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DENAZIFICATION
the evidence available, and Military Government had seen that, in spite of
the
mandatory charge provisions, the tribunals had based their findings upon
evidence of
activity during the-Nazi regime and not solely upon rank in the Nazi party
or member-
ship held. One other problem was that of the "followers", who had
not been included
in the amnesties and who continued to insist on early trials so they would
not be
compelled to remain in positions of ordinary labor. Therefore, in October
1947 when
the German Land Governments presented amendments to correct these two points
and
thereby expedite the processing of chargeable cases, they were approved by
Military
Government.
These amendments provided that the charges previously required for offender
and
lesser offender would no longer be mandatory for those persons who were not
members
of organizaticns which had been found criminal by the International Military
Tribunal
and against whom there was no evidence of activity in the Nazi party other
than mem-
bership; that persons chargeable as followers under the law might resume
all posi-
tions'prior to their appearance before a tribunal except certain key posts;
and that
tribunals would have discretion in setting the length of probation for lesser
offenders, previously set at a minimum period of two years.
The amendments did not change the basic objective of denazification, which
con-
tinued to be the seeking out and punishing of the real offenders of the Nazi
regime.
They did permit, however, charges to be made in accordance with the actual
evidence,
and not merely in accordance with the mandatory provision of the law. In
addition,
persons who were subject to charge as followers could resume positions other
than
ordinary labor pending trial. Finally, a discretionary factor was approved
in set-
ting the probation term for a lesser offender, in view of the penalties under
which
he had been already placed since the passage of the law. These penalties
included
exclusion frao all jobs other than ordinary labor, blocking of property,
and limita-
tion on rights of citizenship.
While there was an understandable delay in establishing the techniques under
which the implementation of the amendments was to be effected, the results
of the
amendments are clearly evident in the operations in December 1947 and in
the follow-
ing months.
MONTHLY COMPARISON OF CHARGEABLE CASES COLPLETED BY DENAZIFICATION
TRIAL TRIBUNALS
October 1947 - March 1948, and Cumulative as of 31 March 1948
Bavaria, Wuerttemberg-Baden, Hesse
Total Cases             Amnestied without     Trials Completed
Month             Completed                    Trial during       during
Month-
during MonthMonth
October 1947              52,935                       7,229            
 45,708
November                  53,t022                      8,411            
 43,9611
December                 177,213                     107,224            
 69, 989
January 1948             133,686                      75,641            
 58,045
February                 114,229                      71,987            
 43,142
March                    128,252                      84,703            
 43, 549
Cumulative as of_
31 March 1948          2,899,490                   2,155,742            
743,741
Chargeable Caser
to be Completed as
of 31 March 1948         351,998
During the months prior to December 1947, the uncompleted workload of chargeable
cases had been reduced at an average monthly rate of approximately 50,000.
   In Decem-
ber the workload was reduced by 177,213 cases, 117,870 of which were subject
to the
new expediting process made possible by the amendments.
An inventory of oases still to be completed was made in January 1948 which
APRIL 1948
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