served as camp guards approximately every fourth or fifth day,
supervising the prisoners at the work sites and performing
other guard duties to prevent escapes. Guards were instructed
to keep alert and were told to warn and then shoot to kill any
prisoner attempting to escape.
Although it appears that the SS guards were not directly
responsible for the punishment of the camp prisoners and their
onerous work schedules, the guards were nevertheless aware of
the prisoners' cruel treatment. Schellong testified that he
witnessed at least two floggings of prisoners while at
Sachsenburg, and that he personally took turns checking on
prisoners being held in solitary confinement at the camp.
Furthermore, the guards were aware of the work detail of hard
labor assigned to the prisoners, including shoveling sewage,
breaking rocks, and hauling stones.
In late November 1936, Schellong was transferred to the
Dachau Concentration Camp, where he was assigned to the 7th
Death's Head Company of the Death's Head Unit
"Oberbayern."*fn2 Between December 1936 and December 1939,
when Schellong left Dachau, the defendant commanded the Second
Platoon of the 7th Death's Head Company, the 11th Death's Head
Company, and the 9th Death's Head Company, all of which were
rifle companies that performed guard duty at the camp. The
defendant's responsibilities at Dachau included training new
recruits, preparation of the duty roster of guards, and the
supervision of the guards under his command. Similar to the
operation at Sachsenburg, Schellong's men performed their
guard duties on a rotating basis, manning the watchtower,
guarding the gate, and supervising the forced labor detail.
The defendant was promoted twice during his term at Dachau, to
First Lieutenant in April 1937, and to Captain in August 1939.
Although there was some testimony that SS guards
occasionally participated in the punishment of prisoners at
Dachau, and also some testimony that the guards in at least
one of Schellong's units were reputed to be among the most
abusive guards in the camp, no evidence was presented that
Schellong personally beat or physically abused any prisoner at
Dachau. Schellong admitted, however, that he was aware of the
inhuman treatment of the prisoners he guarded — the forced
labor, the living conditions, and the punishment. In a
volunteered understatement, the defendant testified that he
knew that Dachau was not a "nice place to be," and that the
punishment of prisoners and their living and work conditions
were "not a nice subject."
In late 1939, as the German war effort mounted, the
prisoners at the Dachau Concentration Camp were temporarily
reassigned to other camps so that Dachau could be used for
actual military training of the SS Death's Head Units. At that
time, the various Death's Head Units were consolidated into a
single military organization and became, in effect, a distinct
and separate branch of the German armed forces. The name given
to that military organization was Waffen SS, which translated
literally meant "armed SS." Prior to 1939, no organization by
that name existed. At no time was the Waffen SS considered a
part of the German Army.
The record shows that the defendant served with the 6th SS
Death's Head Regiment of the Waffen SS in Norway until 1941,
when he was transferred to the eastern front for the remainder
of the war. Schellong in November 1942 was promoted to Major
of his unit in the Waffen SS, and by the end of the war, held
the rank of Lieutenant Colonel.
II. The Defendant's Visa and Citizenship Applications.
On December 3, 1956, the defendant filed an "Application for
Immigrant Visa and Alien Registration" (Form FS-256a) with the
United States Consular Office in Hamburg, Germany. In response
to Question 26 on the application, requesting the applicant to
state his places of previous residence, the defendant
"Birth — 1911, Dresden, Germany; 1911-1934,
Leipzig, Germany; 1934-1939, German Waffen SS;
1939-1945, Waffen SS during the war, . . ."
No mention was made on Schellong's application of his two
years of residence at the Sachsenburg Concentration Camp, or
of his three years of residence at Dachau.
On January 24, 1957, the defendant was granted a visa to
enter the United States. The defendant entered the United
States on or about February 23, 1957, and he has resided in
this country ever since that time.
On or about January 29, 1962, the defendant filed an
"Application to File Petition for Naturalization" (INS Form
N-400) to the Immigration and Naturalization Service. The
defendant signed the application on April 16, 1962. In
response to Question 7 on the application, requesting the
applicant to "[l]ist each organization, association, fund,
foundation, club or society in the United States or in any
other place that you have been a member of at any time, and
the dates of membership in each," the defendant answered:
Christlicher Verein junger Maenner 1920-1927
Leipziger Ballspiel club 1926-1932
National Sozialistische Arbeiter Partie 1932-1945
Allgemeine SS [ ] 1932-1934
Waffen SS [ ] 1934-1945
Member of the Church of St. Luke 1957-Date
No mention was made on Schellong's application of his
association with the storm troopers in 1932, or with the
SS Sonderkommando "Sachsen," the SS Wachverbande "Sachsen," or
with the SS Totenkopfverbande "Sachsen," the Death's Head Unit
with which he served for over three years. In addition, no
mention was made as to the defendant's association with the SS
Totenkopfverbande "Oberbayern" (SS Death's Head Unit
"Oberbayern") while at Dachau.