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THE DETROIT JEWISH NEWS
Friday, May 1, 1982.
Old Legal Hitch Prevents Nazi's Trial in West Germany
By PETER HENKEL
(Editor's note: This re-
vealing article was first
published in German in
the Koelner Stadt - Anzei-
ter. It is reprinted from
the German Tribune of
Hamburg where it ap-
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An SS officer who was too
brutal for the SS and who
according to evidence,
played the harmonica while
Jews were slaughtered on
his orders, cannot be prose-
cuted.
He was sentenced to 10
years by an SS court in
1943. No one can be prose-
cuted twice for the same of-
fense, according to the Basic
Law of the 1949 Bonn con-
stitution.
Yet his SS conviction was
not because of the actual
killings. It was because he
had been excessively brutal
in carrying out the
slaughters and because-.he
had taken photographs of
murder and torture. He was
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in 1945 personally par-
doned by Himmler.
Untersturmfuhrer Max
Taub,ner,- 71, is still alive,
although ill in Bavaria.
There have been at-
tempts to bring him to
justice since 1959, but
these have failed on the
legal point.
According to evidence in a
Stuttgart war crimes trial,
Taubner led an SS vehicle
maintenance squad on a
tour of the Ukraine, killing
Jews.
Out of hatred for the Jews
and loyalty to Hitler and
Himmler, he had wanted to
kill 20,000.
He reached nearly 1,000
and prided himself on
photos of torture and mas-
sacre.
Now some of Taubner's
junior officers are in the
dock in Stuttgart.
Johann Hermann, 65, is
one of the accused. He
seems overcome by
shame when mention is
made of one, incident in
which he took part in
1941 in the Ukraine.
He shot from behind, a
shot aimed at the heart, a
Jewess standing on the edge
of a mass grave. A number
of his comrades aimed at
their victims' heads.
All the victims, mainly
women and children, had
been beaten and humiliated
before they died.
The SS felt Taubner had
overstepped the mark. He
was arrested. In 1943
Taubner, an engineer, was
sentenced to 10 years' im-
prisonment by an SS court
in Munich.
The Munich • court
ruled that the Jews who
died were no loss to man-
kind but that Taubner
had allowed his men to
behave in a crude and
unsoldierly manner and
thus failed in his duty as
an officer.
His behavior, the bench
said, was altogether unbe-
fitting of a man of honor.
In the Stuttgart case he
was merely questioned at
his home by the examining
magistrate.
Taubner, who was seri-
ously injured in active serv-
ice after his pardon, claims
as a result of his injury to be
virtually unable to recall
anything that happened to
him between 1937 and the
end of the war.
Hermann is saying
nothing to the Stuttgart
trial — on his counsel's
advice. He was only a
minor, • peripheral
member of the 30-man
squad whose role was in
fact merely to service the
vehicles of the 1st SS
Brigade.
The main accused, Hein-
rich Hesse, is said to have
been Taubner's deputy and
one of his four or five cronies
who invariably joined him
on his gruesome missions
Dignity of position adds to
dignity of character, as well
as to dignity of carriage.
Give us a proud position,
and we are impelled to act
up to it.
—Bovee
Hesse had a heart attack
in 1974. He is a pale figure,
70, and only fit to give evi-
dence for a few hours at a
time.
officers,
intervened. associated Hesse admitted
They were unable to to the court:
stand the screams of the
"I regret to say that I was
bruised, battered and dy- used to saying eyes sir,' and
carrying out orders."
ing.
The following day Hesse
By and large, ex-SS
is said, on orders from Hauptscharfuhrer Hesse
Taubner, to have shot a does not deny having com-
number of survivors. He mitted the offenses of which
then claims to have asked a he is accused.
superior officer whether
Yet with a gesture of de-
more humane methods of fiance Hesse is also on re-
killing might not be used.
cord as having said that
In connection with an- under Taubner he had
other mass execution of 30 learned what it was to carry
Jews with which he was out orders properly.
He, Taubner and others
are alleged to have beaten
and shot to death a group of
Jews in a potato cellar in
Alexandria. They are said
to have swung clubs at their
victims' genitals.
This massacre was only
brought to an end when
other soldiers, and not
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