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
“A Pole or a Jew sentenced by a German court is not to be
allowed in the future any legal remedy against the judgment.
Neither will he have a right of appeal or be allowed to ask
that the case be reopened. All sentences will take effect
immediately. In the future Poles and Jews will also no longer be
allowed to object to German judges on the grounds of prejudice
nor will they be able to take an oath. Coercive measures against
them are permissible under easier conditions.
* * * * * * *
“In this sphere of criminal procedure the draft clearly shows
the difference in the political status of Germans on one side
and Poles and Jews on the other.
* * * * * * *
“Criminal proceedings based on this draft will accordingly be
characterized by the greatest possible speed, together with
immediate execution of sentence and will therefore in no way
be inferior to summary court proceedings. The possibility
of applying the most severe penalties in every appropriate
case will enable the penal law administration to cooperate
energetically in the realization of the Fuehrer’s political aims
in the Eastern Territories.”
One of the amendments to this decree, on 3 December 1942 states that no
German attorney is to undertake the defense of Polish persons before
tribunals in the Incorporated Eastern Territories. This, in effect,
prevented any accused person before these courts from having defense
counsel, since Polish lawyers were prohibited from engaging in any
legal practice. That this provision was received favorably by Ministry
officials is indicated by a letter from the president of the court
of appeals in Koenigsberg addressed to the Reich Minister of Justice
shortly after this supplementary decree became effective. The judge, in
the course of his letter, says this:
“It is in the German interest to continue to prohibit the
defense of Poles by German jurists * * *.
“I see no cause to lift or even to modify the present ban
on defense of Poles by attorneys. On the contrary, the ban
placed on the principle of rendering legal assistance to Poles
by attorneys should be still further stressed and made more
extensive.”
To put to rest any fear that the ban of German attorneys would result
in a competitive hardship on them, this judge has the following to say:
“The fear that, in the future, former Polish attorneys or
counsel may be called in to act as legal advisers to Poles
and may gain influence over them (i.e., German counsel) seems
to me improbable. In the Incorporated Eastern Territories of
my district, where, although the population numbers about one
million, only three attorneys are established, it has not been
observed that former Polish attorneys or counsel are engaging in
activities connected with matters of law.
Public-domain text, read in full here on John Shaqi.
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