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TREBLINKA: - Holocaust Handbooks

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Chapter V: Treblinka Trials 165<br />

which lasted only four days, he nevertheless got away with the incredibly lenient<br />

sentence of merely four and a half years imprisonment: 483<br />

“In the main proceedings, Oberhauser refused to testify. He referred to<br />

the necessity of following orders.”<br />

This meant that he was not contesting the extermination of Jews in Be��ec;<br />

thus once again, the West German justice administration could triumphantly<br />

point out that the defendant had not in no way denied the mass murder. Since<br />

Oberhauser, as Rückerl informs us, 484 had been taken into investigative custody<br />

in 1960, in 1965 his sentence was considered served and he was probably<br />

released shortly after the verdict was announced. Had he ‘obstinately denied’<br />

the alleged crimes, he probably would have faced a life sentence! 485<br />

The witness testimony and confessions of defendants, the sole basis on<br />

which the West German justice administration could support its case in these<br />

trials, were accepted as ‘credible’ in all cases where they jibed with the charges.<br />

Thus, with regard to an ‘expert opinion’ from historian Helmut Krausnick,<br />

who had estimated the number of victims of the camp as at least<br />

700,000, the verdict of the first Treblinka trial reads: 486<br />

“The Court of Assizes has no reservations in following the expert, who<br />

is well-known as a scholar due to his research into the National Socialist<br />

persecution of the Jews, since his expert opinion is detailed, thorough, and<br />

persuasive. This is all the more so when several defendants, among them<br />

the defendant S., who is gifted with an especially good memory, figured the<br />

number of victims at far more than 500,000. On what scale Treblinka operated,<br />

emerges from a characteristic description of the defendant S. concerning<br />

the opening of one of the body pits. As he plausibly tells, in the beginning<br />

of 1943, he once was in the upper camp just as one of the enormous<br />

body pits was being opened there, because the bodies now had to be<br />

burned. [487] On this occasion, so S. relates, his comrade P., the deputy head<br />

of the death camp, explained that this one body pit alone contained approximately<br />

80,000 dead. Since there were several body pits, and since the<br />

extermination operation by no means was ended in the beginning of 1943,<br />

483<br />

Adalbert Rückerl, NS-Vernichtungslager…, op. cit. (note 62), p. 86.<br />

484<br />

Ibid., p. 45.<br />

485<br />

Another striking example of the tactic, successfully employed by many defendants in NS trials,<br />

of purchasing a lenient sentence by confirming the picture of the extermination of Jews<br />

as described in the charges is furnished in the Frankfurt Auschwitz trial (1963-1965) by the<br />

defendant Robert Mulka. Such horrific atrocities were imputed to him that many objected to<br />

his sentence of 14 years imprisonment as inappropriate. Yet only four months later, Mulka<br />

was released without any fuss: G. Reitlinger, op. cit., (note 181), p. 551.<br />

486<br />

A. Rückerl, NS-Vernichtungslager…, op. cit. (note 62), p. 199; during the second West German<br />

Treblinka trial, the number of Treblinka victims mentioned by another expert report<br />

compiled by Wolfgang Scheffler rose to 900,000 “on the basis of new research”.<br />

487<br />

In the same verdict we read that the cremation of the bodies began “in the spring of 1943”<br />

(p. 205).

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