Professional Documents
Culture Documents
To cite this article: Frank Ellis (2006): Dulag-205: The German Army’s Death Camp for
Soviet Prisoners at Stalingrad, The Journal of Slavic Military Studies, 19:1, 123-148
This article may be used for research, teaching, and private study purposes.
Any substantial or systematic reproduction, redistribution, reselling, loan,
sub-licensing, systematic supply, or distribution in any form to anyone is
expressly forbidden.
The publisher does not give any warranty express or implied or make any
representation that the contents will be complete or accurate or up to
date. The accuracy of any instructions, formulae, and drug doses should be
independently verified with primary sources. The publisher shall not be liable
for any loss, actions, claims, proceedings, demand, or costs or damages
whatsoever or howsoever caused arising directly or indirectly in connection
with or arising out of the use of this material.
Journal of Slavic Military Studies, 19: 123–148, 2006
Copyright © Taylor & Francis Group, LLC
ISSN 1351-8046 print
DOI: 10.1080/13518040500544600
0000-0000
1351-8046
FSLV
Journal of Slavic Military Studies,
Studies Vol. 19, No. 01, January 2006: pp. 0–0
Frank Ellis
F. Ellis
Dulag-205
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
Ration return documents in the archive of the German 6th Army reveal
that approximately 30,000 Soviet soldiers were conscripted or volun-
teered to work for their German captors at Stalingrad. Their fate after
the German capitulation remains unknown, though it seems likely that
the bulk of them fell into the hands of the NKVD and SMERSH, undergo-
ing a lengthy process of filtration and interrogation. The precise details
of what befell these Hilfswillige or Hiwis remain one of the major unre-
solved questions concerning the battle of Stalingrad. Those Soviet prison-
ers who were deemed by German intelligence to be unreliable or simply
too loyal to the Soviet regime were incarcerated in Dulag-205. After the
capitulation of 6th Army the officers responsible for the running of
Dulag-205 were captured and interrogated so revealing a regime of star-
vation, beatings, and forced labor inflicted on Soviet troops. In this arti-
cle, which is based on access to the original interrogation files of the
German officers, the author traces the history of this forgotten death
camp inside the Kessel.
The existence of Dulag-205 was one of the more gruesome discoveries
made by the Red Army after the capitulation of 6th Army. The officers
responsible for the running of Dulag-205 were captured and interrogated
so revealing a regime of starvation, beatings, and forced labor inflicted
on Soviet prisoners. In this article, which is based on access to the origi-
nal interrogation files of the German officers, the author traces the his-
tory of this forgotten death camp inside the Stalingrad Kessel.
Address correspondence to Dr. Frank Ellis, Department of Russian and Slavonic Studies,
University of Leeds, Leeds, LS2 9JT, UK. E-mail: rusnje@leeds.ac.uk
124 F. Ellis
1
See ‘Dokladnaia zapiska V. Abakumova A. Vyshinskomu o zverskom otnoshenii nem-
etskikh voennosluzhashchikh k sovetskim voennoplennym, 2 sentiabria 1943 g.’in Stalingradskaia
epopeia: Materialy NKVD SSSR i voennoi tsenzury iz Tsentral’nogo arkhiva FSB RF, Ya. F. Pagonii i
dr., Zvonnitsa-MG, Moscow, 2000, pp. 356–363.
2
Christian Streit, Keine Kameraden: Die Wehrmacht und die sowjetischen Kriegsgefangenen
1941–1945 (1978), (Bonn: Verlag J.H.W.Dietz Nachf. GmbH), 1991.
3
Federalnyi Arkhiv, Federalnaia Sluzhba Bezopasnosti Rossiiskoi Federatsii, Ugolovnoe Delo Po
Obvineniiu Kerperta i dr. Arkhiv No K-99468, delo 159 (hereinafter cited as FA FSB, Arkhiv No
K-99468, delo 159). List/listy refers to the individual sheets of paper and their numbers in the
file (delo).
Dulag-205 125
to ensure the best treatment for their service personnel in German and
Japanese captivity. Red Army soldiers enjoyed no such legal protection
and derived no moral or practical succour from the hope that Soviet diplo-
mats and other agencies were actively trying to ameliorate their lot in
German captivity. Once captured by the German army, they were effec-
tively abandoned by the Soviet state. The Germans exploited them as
slave labor or simply allowed them to die of cold and exhaustion, espe-
cially in the 1941–1942 winter. Those Soviet soldiers who managed to
escape—and some did—could expect to be regarded with extreme suspi-
cion by the operatives of the NKVD, and after April 1943, SMERSH, on
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
4
A high priority is “the checking of military-service personnel and other persons who have been
in enemy captivity or encircled by the enemy”. See Section II, paragraph (e), ‘Polozhenie o
Glavnom Upravelenii kontrrazvedki Narodnogo Komissariata Oborony (“SMERSH”) i ego orga-
nakh na mestakh’, 21 aprelia 1943 goda. The full text of this decree is in A. N. Yakovlev, ed. et al.,
Lubianka: organy VChK-OGPU-NKVD-NKGB-MGB-KGB 1917–1991 spravochnik, in the series
“Demokratiia”, Rossiia. XX VEK, Dokumenty, Mezhdunarodnyi fond, Moscow, 2003, pp. 623–626.
5
See ‘Prikaz Stavki verkhovnogo glavnogo komandovaniia Krasnoi armii’, No 270, 16
avgusta 1941 goda’, Voenno-istoricheskii zhurnal, 9, 1988, pp. 26–28 and I. Stalin, ‘Prikaz
Narodnogo komissara oborony Soiuza SSR, No. 227, 28 iiulia 1942 g.’ in Voenno-istoricheskii
zhurnal, 8, 1988, pp. 73–75. This is the first time that the full text of both orders was published.
The Germans soon become aware of the savage penalties provided for by Order No 270. A few
days after the 16th August 1941, the German ambassador in Ankara, von Papen tried, through
a third party while making enquiries concerning the fate of German prisoners, to ascertain
whether it was true that Stalin had threatened the families of Soviet soldiers who were captured
by the Germans with repressive measures. See Keine Kameraden, p. 229.
126 F. Ellis
DULAG-205
6
FA FSB, Arkhiv No K-99468, delo 159, list 1.
7
FA FSB, Arkhiv No K-99468, delo 159, list 3.
Dulag-205 127
30,000 Soviet prisoners, Hilfswillige or Hiwis for short, who were work-
ing for the Germans in the Kessel. The possibility cannot be excluded that
they fell victim to instant retribution after the German surrender; that
these men were rounded up by the NKVD, shipped off to some location in
the steppe and executed en masse.
While it is entirely possible that spontaneous retribution fell upon these
Soviet soldiers after their capture, I am of the opinion that the key to the fate
of these Red Army men is to be found in the archives of SMERSH not the
NKVD. Retribution featured prominently in the work of both organisations,
as Körpert and his fellow officers were eventually to discover, but securing
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
8
FA FSB, Arkhiv No K-99468, delo 159, list 25.
9
FA FSB, Arkhiv No K-99468, delo 159, list 26.
10
FA FSB, Arkhiv No K-99468, delo 159, list 27.
11
FA FSB, Arkhiv No K-99468, delo 159, list 27.
12
FA FSB, Arkhiv No K-99468, delo 159, list 27.
128 F. Ellis
on the part of the Nazi administration: to argue that since the Soviet
Union had not acceded to the first Convention this, in effect, negated any
obligations that Germany had under the latter.16
Körpert was obviously unaware that the Soviet Union had refused to
ratify one of the 1929 Geneva Conventions. Stalin’s refusal to ratify both
1929 Conventions, thereby denying Soviet prisoners the protection of the
full range of internationally agreed norms helped to fuel German con-
tempt for Soviet soldiers, making it easier for all ranks in the German
army to justify their barbarity. German soldiers were able to convince
themselves that if the Soviet authorities were indifferent to the conditions
of their own men, then it was hardly incumbent upon the German Army to
worry about them either. On this latter point one can cite Major-General
Zolotarev’s assessment of the fate of Soviet prisoners in German captiv-
ity, which by comparison with the views prevailing throughout the Soviet
period, represents a remarkable volte-face:
Körpert admitted that two prisoners were shot and conceded that pris-
oners were harried by dogs, the latter concession prompting the following
question from his interrogator: “Which paragraph of the Geneva Conven-
tion envisages the method of ‘establishing of order’ among starving mili-
tary prisoners with the help of dogs?”18
The sequence of interrogations, as recorded in the file, now leads us to
Oberleutnant Mäder who was interrogated on 18 June 1943. Examining the
same ground as covered in Körpert’s interrogation, the SMERSH officer
obviously tried to identify contradictions and discrepancies in the officers’
testimonies which could then be used in subsequent interrogations.
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
18
FA FSB, Arkhiv No K-99468, delo 159, list 29.
19
Some support for Körpert’s extraordinary ignorance can be found in Oberleutnant Georg
Michael’s experiences in the Kessel. “Many officers told their subordinates nothing about being
surrounded (Even in January I came across officers who knew nothing about any “cauldron” and
still hoped to be the next in line for leave) and on the other hand by means of deliberately false
statements tried to raise morale. [ … ] Right from the beginning the mass of NCOs and soldiers
were not aware of just how serious the situation was.” Erfahrungen in den Wintermonaten innerh-
alb der Festung Stalingrad 1942/1943, (Bundesarchiv-Militärarchiv/RH 27–24/27).
20
FA FSB, Arkhiv No K-99468, delo 159, list 203.
130 F. Ellis
withheld vital and material information.21 Had Körpert and Mäder been
aware of the parlous state of rationing for German soldiers, they could
have argued that priority had to be given to the German infantry. They
could also have pointed out that such a decision would not have been
taken by them. Would the Red Army have behaved any differently in sim-
ilar circumstances? Mäder stated in his interrogation that von Kunowski
proposed shooting the starving Soviet prisoners. A solution that would,
one suspects, have received nods of approval from his Soviet opposite
numbers had the roles been reversed.
Mäder was interrogated again on 27 August 1943. He confirms the use
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
of dogs against the Soviet prisoners who were losing their minds through
hunger.22 The interrogator noted that in the previous interrogation Mäder
had referred to a number of “mutineers” (miatezhniki). Mäder was then
asked why they had caused problems (the interrogator would appear to be
using the results of Körpert’s interrogation against Mäder). Mäder
rejected the notion, advanced by Körpert, that prisoners were plotting
some kind of insurrection. Prisoners were shot, insisted Mäder, not
because they attempted to escape but because they had merely talked
about it.23 The following statement was especially damning for Körpert:
There was no trial of any kind, they [prisoners] were shot without any
trial on the order of Colonel Körpert. I am a lawyer by education and
I understand perfectly that this these shootings were illegal, simply
murder in fact.24
21
As early as September rations emerged as a factor in German morale. Major Menzel, a
staff officer attached to 6th Army Headquarters, noted that there was considerable bitterness
on the part of the infantry regarding what was to be perceived unfair distribution of rations
(Bundesarchiv-Militärarchiv/RH 20–6/213/174). Three months later, as stated in a staff report
dated 22nd December 1942, German soldiers are dying of starvation:
Situation with regard to health. Food for troops unsatisfactory to bad. Half rations
since the 26th November and since 8th December only 200 gr. of bread a day. Con-
sequently bodily strength weakening. The troops because of lack of bodily reserves
are unable to undertake long marches and assault operations without large numbers
dropping out. Since 21st November there have been 56 deaths in the Army’s area
which in the judgement of military doctors are directly due to the effects of the
ration situation. (Bundesarchiv-Militärarchiv/RH 20–6/238/5)
Von Paulus himself noted that captured German soldiers of the 44th Infantry Division were
making statements over Soviet radio about the lack of rations (Bundesarchiv-Militärarchiv/RH
20–6/240/77). Soviet military intelligence would have been very well informed concerning the
state of rationing inside the Kessel.
22
FA FSB, Arkhiv No K-99468, delo 159, list 67.
23
FA FSB, Arkhiv No K-99468, delo 159, list 68.
24
FA FSB, Arkhiv No K-99468, delo 159, list 68.
Dulag-205 131
At the same time as Körpert and his fellow officers were being interro-
gated, other SMERSH operatives were diligently gathering witness state-
ments from Soviet prisoners who had been in Dulag-205.
Now there is a specific Soviet context to the interrogations of these
men which must be borne in mind. The mere fact that they had been cap-
tured by the Germans rendered them objects of deep suspicion on the part
of the NKVD’s Special Sections and SMERSH. Their subsequent interro-
gation was not just an opportunity for SMERSH officers to gather evi-
dence which could be used against Körpert, it was also an attempt by
SMERSH to ascertain the circumstances of their capture and behaviour in
German captivity. Soviet soldiers who had been liberated from German
captivity and were then dragged through the gruelling rituals of NKVD/
SMERSH filtration were well aware of the Red Army’s attitude to those
who were captured.
In the interrogation record of Red Army soldier, Kirill Kirillovich
Pisanovskii who when captured by the Germans was serving in 883 Rifle
Regiment, 193 Rifle Division, we find the following entry regarding
his service history: “In the Red Army from 1939 to the day of his capture
on 28th October 1942.”27 The interrogator’s assumptions are clear:
25
FA FSB, Arkhiv No K-99468, delo 159, list 84. An acknowledgement from Mäder that
the German camp authorities were deliberately violating their obligations under the Geneva
Convention (No 2734) regarding the maintenance of hygiene and the provision of food, water
and warmth as stipulated in Articles 10, 11, 12, 13, 14 and 15.
26
FA FSB, Arkhiv No K-99468, delo 159, list 102.
27
FA FSB, Arkhiv No K-99468, delo 159, list 130.
132 F. Ellis
Red Army soldiers. Former prisoners of the Germans, these men had a
vested interest in painting as black a picture as possible so as to impress
their interrogators and so mitigate any perception that they had betrayed
the Motherland.
Another factor that must be taken into account is the possibility that
interrogators adapted the statements to suit their own purposes. They
were after all under enormous pressure to get results and one can assume
that the rules regarding the acquisition and use of evidence were some-
what flexible. There is a hint of such behavior in the witness statements.
In his testimony Red Army soldier Anatolii Alekseev stated that:
The use of “former” in this soldier’s testimony, with all its implications, is
suspicious. It is ideological jargon that would come naturally to an inter-
rogating officer but not a “former” soldier. Moreover it is the sort of
nuance that Red Army soldiers would miss and would probably not be too
willing to challenge when ordered to sign their statements.
The file contains the interrogation records of other Red Army soldiers
who had spent time in Dulag-205, Pisanovskii, already noted, Ivan Kosi-
nov, Konstantin Krupachenko, Stepan Kucheriaev and Anatolii Alekseev.
All the prisoners confirmed the exceptional filth and appalling conditions
in which they were kept, the general and arbitrary brutality employed by
the Germans and, as food ran out, the onset of cannibalism. One prisoner,
according to Pisanovskii, asked a guard for permission to relieve himself.
While the prisoner was squatting down, he was shot in the back of the
head by the German.29 In a subsequent interrogation (8 August 1943), in
28
FA FSB, Arkhiv No K-99468, delo 159, list 165.
29
FA FSB, Arkhiv No K-99468, delo 159, list 132.
Dulag-205 133
In all cases the Germans would shoot prisoners without any warnings at
all. In the month of October 1942 I personally saw up to 30 prisoners
shot. They shot people every day for falling behind to and from work,
and sometimes for breaking ranks. I am unable to give the surnames of
the prisoners shot by the Germans. Moreover, when we were herded
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
from the Alekseevka camp to the area of Karpovka village, then several
prisoners were shot dead by German officers for the fact that when we
were working we were bombarded by Soviet troops and several prison-
ers took cover. After the firing had stopped the officers came out of their
trench dug-outs and shot them on the spot. Three prisoners were shot
dead for taking some tobacco while working on a dump.30
In a corner behind the dugouts there was toilet – just an ordinary pit.
Guard duties were carried out by the Polizei, former soldiers of the
Red Army, mainly Ukrainians and German dog handlers […] The
guards were allowed to shoot without any warning at prisoners who
approached the barbed wire barrier, who tried to jump the queue for
food and at prisoners who tried to have a piss in the wrong place […]
In the camp the prisoners were fed horse meat, regardless of the state
of the flesh. The meat was cooked and every prisoner was given two
bowls of about half a litre of watery soup a day which had been made
with the horse meat, moreover there was not much meat. Hardly any
water or bread was given to the prisoners. The prisoners slept in the
dugouts without any bedding, jammed tight. The prisoners were never
able to rest since they had to sleep standing and sitting. There was not
room for everyone. Many lice came into the dugouts. Lice covered the
prisoners’ clothing and bodies and as a result of the bites the prisoners
had wounds and scabs on their bodies. There were no baths in the
camp. During my whole time in the camp – about 5 months – I did not
wash once. Prisoners did not wash themselves in the camp since there
was no water. As a result of such inhuman conditions which were cre-
ated in the camp some 10–15 prisoners died every day and in the last
days of December 1942 and the beginning of January 1943 the rate
was about 20–30 a day caused by famine, cold, the degrading and
30
A FSB, Arkhiv No K-99468, delo 159, listy 138–139.
134 F. Ellis
On about the 25th November 1942 while working on a road which led
to Gumrak three kilometres from the camp a group of prisoners of
about 50–60 was levelling and clearing the road. One prisoner whose
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
and:
31
FA FSB, Arkhiv No K-99468, delo 159, listy 144–145.
32
FA FSB, Arkhiv No K-99468, delo 159, list 145.
33
FA FSB, Arkhiv No K-99468, delo 159, list 145.
34
FA FSB, Arkhiv No K-99468, delo 159, list 160.
Dulag-205 135
I could not give you his surname but I know the German camp com-
mandant by sight, tall, stooping, thin and wore glasses, about 40–42
years old. He would always walk with a wooden stick and would mer-
cilessly torment the prisoners. He would force them to be harnessed to
a cart so as to remove the bodies of the dead prisoners. The senior
German in the camp was about 35 years old of medium height, broad-
shouldered and maintained order in the yard where I got my food. He
would walk about with a rubber whip on the tip of which there was a
metal mounting. He would beat the prisoners on the slightest pretext
for anything which seemed to him to be an infringement of camp
discipline.35
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
As 1942 moves to its conclusion and the cold starts to bite the domi-
nant theme in all the prisoners’ testimony is starvation and cannibalism.36
In fact one of the best sources is the testimony of Körpert himself, as can
be seen from the record of a later interrogation which took place on 19th
September 1944:
35
FA FSB, Arkhiv No K-99468, delo 159, list 164. There are photos of the German officers
in the file. None is shown wearing glasses (FE).
36
Responding to assertions on the part of German historians that German prisoners of war
resorted to cannibalism in Soviet camps, Zolotarev insists on a tough evidentiary standard: ‘To
meet the standards of scholarly proof regarding cannibalism one requires exclusively documen-
tary, convincing and irrefutable confirmation’. See Zolotarev, ed., Russkii Arkhiv: Velikaia
Otechestvennaia, vol 13(2), Nemetskie voennoplennye v SSSR 1941–1955 gg., Sbornik dokumen-
tov, Kniga pervaia, TERRA, Moscow, 1999, p. 9. The question here is whether the witness
statements of former Dulag-205 inmates and the circumstances in which they were compiled
meet the same standard. For Körpert and his fellow officers the rules of evidence were matters
of more than legal academic interest.
37
FA FSB, Arkhiv No K-99468, delo 159, list 43.
136 F. Ellis
I know of cases when the Red Army arrived on 22nd January 1943
and liberated us that corpses of prisoners were discovered with
smashed skulls from which the brains had been removed. The soft tis-
sue had been cut off the legs and the stomachs had been torn open, the
lungs and hearts removed.38
38
FA FSB, Arkhiv No K-99468, delo 159, list 165.
39
FA FSB, Arkhiv No K-99468, delo 159, list 182.
40
FA FSB, Arkhiv No K-99468, delo 159, list 184.
41
‘Dokladnaia zapiska V. Abakumova A. Vyshinskomu o zverskom otnoshenii nemetskikh
voennosluzhashchikh k sovetskim voennoplennym, 2 sentiabria 1943 g.’in Stalingradskaia
epopeia: Materialy NKVD SSSR i voennoi tsenzury iz Tsentral’nogo arkhiva FSB RF, Ya.
F. Pagonii i dr., Zvonnitsa–MG, Moscow, 2000, p. 363.
Dulag-205 137
The whole time I considered that the war with Russia was a great mis-
fortune for Germany.
I request that you remove me from the ranks of the arrested and return
me to the prisoners so that I can return to my homeland after the war.44
My service in the Dulag was a great spiritual torment for me. It was
dreadful to see the terrible condition of Russian prisoners.
I stand before the court at that time when the main culprits responsi-
ble for the death of 3,000 Soviet prisoners – Field Marshall Paulus, the
army’s chief-of-staff, General Schmidt, Lieutenant-Colonel Kunowski
and the army quartermaster – do not stand before the court. They are
not only guilty of the death of Soviet prisoners-of-war, but have put us
on the accused’s bench!45
The court session ended at 1430 hrs on 10 October 1944, the court proto-
cols running to some sixteen pages. In reaching their verdict the presiding
officers, Colonel Antonov (legal section), Major Ivanov (legal section)
and Captain Mazikin (legal section) made the following findings of fact:
42
FA FSB, Arkhiv No K-99468, delo 159, list 198.
43
FA FSB, Arkhiv No K-99468, delo 159, list 201.
44
FA FSB, Arkhiv No K-99468, delo 159, list 208–209.
45
FA FSB, Arkhiv No K-99468, delo 159, list 210.
138 F. Ellis
(i) that a camp intended for not more than 500 prisoners eventu-
ally held some 4,000 prisoners;
(ii) that at its best food consisted of scraps from the German
kitchens and sometimes horse flesh;
(iii) that the prisoners were beaten and terrorized by dogs;
(iv) that the prisoners, exhausted, starving, and ill were made to
do work on defences and shot by guards when unable to work
any more;
(v) that two prisoners were executed merely for having talked of
escape and that more than 3,000 Soviet prisoners died from
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
In 1998 the Körpert file was reviewed by the Head Military Prosecutor in
accordance with the provisions of the Russian Federation Law Concern-
ing the Rehabilitation of Victims of Political Repressions (1991, Articles
2 & 8).46 None of the officers was rehabilitated, since, as the Military
Prosecutor pointed out:
The file was not submitted to a court in so far as there was an absence
of declarations on the part of any interested parties and is to be
returned to the Central Archive of the Federal Security Service of the
Russian Federation.47
46
Zakon Rossiiskoi Federatsii o reabilitatsii zhertv politicheskikh repressii, 1991.
47
23 July 1998, memorandum attached to the file, p. 2.
Dulag-205 139
survived, even that he is still alive, with family and grandchildren cannot be
ruled out. One can well understand that any surviving relatives may well
take the view that the clock cannot be turned back; that Frister and the oth-
ers were casualties of war; that the dead should be left in peace.
Another consideration, and one of relevance for any rehabilitation pro-
cess, since it relates to the conduct of the Tribunal itself, is the legal opin-
ion expressed by the Senior Military Prosecutor of the Rehabilitation
Section, M. P. Likhodii, during the case review. He argued that the guilt
of the condemned was established by their statements and those of former
(!) Red Army soldiers. The conviction was, he concluded, “lawful and
justified.”48 That assertion is by no means clear, as we shall see.
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
“sworn enemies of Soviet power, consumed with hatred for the Soviet sys-
tem,” and recommends that they be shot.50
In 1997 an important collection of documents relating to the massacres
was published in Russia, supplementing those already published in
Poland.51 In the introduction to the Russian volume the authors record
instances of mass and arbitrary shootings of Polish soldiers which
occurred after the Red Army invaded on 17th September 1939 and which
predate the main massacres carried out at Katyn and other sites. For
example, immediately after the surrender of Grodno to the Red Army
some 300 of the Polish defenders were shot on the spot. In Poles’e 150
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
officers were executed without any trial and arbitrary executions were
carried out in at least 17 other sites.52 The authors state, incorrectly, that
the captured Polish officers were not protected by the Geneva Convention
since the Soviet Union had not signed it.53 Poland was one of the first
batch of signatories to both Geneva Conventions and the Soviet Union, as
we have seen, did eventually accede to the Convention for the Ameliora-
tion of the Condition of the Wounded and Sick in Armies in the Field.
As far as the treatment of Polish prisoners was concerned, the NKVD
decided quite deliberately to disregard the provisions of the Hague and
Geneva Conventions. This is revealed in a response to the head of the
Starobelsk camp, Captain Berezhkov, dated 10th November 1939.
Berezhkov had earlier requested a copy of the “doctors’ Geneva Conven-
tion” for guidance.54 In a terse reply from Moscow Berezhkov was left in
no doubt as to what jurisdiction should take precedence in dealing with
Polish prisoners: “The Doctors’ Geneva Convention is not the document
by which you should be guided in your practical work. In your work you
are to follow the instructions of the Directorate of the NKVD for Prison-
ers of War.”55 The basis for Berezhkov’s initial request is not stated,
though it seems likely that Polish prisoners, among whom were lawyers
and military doctors acquainted with the Geneva Conventions, had com-
plained to him, the camp commandant, who then sought guidance from
Moscow. The reference to “the doctors” ‘Geneva Convention’ may there-
fore be understood as referring to those parts of the Convention dealing
with medical matters.
50
KATYN: Documents of Genocide, p. 26.
51
A. N. Yakovlev, ed. et al., Katyn’: Plenniki neob”iavlennoi voiny, in the series
“Demokratiia”, Rossiia. XX VEK, Dokumenty, Mezhdunarodnyi fond, Moscow, 1997.
52
Katyn’: Plenniki neob”iavlennoi voiny, p. 14.
53
Katyn’: Plenniki neob”iavlennoi voiny, p. 15
54
Katyn’: Plenniki neob”iavlennoi voiny, p. 416.
55
“1939 g., noiabriia 10, Moskva. – Rasporiazhenie YPV NKVD SSSR A. G. Berezhkovu o
Zhenevskoi konventsii i neobkhodimosti rukovodstvovat’sia v prakticheskoi rabote direktivami
upravleniia,” Katyn’: Plenniki neob”iavlennoi voiny, p. 189.
Dulag-205 141
The Convention dealing with the wounded and sick imposes obliga-
tions on signatories to treat sick and wounded prisoners, and to allow
them to be treated. By no stretch of the imagination could the Convention
be interpreted to mean that sick and wounded prisoners are to be treated
but that healthy and sick prisoners can, at the discretion of the detaining
power, in this case the Soviet Union, be executed. Is this the ominous line
under consideration in Moscow and hence the irritated response to
Berezhkov?
The same policies of Sovietization, analagous to the Nazi policy of
Gleichschaltung, were implemented in the Baltic states. Forcibly incor-
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
porated into the Soviet Union in 1940, again under provisions of the
Non-Aggression Pact, Estonia and Latvia (and Lithuania) were purged of
hostile class elements. That Estonia and Latvia, and the invading power,
the Soviet Union, had signed the Convention meant nothing. The require-
ments of class war took precedence over any international obligations to
honour the Geneva Convention.
It is, I think, significant that the legal basis cited by the members of the
Tribunal in reaching their verdict in the Körpert case makes no reference
to any violations of the Convention for the Amelioration of the Condition
of the Wounded and Sick in Armies in the Field. Such an omission invites
speculation that the Soviet prosecutors were not exactly unaware of the
fact that were they to cite this Convention against the Germans that,
equally, it could be turned against the Soviet Union. The safe course was
not to cite the Convention at all. The legal instruments referred to in the
Tribunal’s verdict are exclusively Soviet: Article 1 of the Decree of the
Presidium of the Supreme Soviet of the USSR of the 19 April 1943; and
Articles 319 and 320 of the Criminal Procedural Code and the Decree of
the Presidium of the Supreme Soviet of the USSR of the 24 May 1944.56
The obvious point here is that two of the legal instruments which form
56
See Ukaz Presidiuma Verkhovnogo Soveta SSSR ‘O merakh nakazaniia dlia nemetsko-
fashistskikh zlodeev, vinovnykh v ubiistvakh i istaizaniiakh sovetskogo grazhdanskogo nasele-
niia i plennykh krasnoarmeitsev, sphionov, izmennikov Rodine iz chisla sovetskikh grazhdan i
ikh posobnikov’, 19 aprelia 1943 g and Ukaz Presidiuma Verkhovnogo Soveta SSSR, 24 maia
1944 g. These decrees are not included in Sbornik zakonov SSSR i Ukazov presidiumov
Verkhovngo Soveta SSSR (1938–iiul’ 1956 gg.), Gosudarstvennoe izdatel’stvo iuridicheskoi lit-
eratury, Moscow, 1956. Such omissions would be consistent with Stalin’s habit of restricting
the circulation of documents to the higher levels of command and disseminating the contents
to lower subordinate formations in either bowdlerized form or orally. This was the procedure
adopted with Orders No 270 and No 227. As Christian Streit has pointed out, written copies of
the Kommissarbefehl were confined to Army headquarters (see Keine Kameraden, p. 49). The
scope of the decree promulgated on 19th April 1943, but not the contents, is cited in A. G.
Bezverkhnii, ed., SMERSH: Istoricheskie ocherki i arkhivnye dokumenty. (Moscow: Izdatel’stvo
Glavarkhiva Moskvy, 2003), p. 73.
142 F. Ellis
the basis of the indictment were promulgated after the crimes were com-
mitted, a point that Mäder highlighted during the final hearing:
The Criminal Procedural Code used in the Körpert case was reissued in
1947 and includes amendments up to 1st November 1946.58 Articles 319
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
and 320 deal with the specific procedures to be adopted in sentencing, but
other Articles have a direct bearing on the case. For example, Article 2
states that criminal behaviour and any punishment shall be determined in
accordance with the law in force at the time the crime was commissioned.
Only laws which remove a criminal sanction shall have retrospective
force. Now this is the very point—and one that is clearly critical—made
by Mäder. As a matter of fact the alleged crime occurred after the laws
were enacted. Nor do these legal instruments have retrospective force.
The provisions of the Criminal Procedural Code support Mäder not the
Tribunal. The chances are that a German translation of the Code was not
available or that the provisions of the Code were not indicated to Mäder
through a competent interpreter. This hardly constitutes respect for due
process.
According to Article 319, the court verdict shall be based exclusively
on the evidence presented at the hearing. An obvious point here is the
absence of photographic evidence in the case file, a remarkable omission
given, one assumes, the evidence which would have been readily avail-
able and preserved at the time the Red Army took control of Dulag-205 at
the end of January 1943.
In none of the Articles (162–174) dealing with the interrogation of wit-
nesses and experts do we find any provision for a defense counsel (zash-
chitnik) to be present during an interrogation or for the accused to have
access to the files and records of interrogation. Likewise, Articles 57–76,
which deal with evidence, and Articles 77–81, which deal with the man-
ner of keeping records, have nothing to say on either the defendant’s or
his zashchitnik‘s access to the file. Article 59 refers to the “procedure
of collecting, storing and inspecting of material evidence and written
57
FA FSB, Arkhiv No K-99468, delo 159, list 209.
58
Ugolovno-protsessual’nyi Kodeks RSFSR, ofitsial’nyi tekst s izmeneniiami na 1 noiabria
1946 g. i s prilozheniem postateino-sistematizirovannykh materialov, IUridicheskoe izda-
tel’stvo Ministerstva IUstitsii SSSR, Moscow, 1947.
Dulag-205 143
documents” and later Articles (66, 67, 68, 70, 71) deal in some detail with
these artifacts, yet omit any corresponding detail regarding “written docu-
ments.” Stipulations to thwart tampering with evidence, indeed, any rec-
ognition that this might be a serious consideration, are absent. One
particular anomaly must be highlighted. Article 57 forbids the use of an
oath as evidence yet raises no concerns over documentary evidence the
veracity of which relies exclusively on a witness’s signature, his written
oath, as it were.
One is also entitled to question a verdict that relies on prisoners’ state-
ments to achieve a conviction. In view of the conditions of their captivity
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
and the very nature of the Soviet Union, a totalitarian, closed state in a
struggle for survival against an equally ruthless enemy, assurances that
the German officers would be allowed to summon witnesses strike one as
utterly cynical. Nor are they worth much. For example, an investigator
can refuse to hear expert witnesses if this means that the case will be
unduly prolonged (Article 169).
Körpert and his officers had no real chance of mounting an effective
defence, something that Mäder, a lawyer by training hinted at. There is no
evidence in the file that violent and coercive methods were deployed
against the Germans—beatings, sleep deprivation, relay interrogations—
yet given that the NKVD and SMERSH used such methods we are not
entitled to give these organizations the benefit of the doubt in this case.
Such behavior is well documented and not in dispute. Nor can the possi-
bility be discounted, as noted above, that some of the German captives
were being prepared for a show trial, a standard Soviet procedure, which
might have influenced their testimony. Abakumov’s memorandum to
Vyshinksii, the same judge, it should be recalled, who presided over the
show trials in the 1930s, should also be borne in mind.
A key point here is whether the German camp staff, who probably did
encourage or permit arbitrary and brutal treatment of individual Soviet pris-
oners, can be held responsible for the ensuing famine. During the Tribunal
hearing Seidlitz argued that there were three options for saving the prisoners:
another reason, one among many, why the Soviet Union did not accede to
the Convention Relative to the Treatment of Prisoners. Article 46 of this
Convention expressly prohibits collective penalties for individual acts.
The Soviet Union, according to one view, did not accede to the Con-
vention Relative to the Treatment of Prisoners because “the document
dispensed with any form of punitive measures with regard to prisoners”
and, secondly, because the document “accords a privileged position to
captured officers.”60 Stalin’s regime preferred to be bound by the Hague
Convention since it was less prescriptive regarding the treatment of pris-
oners. Moreover, at the time when the question of the Soviet Union’s
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
accession to this Convention was back on the Soviet agenda, Stalin had
just prepared and was about to issue an order [No 270], “which would
soon declare almost all Red Army soldiers and commanders who ended
up in enemy hands to be traitors and betrayers of the Motherland.”61
Much more in the Convention Relative to the Treatment of Prisoners
would have made it unacceptable to the Soviet Union. For example, Chapter
4 provided for the intellectual and moral needs of prisoners of war which
would have been most unwelcome. Freedom of conscience—required by
Article 16—was of course absent in the Soviet Union, so a situation would
have arisen in which prisoners of war under the control of the Red Army
would have enjoyed greater freedoms than their captors(!). Likewise Article
17 instructs signatories that belligerents are to encourage “intellectual and
sporting pursuits by the prisoners of war.” Given the way the Red Army and
NKVD formations behaved in Poland and the Baltics, then Article 46 would
have posed a legal challenge for the execution of Körpert et al.: “Prisoners of
war shall not be subjected by the military authorities or the tribunals of the
detaining Power to penalties other than those which are prescribed for simi-
lar acts by members of the national forces.” In other words, if the NKVD and
Red Army can execute Polish officers and escape punishment, there would
be no basis for executing Körpert and his officers. This idea is reinforced in
Article 63: “A sentence shall only be pronounced on a prisoner of war by the
same tribunals and in accordance with the same procedure as in the case of
persons belonging to the armed forces of the detaining Power.” Sentences
involving the death penalty were often carried out immediately or with very
little delay (as in the case of Körpert et al.) with no right of appeal which
would have been violations of the Convention. Any death sentence must not
be carried out before the expiry of “at least three months” (Article 66).
60
Major-General Zolotarev, ed., Russkii Arkhiv: Velikaia Otechestvennaia, vol. 13(2), Nem-
etskie voennoplennye v SSSR 1941–1955 gg., Sbornik dokumentov, Kniga pervaia, TERRA,
Moscow, 1999, p. 14.
61
Major-General Zolotarev, ed., Russkii Arkhiv: Velikaia Otechestvennaia, vol. 13(2), Nem-
etskie voennoplennye v SSSR 1941–1955 gg., Sbornik dokumentov, Kniga pervaia, TERRA,
Moscow, 1999, p. 14.
Dulag-205 145
“… fully to observe all the rules and statutes on the strength of Article
82 contained therein, which establishes that during war that if one of
the belligerents is not a signatory to the Convention the statutes
thereof shall nevertheless remain obligatory as between the belligerent
countries which participate in the Convention.”63
62
‘Otvetnaia nota narkomata inostrannykh del SSSR posolstvu SShA v Sovetskom soiuze s
raz’iasneniem pozitsii v otnoshenii zhenevskoi konventsii 1929 g., 25 noiabria 1941 g.’ Zolo-
tarev, ed., Russkii Arkhiv: Velikaia Otechestvennaia, vol. 13(2), Nemetskie voennoplennye v SSSR
1941–1955 gg., Sbornik dokumentov, Kniga pervaia, TERRA, Moscow, 1999, p. 33.
63
Russkii Arkhiv: Velikaia Otechestvennaia, vol 13(2), Nemetskie voennoplennye v SSSR 1941–
1955 gg., Sbornik dokumentov, Kniga pervaia, TERRA, Moscow, 1999, p. 34.
64
Russkii Arkhiv: Velikaia Otechestvennaia, vol 13(2), Nemetskie voennoplennye v SSSR 1941–
1955 gg., Sbornik dokumentov, Kniga pervaia, TERRA, Moscow, 1999, p. 34.
146 F. Ellis
German soldiers and aware that such things had occurred in the Red
Army, a determined and aggressive defense counsel could have turned the
tables on the prosecution.
CONCLUSION
Even now, many decades after the end of World War Two, one detects a
reluctance on the part of German veterans to acknowledge the complicity
of the Wehrmacht in the abominable treatment of Soviet prisoners of war.
In, for example, Blood Red Snow: The Memoirs of a German Soldier on
Downloaded by [Pennsylvania State University] at 03:27 16 May 2013
67
Günter Koschorrek, Vergiß die Zeit der Dornen nicht (1998), published in English as Blood
Red Snow: The Memoirs of a German Soldier on the Eastern Front, translated by Olav R. Crone-
Aamot. (London: Greenhill Books, 2002), p. 229.
148 F. Ellis
ever incomplete, flawed, and arbitrary Soviet justice meted out to Körpert
and his officers is, it nevertheless obeys the logic of the total war initiated
by the Nazis themselves. Could it have been otherwise?