Re Zühlke [Holland, Special Court of Cassation, Second Chamber.]

• Jurisdiction: Holanda
• Docket Number: Case No. 158
• Date: 06 Diciembre 1948
• Court: Special Criminal Court (Netherlands)

Holland, Special Court of Cassation, Second Chamber.

Case No. 158

In re Zuhlke.

Prisoners of War — Refusal of Religious Ministrations to Prisoner Condemned to Death — War Crimes and Crimes against Humanity.

The Facts.—See Case No. 122. The accused, a German prison warder, was also charged with having refused facilities for religious ministrations to a prisoner condemned to death, but had been acquitted on this count by the Court below. On appeal by the Procurator-General,

Held: that the acquittal on this count must be upheld. In general, refusal to admit a clergyman or priest to a person awaiting execution of his death sentence constituted a war crime as well as a crime against humanity. The Court below, however, had found that on the...