Solution manual for operating systems internals and design principles 8 e 8th edition 0133805913

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Operating Systems: Internals and Design Principles, 8/E 8th
0133805913
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A Comprehensive Solution Manual for Operating Systems: Internals and Design Principles, 8/E By William Stallings

PART ONE BACKGROUND

Chapter 1 Computer System Overview

Chapter 2 Operating System Overview

PART TWO PROCESSES

Chapter 3 Process Description and Control

Chapter 4 Threads

Chapter 5 Concurrency: Mutual Exclusion and Synchronization

Chapter 6 Concurrency: Deadlock and Starvation

PART THREE MEMORY

Chapter 7 Memory Management

Chapter 8 Virtual Memory

PART FOUR SCHEDULING

Chapter 9 Uniprocessor Scheduling

Chapter 10 Multiprocessor and Real-Time Scheduling

PART FIVE INPUT/OUTPUT AND FILES

Chapter 11 I/O Management and Disk Scheduling

Chapter 12 File Management

PART SIX ADVANCED TOPICS

Chapter 13 Embedded Operating Systems

Chapter 14 Virtual Machines

Chapter 15 Operating System Security

Chapter 16 Distributed Processing, Client/Server, and Clusters

APPENDICES

Appendix A Topics in Concurrency

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Counterintelligence is to be held on 2 October 1942.

Berlin, 26 September 1942

[Handwritten] for further action

[Typed] signed D. A

[Initial] A [Ammon]

2 October

PARTIAL TRANSLATION OF DOCUMENT NG-255 PROSECUTION EXHIBIT 314

LETTER FROM MINISTRY OF JUSTICE, INITIALED BY DEFENDANTS METTGENBERG AND VON AMMON, TO VARIOUS JUDGES AND PUBLIC PROSECUTORS, 21 DECEMBER 1942, CONCERNING OBJECTIONS TO ELECTIVE DEFENSE COUNSEL IN NIGHT AND FOG TRIALS

The Reich Minister of Justice

IVa 2069.42 g

[stamp]

Berlin, 21 December 1942

mailed 9 January 1943

[Handwritten] Ru.

[Stamp] Secret

To—

a. The President of the People’s Court

b. The Chief Public Prosecutor at the People’s Court

c. The President of the Military Court

d. The Presidents of the Courts of Appeal in Hamm, in Westphalia, Kiel, and Cologne

e. The Attorney General at the Military Court

f. The Attorneys General in Hamm, in Westphalia, Kiel, and Cologne

[Stamp]

To the Chancellery

5 January 1943

made out: Reply: 6 January 1943 Le/Ru.

Subject: Prosecution of criminal acts against the Reich or the occupying power in the occupied territories

[Stamp]

Armed Forces Legal Department

24 December 1942

1211/42 Secret

[Stamp]

To the Chancellery

22 December 1942

made out: Reply:

Before mailing

To the High Command of the Armed Forces Armed Forces Legal Department for information.

Send copy there.

Several attorneys general have raised the question of whether elective defense counsel are to be admitted in the procedures transferred to the general courts according to the directives of the Fuehrer, dated 7 December 1941, dealing with the prosecution of criminal acts against the Reich or the occupying power in the occupied territories. I have contacted the High Command of the Armed Forces in this respect. We are both of the opinion that in view of the regulations in force for keeping secret the procedures in question, there are basic objections to the admission of elective defense counsel. The interests of the defendants can be taken care of by giving them defense counsel according to paragraph 32 of the competence regulation.

B O

[Department] III

21 December

[Initials illegible]

[Department] IV

[Initial] M [Mettgenberg] 21/12

[Initial] A [von Ammon] 17/12

PARTIAL TRANSLATION OF DOCUMENT NG-253 PROSECUTION EXHIBIT 317

EXTRACTS FROM OFFICIAL CORRESPONDENCE ARISING OUT OF THE QUESTION OF PROVIDING DEFENSE COUNSEL IN NIGHT AND FOG TRIALS, 4 JANUARY—19 FEBRUARY 1943

[Letter from the President of the Essen Special Court to the President of the Essen District Court, 4 January 1943]

The President of the Special Court

Essen, 4 January 1943 Secret

To the President of the District Court in Essen

Concerning—Prosecution of criminal acts against the Reich or the occupying power in the occupied territories.

The German Penal Code applies to the prosecution of criminal acts against the Reich or the occupying power in occupied territories. This does not exclude the application of article IV, paragraph 32 of the competence decree of 21 February 1940 concerning necessary defense, included in the Reich Minister of Justice’s executive decree of 6 February 1942.[454] Foreign defendants must therefore have counsel if there is a possibility of the death sentence (or life imprisonment) being imposed. That is frequently the case in these trials. An increasing number of more copious cases with several defendants are now coming up. Very frequently the only evidence against defendants pleading not guilty consists of statements of codefendants, so that in view of the possibility of conflicting interests, it is only rarely possible to appoint one counsel for a number of defendants. Recently, seven counsel had to be appointed for one trial lasting several

days. At that time it was most difficult to find enough counsel in a position to take over the defense. The course of proceedings was repeatedly interrupted owing to the inability of counsel to appear. In a few days another case with about 30 defendants will come up, for which a number of counsel will presumably have to be appointed, too. A number of similar trials may be expected shortly.

Such a strain for trials lasting all day for several days upon the few lawyers, who are overworked due to their representing their drafted colleagues, is in my opinion untenable under present circumstances. The resultant drain upon the State treasury is considerable. When the second court for these special cases which will soon be needed is set up, it will be next to impossible to get the requisite number of counsel. The interests of foreign defendants can hardly be considered sufficiently important to justify continuous demands of this kind on staff and public funds.

I therefore suggest that the Reich Minister of Justice should lay down the following by virtue of the powers granted in No. V of the Fuehrer’s directives of 7 December 1941:

Article IV, paragraph 32 of the competence decree of 21 February 1940 is not applicable. The president of the court will appoint a counsel for the defendant if the latter is unable to defend himself or if for any other special reasons it seems desirable that the defendant be represented.

[Signed] G[455]

District Court Director [Landgerichtsdirektor]

[Memorandum, 18 January 1943, from Ministerial Director Grau to defendant von Ammon asking for comments on the proposal of the President of the Special Court in Essen.]

Secret

In reference: III a 184/43g

To Oberlandesgerichtsrat Dr. von Ammon

Account of proceedings enclosed with request for comments. In case a regulation of the nature suggested by the Essen Special Court should be considered necessary, a legal decision along the lines of the draft could be

made. The formulation of this communication intends to leave untouched in principle the necessity for defense in the cases concerned and only to permit individual exceptions of the compulsory regulation contained in paragraph 32 of the competence decree (ZustVO).

I consider it doubtful whether the principle of the necessity of having a defense should be abandoned also in cases where the death sentence may be expected. Here the existing regulations should be waived only in cases of the utmost urgency.

Berlin, 18 January 1943

[Signed] G

[Answer, 1 February 1943, from the Reich Ministry of Justice, initialed by defendants Mettgenberg and von Ammon.]

To Ministerialrat Grau

Department IV suggests that section 2 of decree No. 7 of 7 December 1941 be given roughly the following form:

“In trials in which according to the regulations a defense counsel has to be appointed for the defendant, the regulation may be ignored if the president of the court is convinced that the character of the defendant or the nature of the charge make the assistance of a defense counsel superfluous.”

However, it might be expedient to obtain the comments of the President of the People’s Court, and of the chief Reich prosecutor at the People’s Court, the presidents of the courts of appeal at Kiel and Cologne and the attorneys general in Hamm, Cologne, and Kiel.

Berlin, 1 February 1943

[Initials] V [Vollmer]

M [Mettgenberg] 1 February

A [von Ammon] 30 January

[Letter, 9 February 1943, from the Reich Ministry of Justice, initialed by defendants Mettgenberg and von Ammon.]

Berlin, 9 February, 1943

The Reich Minister of Justice

III a 184/43 g

1. To

a. The President of the People’s Court[456]

b. The Chief Public Prosecutor at the People’s Court[456]

c. The Oberlandesgerichtspraesidenten in Kiel and Cologne

[Initial] T [Thierack]

d. Chief Public Prosecutors in Hamm, Kiel, and Cologne

[Stamp] To files 9 February 1943

Subject: Crimes against the Reich or the occupying forces in occupied territory

The president of the Essen Special Court reports that in trials for the above-mentioned offenses, where a defense is necessary, because of the sentence which may be expected, it is often difficult to obtain counsel for the defense when [defendants who have confessed in cases where there is a collision of interest between the defendants][457] a defense counsel always has to be obtained. The requisite number of lawyers is not always obtainable, the course of the main proceedings is also frequently hampered by the inability of individual lawyers to appear.

I therefore propose to insert in No. 7 of the decree for the carrying out of the directives laid down by the Fuehrer and Supreme Commander of the Armed Forces of 7 December 1941 the following regulation, which is to be paragraph 2:

“In trials before the Sondergericht [Special Court] in which according to the regulations defense counsel has to be provided for the defendant, the regulation may be ignored when the president of the court can conscientiously state that the character of the accused and the nature of the charge make the presence of a defense counsel superfluous.”

Please comment as soon as possible.

B :

[Department] IV

[Department] III

[Initial Illegible]

Secret

2. 3 weeks later. 3 March

[Initials] V [Vollmer] 4 February

M [Mettgenberg] 4 February

A [Ammon] 3 February

C [Crohne] 3 February

TRANSLATION OF DOCUMENT NG-269 PROSECUTION EXHIBIT 319

SECRET INSTRUCTIONS OF REICH MINISTRY OF JUSTICE TO PROSECUTORS AND JUDGES, INITIALED BY DEFENDANTS ALTSTOETTER, METTGENBERG, AND VON AMMON, 6 MARCH 1943, CONCERNING MEASURES NECESSARY TO MAINTAIN SECRECY OF NIGHT AND FOG PROCEDURES

Draft

Berlin, 6 March 1943

The Reich Minister of Justice

IV a 398/43 secret

[Stamp] Secret Secret

1. To:

a. The Chief Reich Prosecutor at the People’s Court

b. The Attorneys General in Celle, Duesseldorf, Frankfurt/Main, Hamburg, Hamm, Kiel, and Cologne

c. The Attorney General at the Berlin Court of Appeal

Subject: Criminal procedures on account of criminal acts committed against the Reich or the occupying power in the occupied territories

Enclosures: Extra copies for the Chief Public Prosecutors in Essen, Kiel, and Cologne and for the Attorney General at the Berlin District Court

For the attention of:

a. The President of the People’s Court

b. The Presidents of the District Courts of Appeal in Hamm, Kiel, and Cologne

c. The President of the Berlin Court of Appeal

Enclosures: Extra copies for the Presidents of the District Courts in Hamm, Kiel, Cologne, and Berlin

[Stamp] Chancellery of Justice

6 March 1943

With regard to criminal procedures on account of criminal acts against the Reich or against the occupying forces in the occupied territories (socalled Night and Fog cases) I request the observance of the following directives in order not to endanger the necessary top secrecy of the procedure, particularly, regarding the execution of death sentences and other cases of death among prisoners. [Italicized text crossed out in the original document.]

1. The cards used for investigations for the Reich crime statistics need not be filled in. Likewise, notification of the penal records office will be discontinued until further notice. However, sentences will have to be registered in lists or on a card index in order to make possible an entry into the penal records in due course.

2. In cases of death, especially in cases of execution of NN prisoners, as well as in cases of female NN prisoners giving birth to a child, the register must be notified as prescribed by law. However, the following remark has to be added: “By order of the Reich Minister of the Interior, the entry into the death (birth) registry must bear an endorsement, saying that examination of the papers, furnishing of information and of certified copies of death (birth) certificates is only admissible with the consent of the Reich Minister of Justice.”

3. In case an NN prisoner sentenced to death desires to draw up a public will, proceedings must follow No. 30, paragraph 2 of my circular ordinance of 19 February 1939, article 417-III a, 318.39. The persons who assist the drawing up of the will are, if necessary, to be sworn to secrecy. The will has

to be taken into official custody according to article 2 of the Probate Law. The deposition receipt has to be kept by the prosecution until further notice.

4. Farewell letters by NN prisoners as well as other letters must not be mailed. They have to be forwarded to the prosecution who will keep them until further notice.

5. If an NN prisoner who has been sentenced to death and informed of the forthcoming execution of the death sentence desires spiritual assistance by the prison padre, this will be granted. If necessary, the padre must be sworn to secrecy.

6. The relatives will not be informed of the death and especially of the execution of an NN prisoner. The press will not be informed of the execution of a death sentence, nor must the execution of a death sentence be publicly announced by posters.

7. The bodies of executed NN prisoners or prisoners who died from other causes have to be turned over to the State Police for burial. Reference must be made to the existing regulations on secrecy. It must be pointed out especially that the graves of NN prisoners must not be marked with the names of the deceased.

The bodies must not be used for teaching or research purposes.

8. Legacies of NN prisoners who have been executed or died from other causes must be kept at the prison where the sentence was served.

B :

[Initials] S [Schaefer] 5 March

M [Marx] 3 March

A [Altstoetter] 3 March

M [Mettgenberg] 25 February

. A. [von Ammon] 27 February

[Initials] W [Westphal] 27 February

V [Vogel] 26 February

R [Rexroth] 27 February

H [Hecker] 26 February

E [Eichler] 1 March

2. Copy of (1) to District Court Judge Dr. von Ammon and to Chief Public Prosecutor Dr. Metten, also to Dr. Eichler.

3. To be submitted again after being mailed.

[Stamp] Mailed 8 March 1943

[Handwritten] resubmitted [Initials illegible] March 9

[Handwritten notes illegible]

Distribution

The circular ordinance of 6 March 1943-IV a 398/43—has been mailed today to the following addresses:

786 b  1. Chief Reich Prosecutor at the People’s Court, Berlin.

7  2. Attorney General, Celle.

8  3. Attorney General, Duesseldorf.

9  4. Attorney General, Frankfurt (Main).

90  5. Attorney General, Hamburg.

1  6. Attorney General, Hamm.

2  7. Attorney General, Kiel.

3  8. Attorney General, Cologne.

4  9. Attorney General at the Court of Appeal, Berlin.

5 10. President of the People’s Court, Berlin.

6 11. President of the Supreme Court of Appeal, Hamm.

7 12. President of the Supreme Court of Appeal, Kiel.

8 13. President of the Supreme Court of Appeal, Cologne.

799 b 14. President of the District Court, Berlin.

[Handwritten] 14 Weber

[Stamp] Berlin, W 8, 8 March 1943, 6–7 afternoon

TRANSLATION OF DOCUMENT NG-281 PROSECUTION EXHIBIT 323

FILE NOTE OF DEFENDANT VON AMMON, 7 OCTOBER 1943, CONCERNING DEFENDANT LAUTZ’ QUESTION AS TO GIVING DEFENDANTS TRANSLATIONS OF THE INDICTMENTS AGAINST THEM IN NIGHT AND FOG CASES

1. Note—Chief Reich Prosecutor Lautz asked me whether there were any objections to translations of indictments in NN proceedings being handed over to the defendants. It has turned out to be inconvenient that the

defendants learned the details of the charges raised against them only during the trial. Also the interpretation by the defense counsel is not always sufficient, since their French mostly is not good enough and since the defendants were brought to the place of the trial only shortly before it was held.

The procedure adopted for Czech defendants, viz, having the indictment translated to them orally by a Czech-speaking sergeant, is not possible here since French-speaking sergeants are not available.

After having given a report to Ministerialdirektor of Department IV and to the Minister, I informed Chief Reich Prosecutor Lautz on 6 October 1943 that there were no objections whatever to the intended procedure.

2. Ad procedures of office a 3.—“Prosecution of criminal acts against the Reich or the occupying power in the occupied territories.”

Berlin, 7 October 1943

IVa 2369/43 g

[Initial] A [von Ammon]

PARTIAL TRANSLATION OF DOCUMENT NG-205 PROSECUTION EXHIBIT 328

SECRET DIRECTIVE OF THE REICH MINISTRY OF JUSTICE, 21 JANUARY 1944, ORDERING TRANSFER TO GESTAPO OF NIGHT AND FOG PRISONERS WHO WERE ACQUITTED, AGAINST WHOM PROCEEDINGS WERE QUASHED, OR WHO HAD SERVED THEIR SENTENCES

The Reich Minister of Justice

IV a 2083.43 g

Secret

Berlin, 21 January 1944

[Handwritten] Immediately!

[Initial] T [Thierack] (Stamp)

dispatched: 25 January 1944

1. To the

a. President of the People’s Court

b. Chief Reich Prosecutor at the People’s Court

c. Presidents of the Courts of Appeal in Breslau, Hamm, and Kiel

d. President of the Military Court

e. Attorneys General in Breslau, Hamm, and Kiel

f. Attorney General at the Military Court

Subject: Prosecution of criminal acts committed against the Reich or the occupying power in the occupied territories

Enclosures: Extra copies for the Presidents of the District Courts in Breslau, Essen, Kiel, and Berlin; Chief Public Prosecutors in Breslau, Essen, and Kiel; and for the Attorney General at the Berlin District Court

[Stamp] submitted on 25 January 1944

For information:

a. The other Attorneys General

b. Supreme Command of the Armed Forces

Referring to the letter of 10 November 1943

14 n 16.18 WR (I/3)—129/43 g

c. Reich Leader SS and Chief of the German Police at the Reich Ministry of the Interior

—Chief of the Security Police and of the SD—

Referring to the letter of 17 December 1943

IV D 4-103/42 g

As supplement to my circular decree dated 28 October 1942—IV a 1668/42 g—I order the following concerning the treatment of NN prisoners who were acquitted by a general court, against whom such proceedings were quashed, or who served their sentence imposed on them by a general court:

1. If during the trial of an NN proceeding it appears that the defendant is innocent or that his guilt has not been sufficiently established, he will be handed over to the Secret State Police; the public prosecutor will inform the

Secret State Police of his opinion whether the defendant can be released and return to the occupied territories, or whether he will continue to remain under detention. The Secret State Police will decide what further actions are to be taken.

2. Defendants who were acquitted, or against whom proceedings were quashed during the trial, or who served a sentence during the war, will be handed over to the Secret State Police for detention for the duration of the war. The Reich Leader SS and Chief of the German Police at the Reich Ministry of the Interior has ordered that these defendants will always be given the mildest grade of protective custody, i.e., grade I.

3. Deviations from the regulations as contained in Nos. 1 and 2, will be made only after my approval has been given.

B O:

2. Copy of 1 will be sent to the—

a. President of the Senate Hecker

b. Ministerialrat Dr. von Ammon

c. Amtsrat Thienel

d. s 1

3. To be resubmitted after dispatch—

As deputy

[Initial] V [Vollmer] Jan. 18

[Initial] A [von Ammon] Jan. 18

Report of 13 December 1943

[Handwritten] submitted with IV a 27/44 g

The decree of 21 January 1944—IV a 2803/43—has been mailed to the following addresses today:

1. President of the People’s Court in Berlin.

2. Chief Reich Prosecutor at the People’s Court in Berlin.

3. President of the Court of Appeal, Breslau.

4. President of the Court of Appeal, Hamm/Westphalia.

5. President of the Court of Appeal, Kiel.

6. President of the Court of Appeal [Kammergericht], Berlin.

7. Chief Public Prosecutor, Breslau.

8. Chief Public Prosecutor, Hamm/Westphalia.

9. Chief Public Prosecutor, Kiel.

10. Chief Public Prosecutor at the Court of Appeal, Berlin.

11. Chief Public Prosecutor, Bamberg.

12. Chief Public Prosecutor, Braunschweig.

13. Chief Public Prosecutor, Celle.

14. Chief Public Prosecutor, Danzig.

15. Chief Public Prosecutor, Darmstadt.

16. Chief Public Prosecutor, Dresden.

17. Chief Public Prosecutor, Duesseldorf.

18. Chief Public Prosecutor, Frankfurt/Main.

19. Chief Public Prosecutor, Graz.

20. Chief Public Prosecutor, Hamburg. 21. Chief Public Prosecutor, Innsbruck. 22. Chief Public Prosecutor, Jena. 23. Chief Public Prosecutor, Karlsruhe. 24. Chief Public Prosecutor, Kassel.

25. Chief Public Prosecutor, Katowice.

26. Chief Public Prosecutor, Cologne/Rhine.

27. Chief Public Prosecutor, Koenigsberg.

28. Chief Public Prosecutor, Leitmeritz.

29. Chief Public Prosecutor, Linz/Donau.

30. Chief Public Prosecutor, Munich.

31. Chief Public Prosecutor, Naumburg/Saale.

32. Chief Public Prosecutor, Nuremberg.

33. Chief Public Prosecutor, Oldenburg.

34. Chief Public Prosecutor, Poznan.

35. Chief Public Prosecutor, Rostock, at present Schwerin/Meckl.

36. Chief Public Prosecutor, Stettin.

37. Chief Public Prosecutor, Stuttgart.

38. Chief Public Prosecutor, Vienna.

39. Chief Public Prosecutor, Zweibruecken.

40. Plenipotentiary of the Reich Minister of Justice for the Emsland convict camps in Papenburg.

41. German State Minister for Bohemia and Moravia in Prague.

42. Supreme Command of the Wehrmacht, Berlin.

43. Reich Leader SS and Chief of the German Police (Pommerenin) [sic]. 44.

[illegible

[Stamp] Berlin, 25 January 1944

TRANSLATION OF DOCUMENT NG-230 PROSECUTION EXHIBIT 331

LETTER FROM ARMED FORCES HIGH COMMAND TO THE FOREIGN OFFICE, COPY TO DEFENDANT VON AMMON, 4 APRIL 1944, CONCERNING TWO NOTES OF M. DE BRINON, VICHY GOVERNMENT AMBASSADOR, ON NIGHT AND FOG CASES

marginal note]

Copy

High Command of the Armed Forces

14 n 16.18 WR (I/3)

259/44g

Secret

Berlin, W 35, 4 April 1944

Tirpitzufer 72–76

To the Foreign Office

Berlin W 8

Subject: Prosecution of offenses against the Reich or the army of occupation in the occupied territories

2 enclosures[458]

Enclosed two notes of the French Ambassador and Secretary of State de Brinon are submitted

The High Command gives the following comment upon them:

In virtue of the directions given by the Fuehrer on 7 December 1941, capital punishment will be inflicted on principle in the occupied territories for offenses of non-German civilians which are directed against the Reich and the army of occupation and are endangering its safety or readiness for action. Whenever capital punishment would not be probable or could not be immediately inflicted and executed, the perpetrator will be brought to Germany and sentenced there. In some cases perpetrators who have been sentenced in the occupied territories will be committed for imprisonment to a penitentiary in Germany. This will be done for political reasons on principle in case of capital punishments inflicted on women, men of 70 years and older, and fathers of numerous children under age, excepting punishments inflicted on account of murder or of such crimes which are in connection with actions (e.g., partisans).

The transfer to Germany will be made, in accordance with the wishes of the Fuehrer, in order to make an efficacious and lasting warning example. The Fuehrer desires the relations and the population to be kept in suspense as regards the fate of the perpetrator. To German and foreign bureaus it will

be replied to inquiries and petitions—“The perpetrator has been committed to prison, further information cannot be given.”

To Ministerialrat von Ammon

It is therefore impossible to comply with the wishes of the Ambassador de Brinon. The High Command requests you to inform him in due form.

B :

High Command of the Armed Forces

14 n 16.18 WR (I/3) 259/44g

To the Reich Minister of Justice

Berlin W 8

[Typed] signed D. H

Berlin, 6 April 1944

In reference to letter of 17 March 1944 (V s1 263/44g). The above copy is forwarded to you for information

B :

[Handwritten note]

To previous correspondence [illegible].

[Signed] D. H

Prosecution of offenses against the Reich or the army of occupation in the occupied territories

[Initial] A [von Ammon] 2.5

TRANSLATION OF DOCUMENT NG-262 PROSECUTION EXHIBIT 333 FILE NOTE INITIALED BY DEFENDANT VON AMMON ON 10 MAY 1944, CONCERNING THE STATUS OF NIGHT AND FOG CASES AS OF 30 APRIL 1944

IV n 313/42 secret

Survey of the Status of NN Proceedings on 30 April 1944

I. The following cases were transferred by the military authorities to:

a. Chief Public Prosecutor Kiel—

12 proceedings with 442 defendants.

b. Chief Public Prosecutor Oppeln—

729 proceedings with 4048 defendants.

c. Chief Public Prosecutor Breslau[459]

1273 proceedings with 2149 defendants.

Total—2014 proceedings with 6639 defendants.

II. Charges preferred by:

a. Chief Public Prosecutor Kiel—

9 proceedings with 345 defendants.

b. Chief Public Prosecutor Oppeln—

494 proceedings with 1578 defendants.

c. Chief Public Prosecutor Breslau—

813 proceedings with 1113 defendants.

d. Chief Reich Prosecutor with the People’s Court—

134 proceedings with 588 defendants.

Total—1450 proceedings with 3624 defendants.

III. Verdicts have been submitted from:

a. Kiel Special Court—

8 cases with 168 defendants.

b. Oppeln Special Court—

307 cases with 725 defendants.

c. Breslau Special Court—

377 cases with 473 defendants.

d. Chief Reich Prosecutor with People’s Court—

115 cases with 427 defendants.

Total—807 cases with 1793 defendants.

[Handwritten]

[Initial] A [von Ammon]

Copy
To the files concerning the prosecution of criminal acts against the Reich and the occupying power in occupied territories.

TRANSLATION OF DOCUMENT NG-1886 PROSECUTION EXHIBIT 546

LETTER FROM DEFENDANT VON AMMON TO THE ATTORNEY GENERAL IN MUNICH, 22 NOVEMBER 1944, CONCERNING THE EXECUTION OF NIGHT AND FOG PRISONERS

The Reich Minister of Justice

IV a 676/44g

Berlin W 8, 22 November 1944

Wilhelmstrasse 65

Telephone: 11 00 44

Long distance calls: 11 65 16

Diary No. 1716/44g

SECRET

To the Prosecutor General in Munich 35

Subject: Certification of the personal data of executed NN prisoners

Reference: Diary No. 1584/44g

In view of the new arrangement concerning the treatment of NN prisoners in the future there no longer will be executions of NN prisoners in any large numbers.

Therefore, a closer examination of the suggestions, made by the director of the penitentiary and the detention prison Munich-Stadelheim, is not necessary. I request you to notify the latter accordingly.

B :

[Typed] D. A[460]

[Official seal of the Ministry of Justice]

[Signed] R

Certified: Court Official

EXTRACTS FROM THE TESTIMONY OF PROSECUTION WITNESS RUDOLF LEHMANN[461]

May
10

DIRECT EXAMINATION

M. K: Will you tell us briefly what your rank was and what your duties were in the High Command of the Armed Forces?

W L: I was the Ministerialdirektor in the High Command of the Armed Forces, and I was Chief of the Legal Division of the Armed Forces.

Q. Do you know of the so-called Nacht und Nebel Decree which was issued in the latter part of 1941 over the signature of Keitel?

A. I am very well informed as to how that came about.

Q. Will you tell us briefly how the Nacht und Nebel program was supposed to work? In other words, what was the theory upon which this “Erlass” or decree was issued?

A. There arose in France, after the beginning of the Russian campaign, the resistance movement which became very active. Hitler complained to the justice administration of the armed forces that on account of their attitude they were not in a position to suppress that resistance movement. That is the general background for the Nacht und Nebel Decree.

In detail this is what happened—In the beginning of October 1941 I received a letter from Field Marshal Keitel—but I want to state here that Keitel was always at headquarters, whereas I was always in Berlin. In this letter, which all my assistants have read, Keitel passed on a directive which he had received from Hitler. The letter was quite long, several pages in handwriting. In that letter, it was expressed that Hitler considered the resistance movement in France a tremendous danger for the German troops. It could be seen that the methods previously used were not sufficient to suppress that movement. There was no sense in passing sentences of prison terms—considering conditions as they were—which were handed down after a long period. That was not the right deterrent which the armed forces should employ; therefore, new means would have to be found.

Q. Now, Witness, you have given us some background on the history of the Nacht und Nebel Decree. Will you tell us with some particularity how

* * * * * * *
* * * * * * *

the Nacht und Nebel program was supposed to work? In what way were the resisters to be handled under the Nacht und Nebel Decree?

A. Yes. That was also stated in that letter by Keitel. The Fuehrer demanded that Frenchmen who were suspected of such acts, during night and fog—that is where the expression comes from—should be brought across the border and that in Germany they should be held completely incommunicado. That should only not apply in those cases where immediately a death sentence could be passed in France. This measure could be used as a deterrent but not the procedures as had been used heretofore. That was the general plan of Hitler’s which did not include anything about the question as to who should deal with these people after they had been brought to Germany.

Q. Now, Witness, did you, in your position with the High Command of the Armed Forces negotiate with the Ministry of Justice regarding the Nacht und Nebel Decree?

A. Yes, but not immediately. At first, in a lengthy conference with Field Marshal Keitel, I tried to thwart the entire plan because I disagreed—I definitely disagreed with it. Details about that conference, I am sure, are not interesting for us now. In doing that, I only had a very limited success; that is, Keitel said that he would be ready to speak to the Fuehrer once more. But already on the occasion of this first conference, he stated that the Fuehrer insisted on the carrying out of that concept and he used a term which I cannot forget. Hitler had said with reference to that—“Nobody can deny that I am a revolutionary of considerable stature. Then I should know best how uprisings can be suppressed.” Keitel then spoke once more to Hitler, as he stated, but it was of no avail. According to Keitel’s information, Hitler said that there were things of which he understood more than jurists do.

In the conference with Keitel, I raised the question immediately as to who should deal with these matters in Germany now. Thereupon, Keitel said, that it would be most according to the desire of the Fuehrer if the Secret State Police would deal with it. But we were against that from the very beginning, and also Admiral Canaris was against it with the same severity.

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