Von Papen was active in 1932 and 1933 in helping Hitler
to form the Coalition Cabinet and aided in his appointment as Chancellor
on 30th January, 1933. As Vice Chancellor in that Cabinet he participated
in the Nazi consolidation of control in 1933. On 16th June, 1934, however,
von Papen made a speech at Marburg which contained a denunciation of
the Nazi attempts to suppress the free press and the church, of the
existence of a reign of terror, and of " 150 per cent Nazis "
who were mistaking " brutality for vitality ". On 30th June,
1934, in the wave of violence which accompanied the so-called Roehm
Purge, von Papen was taken into custody by the SS,
his office force was arrested, and two of his associates including the
man who had helped him work on the Marburg speech, were murdered. Von
Papen was released on 3rd July, 1934.
Notwithstanding the murder of his associates, von Papen
accepted the position of Minister to Austria on 26th July, 1934, the day after Dollfuss had been assassinated. His
appointment was announced in a letter from Hitler which instructed him
to direct relations between the two countries "into normal and
friendly channels " and assured him of Hitler's complete and unlimited
confidence." As Minister to Austria, von Papen was active in trying
to strengthen the position of the Nazi
Party in Austria for the purpose of bringing about Anschluss. In
early 1935 he attended a meeting in Berlin at which the policy was laid
down to avoid everything which would give the appearance of German intervention
in the internal affairs of Austria. Yet he arranged for 200,000 marks
a month to be transmitted to "the persecuted National Socialist
sufferers in Austria ". On 17th May, 1935, he reported to Hitler
the results of a conference with Captain Leopold, the Leader of the
Austrian Nazis, and urged Hitler to make a statement recognising the
national independence of Austria, and predicting that the result might
be to help the formation of a coalition between Schuschnigg's
Christian Socialists and the Austrian Nazis against
Starhemberg. On 27th July, 1935, von Papen reported to Hitler that the
union of Austria and Germany could not be brought about by external
pressure but only by the strength of the National Socialist Movement.
He urged that the Austrian Nazi Party change its character as a centralised
Reich German Party and become a rallying point for all National Germans.
Von Papen was involved in occasional Nazi political
demonstrations, supported Nazi propaganda activities and submitted detailed
reports on the activities of the Nazi Party, and routine reports relating
to Austrian military defences. His Austrian policy resulted in the agreement
of 11th July, 1936, which nominally restored relations between Germany
and Austria to " normal and friendly form", but which had
a secret supplement providing for an amnesty for Austrian Nazis, the
lifting of censorship on Nazi papers, the resumption of political activities
by Nazis and the appointment of men friendly to the Nazis in the Schuschnigg
Cabinet.
After the signing of this agreement von Papen offered
to resign but his resignation was not accepted. Thereafter he proceeded
to bring continued pressure on the Austrian Government to bring Nazis
into the Schuschnigg Cabinet and to get them important positions in
the Fatherland Front, Austria's single legal party. On 1st September,
1936, von Papen wrote Hitler advising him that anti-Nazis in the Austrian
Ministry of Security were holding up the infiltration of the Nazis into
the Austrian Government and recommended bringing " slowly intensified
pressure directed at changing the regime ".
On 4th February, 1938, von Papen was notified of his
recall as Minister to Austria, at the same time that von Fritsch, von
Blomberg and von Neurath were removed from their positions. He informed
Hitler that he regretted his recall because he had been trying since
November, 1937, to induce Schuschnigg to hold a conference with Hitler
and Schuschnigg had indicated his willingness to do so. Acting under
Hitler's instructions, von Papen then returned to Austria and arranged
the conference which was held at Berchtesgaden on 12th February, 1938.
Von Papen accompanied Schuschnigg to that conference and at its conclusion
advised Schuschnigg to comply with Hitler's demands On 10th March, 1938,
Hitler ordered von Papen to return to Berlin. Von Papen was in the Chancellery
on 11th March when the occupation of Austria was ordered. No evidence
has been offered showing that von Papen was in
favour of the decision to occupy Austria by force,
and he has testified that he urged Hitler not to take this step.
After the annexation of Austria von Papen retired into
private life and there is no evidence at he took any part in politics.
He accepted the position of Ambassador to Turkey in April 1939 but no
evidence had been offered concerning his activities in that position
implicating him in crimes.
The evidence leaves no doubt that von Papen's primary
purpose as Minister to Austria was to undermine the Schuschnigg regime
and strengthen the Austrian Nazis for the purpose of bringing about
Anschluss. To carry through this plan he engaged in both intrigue and
bullying. But the Charter does not make criminal such offences against
political morality, however bad these may be. Under the Charter von
Papen can be held guilty only if he was a party to the planning of aggressive
war. There is no showing that he was a party to the plans under which
the occupation of Austria was a step in the direction of further aggressive
action, or even that he participated in plans to occupy Austria by aggressive
war if necessary. But it is not established beyond a reasonable doubt
that this was the purpose of his activity, and therefore the Tribunal
cannot hold that he was a party to the common plan charged in Count
One or participated in the planning of the aggressive wars charged under
Count Two.