|were executed outside his presence, he could
not escape responsibility for the death of those killed before his eyes.
With regard to the two executions which he witnessed (one by gas van
and the other by shooting), he testified that the first involved some 50 people
and the second about 15. He was questioned as to whether investigations had
been made to determine guilt or innocence of these 65 executees. He replied
"I did not see the files of these
65 cases. I only know that men of the Kommando had received orders ever since
the time of my predecessor to investigate the cases."
|The interrogation continued
"Q. You do not know of your own
knowledge that these cases were investigated? These 65 deaths?
did not see it.
"Q. No. So, therefore, you permitted 65 people to go to
their deaths without knowing yourself whether they were guilty or not?
"A. I said that I only made spot checks.
"Q. Did you make any
spot checks in these 65?
"A. Not among these 65.
"Q. Then we
come back to the conclusion that you permitted 65 people to go to their death
without even a spot check?
"A. Without having made a spot check,
|It is, therefore, evident that in this
instance alone Biberstein is guilty of murder in ordering the death of 65
persons and supervising their very executions without evidence of guilt.
The Tribunal finds from all the evidence in the case that
Sonderkommando 6, during the time that Biberstein was its chief accomplished
mass murder. It finds further that as its chief, Biberstein was responsible for
The Tribunal finds from the entire record that the
defendant is guilty under counts one and two of the indictment.
finds further that he was a member of the criminal organizations SS, SD, and
Gestapo under the conditions defined by the judgment of the International
Military Tribunal and, therefore, is guilty under count three of the
| SS Colonel Werner Braune received his law
degree at the University of Jena in July 1932 and in 1933 was awarded the
degree of Doctor of Juridical Science. He joined the SS in November 1934. In
1940 he became chief of the Gestapo in Wesermuende. In October 1941 he was
assigned to Einsatzkommando 11b. As chief of this unit Braune knew of the
Fuehrer Order and executed it to