Fifty-Ninth Day:
Thursday, 14th February 1946
[Page 16]
[Transcription note: For an overview of the Soviet failure
to attribute the Katyn massacre to the Nazis, see
http://www.nizkor.org/ftp.cgi/places/germany/nuremberg/tusa]
I submit to the Tribunal, as a proof of this crime, official
documents of the special commission for the establishment
and the investigation of the circumstances which attended
the executions. The commission acted in accordance with a
directive of the Extraordinary State Commission. In addition
to members of the Extraordinary State Commission this
commission was composed of Acamedicians Burdenko, Alexis
Tolstoy and the Metropolitan, Nicolas; the President of the
Pan-Slavonia Committee, Lieutenant-General Gundorov; the
Chairman of the Executive Committee of the Union of the Red
Cross and Red Crescent, Kolesnikov; of the People's
Commissar for Education in the RSSFR, Academician Potemkin;
the Supreme Chief of the Medical Department of the Red Army,
General Smirnov; and the Chairman of the District Executive
Committee of Smolensk, Melnikov. The commission also
included several of the best known medico-forensic experts.
It would take too long to read into the record that precise
and detailed document which I now submit to you as Exhibit
USSR 54, and which is a result of the investigation. I will
read into the record only a few comparatively short
excerpts. On Page 2 of the document, which is Page 228 - I
beg your pardon, 223 - in your document book, we read (this
passage is marked in your file):-
On perusal of all the material at the disposal of
the Special Commission, that is, the depositions
of over 100 witnesses questioned, the data of the
medico-forensic experts, the documents and the
material evidence and belongings taken from the
graves in Katyn Forest, we can arrive at the
following definite conclusions:-
[Page 17]
3. Mass shootings of Polish prisoners of war in
Katyn Forest were carried out by German military
organisations disguised under the specific name,
"Staff 537, Engineer Construction Battalion,"
commanded by Oberleutnant Arnes and his
colleagues, Oberleutnant Rex and Leutnant Hott.
4. In connection with the deterioration, for
Germany, of the general military and political
machinery at the beginning of 1943, the German
occupational authorities, with a view to provoking
incidents, undertook a whole series of measures to
ascribe their own misdeeds to organisations of the
Soviet authorities, in order to make mischief
between the Russians and the Poles.
5. For this purpose:
(b) The German occupational authorities, in the
spring of 1943, brought from other places the
bodies of Polish prisoners of war whom they had
shot, and laid them in the turned up graves of
Katyn Forest with the dual purpose of covering up
the traces of their own atrocities and of
increasing the numbers of 'victims of Bolshevist
atrocities in Katyn Forest.'
(c) While preparing their provocative measures,
the German occupational authorities employed up to
500 Russian prisoners of war for the task of
digging up the graves in Katyn Forest, according
to the proof and material evidence on the matter.
Once the graves had been dug, the Russian
prisoners of war were shot by the Germans.
6. The date of the legal and medical examination
determined, without any shadow of doubt,
(b) The application by the German executioners,
when shooting Polish prisoners of war, of the
identical method, that is, a pistol shot in the
nape of the neck, as used by them in the mass
murders of the Soviet citizens in other towns,
especially in Orel, Voronetz, Krasnodar and in
Smolensk itself."
[A recess was taken until 1400 hours.]
COLONEL POKROVSKY: Point 7 of the general conclusions of the
Extraordinary State Commission of the Soviet Union, on which
I reported in the preceding session, states:-
8. By shooting the Polish prisoners of war in
Katyn Forest, the German invaders consistently
realised their policy for the physical
extermination of the Slav peoples."
The Katyn massacres did not exhaust the Nazi crimes against
the soldiers of the Polish Army. In the report of the Polish
Government, submitted by me to the Tribunal as Exhibit USSR
93, we find a series of proofs confirming the breach by the
Hitlerite conspirators of the elementary rules of
International Law governing the customs and laws of war. On
Page 36 of this report by the Polish Government - it is on
Page 285 of your document book - we find, as an out-
[Page 18]
THE PRESIDENT: Colonel, you forgive my interrupting you, but
you remember that I have interrupted all the other
prosecutors to point out to them that one opening speech had
been made on behalf of their delegation, and that really
their function was to present the documents.
Now, you have just presented a document which states that
three volunteers were shot. I think that any comment upon
that is really unnecessary.
COLONEL POKROVSKY: I now proceed to the quotation of the
second excerpt on Page 37, Subparagraph "D" (Page 226 of
your document book):-
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(Part 7 of 15)
[COLONEL POKROVSKY continues] "According to the estimates of medico-forensic
experts, the total number of bodies amounts to
over 11,000. The medico-forensic experts carried
out a thorough examination of the bodies exhumed,
and of the documents and material evidence found
on the bodies in the graves. During the exhumation
and examination of the corpses, the commission
questioned many witnesses among the local
inhabitants. Their testimony permitted the
determination of the exact time and circumstances
of the crimes committed by the German invaders."
I believe that I need not quote everything that the
Extraordinary Commission ascertained during its
investigation. I only read into the record the general
conclusions, which summarise the work of the Commission. You
will find the lines read into the record on Page 43 of
Exhibit USSR 54 if you turn to the original document, or on
Page 264 of your document book:
"General conclusions:
THE PRESIDENT: The Tribunal will now recess.
1. The Polish prisoners of war imprisoned in the
three camps west of Smolensk and engaged in
railway construction before the war, remained
there after the occupation of Smolensk by the
Germans, right up to September, 1941.
(a) The German fascist invaders, either by
persuasion, attempts at bribery or threats, and
barbarous tortures, endeavored to find witnesses
among the Soviet citizens from whom they obtained
false testimony, alleging that the Polish
prisoners of war had been shot by organisations of
the Soviet authorities in the spring of 1940.
(a) That the time of shooting was autumn, 1941.
"The conclusions reached, after studying the
affidavits and medico-forensic examinations
concerning the shooting of Polish military
prisoners of war by Germans in the autumn of 1941,
fully confirmed the material evidence and
documents discovered in the Katyn graves.
Here follow the signatures of all the members of the
Commission.
"As and when the Polish officers and other ranks
returned from German captivity, we learn further
details concerning conditions prevailing in the
German camps. All these details undeniably prove
the existence of a line of policy, instructions
and orders concerning the Polish prisoners of war.
Ill-treatment, hardship and inhuman conditions
were of common occurrence. Murders and grievous
bodily injuries were frequently encountered. I
submit herewith a few examples confirmed by
witnesses under oath."
I take the liberty of reading into the record some of the
examples quoted in the Polish report. As a first example, I
shall quote the description of an incident which occurred in
a temporary prisoner of war camp in the city of Belsk. This
material figures on Page 285 of your document book:-
"On the 10th October, 1939, the camp commandant
assembled all the prisoners and ordered those who
had joined the Polish Army as volunteers to raise
their hands. Three prisoners obeyed his order.
They were immediately led out of the rank and
placed at a distance of 25 meters from a
detachment of German soldiers armed with machine
guns. The commandant gave the order to open fire.
He then spoke to the remaining prisoners and told
them that the three volunteers had been shot as an
example to the others."
In this case we are not faced with the simple murder of
three unarmed soldiers of the Polish Army...
"In the autumn of 1939 camp (Camp) VIII-S was
established in Kouna, near Sagan on the River
Bober, a tributary of the Oder. Depositions from
this camp read as follows:-
The camp in Kouna was an open space surrounded by
barbed wire, with large tents, each holding 180 or
200 persons. In spite of very cold weather (the
temperature was below 25 degrees Centigrade) there
was, in December, 1939, no heating appliance
whatsoever in the camp. Consequently, some of the
internees suffered from frozen hands, feet and
ears. Since the prisoners had no blankets and
since their uniforms were too worn out to protect
them from the cold, diseases broke out, while
malnutrition resulted in extreme debility.
Moreover, the guards constantly ill-treated the
prisoners. They were beaten on the slightest
pretext. Two men were especially noted for their
brutality: Lt. Schpihke and Sergeant-major Grau.
They hit the prisoners in the face and beat them,
broke their ribs and arms, and gouged out their
eyes. Such inhuman treatment resulted in several
cases of suicide and insanity."