of Rawa Ruska during the German occupation period with no other non-German ethnic-composed police present (dep. 2 at 61, 80).
The Court will take judicial notice of the historical fact that, throughout the 1942 to 1945 period, Germany was also at war with the Soviet Union and engaged in massive military operations involving hundreds of thousands of military personnel and obviously placing a higher priority for the deployment of German personnel on the battlefield than in carrying out rear-guard civilian control in occupied areas.
The Court, therefore, fully concurs with the expert opinion of Dr. Hilberg that it would have been "inconceivable," based on reasons of administrative necessity, for the Germans to not have depended on the Ukrainian police in the town of Rawa Ruska, as they had throughout the Galacia region, in carrying out their plan to assemble, imprison in the ghetto, force into labor, guard and transport to Belzec and elsewhere thousands of Jews (N.T. 1-117). It would be totally unreasonable to infer from all of this that only a minor contingent of German police, S.S. and Gestapo could have by themselves carried out these deeds to which numerous witnesses have testified, including Osidach.
Osidach has asserted in response to this compelling conclusion that, while it is true the Germans could not have instituted and implemented their acts of persecution alone, they were assisted not by the Ukrainian police but by the "Jewish order police."
(ii) The Jewish Order Police
The Jewish order police were drawn from the same persons whom the Germans intended to exterminate throughout Europe so that eventually the world would be "Jew free," without exception. The Jewish police, Osidach stated, did not carry weapons but only large sticks and were not uniformed (dep. 2 at 70). These are the same Jewish police that Osidach alleges were involved in duties that took them outside the ghetto and often outside the town itself to work sites guarding fellow Jews (dep. 2 at 59, 69-70).
The status of the Jewish police must be compared with that of the Ukrainian police in Rawa Ruska. Osidach admits that the Ukrainian police, whom the Germans allegedly "did not trust" were organized (N.T. 2-171; dep. 2 at 15); many were trained over a three-month period in "military training" to "keep order in the city" and to enforce the laws of Rawa Ruska "to apply to the people" (dep. 2 at 36, 37, 38; N.T. 2-172 to 176); were supervised (dep. 2 at 18, 41, 72-73); paid (dep. 2 at 24); and, given uniforms and uniform allowances (dep. 2 at 24, 29-31) all by the Germans. Furthermore, the Germans supplied the weapons and taught the Ukrainian police, including Osidach, how to use them, which they freely were authorized and expected to carry and display daily on the streets of Rawa Ruska (N.T. 2-173, 174; 3-4, 20; dep. 2 at 36, 37, 42, 43, 44, 61, 62). Finally, the Ukrainian police were engaged by the Germans as a full-time contingent force whose activities required their daily deployment on the streets of the town (N.T. 3-16, 18; dep. 2 at 43, 44, 45). Revealingly, Osidach corrected the record by stating that the name was not really Ukrainian police but Ukrainian "hiffspolizer," which he translated to mean "Ukrainian helping police or auxiliary helpers" (dep. 2 at 41; see also N.T. 4-80 to 82). Osidach stated that the Ukrainian police were "depended on" by the German gendarmes (dep. 2 at 72-73). These were the same German gendarmes that he stated guarded Jews going to and at the Rawa Ruska railway station, participated in the actions and generally enforced the laws applicable to the Jews (N.T. 3-28, 30; dep. 2 at 65).
Finally, the Ukrainian police, Osidach testified, were "only to help Ukrainian people" because if the Polish police had been in charge it would have been "very bad for the Ukrainian population" in Rawa Ruska (dep. 2 at 80; see also N.T. 2-163). In that vein, Osidach described WW II as a war between Poland and Germany (dep. 2 at 56). Osidach, as a member of the OUN, had admittedly been arrested by the Poles for his nationalist activities. WW II was also a war between the Soviets and Germans. Osidach was chosen as commandant of the Ukrainian militia precisely because he was a nationalist Ukrainian (N.T. 2-163). Osidach admits that he was fleeing from the Soviets when he left Rawa Ruska in 1944 (Ex. P-27 at 8). Therefore, one further revealing factor is that the Ukrainian police, composed exclusively of Ukrainians (N.T. 2-171), and the Germans shared common enemies during WW II the Poles and the Soviets.
Osidach has referred the Court to the testimony of three witnesses which he claims support his contention that the Jewish order police, and not the Ukrainian police, assisted the Germans in acts of persecution against civilians. All these witnesses were Soviet videotape witnesses, which raises the evidentiary difficulties Osidach has so forcefully raised before. See n. 22 supra.
S. D. Bakai testified that he saw Jewish police with sticks escorting Jewish laborers to their jobs on the streets of Rawa Ruska (dep. at 67). Bakai also stated that the Ukrainian police guarded "all people" in the town of Rawa Ruska (dep. at 63). Furthermore, when asked whether the Jewish police carried weapons, he candidly stated, "Who would give a Jew a rifle?" (dep. at 67).
Witness I. P. Vitko testified that the Jewish police guarded the entry road to the ghetto (dep. at 16). Osidach also objects in his findings of fact that Vitko's deposition demonstrates the interpretation problem occurring throughout the Soviet videotape depositions, at P 39. Vasil O. Ostap testified that he saw Jews performing labor outside the ghetto and they were guarded by Germans and Jewish police (dep. at 17-18, 20, 22). Later, when the witness was asked whether he remembered anyone else guarding those same he stated, "I can't recollect this. Probably they (Ukrainian police) were there. Because it was just next to the police station, Ukrainian police station." (dep. at 19).
The point that must be made, in light of Osidach's defense, is that there is no dispute based upon the testimony of the Government's own witnesses that a Jewish order police (Judenrat) actually existed in the town of Rawa Ruska from 1941 to 1943 (see N.T. 4-104 to 108, 147-149; 6-54, 55, 108, 109, 125). There is also no dispute that the Jewish order police were ordered by the Germans to perform certain duties including the recruitment of Jewish laborers in the ghetto (N.T. 4-104 to 108, 147 to 149).
That, however, does not in itself support Osidach's defense, because the question is really not whether the Jewish police assisted the Germans in persecuting civilians, but whether the Ukrainian police also assisted the Germans in those same acts. Not one witness to which the defendant refers testified that the Jewish police assisted the Germans and the Ukrainian police did not.
In that regard, the Court finds the testimony of Philip Langer particularly compelling in showing the apparent tripartite structure that existed in Rawa Ruska from 1941 to 1943 between the Germans, the Ukrainian police and the Jewish police. He testified:
Q After the Germans came into Rawa Ruska, how were you employed?