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
As regards the participation of the defendant von Ammon in this
department which has been allocated to him in the course of the
allocation of duties in the Ministry, the following will be dealt
with: von Ammon’s position as an expert, who was subordinated to the
subsection chief, Ministerialdirigent Mettgenberg; section chief at
first Ministerialdirektor Crohne, later Ministerialdirektor Vollmer;
Under Secretary, at first, Freisler and later Klemm; and lastly
the Minister himself. If, therefore, von Ammon only ranked fifth
in seniority, then this fact determines also his authority to sign
and his actual responsibility. All important matters required the
signature of, at least, the subsection chief, in most cases that of
the section chief. We therefore find that none of the letters from the
Reich Ministry to another office, which have been submitted by the
prosecution, were signed by von Ammon.
I shall prove that von Ammon did not participate in drawing up the
basic legal regulations. Thus, the legal argument arises whether a
person who has merely to carry out administrative tasks without thereby
causing a wrong to be done in the sense of sufficient causality by this
activity itself, bears a criminal responsibility for this.
I shall describe how the NN proceedings were carried out and shall show
that no special regulations were issued restricting the proper trial
beyond the secrecy decreed by law. As can be seen from the circular of
6 March 1943, Document NG-269, Prosecution Exhibit 319[79] submitted by
the prosecution, care was taken that the prisoners did not forego their
otherwise customary rights, as long as the purpose of this secrecy
was not endangered. I shall disprove the view of the prosecution that
persons who had obviously not committed any act of resistance, were
treated in the same way as guilty NN prisoners. I shall explain that,
on principle, the Wehrmacht authorities in the occupied territories
handed over only such cases to the legal authorities in Germany where
the evidence was materially complete, as the witness Lehmann testified
earlier. It will be proved that even where the innocence of the
prisoner was established only in Germany, there was the possibility of
being released to the occupied territories.
Evidence will be produced from the proceedings of the courts that
the NN trials were in no way conducted differently from other
trials, except for the restrictions for reasons of secrecy. It will
particularly be shown that the difficulties in procuring evidence
from the occupied territories favored the defendant insofar as he was
protected by the principle of _in dubio pro reo_, i. e., the
defendant had to be acquitted in case of doubt where the evidence in
support of the indictment was incomplete. I shall endeavor to give a
summary of the sentences given in actual practice.
In regard to the handing over of NN prisoners to the police, no
responsibility can be attached to the defendant von Ammon for
participation.
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