For the purpose of performing an official investigation of the scene of the crime, Judge Lukaszkiewicz had gone to Treblinka. As he later explained, he acted206 "[…] at the request of the State Prosecutor of the District Court in Siedlce of September 24, 1945, further induced by a letter of September 18, 1945, of the Main Commission for the Investigation of the German Murders in Poland."
After bidding farewell to the visitors, Lukaszkiewicz set to work with a group of workers. Between November 9 and 13, he undertook a thorough examination of the grounds as well as a series of excavations. Afterwards he composed an official protocol, which we reproduce in full in view of its significance:207
"Protocol of the tasks performed on the grounds of the death camp Treblinka, which forms the object of the judicial examination.
From November 9 to 13, 1945, the examining magistrate of Siedlce, Z. Łukaszkiewicz, together with the State Attorney for the District Court of Siedlce, J. Maciejewski, performed the following tasks on the camp grounds:
November 9, 1945
Excavations were begun on the grounds using the services of 20 workers who had been mustered by the village administration for carrying out roadwork. The excavations began at the location described by the witness Rajzman on November 6, where the so-called ‘camp hospital’ had stood and where, according to the witness, a mass grave is supposed to exist.
Since a bomb crater 4 to 5-meter deep is present at the said location – two bombs still lie at a slight distance from this crater – the digging was begun in this crater. In the course of this work numerous Polish, as well as Russian, German, Austrian, and Czech coins as well as broken pieces of various kinds of containers were discovered. At the end of the work, at approximately 3 pm, at a depth of 6 meters, we encountered a layer which had not been reached previously. There were no human remains found.
November 10, 1945
The work was continued, with 36 workers assigned who had been commandeered for roadwork. At a depth of 6 meters begins a layer which has never before been uncovered by anyone. It consists partly of all sorts of kitchen utensils and different kinds of household objects; there are also pieces of clothing. At a depth of 7 meters, we reached the floor of the pit – a layer of yellow sand which is not mixed with gravel. By means of expansion of the excavation we succeeded in determining the shape of the pit. It has sloping walls, and the bottom measures about 1.5 meters [sic!]. The pit was presumably excavated with an excavator. During the course of the excavations, numerous more or less badly damaged Polish documents were discovered, further a badly damaged personal identity card of a German Jew, as well as several more coins: Polish, German, Russian, Belgian, and even American. After we had made certain that this pit, filled with broken pieces of the containers mentioned, ran in a north-south direction on the grounds of the camp area – 2 meters more [in a northerly direction] had been excavated – the workers started work at this location.
November 11, 1945
A series of test excavations were performed at the place where the [gas] chambers had to have been located, in order to find their foundation walls if possible. Pits 10 - 15 meters in length and 1.5 meters deep were dug. Undisturbed layers of earth were uncovered by this.
The largest of the craters produced by explosions (numerous fragments attest to the fact that these explosions were set off by bombs), which is at maximum 6 meters deep and has a diameter of about 25 meters – its walls give recognizable evidence of the presence of a large quantity of ashes as well as human remains – was further excavated in order to discover the depth of the pit in this part of the camp. Numerous human remains were found by these excavations, partially still in a state of decomposition.[208] The soil consists of ashes interspersed with sand, is of a dark gray color and granulous in form. During the excavations, the soil gave off an intense odor of burning and decay. At a depth of 7.5 meters the bottom was reached, which consisted of layers of unmixed sand. At this point the digging was stopped here.
November 13, 1945
With the assistance of 30 workers employed for roadwork, the opening of a pit was begun – a site where refuse was deposited in the northeastern section of the camp. In this location, as the workers from the nearby hamlets explained, a very large number of documents were found up till now. Work was begun at this location where the people [of that area] had dug a three-meter-deep pit in a search for gold. During the course of the digging, broken pieces of all sorts of kitchen containers as well as a large number of rags were continually found. Aside from the coins discovered so far, Greek, Slovakian, and French ones were found, as well as documents in Hebrew and Polish and remnants of a Soviet passport. At a depth of 5 meters the work was stopped due to the steadily worsening weather conditions.
The Examining Judge The State Attorney
Lukaszkiewicz Maciejewski
Decision:
The Examining Judge of Siedlce, on November 13, 1945, rules in consideration of the fact that with great probability no mass graves are any longer to be found on the grounds of the former camp today, as is to be concluded from the witness testimonies examined so far and from the results of the works carried out at the site, and in consideration of the oncoming autumn, the present rainfall and the necessity of a rapid conclusion of the judicial preliminary investigations, in view of all these facts to stop the work on the territory of the former death camp Treblinka.
The Examining Judge
Lukaszkiewicz."
On December 29, 1945, after the conclusion of his preliminary investigations, Lukaszkiewicz issued a protocol with 14 paragraphs, which – as already mentioned – was presented by the Soviets at the Nuremberg Trial as Document USSR-344. In the third paragraph, which bears the title "Current condition of the camp terrain", it says the following:209
"With the assistance of an expert land surveyor and witnesses, I made an exact inspection of the terrain. According to the measurements, the area of the camp is approximately 13.45 hectares and had the shape of an irregular quadrilateral. No remnants of facilities of the former death camp exist any longer. The only things that remain of the structures are: a ditch with remains of burned wooden poles protruding up, which lead into the cellar, wall bricks from the foundations of the camp’s domestic economics building and the site of the well. Here and there one finds traces of the burned-out wooden poles of the fence and remains of barbed wire. There are also some sections of paved walks that remain. Nonetheless, there are still other traces that hint at the existence and functions of the camp.
In the northwestern section of the area, the surface is covered for about 2 hectares by a mixture of ashes and sand. In this mixture, one finds countless human bones, often still covered with tissue remains, which are in a condition of decomposition. During the inspection, which I made with the assistance of an expert in forensic medicine, it was determined that the ashes are without any doubt of human origin (remains of cremated human bones). The examination of human skulls could discover no trace of« wounding. At a distance of some 100 m, there is now an unpleasant odor of burning and decay. In the southwestern direction, a portion of the camp terrain is covered by aluminum – enamel – glass and porcelain dishes – kitchen utensils – hand luggage – rucksacks – pieces of clothing, etc. There are innumerable holes and craters on the property."
Lukaszkiewicz summarized the investigations carried out a month earlier at that location as follows:210
"During the work on the terrain, I found no mass graves, which, in connection with the statements by the witnesses Romanowski and Wiernik, leads to the conclusion that nearly all of the bodies of the victims were burned, all the more so since the camp was liquidated early and the murderers had much time. The ground of the camp was ploughed and sown. Ukrainians were settled there, who fled before the arrival of the Red Army (witnesses Kucharek and Lopuszyński)."
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