§ 43. Mr. M. Lindsay
asked the Secretary of State for War what action, and with what result, has been taken by the War Crimes Commission in the following cases of German atrocities against officers and men of the 2nd S.A.S. Regiment: execution at Gaggenau on about 25th November, 1944; torture and maltreatment at Rotenfels, Schirmeck and Eaales, November, 1944; the cases of Lieutenant Silly, Sergeant Fitzpatrick, Privates Brown and Lewis, captured in France in November, 1944; and the case of Captain Dudgeon, S.A.S. Regiment, executed in the Passe della Cisa, on 3rd October, 1943, by order of General von Zielberg.
§ Mr. Bellenger
So far as this country is concerned, the investigation of war crimes and the bringing of war criminals to trial is the responsibility of the Military Deputy of the Judge Advocate-General of the Forces and not that of the United Nations War Crimes Commission which merely registers war crimes. As the answer is long, I will, with permission, circulate it in the OFFICIAL REPORT.
§ Following is the answer:
§ The Gaggenau Case,which relates to the shooting of four officers and two other ranks of the 2nd S.A.S. Regiment, together with four United States prisoners of war and four French civilians, was tried by British Military Court at Wuppertal between 6th and 10th May, 1946. Of 11 accused, five were sentenced to death, one to 10 years' imprisonment, one to eight years, one to four years, one to three years, one to two years, and one accused was acquitted.
§ Torture and maltreatment at Rotenfels, Schirmeck and Saales.There are two cases involving the shooting of 16 members of the 2nd S.A.S. Regiment. There is, however, no evidence of torture or maltreatment of the victims. In the first case eight other ranks of the 2nd S.A.S. Regiment were taken from Saales to La Grande Fosse and shot there on 15th October, 1944. Fourteen accused were tried by Military Court at Wuppertal between 15th and 21st May, 1946. Of these, one was sentenced to 10 years' imprisonment, two to eight years, three to four years, one to three years, one to two 763 years, and six were acquitted. Investigations into the complicity of other sus-pects are continuing.
§ In the second case, one officer and seven other ranks of the 2nd S.A.S. Regiment were taken from Schirmeck to St. Die and shot there in September, 1944. Fifteen accused were tried by Military Court at Wuppertal between 22nd and 25th May, 1946. Of these, three were sentenced to death, one to 13 years' imprisonment, two to 10 years, one to seven years, one to six years, one to five years, one to three years, and five were acquitted. Investigations into the complicity of other suspects are continuing in this case also.
§ In the following four cases no trials have as yet taken place and investigations are continuing: Lieutenant Silly, who was shot at Moyenmoutier in the Vosges on 21st October, 1944; Sergeant Fitzpatrick, who, together with his two comrades, was shot at Pexonne in the Vosges on 19th September, 1944; Parachutists Brown and Lewis, who were shot at Le Harcholet in the Vosges on 16th October, 1944; Captain Dudgeon, who was shot in the Passo della Cisa, Italy, on 3rd October, 1943. General Heystermann von Zielberg, who is said to have issued the order for the shooting of Captain Dudgeon, was hanged by Hitler's orders after the events of 20th July, 1944.
§ In all cases where investigations are not yet complete a number of persons are already in custody, and it is not in the public interest to disclose further particulars which might hinder the apprehension of others involved and prejudice the accused when they are brought to trial