permitted to stay away from work. The newborn

children, if Jewish, were immediately put to death.

MR. COUNSELLOR SMIRNOV: Pardon me, Witness, what do you mean by “were

immediately put to death”? When was it?

SHMAGLEVSKAYA: They were immediately taken away from their mother.

MR. COUNSELLOR SMIRNOV: When the transport arrived?

SHMAGLEVSKAYA: No, I am speaking of the children who were born in the

concentration camps. A few minutes after delivery the child was taken

from the mother, who never saw it again. After a few days the mother had

to return to work. In 1942 there were no special blocks in the camp for

the children. At the beginning of 1943, when they started to tattoo the

internees, the children born in the concentration camps were also

branded. The number was tattooed on their legs.

MR. COUNSELLOR SMIRNOV: Why on the leg?

SHMAGLEVSKAYA: Because the child is very small and there was not enough

room on their tiny arms for the number, which contained five digits. The

children did not have special numbers but bore the same numbers as the

grown-ups; that is to say, they were given serial numbers. The children

were placed in a special block and after a few weeks, sometimes after a

month, they were taken away from the camp.

MR. COUNSELLOR SMIRNOV: Where to?

SHMAGLEVSKAYA: We were never able to find out where these children were

taken. They were taken away all the time this camp existed; that is to

say, in 1943 and 1944. The last convoy of children left the camp in

January 1945. These were not only Polish children, because, as you know,

in Birkenau there were women from all over Europe. Even today we don’t

know whether these children are alive.

I should like, in the name of all the women of Europe who became mothers

in concentration camps, to ask the Germans today, “Where are these

children?”

MR. COUNSELLOR SMIRNOV: Tell me, Witness, did you yourself see the

children being taken to gas chambers?

SHMAGLEVSKAYA: I worked very close to the railway which led to the

crematory. Sometimes in the morning I passed near the building the

Germans used as a latrine, and from there I could secretly watch the

transport. I saw many children among the Jews brought to the

concentration camp. Sometimes a family had several children. The

Tribunal is probably aware of the fact that in front of the crematory

they were all sorted out.

MR. COUNSELLOR SMIRNOV: Selection was made by the doctors?

SHMAGLEVSKAYA: Not always by doctors; sometimes by SS men.

MR. COUNSELLOR SMIRNOV: And doctors with them?

SHMAGLEVSKAYA: Yes, sometimes, by doctors, too. During such a sorting,

the youngest and the healthiest Jewish women in very small numbers

entered the camp. Women carrying children in their arms or in carriages,

or those who had larger children, were sent into the crematory together

with their children. The children were separated from their parents in

front of the crematory and were led separately into gas chambers.

At that time, when the greatest number of Jews were exterminated in the

gas chambers, an order was issued that the children were to be thrown

into the crematory ovens or the crematory ditches without previous

asphyxiation with gas.

MR. COUNSELLOR SMIRNOV: How should we understand that? Were they thrown

into the ovens alive or were they killed by other means before they were

burned?

SHMAGLEVSKAYA: The children were thrown in alive. Their cries could be

heard all over the camp. It is hard to say how many there were.

MR. COUNSELLOR SMIRNOV: Nevertheless, there was some reason why this was

done. Was it because the gas chambers were overworked?

SHMAGLEVSKAYA: It is very difficult to answer this question. We don’t

know whether they wanted to economize on the gas or whether there was no

room in the gas chambers.

I should also add that it is impossible to determine the number of these

children—like that of the Jews—because they were driven directly to

the crematory, were not registered, were not tattooed, and very often

were not even counted. We, the internees, often tried to ascertain the

number of people who perished in gas chambers; but our estimates of the

number of children executed could only be based on the number of

children’s prams which were brought to the storerooms. Sometimes there

were hundreds of these carriages, but sometimes they sent thousands.

MR. COUNSELLOR SMIRNOV: In one day?

SHMAGLEVSKAYA: Not always the same. There were days when the gas

chambers worked from early morning until late at night.

I should also like to tell you about the children—and their number is

large—who were interned in concentration camps. At the beginning of

1943 Polish children from Zamoishevna arrived at the concentration camp

with their parents. At the same time Russian children from territories

occupied by the Germans began to arrive. The Jewish children were added

to these. In smaller numbers, one could also meet Italian children in

the concentration camp. The conditions were as difficult for the

children as for adults; perhaps even more onerous. These children didn’t

receive any parcels because there was no one to send them. Red Cross

packages never reached the internees. In 1944 a great number of Italian

and French children arrived at the concentration camp. All these

children suffered from skin diseases, lymphatic boils, and malnutrition;

they were badly clad, often without shoes, and had no possibility of

washing themselves.

During the Warsaw uprising captured children from Warsaw were brought to

the concentration camp. The youngest of the children was a little

6-year-old boy. The children were quartered in special barracks. When

the systematic deportation of internees from Birkenau to the interior of

Germany commenced, these children were used for heavy labor. At the same

time there arrived in the concentration camps the children of Hungarian

Jews, who had to work together with the children who were brought after

the Warsaw uprising. These children worked with two carts which they had

to pull themselves to transport coal, iron machines, wood for floors,

and other heavy things from one camp to the other. They also labored at

dismantling barracks during the liquidation of the camp. These children

remained in the concentration camp until the very end. In January 1945

they were evacuated and had to march to Germany on foot under conditions

as difficult as those of the front, under an SS guard, without food,

covering about 30 kilometers a day.

MR. COUNSELLOR SMIRNOV: During this march the children died of

exhaustion?

SHMAGLEVSKAYA: I wasn’t in the group where there were children, as I

managed to escape on the second day after this evacuation march.

I should also like to add a few words regarding the methods of

demoralization of the people who were interned in concentration camps.

Everything that we had to suffer was the result of a whole system for

degrading human beings.

The concentration camp cars in which the internees were transported had

previously been used for cattle. When the transports were about to move

the cars were nailed shut. In each one of these cars there was a great

number of people. The convoy of SS men never considered that human

beings have physical needs. Some of these people happened to have

necessary pots with them, and they often had to use them for physical

needs.

For some time I worked at the store, where kitchen utensils of internees

were brought.

MR. COUNSELLOR SMIRNOV: Do you mean that you worked in the warehouse

where the belongings of these who were murdered were brought. Did I

understand you correctly?

SHMAGLEVSKAYA: No, only the kitchen utensils of people who arrived at

the concentration camps were brought to this warehouse.

MR. COUNSELLOR SMIRNOV: These things were taken away from them?

SHMAGLEVSKAYA: What I want to say is that in some cases the kitchen

utensils and pots contained remains of food, and in others there was

human excrement. Each of the workers received a pail of water, and had

to wash a great number of these kitchen utensils during one half of the

day. These kitchen utensils, which were sometimes very badly washed,

were given to people who had just arrived at the concentration camp.

From these pots and pans they had to eat, so that often they caught

dysentery and other diseases from the first day.

THE PRESIDENT: Colonel Smirnov, I don’t think the Tribunal wants quite

so much of the detail with reference of these domestic matters.

MR. COUNSELLOR SMIRNOV: The witness was called here with a view to

describing the attitude of the Germans toward the children in the camps.

THE PRESIDENT: Will you keep her to the part of her testimony which you

wish to bring out?

MR. COUNSELLOR SMIRNOV: Tell me, Witness, can you add anything else to

your description of the attitude of the Germans towards the children in

the camp? Have you already told us about all of the facts which you know

regarding this question?

SHMAGLEVSKAYA: I should like to say that the children, as well as the

adults, were also subjected to the system of demoralization and

degradation through famine. Often starvation caused the children to look

for potato peels in garbage heaps.

MR. COUNSELLOR SMIRNOV: Tell me, Witness, do you certify in your

testimony, that sometimes the number of carriages remaining after the

murder of the children amounted to a thousand per day?

SHMAGLEVSKAYA: Yes, sometimes there were such days.

MR. COUNSELLOR SMIRNOV: Mr. President, I have no further question to ask

of the witness.

THE PRESIDENT: Do any of the chief prosecutors wish to ask any

questions?

[_There was no response._]

Do any of the defendants’ counsel wish to ask any questions?

[_There was no response._]

Then the witness can retire.

[_The witness left the stand._]

MR. COUNSELLOR SMIRNOV: Mr. President, I should like to take up the next

section of my presentation which deals with the organization, by German

fascism, of secret centers for the extermination of people. These cannot

even be considered concentration camps because the human beings in these

places rarely survived more than 10 minutes or 2 hours at the most. Out

of all these terrible centers, organized by the German fascists, I would

submit to the Tribunal evidence on two such places, that is to say, on

Kwelmno center (Kwelmno is a village in Poland) and on the Treblinka

Camp. In connection with this I would ask the Tribunal to summon one

witness, whose testimony is interesting, because he can be considered a

person who returned from “the other world,” for the road to Treblinka

was called by the German executors themselves “The Road to Heaven.” I am

speaking of the witness Rajzman, a Polish national, and I beg the

Tribunal’s permission to bring this witness here for examination.

THE PRESIDENT: It is just a quarter to 1 now, so we had better have this

witness at 2 o’clock. We will adjourn now.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: The Tribunal has been informed that the witness who was

referred to yesterday, Wielen, is in a prisoner-of-war camp or in prison

near London, England; and he can, therefore, be brought over here to be

examined at short notice. The Tribunal, therefore, wishes defendants’

counsel to make up their minds whether they wish Colonel Westhoff and

this man Wielen to be brought here during the Prosecution’s case for

them to cross-examine those witnesses or whether they prefer that they

should be brought when the defendants are presenting their case. But, as

I have stated with reference to all witnesses, they can only be called

once. If they are examined as part of the Prosecution’s case, then all

the defendants must exercise their rights, if they wish to do so, of

interrogating the witnesses at that time. If, on the other hand, the

defendants’ counsel decide that they would prefer that these witnesses

should be called during the defendants’ case, then similarly, the

witnesses will be called only once, and the right of examining them must

then be exercised.

At the same time, the statement or the report which was presented

yesterday and which the Tribunal ruled was admissible, will be read in

the course of the Prosecution’s case at such time as the Prosecution

decide.

DR. NELTE: Mr. President, may I be allowed to postpone making a

statement until after discussion with my colleagues. I hope this will be

possible in the course of the afternoon.

THE PRESIDENT: I understand you want to consult the other defendants’

counsel before you let us know. Very well; you will let us know at your

convenience. Go on, Colonel Smirnov.

MR. COUNSELLOR SMIRNOV: Mr. President, I should like to proceed with the

interrogation of the witness.

[_The witness Rajzman took the stand._]

THE PRESIDENT: What is your name?

SAMUEL RAJZMAN (Witness): Rajzman, Samuel.

THE PRESIDENT: Will you repeat this oath after me: I hereby swear before

God—the Almighty—that I will speak before the Tribunal—nothing but

the truth—concealing nothing of what is known to me—so help me God,

Amen.

[_The witness repeated the oath._]

THE PRESIDENT: You may sit down.

MR. COUNSELLOR SMIRNOV: Witness Rajzman, will you please tell the

Tribunal what was your occupation before the war?

RAJZMAN: Before the war I was an accountant in an export firm.

MR. COUNSELLOR SMIRNOV: When and under what circumstances did you become

an internee of Treblinka Number 2?

RAJZMAN: In August 1942 I was taken away from the Warsaw ghetto.

MR. COUNSELLOR SMIRNOV: How long did you stay in Treblinka?

RAJZMAN: I was interned there for a year—until August 1943.

MR. COUNSELLOR SMIRNOV: That means you are well acquainted with the

rules regulating the treatment of the people in this camp?

RAJZMAN: Yes, I am well acquainted with these rules.

MR. COUNSELLOR SMIRNOV: I beg you to describe this camp to the Tribunal.

RAJZMAN: Transports arrived there every day; their number depended on

the number of trains arriving; sometimes three, four, or five trains

filled exclusively with Jews—from Czechoslovakia, Germany, Greece, and

Poland. Immediately after their arrival, the people had to leave the

trains in 5 minutes and line up on the platform. All those who were

driven from the cars were divided into groups—men, children, and women,

all separate. They were all forced to strip immediately, and this

procedure continued under the lashes of the German guards’ whips.

Workers who were employed in this operation immediately picked up all

the clothes and carried them away to barracks. Then the people were

obliged to walk naked through the street to the gas chambers.

MR. COUNSELLOR SMIRNOV: I would like you to tell the Tribunal what the

Germans called the street to the gas chambers.

RAJZMAN: It was named Himmelfahrt Street.

MR. COUNSELLOR SMIRNOV: That is to say, the “street to heaven”?

RAJZMAN: Yes. If it interests the Court, I can present a plan of the

camp of Treblinka which I drew up when I was there, and I can point out

to the Tribunal this street on the plan.

THE PRESIDENT: I do not think it is necessary to put in a plan of the

camp, unless you particularly want to.

MR. COUNSELLOR SMIRNOV: Yes, I also believe that it is not really

necessary.

Please tell us, how long did a person live after he had arrived in the

Treblinka Camp?

RAJZMAN: The whole process of undressing and the walk down to the gas

chambers lasted, for the men 8 or 10 minutes, and for the women some 15

minutes. The women took 15 minutes because they had to have their hair

shaved off before they went to the gas chambers.

MR. COUNSELLOR SMIRNOV: Why was their hair cut off?

RAJZMAN: According to the ideas of the masters, this hair was to be used

in the manufacture of mattresses for German women.

THE PRESIDENT: Do you mean that there was only 10 minutes between the

time when they were taken out of the trucks and the time when they were

put into the gas chambers?

RAJZMAN: As far as men were concerned, I am sure it did not last longer

than 10 minutes.

MR. COUNSELLOR SMIRNOV: Including the undressing?

RAJZMAN: Yes, including the undressing.

MR. COUNSELLOR SMIRNOV: Please tell us, Witness, were the people brought

to Treblinka in trucks or in trains?

RAJZMAN: They were brought nearly always in trains, and only the Jews

from neighboring villages and hamlets were brought in trucks. The trucks

bore inscriptions, “Expedition Speer,” and came from Vinegrova Sokolova

and other places.

MR. COUNSELLOR SMIRNOV: Please tell us, what was the subsequent aspect

of the station at Treblinka?

RAJZMAN: At first there were no signboards whatsoever at the station,

but a few months later the commander of the camp, one Kurt Franz, built

a first-class railroad station with signboards. The barracks where the

clothing was stored had signs reading “restaurant,” “ticket office,”

“telegraph,” “telephone,” and so forth. There were even train schedules

for the departure and the arrival of trains to and from Grodno, Suwalki,

Vienna, and Berlin.

MR. COUNSELLOR SMIRNOV: Did I rightly understand you, Witness, that a

kind of make-believe station was built with signboards and train

schedules, with indications of platforms for train departures to

Suwalki, and so forth?

RAJZMAN: When the persons descended from the trains, they really had the

impression that they were at a very good station from where they could

go to Suwalki, Vienna, Grodno, or other cities.

MR. COUNSELLOR SMIRNOV: And what happened later on to these people?

RAJZMAN: These people were taken directly along the Himmelfahrtstrasse

to the gas chambers.

MR. COUNSELLOR SMIRNOV: And tell us, please, how did the Germans behave

while killing their victims in Treblinka?

RAJZMAN: If you mean the actual executions, every German guard had his

special job. I shall cite only one example. We had a Scharführer Menz,

whose special job was to guard the so-called “Lazarett.” In this

“Lazarett” all weak women and little children were exterminated who had

not the strength to go themselves to the gas chambers.

MR. COUNSELLOR SMIRNOV: Perhaps, Witness, you can describe this

“Lazarett” to the Tribunal?

RAJZMAN: This was part of a square which was closed in with a wooden

fence. All women, aged persons, and sick children were driven there. At

the gates of this “Lazarett,” there was a large Red Cross flag. Menz,

who specialized in the murder of all persons brought to this “Lazarett,”

would not let anybody else do this job. There might have been hundreds

of persons who wanted to see and know what was in store for them, but he

insisted on carrying out this work by himself.

Here is just one example of what was the fate of the children there. A

10-year-old girl was brought to this building from the train with her

2-year-old sister. When the elder girl saw that Menz had taken out a

revolver to shoot her 2-year-old sister, she threw herself upon him,

crying out, and asking why he wanted to kill her. He did not kill the

little sister; he threw her alive into the oven and then killed the

elder sister.

Another example: They brought an aged woman with her daughter to this

building. The latter was in the last stage of pregnancy. She was brought

to the “Lazarett,” was put on a grass plot, and several Germans came to

watch the delivery. This spectacle lasted 2 hours. When the child was

born, Menz asked the grandmother—that is the mother of this woman—whom

she preferred to see killed first. The grandmother begged to be killed.

But, of course, they did the opposite; the newborn baby was killed

first, then the child’s mother, and finally the grandmother.

MR. COUNSELLOR SMIRNOV: Please tell us, Witness, does the name Kurt

Franz mean anything to you?

RAJZMAN: This man was deputy of the camp commander, Stengel, the biggest

murderer in the camp. Kurt Franz was known for having published in

January 1943, a report to the effect that a million Jews had been killed

in Treblinka—a report which had procured for him a promotion from the

rank of Sturmbannführer to that of Obersturmbannführer.

MR. COUNSELLOR SMIRNOV: Witness, will you please tell how Kurt Franz

killed a woman who claimed to be the sister of Sigmund Freud. Do you

remember this incident?

RAJZMAN: A train arrived from Vienna. I was standing on the platform

when the passengers left the cars. An elderly woman came up to Kurt

Franz, took out a document, and said that she was the sister of Sigmund

Freud. She begged him to give her light work in an office. Franz read

this document through very seriously and said that there must be a

mistake here; he led her up to the train schedule and said that in 2

hours a train would leave again for Vienna. She should leave all her

documents and valuables and then go to a bathhouse; after the bath she

would have her documents and a ticket to Vienna. Of course, the woman

went to the bathhouse and never returned.

MR. COUNSELLOR SMIRNOV: Please tell us, Witness, why was it that you

yourself remained alive in Treblinka?

RAJZMAN: I was already quite undressed, and had to pass through this

Himmelfahrtstrasse to the gas chambers. Some 8,000 Jews had arrived with

my transport from Warsaw. At the last minute before we moved toward the

street an engineer, Galevski, an old friend of mine, whom I had known in

Warsaw for many years, caught sight of me. He was overseer of workers

among the Jews. He told me that I should turn back from the street; and

as they needed an interpreter for Hebrew, French, Russian, Polish, and

German, he managed to obtain permission to liberate me.

MR. COUNSELLOR SMIRNOV: You were therefore a member of the labor unit of

the camp?

RAJZMAN: At first my work was to load the clothes of the murdered

persons on the trains. When I had been in the camp 2 days, my mother, my

sister, and two brothers were brought to the camp from the town of

Vinegrova. I had to watch them being led away to the gas chambers.

Several days later, when I was loading clothes on the freight cars, my

comrades found my wife’s documents and a photograph of my wife and

child. That is all I have left of my family, only a photograph.

MR. COUNSELLOR SMIRNOV: Tell us, Witness, how many persons were brought

daily to the Treblinka Camp?

RAJZMAN: Between July and December 1942 an average of 3 transports of 60

cars each arrived every day. In 1943 the transports arrived more rarely.

MR. COUNSELLOR SMIRNOV: Tell us, Witness, how many persons were

exterminated in the camp, on an average, daily?

RAJZMAN: On an average, I believe they killed in Treblinka from ten to

twelve thousand persons daily.

MR. COUNSELLOR SMIRNOV: In how many gas chambers did the killings take

place?

RAJZMAN? At first there were only 3 gas chambers, but then they built 10

more chambers. It was planned to increase this number to 25.

MR. COUNSELLOR SMIRNOV: But how do you know that? Why do you say,

Witness, that they planned to increase the number of gas chambers to 25?

RAJZMAN: Because all the building material had been brought and put in

the square. I asked, “Why? There are no more Jews.” They said, “After

you there will be others, and there is still a big job to do.”

MR. COUNSELLOR SMIRNOV: What was the other name of Treblinka?

RAJZMAN: When Treblinka became very well known, they hung up a huge sign

with the inscription “Obermaidanek.”

MR. COUNSELLOR SMIRNOV: What do you mean by “very well known”?

RAJZMAN: I mean that the persons who arrived in transports soon found

out that it was not a fashionable station, but that it was a place of

death.

MR. COUNSELLOR SMIRNOV: Tell us, Witness, why was this make-believe

station built?

RAJZMAN: It was done for the sole reason that the people on leaving the

trains should not be nervous, should undress calmly, and that there

should not be any incidents.

MR. COUNSELLOR SMIRNOV: If I understand you correctly, this criminal

device had only one purpose—a psychological purpose of reassuring the

doomed during the first moments.

RAJZMAN: Yes, exclusively this psychological purpose.

MR. COUNSELLOR SMIRNOV: I have no further questions to ask this witness.

THE PRESIDENT: Does any of the other chief prosecutors wish to ask any

questions?

[_There was no response._]

Do the defendants’ counsel wish to ask any questions?

[_There was no response._]

Then the witness can retire.

[_The witness left the stand._]

MR. COUNSELLOR SMIRNOV: I should like to submit to the Tribunal a very

short excerpt from a document which is submitted as an appendix to the

Polish Government report. I mean an affidavit. . .

THE PRESIDENT: Colonel Smirnov, have you got any more witnesses?

MR. COUNSELLOR SMIRNOV: Yes, I still have a request to call one more

witness on the last count of my statement. In connection with the

presentation of evidence on this last count I would request the

Tribunal’s permission to summon as witness the Archdeacon of Leningrad

Churches and Rector of the Leningrad Seminary, the Permanent Dean of

Nikolai Bogoiavlensky Cathedral in Leningrad, Nikolai Lomakin.

THE PRESIDENT: Very well, and you will be able to include his evidence

today and conclude your statement; is that right?

MR. COUNSELLOR SMIRNOV: Yes, Mr. President. I should like to read

another short excerpt from this report of the Polish examining

magistrate, which I have submitted to the Tribunal (Document Number

USSR-340). I shall read only that excerpt which demonstrates the scale

of the crimes. The number of victims murdered at the Treblinka Camp,

according to the Polish magistrate’s estimate, is about 781,000 persons.

At the same time he mentions that the witnesses interrogated by him

testified to the fact that when the clothes of the internees were sorted

out, they even found British passports and diplomas of Cambridge

University. This means that the victims of Treblinka came from every

European country.

I should like further to quote, as proof of the existence of another

secret extermination center, the depositions of Wladislav Bengash, the

district examining magistrate in the city of Lodz, made before the Chief

Commission for the Investigation of German Crimes in Poland. This

testimony is also an official appendix to the Polish Government report.

I should like to read two excerpts from this statement which would give

us an idea of the methods of extermination practiced in the village of

Helmno. The two paragraphs are on the back of Page 223 of the document

book:

“In the village of Helmno there was an abandoned mansion

surrounded by an old park—the property of the state. Nearby

. . . there was a pine forest with a nursery and dense

undergrowth. At this point the Germans built an extermination

camp. The park was closed in by a high wooden fence, and one

could not see what was going on in the park nor in the house

itself. The inhabitants of the village of Helmno were all

evacuated.”

I interrupt the quotation and pass on to Page 226 of the document book,

first paragraph. I quote:

“The whole organization set up for the extermination of people

was so cunningly devised and carried out that right up to the

last moment the next transport of doomed persons could not guess

the fate of the group which had preceded them. The departure of

transports—consisting of 1,000 to 2,000 persons—from the

village of Sawadki to the extermination camp and the

extermination of the arrivals lasted until 2 o’clock.

“The cars loaded with Jews arrived in the camp and stopped

before the mansion. A representative of the Sonderkommando made

a short speech to the new arrivals. He assured them that they

were going to work in the East. He promised them just treatment

by the authorities and adequate food and, at the same time,

instructed them to take a bath before leaving, while their

clothing was disinfected. From the courtyard the Jews were then

brought to a big warm room on the second floor of the mansion.

There they had to undress, and, clad in underclothes only, they

went downstairs, passed through a corridor with signs such as

‘To the medical officer’ and ‘To the bath’ on the walls. The

arrow which showed the way ‘To the bath’ pointed toward the

exit. The Germans told the Jews who came out into the yard that

they would go to the bath in a closed car; and, true enough, a

large car was brought up to this door so that the Jews coming

out of the house found themselves on a ladder leading straight

inside the car. The loading of the Jews into the car lasted a

very short time. Police were on guard in the corridor and near

the car. With blows and shouts they forced the Jews to enter the

car, stunning them, so that they could not attempt any

resistance. When all the Jews were piled inside the car, the

doors were carefully locked, and the chauffeur switched on the

motor, so that those in the car were poisoned by the exhaust

gas.”

I consider it unnecessary to quote that part of the report which

testifies that the car in question was the “murder van” already well

known to the Court.

I will just quote one sentence from Page 10 of this document, Paragraph

3:

“Thus, at least 340,000 men, women, and children, from newborn

babies to aged persons, were exterminated in Helmno.”

I believe that I can end here that part of my statement which concerns

the secret exterminating centers. And now I pass on to the part of my

statement dealing with religious persecutions.

In the Soviet Union as well as in the occupied countries of Eastern

Europe, the German fascist criminals brought shame upon themselves by

their mockery of the religious feelings and faith of the people, by

persecuting and murdering the priesthood of all religious creeds. In

proof of this I shall read a few excerpts from the pertinent reports of

the various governments.

On Page 70 of the Russian text, which corresponds to Page 80 of the

document book, we find the description of the persecution of the Czech

Orthodox Church by the German fascist criminals. I quote only one

paragraph:

“The hardest blow was directed against the Czech Orthodox

Church. The Orthodox parishes in Czechoslovakia were ordered by

the Berlin Ministry for Church Affairs to leave the jurisdiction

of Belgrade and Constantinople dioceses and to become

subordinate to the Berlin bishop. The Czech Bishop Gorazd was

executed together with two other priests of the Orthodox Church.

By a special order of the Protector Daluege, issued in September

1942, the Orthodox Church of Serbian-Constantinople jurisdiction

was dissolved on Czech territory, its religious activity

forbidden, and its property confiscated.”

On Page 69 of the same report, which corresponds to Page 79 of the

document book, in the last paragraph, there is a description of the

persecutions of the Czech National Church, which was persecuted by the

German fascists, according to the report, “Just because of its name,

because of its sympathy for the Hus movement, the democratic

constitution, and because of the role it played in founding the Czech

Republic.” The Czech national church in Slovakia was prohibited and its

property confiscated by the Germans in 1940.

The Protestant church in Czechoslovakia was also persecuted. The excerpt

which I would like to read may be found on Page 80 of the document book,

Paragraph 2:

“The Protestant churches were deprived of the freedom to preach

the Gospel. The German Secret State Police watched carefully to

see that the clergy observed the restrictions imposed on it.

Nazi censorship went so far as to prohibit the singing of hymns

which praised God for liberating the nation from the enemy. Some

passages from the Bible were not allowed to be read in public at

all. The Nazis strongly opposed the promulgation of certain

Christian doctrines, especially those which proclaimed the

equality of all men before God, the universal character of

Christ’s Church, the Hebraic origins of the Gospel, et cetera.

Any reference to Hus, Ziska, the Hussites, and their

achievements, as well as to Masaryk and his doctrines, were

strictly forbidden. Even religious text books were confiscated.

Church leaders were especially persecuted. Scores of ministers

were thrown into concentration camps, among them the general

secretary of the Christian Student Movement in Czechoslovakia.

One of the assistants of their president was executed.”

On Page 68 of this report we find information as to the persecution of

the Catholic Church in Czechoslovakia. This excerpt is on Page 79 of the

document book, second paragraph. I quote a short excerpt:

“In the territory annexed to Germany after the Munich Pact a

number of Czech priests were robbed of their property and

expelled. . . . Pilgrimages to national shrines were prohibited

in 1939.

“At the outbreak of the war 437 Catholic priests were among the

thousands of Czech patriots arrested and sent to concentration

camps as hostages. Venerable church dignitaries were dragged to

concentration camps in Germany. It was a common thing to see on

the road near the concentration camps a priest, dressed in rags,

exhausted, pulling a cart, and behind him a youth in the SS

uniform, whip in hand.”

The believers and clergy in Poland also suffered most ruthless

persecution. I quote short excerpts from the Polish Government report,

which the members of the Tribunal will find on Page 10 of the document

book:

“By January 1941 about 700 priests were killed; 3,000 were in

prisons or in concentration camps.”

The persecution of the clergy began immediately after the capture of

Polish territory by the Germans, according to Page 42 of the Polish

report:

“The day after the occupation of Warsaw the Germans arrested

some 330 priests. . . . In Kraków the closest collaborators of

Archbishop Sapieha were arrested and sent to Germany. The

Reverend Canon Czeplicki, 75 years of age, and his assistant

were executed in November 1939.”

The report of the Polish Government quotes the following words of

Cardinal Hlond:

“The clergy were persecuted very violently. Those who were

permitted to stay were subjected to humiliation, were paralyzed

in the exercise of their pastoral duties and were stripped of

parochial benefices and of all their rights. They were entirely

at the mercy of the Gestapo. . . . It is like the Apocalyptic

vision of the _Fides Depopulata_.”

On the territory of the Soviet Union the persecution of religion and

clergy took the form of sacrilegious desecration of churches,

destruction of shrines connected with the patriotic feelings of the

Russian people, and the murder of priests.

I beg the Tribunal to call the witness of the Soviet Prosecution, the

Archdean of the churches of the City of Leningrad, the Very Reverend

Nikolai Ivanovitch Lomakin.

[_The witness Lomakin took the stand._]

THE PRESIDENT: Would you tell me your name?

THE VERY REVEREND NIKOLAI IVANOVITCH LOMAKIN (Witness): Nikolai

Ivanovitch Lomakin.

THE PRESIDENT: Is it the practice for you to take an oath before giving

evidence or not?

LOMAKIN: I am an Orthodox priest.

THE PRESIDENT: Will you take the oath?

LOMAKIN: I belong to the Orthodox Church, and when I entered the

priesthood in 1917 I took the oath to tell the truth all my life. This

oath I remember even to the present day.

THE PRESIDENT: Very well. You can sit, if you wish.

MR. COUNSELLOR SMIRNOV: Please tell us, Witness, are you the Archdean of

the Churches of the City of Leningrad? Does that mean that all the

churches in that city are subordinate to you?

LOMAKIN: Yes, all the churches are directly subordinate to me. I am

obliged to visit them periodically to inspect their condition and the

life of the parish. I must then make my report to His Grace the

Metropolitan.

MR. COUNSELLOR SMIRNOV: The churches of the Leningrad region were also

under your authority?

LOMAKIN: They are not subordinated to me at the present time, but during

the siege of Leningrad by the Germans and the occupation of the

Leningrad region they were under my authority.

MR. COUNSELLOR SMIRNOV: After the liberation of the Leningrad region

from the German occupation, were you obliged to visit and inspect the

churches throughout the region on the request of the Patriarch?

LOMAKIN: Not by request of the Patriarch, but by request of the

Metropolitan Alexei, who was then at the head of the Leningrad Eparchy.

MR. COUNSELLOR SMIRNOV: Please speak more slowly.

LOMAKIN: Not by request of Patriarch Alexei—the Patriarch was then

Sergei—but by request of Metropolitan Alexei, who administered the

Eparchy and later became Patriarch of Moscow and all Russia.

MR. COUNSELLOR SMIRNOV: Please tell us, Witness, where were you during

the siege of Leningrad?

LOMAKIN: I was all the time in Leningrad.

MR. COUNSELLOR SMIRNOV: If I am not mistaken, you were decorated with

the medal “For the Defense of Leningrad”?

LOMAKIN: Yes, on my birthday I was awarded this high government medal

for my participation in the heroic defense of Leningrad.

MR. COUNSELLOR SMIRNOV: Tell us, Witness, at the beginning of the siege

of Leningrad, at which church did you officiate?

LOMAKIN: At the beginning of the siege I was in charge of the

Georgievsky Cemetery—I was rector of the church of the cemetery of St.

Nicholas.

MR. COUNSELLOR SMIRNOV: It was, therefore, a cemetery church?

LOMAKIN: Yes.

MR. COUNSELLOR SMIRNOV: Maybe you will be able to relate to the Tribunal

the observations you made during your office in this church?

LOMAKIN: Yes, of course.

MR. COUNSELLOR SMIRNOV: Will you please.

LOMAKIN: In 1941 and at the beginning of 1942 I was rector of the

cemetery church, and I witnessed certain tragic scenes which I should

like to relate in detail to the Tribunal.

A few days after the treacherous attack on the Soviet Union by Hitlerite

Germany I witnessed the rapid increase of masses for the dead. The dead

were mostly children, women, and old people—victims of the air raids on

the city by German planes—peaceful citizens of our town. Before the war

the number of dead varied from 30 to 50 persons a day, but during the

war this number rose quickly to several hundred a day. It was physically

impossible to bring the bodies inside the church. Long rows of boxes and

coffins with remnants of the victims stood outside the church; the

horribly mutilated bodies of Leningrad’s peaceful citizens—victims of

barbarous air raids of the German planes.

Side by side with the increasing number of funeral masses for the

deceased, there grew up the practice of saying the so-called requiems in

absence. The faithful could not bring to the church the bodies of their

relatives or friends, as they lay buried under the ruins and the debris

of the houses destroyed by the Germans. The church was each day

surrounded by masses of coffins—100, 200 coffins—over which one priest

used to sing a funeral service.

Forgive me—it is difficult for me to speak of all this, for as the

Tribunal already knows, I lived through the whole siege. I, myself, was

dying of hunger. I saw the terrible, uninterrupted air raids of the

German planes. I was hurt several times.

In the winter of 1941-42 the situation of besieged Leningrad was

particularly terrible. The ceaseless air raids of the Luftwaffe, the

shelling of the city, the lack of light, of water, of transportation, of

sewerage in the city, and finally the terrible starvation—from all

this, the peaceful citizens of the town suffered privations unique in

the history of mankind. They were indeed heroes, who suffered for their

country, these innocent, peaceful citizens.

Together with all that I have just told you, I could describe other

terrible scenes which I witnessed during the period when I was the

rector of this cemetery church. The cemetery was very often bombed by

German planes. Please imagine the scene when people who have found

eternal rest—their coffins, bodies, bones, skulls—all this is thrown

out on the ground. Tombstones and crosses lay scattered in disorder, and

people who had just suffered the loss of their kin, had to suffer once

more seeing the huge craters made by bombs sometimes on the very spot

where they had just buried their relatives or friends, had to suffer

once more, knowing that they had no peace.

MR. COUNSELLOR SMIRNOV: Tell us, Witness, during the period of hunger,

in what proportion did the number of burial services at this cemetery

church increase?

LOMAKIN: I have already said that as a result of the terrible conditions

imposed by the siege, as a result of the nonstop air raids, as a result

of the shelling of the city, the number of burial services reached an

incredible figure—up to several thousand a day. I would especially like

to relate to the Tribunal the facts which I observed on 7 February 1942.

A month earlier, quite exhausted by hunger and the long walk from my

house which I had to the church every day, I fell ill. Two of my

assistant priests replaced me.

On 7 February, on the Parents’ Saturday before the beginning of Lent I

came for the first time since my illness to my church. A horrifying

picture was before my eyes. The church was surrounded by piles of

bodies, some of which even blocked the entrance. These piles numbered

from 30 to 100 bodies. They were not only at the church door, but also

around the church. I witnessed people, exhausted from starvation, who,

in their desire to bring the bodies of their relatives to the cemetery,

would fall down themselves and die on the spot beside the body. Such

scenes I witnessed quite frequently.

MR. COUNSELLOR SMIRNOV: Witness, will you please answer the following

question: What damage was done to the Leningrad churches?

LOMAKIN: Your Honors, as I have already reported to you, my duty as

Archdean of these churches was to observe from time to time the

condition of the churches in the city and to report in detail to the

metropolitan. The following were my personal observations and

impressions:

The Church of the Resurrection on Griboiedov Canal, which is a very

remarkable artistic church, was very seriously damaged by shelling from

the German enemy. The domes were destroyed, the roofs pierced by shells,

numerous frescos were either partly damaged or entirely destroyed. The

Holy Trinity Cathedral in the Ismailovskaya Fortress, a memorial

ornamented by beautiful artistic friezes commemorating the heroic siege

of Izmailovskaya Fortress, was severely damaged by systematic shelling

and bombing by the Germans. The roof was broken in. All the sculpture

was broken; only a few fragments remained.

MR. COUNSELLOR SMIRNOV: Tell us, Witness, how many churches were

destroyed and how many were severely damaged in Leningrad?

LOMAKIN: The Church of the Serafimov Cemetery was almost completely

destroyed by artillery fire; this church was not only hit by shells, but

great damage was caused to it by air raids. The Luftwaffe caused great

damage to churches. I must first of all mention two churches which

suffered most from the Leningrad siege. To begin with, the Church of

Prince Vladimir, where, by the way, I have the honor of officiating at

the present time. In 1942 from February until the first of July, I was

rector of this church; and I should like to acquaint Your Honors with

the following very interesting but terrible incident which occurred on

Easter Eve of 1942.

On Easter Saturday, at 5 p. m. Moscow time, the Luftwaffe carried out a

mass raid over the city. At 5:30 two bombs fell on the southwestern part

of the Church of Prince Vladimir. The faithful were at that moment

waiting to approach the picture of our Lord’s interment. There was an

enormous mass of faithful, who wished to fulfill their Christian duty. I

saw some 30 persons lying wounded in the portico and in different places

about the church. They lay helpless for some time, until we could give

them medical aid.

It was a scene of utter confusion. People who had had no time to enter

the church tried to run away and hide in the air-raid ditches, while the

others who had entered scattered in terror against the walls of the

church, awaiting death. The concussion of the bombs was so heavy that

for some period of time there was a constant fall of shattered glass,

mortar, and pieces of stucco. When I came down from a room on the second

floor, I was quite astounded by the scene before me. People flocked

around me:

“Little father, are you alive? Little father, how can we

understand this? How can we believe what was said about the

Germans—that they believe in God, that they love Christ, that

they will not harm those who believe in God? Where is their

faith then, if they can shoot about like this on Easter eve?”

I must add that the air-raid lasted right through the night until Easter

morning; this night of love, this night of Christian joy, the

Resurrection Night, was turned by the Germans into a night of blood, a

night of destruction, and a night of suffering for innocent people. Two

or three days passed. In the Church of Prince Vladimir—it was obvious

to me, as rector—and in other churches and cemeteries the victims of

the Luftwaffe Easter raid appeared: women, children, and aged. . .

MR. COUNSELLOR SMIRNOV: Tell us, Witness, you also visited the Leningrad

region to verify the condition of the churches. Were you not a witness

to. . .

THE PRESIDENT: Colonel Smirnov, if your examination is going on, I think

perhaps we’d better adjourn now for 10 minutes.

[_A recess was taken._]

THE PRESIDENT: Dr. Nelte, can you let the Tribunal know what your wishes

are about General Westhoff and Wielen?

DR. NELTE: In reply to the suggestion by the Court, as to calling the

witnesses Westhoff and Wielen, I should like to make the following

statement after discussion with my colleagues:

First, we abstain from calling both witnesses at this stage of the

proceedings provided that the Prosecution also abstains at present from

reading out Documents RF-1450 and USSR-413 at this stage of the Trial.

Second, I call General Westhoff as witness; and I gather, from the

Court’s suggestion, that this witness has been allowed.

THE PRESIDENT: Yes, certainly.

Mr. Roberts, could Sir David attend here in the course of a short time,

do you think?

MR. ROBERTS: He is at the Chief Prosecutors’ meeting now, but I can get

him in a few moments if there is a question which I couldn’t answer on

his behalf.

THE PRESIDENT: Well, I think perhaps it will be best if he were here. It

is only a question, really, as to whether the document should be read.

MR. ROBERTS: Well, I am told the meeting has just ended. I didn’t quite

get what Your Lordship said.

THE PRESIDENT: I said that the question was whether the document is to

be read by the Prosecution. Dr. Nelte, as I understand it, was

suggesting that perhaps the Prosecution would forego their right to read

the document.

MR. ROBERTS: My Lord, speaking for myself, I feel quite certain that so

far as the British Delegation is concerned we should not forego reading

that document. We do put it forward, or our Russian colleagues put it

forward, as a very cold-blooded murder of brave men; and we are most

anxious that the document should be read.

THE PRESIDENT: Yes.

DR. NELTE: Mr. President, I have not made it a condition that the

documents should not be submitted at all, but only at this stage of the

proceedings.

THE PRESIDENT: Yes, but you see, the Prosecution want it read as part of

the Prosecution case. If it is postponed until your case begins, it will

not be read as part of the Prosecution case.

DR. NELTE: I think that the Prosecution, when cross-examining the

witness, could present the documents they want to submit now.

THE PRESIDENT: Well, we can’t get Wielen over here tomorrow, and the

case of the Prosecution, we hope, will close tomorrow.

DR. NELTE: Yes, Mr. President.

THE PRESIDENT: Therefore, the document must be read tomorrow. We will

then get General Westhoff and Wielen over for you at any time that is

convenient to you.

DR. NELTE: I think the Prosecution has reserved the right to adduce, at

any time during the proceedings, other charges and documents. This

follows from the Indictment. It therefore seems to me that the

Prosecution, without prejudice to its case, could postpone the

presentation of this charge until I have examined the witness.

GENERAL RUDENKO: I should like to add something to what my colleague,

Mr. Roberts, has said. The point is that the document presented to the

Tribunal was put at our disposal by the British Delegation and was

submitted by us in accordance with Article 21 of the Charter. This

document, being an irrefutable proof, can be read into the record or

not, in accordance with the decision of the Tribunal of 17 December

1945.

If the Defense, as Sir David already stated this morning, intends to

oppose this document by summoning witnesses, it is their right. This is

what I wanted to add to Mr. Roberts’ statement.

MR. ROBERTS: Perhaps Your Lordship would allow me to add one thing. The

Tribunal has ruled that this document is admissible, and it has been

admitted, as I understand; and therefore, I would submit that it ought

to be read as part of the Prosecution case, or perhaps it might be

equally convenient after the discussion on organizations.

THE PRESIDENT: Well, yes, I see that Sir David has just come into court.

Sir David, I think the view the Tribunal take is that it is a matter for

the Prosecution to decide when they put in this document; and if they

wish to put it in now, or as Mr. Roberts suggested, after the argument

on organizations, they are at liberty to do so. Then these witnesses can

be called at a later stage when the defendants’ counsel wish them to be

called.

SIR DAVID MAXWELL-FYFE: My Lord, I entirely agree with what I am told

Mr. Roberts has put forward. We consider that this document ought to be

put in as part of the case for the Prosecution. If it will be of any

assistance to counsel for the defendants, I shall be glad to take up the

matter of the time that shall be fixed, after the organizations; but the

reading of the document certainly should be part of the Prosecution’s

case.

THE PRESIDENT: The document may be read, then, at the end of the

Prosecution’s case.

SIR DAVID MAXWELL-FYFE: Yes.

May I apologize to the Tribunal for being absent. There was other

business, connected with the Trial, in which I was engaged.

THE PRESIDENT: Certainly.

Then, Dr. Nelte, the Tribunal would like you to let us know when you

wish those witnesses called, so that we can communicate with London in

order that the witness, Wielen, may be brought over here.

DR. NELTE: As to when exactly during my presentation the witnesses

should appear I cannot say, for I cannot say when the stage for the

presentation of my witnesses will be reached. I think the Court is in a

better position to judge when it will be my turn for the presentation of

evidence. In the course of the examination of those witnesses who will

be granted to me, I shall also question this witness.

THE PRESIDENT: Dr. Nelte, you see these witnesses not only affect your

client, but they affect the Defendant Göring and the Defendant

Kaltenbrunner; and therefore, what the Tribunal wish is that you, in

consultation with Dr. Stahmer and counsel for Kaltenbrunner, should let

the Tribunal know what would be the most appropriate time for those two

witnesses to be called, so that time may be given for summoning Wielen

here and letting the prison authorities know about Westhoff.

DR. NELTE: We spoke about that and have agreed that the witnesses be

called during my presentation.

I just understand from Sir David that we are all agreed that the

documents be presented after the case against the organizations.

THE PRESIDENT: Yes.

MR. COUNSELLOR SMIRNOV: May I continue my questioning, Mr. President?

THE PRESIDENT: Continue, yes.

MR. COUNSELLOR SMIRNOV: I have one last question to put to you, Witness.

Tell me, when you left the city to go into the country to inspect the

churches, did you sometimes witness instances of derision of religion

and desecration of churches?

LOMAKIN: Yes, I did.

MR. COUNSELLOR SMIRNOV: Would you be kind enough to relate this to the

Tribunal?

LOMAKIN: In June 1943, by order of Metropolitan Alexei, I went to visit

the district of Old Peterhof and Oranienbaum. From personal observations

and from my conversations with the members of the church I learned the

following, which I know to be true, and which was all corroborated later

on when New Peterhof was freed from the German occupation. All that I

shall now relate may be verified by inspection.

In Old Peterhof soon after the Germans occupied New Peterhof, exactly

within 10 days, all churches were destroyed by the enemy’s artillery

fire and aircraft. At the same time the Luftwaffe and German artillery

forces timed their raids so that not only would the churches be

demolished, but the peaceful worshipers who sought refuge there from the

fighting and the artillery fire would be killed as well.

All the churches in Old Peterhof, namely the Znamenskaya Church, the

Holy Trinity Cemetery Church, and the small Church of Lazarus attached

to it, the church museum at the Villa of Empress Maria Feodorovna, the

Serafimovskij Church and the church of the military cemetery—all these

were destroyed by the Germans. I can state with certainty that under the

ruins of the Cemetery Church of the Holy Trinity and the Lazarus Church,

in their crypts, as well as in the cemetery tombs and vaults of the

Znamenskaya Church, up to 5,000 persons perished.

The Germans wouldn’t let the survivors come outside. It is easy to

picture the sanitary conditions and the general state of the people

confined in those church crypts—air fouled by the breathing and

excrements of these unfortunate people, frightened to death. They

fainted, they grew dizzy, but their slightest attempt to leave the

church and come out into fresh air was punished by shots from the

inhuman fascists.

Much time has already passed since that time, but I remember especially

well one instance which a close relative of the people about whom I am

now going to speak related to me. A little girl came out of the crypt of

Trinity Church for a breath of fresh air; she was immediately shot by a

German sniper. The mother followed in order to pick her up, but she also

fell down bleeding at the side of her child. The citizen Romashova, who

related this to me, is still alive, and I have seen her many times—she

recalls this incident with horror. And many were the incidents of that

kind.

MR. COUNSELLOR SMIRNOV: Tell me, Witness, in the other districts of the

Leningrad region did you ever witness the desecration of shrines and

sacred objects?

LOMAKIN: Yes, for example in Pskov. Pskov presented a horrible picture

of ruins and devastation. I feel that I must recall to Your Honors that

Pskov is a museum city, a shrine of the Orthodox faith, ornamented by

numerous churches, and situated on the Velikaya River and its

tributaries.

In that city, there were no less then 60 churches of various sizes and

various denominations. Of these 39 were not only priceless monuments of

church architecture of high artistic value, with beautiful icons and

frescos, but also wonderful historical monuments, reflecting all the

greatness and century-old multiform history of the Russian people. The

Kremlin (walled city)—the Cathedral of the Holy Trinity. . .

MR. COUNSELLOR SMIRNOV: Well, what did the Germans do to those churches?

LOMAKIN: That is just what I want to relate. The Kremlin—the whole Holy

Trinity Cathedral, with its remarkable altar screen, was plundered by

the German soldiers. Everything was carried out of it as well as out of

all the other churches in the city. You won’t find even a single tiny

icon left, not a single church vestment or sacramental vessel—all has

been taken away by the Germans. The Cathedral of the Holy Trinity—I

speak again of this Cathedral. I almost paid with my life for my visit

there. Just half an hour before my arrival a mine exploded right in

front of the altar gates. The gates were destroyed; the altar was

blood-spattered. Before my own eyes I saw three of our Soviet soldiers

who had perished in the explosion, right in front of the altar.

Mines were also laid in other places. I could give another interesting

detail. Pskov was liberated in August 1944, but on Epiphany, in January

1946, another mine exploded, killing two persons. Likewise the church of

St. Vasili-on-the-Hill was also mined. There a mine was laid at the very

entrance to the church. In all the churches the abundance of all kinds

of refuse, dirt, bottles, cans, _et cetera_, was strikingly noticeable.

The Cathedral of St. John’s Monastery was turned by the Germans into a

stable. In another church, the Church of the Epiphany, they set up a

wine cellar. In a third church I saw a depot of fuel—coal, peat, _et

cetera_. But why speak of individual churches? Wherever we turn, our

hearts bleed at the spectacle of all the suffering, all the plunder,

brought about by people who shouted all over Europe about their culture,

who despised mankind, while some proclaimed their belief in God. What

kind of faith is theirs!

MR. COUNSELLOR SMIRNOV: Mr. President, I have no more questions to ask

the witness.

LOMAKIN: I should like to ask the Prosecutor’s permission to say a few

more words about what happened in Leningrad.

MR. COUNSELLOR SMIRNOV: With regard to that, you must ask the Tribunal.

LOMAKIN: I am slightly diverging from the usual order. I beg your

permission, Your Honors.

THE PRESIDENT: Very well.

LOMAKIN: The Church of Nikolai Bogoiavlensky is the Cathedral of

Leningrad. The present Patriarch Alexei lived at this church during the

siege. Since I served there from July 1942 to the end of the war, I

witnessed on numerous occasions artillery fire directed at the

cathedral. One wonders what kind of military objectives those heroic

warriors could seek in our holy church! On high feast days or ordinary

Sundays immediately the artillery would begin fire. And what a fire! In

the first week of Lent in 1943, from the early morning and until late at

night, neither we, the clergy, nor the worshipers praying in the church

could possibly leave it. Outside was death and destruction. With my own

eyes I saw some fifty persons—I don’t know exactly how many—members of

my congregation, killed right near the church. They tried to leave in

haste before the “all clear” signal, and death met them near the church.

In this sacred cathedral I had to bury thousands of peaceful citizens

torn to pieces, victims of the predatory raids of the air force and

artillery. An ocean of tears was shed here during the memorial services.

During one of the bombardments His Grace, our Metropolitan Alexei,

escaped death by a hair’s breadth, as several shell fragments smashed

his cell.

I should just like to add, not wishing to take up too much of your time,

that it is a remarkable thing that most of the intensive artillery fire

on Leningrad always took place on feast days; the houses of God, tramway

stops, and hospitals were put under fire, and destroyed with all means.

The homes of peaceful citizens were bombed.

It would take too long, Your Honors, to relate everything which I have

seen during these grim war days of blood and sorrow of the

Leningradians. But I just want to say in conclusion that the Russian

people and the people of Leningrad have fulfilled their duty to their

fatherland to the very end. In spite of the heavy artillery fire and

raids of the Luftwaffe there was organized efficiency and order, and the

Orthodox Church shared this suffering. By prayer and preaching of God’s

word, she brought consolation and gave courage to the hearts of the

faithful. She has laid an unsparing sacrifice on the altar of the

fatherland.

MR. COUNSELLOR SMIRNOV: I have no more questions to ask the witness, Mr.

President.

THE PRESIDENT: Do any of the other members of the Prosecution wish to

ask any question?

[_Each indicated that he had no question._]

Do any of the defendants’ counsel wish to ask any questions?

[_Each indicated that he had no question._]

Then the witness can retire.

[_The witness left the stand._]

MR. COUNSELLOR SMIRNOV: May I say a few words by way of concluding my

report?

THE PRESIDENT: You may, certainly.

MR. COUNSELLOR SMIRNOV: Your Honors, in his note of 6 January 1942 the

People’s Commissar for Foreign Affairs of the U.S.S.R. declared that the

Soviet Government considered it their duty to inform the “entire

civilized world and all honest people throughout the world” of the

monstrous crimes committed by the Hitlerite bandits.

In the battles of this war, the greatest ever fought by men, millions of

honest people achieved victory over fascist Germany. The will of

millions of honest people created this International Tribunal for the

purpose of judging the main criminals of war. Behind him each

representative of the Prosecution feels the invisible support of these

millions of honest people, in whose name he accuses the leaders of the

fascist conspiracy.

The honor of concluding the presentation of the evidence submitted by

the Soviet Prosecution has fallen to my lot. I know that at this very

moment millions of citizens of my country and with them millions of

honest persons throughout the world await a just and speedy verdict.

Your Honors, may I conclude with this.

MR. DODD: May it please the Tribunal, I have a few matters that will

take just a very few minutes, with respect to the record.

In the course of the presentation of the 23rd day of November 1945,

pertaining to the economic aspects of the conspiracy, certain documents

were read from; but they were not formally offered in evidence. At the

time, the Tribunal indicated that sufficient time had not been allowed

Counsel for the Defense to make an examination of these documents, and

we did not offer them and said instead that we would make them available

in the defendants’ Information Center. We did so, and they have been

there all of the time since. They should be offered formally and, as the

extracts were read, there is no necessity for going through that again.

They are as follows:

The first one referred to in the record was one bearing the Document

Number EC-14, which we offer as Exhibit USA-758. Extracts from this

document were quoted on Page 297 of the record (Volume II, Page 233).

The next one is Document Number EC-27, which we offer as Exhibit Number

USA-759. Extracts from this document were quoted on Pages 279 and 280 of

the record (Volume II, Page 221).

The third one is Document Number EC-28, which we offer as Exhibit Number

USA-760. Extracts from this document were quoted on Page 275 of the

record (Volume II, Pages 218, 219). On that page the document was

erroneously referred to as USA Exhibit 23, but the correct number is

Exhibit Number USA-760.

Document Number EC-174 was quoted from on pages 303 and 304 of the

record (Volume II, Page 238). We offer that as Exhibit Number USA-761.

Document Number EC-252—extracts from it were quoted on Page 303 of the

record (Volume II, Page 238). We offer it as Exhibit Number USA-762.

Document Number EC-257—extracts from this document were quoted on Page

303 of the record (Volume II, Page 237). We offer it as Exhibit Number

USA-763.

Document Number EC-404—we summarized and quoted from this document on

Pages 291 and 292 of the record (Volume II, Page 229). We now offer it

as Exhibit Number USA-764.

Document Number D-157 was read from, on Page 288 of the record (Volume

II, Page 227), and we now offer it as Exhibit Number USA-765.

Document Number D-167 was summarized and extracts were quoted from it on

Page 298 of the record (Volume II, Page 234), and we offer it as Exhibit

Number USA-766.

Document Number D-203—extracts from it were quoted on Pages 283 to 286

of the record (Volume II, Pages 224-226), and we offer it as Exhibit

Number USA-767.

Document Number D-204, which was quoted from on Pages 286 and 287 of the

record (Volume II, Pages 226-227), is offered as Exhibit Number USA-768.

Document Number D-206—extracts from this paper were quoted on Pages 297

and 298 of the record (Volume II, Page 234), and it is offered as

Exhibit Number USA-769.

Document Number D-317—extracts were quoted from it on Pages 289 and 290

of the record (Volume II, Page 227), and we offer it as Exhibit Number

USA-770.

Now in addition to these documents, Lieutenant Bryson, who presented the

case for the Prosecution against the individual Defendant Schacht,

offered in evidence Documents EC-437 and 258 in their entirety, on the

condition that the French and Russian translations subsequently be filed

with the Tribunal. Now, EC-437 was assigned as Exhibit Number USA-624

and EC-258 was assigned as Exhibit Number USA-625, and the Tribunal

ruled on Page 2543 of the record (Volume V, Page 129) that the documents

would be received in their entirety only after the translations had been

completed. Copies of these documents in all four languages have been

filed with the Tribunal and in the defendants’ Information Center, and

that was done a few weeks ago and in accordance therefore with the

ruling of the Tribunal. We now offer these documents in evidence in

their entirety, and we assume that they will retain the numbers Exhibit

Number USA-624 and Exhibit Number USA-625.

Also in the trial brief on the individual responsibility of the

Defendant Schacht, which was recently submitted to the Tribunal and to

the defendants’ counsel, reference is made to a few documents which have

not already, or heretofore, been offered in evidence. I think there is

no necessity for taking the time of the Tribunal to read from these

documents, and instead we have had pertinent extracts made available in

German, French, Russian, and English; copies in all the four languages

have already been distributed to the Tribunal and placed in the

defendants’ Information Center. They are these documents, and we ask

that they be received in evidence:

They are: Document Number EC-384, which we offer as Exhibit Number

USA-771; Document Number EC-406, offered as Exhibit Number USA-772;

Document Number EC-456, offered as Exhibit Number USA-773; Document

Number EC-495, offered as Exhibit Number USA-774; Document Number

EC-497, offered as Exhibit Number USA-775; and in addition an

interrogation of the Defendant Schacht, dated 11 July 1945, which is one

of those referred to in the trial brief as Exhibit Number USA-776; and,

finally, with respect to this economic aspect of this person, we

respectfully ask that the secret minutes of the meeting of the

ministers, dated 30 May 1936, which are included in the set of

documents, Number 1301-PS, and assigned Exhibit Number USA-123, be

received in evidence in their entirety. These minutes have been made

available to the Tribunal and the defendants’ counsel in all four

languages.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg 14 November 1945-1 October 1946, Volume 08 · 第 106 / 127 题