Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
The indictment takes as the first phase his activity as
Oberstaatsanwalt and Ministerial Councilor in the Reich Ministry of
Justice. The two charges specially raised against him in this field
are concerned with the so-called “more severe interrogations” through
organs of the Gestapo and with the fact that he was the Ministry’s
chief of liaison with the SA. I shall prove that it was not the duty of
the defendant to suggest in certain cases “more severe interrogations,”
in other words, maltreatment of prisoners by the Gestapo. It was,
on the contrary, his duty to prosecute such cases through criminal
proceedings, since also the Gestapo and its organs were prohibited from
ill-treating prisoners. In this connection I shall be able to take the
opportunity to describe the attitude of my client by reference to the
documents which were submitted in the IMT trial. It was the defendant
Klemm who as an official in the Ministry of Justice of Saxony suggested
the strict prosecution which was made so much of both in indictment and
in the judgment given in the IMT trial of those SA men who had rendered
themselves guilty of ill-treatment of prisoners in the concentration
camp at Hohenstein in Saxony. There is no ground for the assumption
that Klemm’s attitude changed at a later date, when he worked in the
Reich Ministry of Justice.
The position of a chief of liaison between the Ministry and the SA
leaders will be described by me through reference to the documents. The
judiciary as a public authority, had the duty to inform the SA leaders
of any prosecution or condemnation of a member of the SA. It was the
purpose of such information to give the SA leaders the possibility
of removing criminal elements from their ranks. This purpose was
known to the Reich Ministry of Justice. The chief offices of both
organizations had to exchange information and experience and were
obliged to ascertain in which special cases they had to be interested.
It was necessary to appoint a special Referent for this purpose, merely
in order to simplify the handling of these matters. This post was
filled by my client Klemm, since he was simultaneously both a member of
the SA and of the Ministry of Justice. I hope, indeed, to prove with
special effect that it was absolutely opposed to Klemm’s conception of
his office as such a liaison chief to suppress criminal proceedings
against SA members or protect them against prosecution, but that on the
contrary he thought it necessary to support vigorously the interests
of justice against the SA leaders. An individual case will give me the
opportunity to demonstrate how also in this field Klemm was guided by
legal consideration alone, and this individual case will be symptomatic
of the attitude of my client.
Public-domain text, read in full here on John Shaqi.
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