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J. GRAF, T. KUES, C. MATTOGNO, <strong>SOBIBÓR</strong> 171 6. The Sobibór Trials 6.1. Legal Proceedings as the Basis for Historiography Once the victorious Western Allies had created a puppet state called “Federal Republic of Germany,” its leaders ordered the judiciary to fabricate the evidence for the mirage of the murder of millions of people in gas chambers, for which not a single shred of evidence survived – if it ever existed. To prove our point, all we have to do is quote Martin Broszat, long-time head of the Munich Institut für Zeitgeschichte (Institute of Contemporary History), who said in his introduction to Adalbert Rückerl’s documentation about the “NS extermination camps:” 490 “Without intending to anticipate a historical investigation and valuation of the part played by the German judiciary in the prosecution of NS crimes, we may retain as of today one aspect, particularly in respect of the activity of the central agency [at Ludwigsburg]: One must not judge the significance of the large-scale investigations carried out by the prosecuting and the judicial authorities since the end of the nineteen fifties merely by the – frequently minor – conviction rates. […] Even though the fact of the ‘final solution of the Jewish question’ can be found in nearly all history and other schoolbooks about the NS era, the specific circumstances of those horrifying events have so far been documented hardly at all in a systematic manner. The methodical obfuscation by the agencies involved and the thorough elimination of all traces at the end of the campaigns have prevented a precise reconstruction of the events over long periods or rendered them very difficult. This applies in particular to the large and carefully hidden extermination camps set up in the occupied Polish territories. In spite of unfavorable starting conditions, the long and painstaking investigations of the judiciary have brought about a general clarification of the facts and the circumstances.” Succinctly said: Although nearly all history and other schoolbooks mentioned the final solution of the Jewish question, the latter had been 490 A. Rückerl (ed.), op. cit. (note 36), p. 7 ff.
172 J. GRAF, T. KUES, C. MATTOGNO, <strong>SOBIBÓR</strong> documented hardly at all in a systematic manner. This was done only later, thanks to the long and painstaking investigations of the judiciary! In other words: the public prosecutors and the judges had to fly to the side of the historians in order to prove belatedly what had not been proved so far. 6.2. The Trial of Erich Bauer in Berlin in 1950 Martin Broszat’s statement that the “the large-scale investigations carried out by the prosecuting and the judicial authorities” began only at “the end of the nineteen fifties” is in disagreement with the facts: the first trials of SS personnel stationed in the so-called “extermination camps” during the war started in fact in 1950. The procedure of the judiciary can be convincingly demonstrated by the manner in which the trial against SS-Oberscharführer Ernst Bauer was conducted. Bauer was a driver and alleged “Gasmeister von Sobibór,” sentenced to death in Berlin in 1950 on account of “continual crimes against humanity.” 491 After the abolition of the death penalty, the sentence was commuted to life imprisonment. The indictment against Bauer consisted of 11 counts, the first and most serious of which read: 492 “Activity as gas master. As soon as a new transport of detainees had arrived in the camp and the detainees had undressed, the defendant who was already known among the inmates as the ‘Bademeister’ led them to the gas chamber which was disguised as a bath. He sometimes preceded the convoy, sometimes walked next to the detainees beating them to make them walk faster. Subsequently, in camp III, he was the only one to operate the gas machine to annihilate them.” What is the basis of these assertions? In the early accounts of witnesses about Sobibór, Erich Bauer is either not mentioned at all or mentioned only in passing. His name appears neither in the two Pechersky reports nor in the testimony of Leon Feldhendler – which lists, after all, 10 SS men by name. 493 Zelda Metz has a total of seventeen names of SS 491 Verdict of Landgericht Berlin, 8 May 1950, PKs 3/50, p. 1. 492 Ibid., p. 3. 493 “Wagner, Spiess, Neumann, Rose, Greischutz, Gomelski, Weiss, Getzinger, Beckmann, Müller” (Spelling of names unchanged from source). N. Blumental (ed.), op. cit. (note
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