| |
| Upon inquiry as to what the defendant meant
by the "correction of sentences," he answered: |
| |
"By correcting of a sentence we
mean that when the court had pronounced a sentence, for example, had condemned
somebody to be imprisoned for a term of 5 years if the police now, after
these 5 years had been served, if the police arrested this man and put him into
a concentration camp this is only an example of a correction. Or even
if, and this is clearer, it happened that a person was acquitted by a court,
and in spite of that the police put this man into a concentration camp. These
are examples of correction of sentences." |
| The defendant stated that he did not observe
and could not discover any abuse at Mauthausen. In this connection the
testimony of defense witness Hartmann is of interest. Hartmann accompanied Dr.
Rothenberger on his visit to Mauthausen concentration camp. He testified that
rumors were current in Germany to the effect that conditions were not what they
should be in the concentration camps. Hartmann testifies that they went about
the camp freely and observed everything closely. On cross-examination by the
Tribunal, Hartmann testified as follows:* |
| |
"Q. * * * When you visited
Mauthausen concentration camp, you knew, did you not, that the courts in the
Ministry of Justice never sentenced convicted criminals to a concentration
camp? * * *
"A. Yes.
"Q. Did Dr. Rothenberger know it?
"A. Yes.
"Q. Then you knew that these ten people that he talked
with, and the one or two that you talked with, were not there by reason of any
action on the part of the Ministry of Justice or the court, but were there only
by reason of action by the police or by the Party, did you not?
"A.
Yes. That was preventive custody undertaken by the
police." |
| The witness Hartmann testified
further: |
| |
"Q. And they had already served
their sentences as imposed by court before they were taken into this custody of
the police, is that right? "
A. Yes. That is how I see
it. |
__________ * Complete testimony of
defense witness Hans Hartmann is recorded in the III mimeographed transcript,
17 September 1947, pages 8999-9068.
1115 |