Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I (part 5 of 6)
The prosecution introduced evidence calculated to show that inhumane acts and atrocities, as generally alleged in paragraph 6 of the indictment, were committed in the course of phlegmon experiments. These experiments were not specifically described in the subparagraphs of paragraph 6 of the indictment which particularized 12 specific types of experimentation. On this charge the defendants Poppendick, Oberheuser, and Fischer were acquitted.
The prosecution’s summation of the evidence on the phlegmon experiments is contained in its closing brief against the defendant Gebhardt. An extract from this brief is set forth below on pages 654 to 655. A corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for defendant Gebhardt. It appears below on pages 655 to 657. This argumentation is followed by selections from the evidence on pages 657 to 669.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT GEBHARDT_
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Sepsis (Phlegmon) Experiments
Sepsis experiments were performed in the Dachau concentration camp beginning in the autumn of 1942. These experiments were carried out in order to test the effectiveness of biochemical treatment of sepsis and related diseases.
The witness Stoehr testified concerning these experiments. He stated that sepsis was artificially provoked by infecting with pus the concentration camp inmates who were used as subjects. (Tr. pp. 578, 579.) He knew of at least two series of experiments. In each of these series approximately half of the experimental inmates were treated by biochemical means and the other half with sulfanilamide. The first series consisted of 20 German concentration camp inmates of whom seven died as a result. For the second series, 40 clergymen of various nationalities were selected and 12 died as a result of the experiments. (Tr. pp. 581, 582.) The experimental subjects did not volunteer. (Tr. p. 590.) See also the Review of Proceedings of the General Military Court in the case of the United States vs. Weiss, et al. (NO-856, Pros. Ex. 125.)
It is quite clear that the biochemical experiments performed in Dachau were complementary to the sulfanilamide experiments by Gebhardt in Ravensbrueck. This is shown by the fact that in September 1942, while the sulfanilamide experiments were still in progress, Gebhardt received a copy of a report on the biochemical experiments in Dachau from Grawitz. (NO-409, Pros. Ex. 249.) This report shows on its face that approximately eight cases of sepsis were artificially provoked. The report dealt with the results obtained from experiments carried out on 40 concentration camp inmates in treating sepsis, phlegmon, furuncles, abcesses, and nephrosis, among others.
Ten of the experimental subjects died. The report also covered three sepsis cases in Auschwitz, all of whom died. It concluded with the statement that the experiments were being continued.
The case history of one of the experimental subjects artificially infected with pus in November 1942 shows the horrible pain which these victims suffered. (NO-994, Pros. Ex. 251.)
That the defendants Gebhardt and Fischer had more than a casual connection with the sepsis experiments in Dachau is proved by a handwritten notation by Gebhardt on a letter written by Grawitz to Himmler on 7 September 1942, attaching copies of the preliminary report by Gebhardt on his sulfanilamide experiments, together with the report on the sepsis experiments in Dachau. (NO-2734, Pros. Ex. 473.) This note reads as follows:
“16 September 1942. Settled, after conversation with Reich Leader SS. Obersturmfuehrer F. Fischer has been given new instructions for Ravensbrueck and Dachau. Gebhardt.” [Emphasis supplied.]
c. Selection from the Argumentation of the Defense
_EXTRACT FROM THE FINAL PLEA FOR DEFENDANT GEBHARDT_[74]
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Phlegmon Experiments
In the course of the hearing of the evidence, the prosecution submitted documents and interrogated witnesses with the intention of proving that apart from other medical experiments, experiments were also carried out on the treatment of phlegmon. In the indictment itself these experiments, which were carried out at Dachau, are not mentioned. In view of Article IV of the Ordinance of Military Government for Germany, which expressly states that the indictment should list the counts in sufficient detail, it must be assumed that in this case a properly made charge does not exist.
As far as the participation of the defendant Gebhardt is concerned, the documents submitted by the prosecution show by themselves that he had nothing to do with the execution of these experiments. It was only later that he learned of the experiments carried out at Dachau, as unequivocally proved by the letter of Reich Physician SS Dr. Grawitz to Reich Leader SS Himmler of 29 August 1942, referring to the biochemical treatment of sepsis, which was submitted by the prosecution as NO-409, Prosecution Exhibit 249. The defendant Gebhardt learned of these experiments on 3 September 1942, on the occasion of the visit of Reich Physician SS Dr. Grawitz to Ravensbrueck in connection with the sulfanilamide experiments in this camp. The defendant Gebhardt wrote on the margin of this document the remark “seen and read”. This remark alone shows that he could only have learned subsequently of these experiments, and especially that he did not approve of them. If it had been the contrary, he certainly would have made some other notation on the document, as for instance, “agreed”, or else he would have shown his approval in a similar way. On the witness stand the defendant Gebhardt explained in detail to the Tribunal what his opinion of these experiments was. These experiments demonstrate unequivocally that they were deliberately initiated in ignorance of, and in contradiction to, the recognized rules of orthodox medicine. As also demonstrated by the evidence the Reich Leader SS Himmler did not conform to orthodox medicine but wanted to promote independently one patent solution out of a variety of suggestions and opinions. Nearest to his conception, beside his inclination towards theories of biological selection, were biochemistry, homeopathy, and mesmerism, i. e., those schools of medicine which, contrary to the theories of orthodox medicine do not combat certain symptoms of a disease but by means of the so-called stimulation theory want to bring about a change of the general physical disposition. The defendant Gebhardt, when on the witness stand, clearly explained this attitude of Himmler, which among other things resulted in rejection of any criticism by orthodox medicine, relying exclusively on his biochemical experts.
The evidence, however, has further shown that after having learned of the letter of Reich Physician SS Grawitz of 29 August 1942 (NO-409, Pros. Ex. 249) and with the object of convincing Himmler of the futility of these experiments, the defendant Gebhardt himself performed experiments on patients with these biochemical remedies in his clinic at Hohenlychen, and that he succeeded in convincing Himmler of the inefficacy of these remedies. In this connection I refer to the statements of the defendant Gebhardt himself and to the affidavits of Dr. Jaedicke and Dr. Brunner, which I submitted to the Tribunal.
When examining the legal conclusions which can be drawn from the facts presented above, we may arrive at the following results:
The defendant Gebhardt did not commit any act which had any causative connection with these experiments. He learned about these experiments only after the event, and then he did everything in his power to prevent further experiments of this kind. The prosecution was not able to produce evidence that such experiments had been carried out at all after 3 September 1942. All this proves that in view of the missing causal connection and absence of premeditation there cannot be any question of criminal action on the part of the defendant Gebhardt. It is acknowledged in the criminal law of all civilized nations that knowledge acquired after events is not sufficient to prove the existence of a criminal action.
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d. Evidence
Prosecution Documents Doc. No. Pros. Ex. Description of Document Page No. NO-409 249 Report from Grawitz to Himmler, 29 August 657 1942, concerning experiments with biochemical remedies conducted at the Dachau and Auschwitz concentration camps. NO-2734 473 Extracts of letter from Grawitz to Himmler, 7 660 September 1942, and report on gas gangrene experiments.
Testimony
Extract from the testimony of prosecution witness Heinrich W. Stoehr 664 Extract from the testimony of defendant Gebhardt 667
TRANSLATION OF DOCUMENT NO-409 PROSECUTION EXHIBIT 249
REPORT FROM GRAWITZ TO HIMMLER, 29 AUGUST 1942, CONCERNING EXPERIMENTS WITH BIOCHEMICAL REMEDIES CONDUCTED AT THE DACHAU AND AUSCHWITZ CONCENTRATION CAMPS
The Reich Leader SS Berlin W 15, 29 August 1942 Reich Physician SS and Police Knesebeckstr. 50/51 Telephone: 924249.924351.924373. [Stamp] 924406 Personal Staff Az.: 738/IV/42 Reich Leader SS G 213
Subject: Biochemical treatment of sepsis, etc., with biochemical remedies. To the Reich Leader SS H. Himmler Berlin SW 11 Prinz Albrechtstrasse 8
Reich Leader,
With regard to previous results of biochemical treatment of sepsis and other cases of illness, I beg to submit the following provisional report.
1. The following 40 cases were treated with biochemical remedies in the SS hospital Dachau in the time mentioned in the report. Besides septic processes, such diseases were treated where a decisive change for the better should be achieved by means of biochemistry.
Phlegmonous-purulent processes 17 Sepsis 8 Furuncles and abscesses 2 Infected operational incisions 1 Malaria 5 Pleural empyema 3 Septic endocarditis 1 Nephrosis 1 Chronic sciatica 1 Gall stones 1
According to the indications of the biochemistry applied to the different cases, we used the following remedies:
Potassium phosphoricum D6 Ferrum phosphoricum D6 and D12 Silicea D6 Sodium muraticum D6 Calcium phosphoricum D6 Sodium sulfuricum D6 Magnesium phosphoricum D6 Sodium phosphoricum D6 Calcium fluoratum D6
The cases of sepsis were mostly artificially provoked.
Up to now we found that the unfavorable course of the severe cases could scarcely be stopped by means of biochemical remedies. All sepsis cases died. The malaria cases were not influenced by it.
The cases of extended purulent processes, with development of abscesses, the pleuralempyeata, the septic endocarditis, the nephrosis, the chronic sciatica and the gall stones showed no definite influence from biochemical treatment. Insofar as they were conducted with positive results, they did not show a different result from the ones where, according to medical experience, patients were restricted to staying in bed without receiving any special treatment.
The impression of a favorable effect on morbid cases of sickness by biochemical means proved to be satisfactory in five cases only, four of which were comparatively slight. The fifth case involved a 17-day-old child with severe furunculosis. In this case an improvement set in only a few days after treatment had been applied. However, an error occurred in the experimental procedure, for at the beginning of the treatment a sulfanilamide preparation was used.
The strong formation of pus, clearly noticeable in a few cases, is perhaps due to the biochemical remedies applied. The doses of sugar, which were frequently given and mainly consisted of pure milk sugar in the form of biochemical tablets, probably promoted the effect.
Experiments for orientation are to be made. In a case of a joint mould the antiseptic potassium phosphoricum D 6 was given as a prophylactic because the incision of the operation was greatly endangered by infection. In spite of that, the temperature rose to 39° on the following day. Consequently, the biochemical treatment could not prevent appearance or breaking-out of an infection, although potassium phosphoricum D 6 was given immediately and intensively.
It is also to be noted that very soon all the seriously ill cases flatly refused to take biochemical tablets, because it meant torture to them to take the tablets every 5 minutes, even at night.
Finally it must be said that from a total number of 40 cases there are 1 positive case and 4 positive cases with certain reservations, against 35 failures, of which 10 ended fatally.
The experiments in Dachau are being continued.
Besides the hitherto existing program, special attention is directed to research of twin cases in similar conditions, of which one will receive an allopathical, the second a biochemical treatment.
[Marginal note.] Seen at Ravensbrueck 3-9-1942, [Signature] K. GEBHARDT
2. In the concentration camp of Auschwitz, three typical cases of sepsis, which developed from phlegmons, were treated—according to prescription—with potassium phosphoricum D 4. In none of these cases a therapeutical influence on the progress of the disease could be observed. All 3 cases ended fatally.
The experiments are being continued.
[Signature] GRAWITZ
TRANSLATION OF DOCUMENT NO-2734 PROSECUTION EXHIBIT 473
EXTRACTS OF LETTER FROM GRAWITZ TO HIMMLER, 7 SEPTEMBER 1942, AND REPORT ON GAS GANGRENE EXPERIMENTS
The Reich Leader SS Berlin, W 15, 7 September 1942 Reichsarzt SS and Police Knesebeckstrasse 50/51 Telephone: 924249. 924351. [Rubber stamp] 924373. 924406 (Personal Staff Reich Leader SS File No. 748/IV/42 Archives) (File No. AR/31/13) [Signature] GEBHARDT
Subject: 1. _Experiments by SS Brigadefuehrer Gebhardt on the Combating of Gas Gangrene._ 2. Experiments on the Treatment of Sepsis by Biochemistry.
Enclosures: -2-X To the Reich Leader SS H. Himmler Berlin
Reich Leader:
Attached please find a provisional report by SS Brigadefuehrer Professor Dr. Gebhardt on his clinical-surgical experiments at Ravensbrueck concentration camp, furthermore a concluding provisional report on experiments on the biochemical treatment of sepsis as performed at Dachau concentration camp.
[Signature] GRAWITZ
[Rubber stamp] } [Handwritten] } 16 September 1942 Personal Staff RF-SS Enclosures } Settled, after conversation with In: 9 September 1942 } RF-SS. Obersturmfuehrer F. Journal No. AR/40/7/42 2 } Fischer has been given new ? RF } instructions for Ravensbrueck } and Dachau. [Signature] GEBHARDT Copy! [Rubber stamp] (Personal Staff Reich Leader SS Archives) (File No. AR/31/13)
Professor Dr. K. Gebhardt SS Brigadefuehrer and Brigadier General of the Waffen SS To the Reichsarzt SS Gruppenfuehrer Grawitz
Provisional Report on Clinical Experiments at Ravensbrueck Concentration Camp for Women
By order of the Reich Leader SS, I started on 20 July 1942 at Ravensbrueck concentration camp for women on a series of clinical experiments with the aim of analyzing the sickness known as gas gangrene, which does not take a uniform course, and of testing the efficacy of the known therapeutic medicaments.
In addition, the simple infections of injuries which occur as symptoms of war surgery had also to be tested, and a new chemo-therapeutic treatment apart from the known surgical measures had to be tried out.
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I appointed SS Obersturmfuehrer Dr. Fischer as co-worker. SS Oberfuehrer Dr. Blumenrent put the complete surgical instruments and medicaments at my disposal. SS Standartenfuehrer Mrugowsky put his laboratory and co-workers at my disposal.
SS Obersturmbannfuehrer Dr. Lolling, Chief of Office IIID at Oranienburg, assigned as co-workers: SS Obersturmfuehrer Dr. Schiedlausky, garrison-physician at Ravensbrueck concentration camp for women, and Fraeulein Dr. Oberheuser, camp physician at Ravensbrueck concentration camp for women.
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The question was to define firstly, by way of a preliminary experiment, the mode of infection, making use of the known results from experiments upon animals. In these questions I was advised by SS leaders of the Hygienic Institute of the Waffen SS who had taken over the culture and dosage of the inoculation material.
The point was to implant the lymph cultures on the damaged muscle tissue, to isolate the latter from atmospheric and humoral oxygen supply, and to subject it to internal tissue pressure. The inoculation procedure was as follows: a longitudinal cut of 10 centimeters over the musculus peroneus longus; after incision into the fascia the muscle was tied up with the forceps in an area the size of a five mark piece; an anaemic peripheral zone was created by injection of 3 cc. adrenalin and in the area of the damaged muscle the inoculation material (a gauze strip saturated with bacterii) was imbedded under the fascia, subcutaneous adipose tissue, and skin sutured in layers.
In the first series of experiments (preliminary experiments), three selected prisoners of as much the same constitution as possible were used. They were inoculated as follows:
The first: Aerobic mixculture (staphylococci, streptococci, bact. comm. try. a 5 Mil).
The second: Para Oedema Malignum, sarc, flav. 4.5 mg.
The third: Bact. Fraenkel and earth. Stimulus 4.5 mg.
The experiment was concluded after 10 days. After an initial local swelling in the inoculation area and an increase in temperature up to 39 degrees, the inflammation died down, the wound having broken open on the fourth day. There was no danger to the life of any of the prisoners. We succeeded in producing locally the symptoms of gas gangrene in the third prisoner. After 20 days the prisoners were released again to their working blocks.
The course of the preliminary series of experiments had proved that we were not successful in producing the same symptoms as of clinical gas gangrene. In a conference with the Hygiene Institute of the Waffen SS the nature of the infection and the conditions for the germs were not considered to be equivalent to the natural conditions in war surgery and consequently the experimental arrangements were varied.
Bacterium coli were added to the acrobe culture and the germ number was increased to 20 millions. Bacterium coli and dextrose were added to the mixture of para oedema malignum.
Bacterium coli were added to the gas gangrene culture by Fraenkel, and while doubling the number of germs, earth was administered to produce a similar environment. Six selected youthful prisoners were inoculated two by two with the above mixture of bacteria in the subsequent first experimental series. One of them remained untreated for control purposes, the other one was powdered with cataxyn wound powder immediately after the inoculation. The first change of dressing took place 3 days afterwards, the following each second day. Those who remained without treatment were covered with sterile layers, those treated with cataxyn (indicated in the graphs as TK-cases) were continuously powdered with cataxyn. The aerobe cultures in both cases showed local abscesses which could be easily treated surgically.
The para oedema malignum inoculation produced a local inflammation with central suppuration, small formation of necrosis in the depth and moderate emphysem of the skin. The regional lymphatic glands were not affected.
Those prisoners who were infected with Fraenkel’s gas gangrene, and who immediately received tetanus-antitoxin for the administered earth, produced by far the strongest inflammatory reaction: abscesses with deep necrosis in the area of the inoculation, emphysem of the skin with formation of blisters, and beginning necrosis collateral oedema extending from above the joint of the knee to the lower third of the thigh as far as the back of the foot. The inflammatory appearances receded considerably after the opening of the injury on the first dressing day. The effect of the opening of the wound was particularly significant in the TK-cases which started inflammations in spite of simultaneous therapy. Greater pressure of the tissue due to oxygen, liberated by the medicament, was considered to be the reason for the accentuated local inflammation.
Comparing nontreated cases with the TK-cases, the final critical observation shows:
1. Immediate therapy does not prevent the occurrence either of an ordinary suppuration or of a “gangrene”.
2. The cleaning of the wound is faster in TK-cases than in control cases.
3. The formation of fresh wound granulations occurs earlier with cataxyn.
4. The part played by the paranchymatic organs (liver, kidneys) is less important under the influence of cataxyn.
Since in this experiment too definite gangrene could be produced clinically speaking, yet its picture did not in any way correspond to the one known in war surgery; after further consultation with the collaborators in the Hygiene Institute of the Waffen SS, the vaccine was changed by adding wood shavings. It is known in bacteriological literature that the virulence of the bacteria in the experimental animal can thereby be considerably increased.
The triple distribution was reserved for the second series of experiments now in progress. Three prisoners in each group were inoculated. One person was left without treatment as control, the second was treated with cataxyn as before, and with the third the Marfanilprontalbin powder manufactured by I. G. Farben was employed, since this was strongly recommended by the Army Medical Inspectorate. The powder was applied according to the Schmick procedure. This experiment is still in progress.
Even if as yet nothing definite can be said about this series of experiments it can already be stated that—
1. there is no decisive difference between cases which are treated and those which are not treated,
2. that opening the wound, in addition to immobilization, has proved the most effective means of controlling the inflammation,
3. the effect of the MP powder seems at least doubtful, since in the III TM case the most definite gangrene observed up to now has developed.
We are now investigating the problem as to why the gangrene in the present case did not fully develop. Therefore, the injuring of the tissue and the exclusion of a muscle from the circulation of the blood were undertaken during a separate operating session, and the large-scale necrosis resulting therefrom was to be inoculated with bacteria strain which had already had one human passage. For it is only when the really definite clinical picture of the gangrene has appeared that conclusions may be drawn on therapy with chemo-therapeutics in connection with surgical operations.
[Signature] GEBHARDT SS Brigadefuehrer
Copy certified correct Berlin, 7 September 1942 [Signature] POPPENDICK SS Obersturmbannfuehrer
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EXTRACT FROM THE TESTIMONY OF PROSECUTION WITNESS HEINRICH W. STOEHR[75]
DIRECT EXAMINATION
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MR. HARDY: Witness, did you ever hear of the sepsis or phlegmon experiments at the Dachau concentration camp?
WITNESS STOEHR: Yes, these experiments were conducted at my station.
Q. How did you gain your knowledge of these phlegmon experiments? Were you an observer? Were you an assisting nurse, or by what way did you gain the knowledge you have of these phlegmon experiments?
A. I was the nurse at that station. One day, I think it was in the late summer and fall of 1943, a certain Sturmbannfuehrer Schuetz came to me, with a Standartenfuehrer by the name of Laue or Lauer—I am not quite sure which—and inspected the surgical department. He was shown a number of patients. We had to take their bandages off, and he examined their wounds—or rather, he just looked at them very superficially. After that, the chief physician of the concentration camp Dachau, Dr. Walda, was called in, and he received the order to see to it that the patients received biochemical treatment for some time.
Q. Witness, will you kindly explain to the Tribunal in what manner these phlegmon experiments were conducted; that is, the details of the experiments? What did they do to the victim?
A. Mainly, phlegmon was treated. It was very general in the camp. That is to say, phlegmon was the typical camp disease. The biochemical treatment was carried out in the following manner:
Three similar cases were observed. One of these cases was given allopathic treatment; another biochemical, and the third one received only ordinary surgical treatment. That is, the third one received no drugs whatsoever, and the wound was treated in an ordinary way with bandages and so on. These were the directives of the physicians who were there. We saw on many occasions that the patient was cured much faster who received no drugs or injections.
Experiments of that kind were conducted for many weeks, and if I may as a layman make a judgment, I must say that the physicians, according to my observations, were not satisfied with these experiments.
In addition, I have to emphasize that not only wounds were treated according to these methods, but internal diseases, too. They tried to find out whether biochemical treatment was suitable for treating the thirst for water, which was so frequent in the camp. We saw that the biochemical drugs had no influence whatsoever as to the cause of this illness.
I emphasize that I am speaking as a layman and that all these are my observations.
During the fall, this Sturmbannfuehrer Dr. Schuetz told the camp doctor, who was named Babo, to infect a number of people with pus. We nurses were told nothing about that, and we did not know the purpose. These experiments were conducted on a group of men, and they extended over a period of approximately six to seven weeks.
First a group of Germans were infected with pus. We nurses had no idea of the cause of the illness, and we gave the patients the drugs that were ordered by the physicians. I emphasize again that half of these people received allopathic and the other half biochemical treatment. As nurses, we could observe the following facts:
The patients who received allopathic treatment were cured much quicker, that is, if they had any power of resistance to their illness, but the patients who had to take those pathological tablets, if I remember correctly, died with the exception of one person. There were approximately 20 persons who, at that time, were infected. The second group consisted of 40 clergymen of all nationalities and brothers of religious fraternities. These patients were selected from the block where the clergymen were housed. They were selected by the Chief Physician Dr. Walda and were sent to the operational room of the concentration camp Dachau. They were operated on by Dr. Schuetz and Dr. Kieselwetter [Kieselwecker (?)] I think that was his name—and these experiments were conducted on them. A number of nurses, and also the personnel of the operating room, and I myself, saw how the injections were made. We were standing in the anteroom of the operating room.
Q. Witness, will you explain to the Tribunal what the word “phlegmon” means?
A. Phlegmon, as far as a layman can answer that question—means an inflammation of the tissues, and in the camp of Dachau phlegmons were very numerous because the people there were mostly sent to the hospital too late. Typical camp phlegmons, as far as I know, are caused by germs. Persons got phlegmons who suffered from lack of water.
Q. Witness, did you say that inmates were used for experiments in which they were injected with pus?
A. Yes.
Q. Did you see these injections of pus being administered?
A. Yes.
Q. How were the inmates to be used for these experiments selected?
A. I didn’t understand your question.
Q. In what manner did they select the inmates to be used for these experiments which dealt with the injection of pus? In other words, how were they selected? What type of prisoners? What were their nationalities, etc.?
A. They were 40 persons coming from the so-called clergymen block.
Q. Were these inmates used for these experiments with injection of pus healthy inmates?
A. Completely healthy and strong men.
Q. You have told us that they had one group, the first group, of ten Germans. How many died in that group?
A. I believe that the first group consisted of ten people of whom, as far as I remember, seven died.
Q. Now, you have told us of a second group of 40 clergymen. How many died in that group?
A. I have seen a list of the survivors, and according to that list, 12 clergymen, or rather brothers, must have died.
Q. Were any prisoners of war used in these experiments?
A. I don’t know whether they were prisoners of war or not. We could not tell the difference in the camp of Dachau, whether they were prisoners of war or not; at least I could not.
Q. Were the victims used in these experiments treated by medical doctors after they had been injected with pus?
A. The operation was done by physicians.
Q. Well, after they had been infected with pus what kind of treatment was given to them?
A. After the injection, Sturmbannfuehrer Schuetz gave instructions to the nurses that one-half of them should receive allopathic and the other half biological treatment. I emphasize that the group which received allopathic treatment had special drugs, the so-called sulfanilamide drugs. We had the impression that the physicians wanted to prove that the biological drugs were not suitable to cure such a severe disease.
Q. Then you say, Witness, that 50 percent were treated with sulfanilamide and the other 50 percent with biological medicants?
A. Yes.
Q. Now, after these injections with pus, did abscesses develop on the inmate?
A. The greater part of those who were treated biologically, or rather, all of them, developed abscesses and very deep abscesses. Some of the persons who received allopathic and prophylactic treatment with sulfanilamide had no abscesses.
Q. Did the inmates who endured this treatment suffer pain?
A. Yes.
Q. Severe pain?
A. As far as I know, the pain was very severe.
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EXTRACT FROM THE TESTIMONY OF DEFENDANT GEBHARDT[76]
DIRECT EXAMINATION
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DR. SEIDL: The next document which I intend to submit to the witness is NO-409 which has been submitted by the prosecution as Exhibit 249. It is a letter from Reich Physician SS Dr. Grawitz to the Reich Leader SS Himmler dated 29 August 1942. It refers to the biochemical treatment of sepsis. This document came to your knowledge, didn’t it? And this is shown by a comment you wrote: “Seen at Ravensbrueck on 3 September 1942. (Signed) KARL GEBHARDT.” Did you know beforehand about the performance of these experiments and did you agree with them?
DEFENDANT GEBHARDT: I did not have any previous knowledge of these experiments, and with regard to this document may I state somewhat more in detail what it shows? This is a letter to Himmler, dated the end of August, and signed by Grawitz. It was never mentioned that I was to receive this letter or that this letter was to be routed through me. It does not have any note from me to the effect that I countersigned it, or was in agreement with it, in this form. It was also not discussed in Berlin or Hohenlychen or in the headquarters, but in Ravensbrueck, and, in particular, on 3 September when this discussion took place between Grawitz and me, because of the second group of our sulfanilamide experiments. Grawitz, who at that time came in order to show us that he was not in agreement, as far as I can recall, brought this letter and this description along from Dachau. We then discussed it in detail, because on my part there were many reasons for raising the sharpest protest against it. And, may I point out how much can be seen from this document about how Grawitz planned to publish experiments or to describe them, in contrast to my procedure at the time. Under point (1) it states, “SS Hospital, Dachau” and it actually looks in general as though this were a hospital report. And most of the case histories also speak in favor of that, too. For example, the reference on page 3 to a joint plastic, certainly is a big operation which can only be performed in a hospital. On the following page there is “artificially induced sepsis.” On the second page, “the cases of sepsis were mainly artificially induced.” Then on the other side it is stated that in the fatalities there is no mention of the 8 cases of sepsis that were artificially induced, but of 10. I proved to Grawitz, especially on this page, that the description he wanted to make of a camouflaged mixture of experiments and clinical results might later on be read by somebody superficially, and he would come to the word “artificially induced” and would not be able to decide. Then there was a fundamental point with regard to all persons concerned. This was the impracticability of performing an experiment in this establishment. Then on page 3 it states that the drugs were to be taken every five minutes, even at night. At the time I didn’t even think of giving the report to Grawitz, after I had found out about it by chance. I wrote “read” in the margin and drew a logical conclusion with regard to Himmler and Grawitz. In this connection I not only concluded Grawitz’ influence on our experiments, but I also asked Himmler how these biochemical experiments were brought about. I request permission of the Tribunal to permit me here to describe what Himmler thought with regard to such experiments, and to show, therefore, how impossible it was in certain cases, in spite of obtaining knowledge, to effect any change. For a person who has studied school medicine it is impossible to believe that through the homeopathic administration of sulphur and phosphorus, surgical case histories, as well as internal case histories, and metabolistic diseases can be influenced. However, in medicine one can, of course, take a completely different point of view, and that is the basic conception of biochemistry up to homeopathy, to which Himmler completely adhered. And here in two sentences we have described how all the elements which appear in nature also have traces in the human body. Now, if one small trace of an element is lacking, then the human being is susceptible to and suffering from some disease or other. The therapy and method of treatment by the biochemist is the exact contrast of medicine as practiced by a person who has studied it at school. They make test experiments on human beings and discover what element is lacking in that human being, and no matter from what disease he is suffering, the patient is treated with minimum doses of the element which he lacks. Never in the world has it been possible for a typical school practitioner and a biochemist to agree, because they want to treat the human being completely in contrast to each other. From this example you can see now that when I went to Himmler and said that it was madness for not only an experiment to be performed on out-patients, but that also simultaneously ten or twelve different cases should be treated with the same medicine, when I told Himmler this, he said that he had one of the most experienced biochemists, and a layman, Herr Laue with him, and that he was absolutely convinced that this method of treatment was correct. Himmler always attempted to discover old-fashioned popular remedies. In spite of my objection and in spite of my proof that my own surgical patients would suffer from it, these experiments were performed until I succeeded in bringing this Dr. Laue and Dr. Kieselwecker from Marburg (who enjoyed Himmler’s complete confidence on this question) to Hohenlychen. There we performed a similar experiment together on my patients in order to show that this method of treatment was impossible. But even in this way I was not able to achieve my purpose with Himmler, because afterwards it was said we had not applied the drugs properly, and so on. Therefore, one can conclude from this that it was not the case that Himmler adhered to one certain medical concept, and if one accidentally heard of an experiment, one could convince him. Himmler maintained a hostile attitude toward school medicine, and from nature cures to biochemistry he was accessible to every thought, and when Laue convinced him of the fact that this drug was of decisive importance, then the experiment was performed. May I state in this connection, that the knowledge of this document had the following three results with me: that Grawitz, who was ready to make compromises as is shown here, did not allow anyone to tell him anything at all about the sulfanilamide question; that I gave Himmler clear knowledge of the false idea without being able to convince him because of his favorable attitude toward biochemistry; and that the experiment would perhaps be discontinued, mainly on account of subsequent examinations at Hohenlychen. I shall give evidence of this as soon as I receive the appropriate testimony of witnesses.
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[74] Final plea is recorded in mimeographed transcript, 15 July 1947, pp. 10874-10910.
[75] Complete testimony is recorded in mimeographed transcript, 17 December 1946, pp. 574-594.
[76] Complete testimony is recorded in mimeographed transcript, 4, 5, 6, 7, 10 March 1947, pp. 3981-4256.
13. POLYGAL EXPERIMENTS
a. Introduction
The prosecution introduced evidence calculated to show that inhumane acts and atrocities, as generally alleged in paragraph 6 of the indictment, were committed in the course of polygal experiments. These experiments were not specifically described in the subparagraphs of paragraph 6 of the indictment which particularized 12 specific types of experimentation. On this charge the defendants Handloser, Blome, and Poppendick were acquitted and only the defendant Sievers was convicted.
The prosecution’s summation of the evidence on the polygal experiments is contained in its closing brief against the defendant Blome. An extract from this brief is set forth below on pages 670 to 672. A corresponding summation of the evidence by the defense on these experiments has been selected from the closing brief for the defendant Blome. It appears below on pages 672 to 675. This argumentation is followed by selections from the evidence on pages 675 to 683.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT BLOME_
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In order to test the effectiveness of a blood coagulant “polygal,” Rascher carried out experiments in which inmates of the Dachau concentration camp were shot. Rascher’s uncle, in his affidavit, describes the murderous experiments which were carried out by his nephew. In August 1943, he visited Rascher in Dachau and, while Rascher was away from his office, he saw a report which he describes as follows:
“It refers to a report about the shooting (execution) of four people for the purpose of experimenting with the hemostatic preparation ‘Polygal 10.’ As far as I remember they were a Russian Commissar and a cretin, I do not remember who the other two were. The Russian was shot in the right shoulder from above by an SS man who stood on a chair. The bullet emerged near the spleen. It was described how the Russian twitched convulsively, then sat down on a chair and died after about 20 minutes. In the dissection protocol the rupture of the pulmonary vessels and the aorta was described. It was further described that the ruptures were tamponed by hard blood clots. That could have been the only explanation for the comparatively long span of life after the shot.” (NO-1424, Pros. Ex. 462.)
This evidence is corroborated by the testimony of the witness Stoehr (Tr. p. 587) and the affidavit of Pohl (NO-065, Pros. Ex. 221). Even the defendant Gebhardt admitted, during his testimony, that he knew that Rascher had carried out blood coagulation experiments on concentration camp inmates who had been shot for the purpose. (Tr. pp. 4240-1.)
The evidence proves that Blome collaborated with Rascher in the polygal research. This collaboration began at least as early as the middle of 1943 in connection with cancer research. (NO-473, Pros. Ex. 237; see also NO-538, Pros. Ex. 122, entries for 18 February, 7 April, 14 April, and 26 June 1943.) The defendant Sievers stated in his affidavit that: “Blome also had full knowledge of the blood coagulation experiments at Dachau. He received reports from Rascher and should have a complete knowledge of these matters.” (NO-473, Pros. Ex. 237.) Blome admitted that Rascher had been commissioned by Himmler to work with him in the field of blood coagulation. (Tr. p. 4642.) One of the collaborators of Rascher in the polygal research was an inmate of the Dachau concentration camp by the name of Robert Feix. By letter of 15 September 1943, Rascher requested Sievers to approach Blome, so that the latter might arrange for the release of Feix and for his reinstatement in his former category as half-Aryan. Rascher stated in his letter that “Blome has given me great hopes in this respect.” (NO-611, Pros. Ex. 239.) This proves that Blome was already collaborating with Rascher on polygal research in the summer of 1943. Obviously, Blome would not have put himself out to assist in this work without knowing precisely what had been done to test polygal.
In the latter part of 1943, Rascher and Dr. Haferkamp wrote a paper on polygal. This paper draws a clear distinction between experiments on human beings to test the effect of polygal and clinical tests. It states that: “Before we tried the clinical use of the drug and had it probed, it was tested on human beings by thorough experiments as to its influence on the period of clotting and bleeding.” Curves were included to show the reaction of polygal on clotting and bleeding. Later on, the paper discusses clinical observations during operations. (NO-438, Pros. Ex. 240.) The experiments mentioned in this paper obviously are the ones during which inmates were shot. They were not so described in the paper because it was written for publication. Blome testified that the only experiments he knew about were ones where one cubic centimeter of blood was withdrawn to see how fast it would coagulate in a test tube. (Tr. p. 4643.) Such tests cannot be described as experiments. It is impossible to conceive of Rascher’s testing a blood coagulant to be used on soldiers wounded on the battlefield in such a manner. And this was better known to Blome at the time than it is now to the Tribunal. He knew that Rascher had conducted the freezing experiments with resultant loss of life. He had been informed about the Buchenwald typhus experiments. (Tr. p. 4640.) Moreover, this devious explanation of Blome does not cover experiments to test the effect of polygal on bleeding; to test blood in a test tube covers only coagulation reaction, not bleeding reaction. So he had to add to the implausible by saying that Rascher once told him that he or another doctor had rubbed the upper thigh of a person under anesthetic until it became bloody and then tested the efficacy of polygal. But Blome said, “I didn’t take this statement of his seriously.” (Tr. p. 4635.) The thing which cannot be taken seriously is Blome’s display of ignorance about experiments in which the documents prove he had a direct personal interest.
Blome approved the publication of the paper mentioned above in the Munich Medical Weekly [Muenchener Medizinische Wochenschrift]. (Tr. p. 4639; NO-616, Pros. Ex. 244.) Both Grawitz and Pohl raised objections to the publication of the article because they had not been consulted and because Dachau 3 K and human experimental subjects were mentioned. (NO-614, Pros. Ex. 245; NO-615, Pros. Ex. 246.) Both these men knew of the murderous experiments carried out by Rascher to test polygal. Gebhardt knew. Yet Blome asks the Tribunal to assume that he was too naive to have known; that he didn’t even believe Rascher when he was told that he had deliberately rubbed the hide off of an inmate’s leg to test polygal.
On 23 February 1944 Rascher received a research assignment on polygal from the Reich Research Council. (NO-656, Pros. Ex. 247.) Blome admitted that he issued this assignment. (Tr. p. 4634.) Siever’s diary reveals that on 1 February 1944, polygal production by Rascher was listed as a war economy industry by the Reich Research Council. On 22 February Sievers had a conference with Rascher in which supply questions for the production of this drug, experiments of Blome, and the polygal report for the defendant Gebhardt were discussed. On 24 February Sievers had a telephone conversation with Blome in which Blome informed him that Himmler had issued an order concerning Blome’s work in Dachau in collaboration with Rascher, (3546-PS, Pros. Ex. 123.) Blome admitted that Himmler requested him to cooperate with Rascher on polygal research. (Tr. p. 4510.) When Ploetner took over Rascher’s work on 31 March (Tr. p. 973), Blome continued his interest in polygal as shown by a telephone conversation with Sievers on this matter on 24 July. (Tr. p. 976.)
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c. Selection from the Argumentation of the Defense
_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT BLOME_
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The question of polygal was from the beginning one of the weakest counts of the indictment against Dr. Blome. It is a remedy to make the blood clot and to prevent people from bleeding to death as a result of wounds inflicted in battle or by operation, or from injury due to excessive loss of blood. This equally innocuous and beneficial remedy was apparently made the object of a charge only because Dr. Rascher once maintained that he had killed four concentration camp inmates with pistol shots in order to try out polygal on them. (NO-1424, Pros. Ex. 462; NO-065, Pros. Ex. 221.) But I believe that every intelligent person must have approached this contention of Rascher’s with the strongest distrust, because one cannot try out a styptic on a dead person, and Dr. Blome, like other physicians, has repeatedly assured me that they did not understand what Dr. Rascher had in mind with such actions, which of course had nothing to do with “experiments”. But even on the assumption that these stories of Dr. Rascher were true—that he had actually killed some concentration camp prisoners in order to “experiment” on them with “polygal”—by what right can Dr. Blome be held responsible for this, a man who knew nothing at all about these crimes of Dr. Rascher? Dr. Blome has been waiting in vain for evidence to be submitted by the prosecution to prove that he (Dr. Blome) had had anything to do with those actions of Dr. Rascher, that he had at least approved or at any rate had some knowledge of them. The document presented by the prosecution proves that Dr. Blome can certainly not be held responsible for the alleged shooting of four concentration camp inmates by Dr. Rascher. (NO-1424 Pros. Ex. 462.) This murder committed by Dr. Rascher, if it was committed at all, happened before August 1943, according to Document NO-1424. It was during this month that the witness Friedrich Karl Rascher found in the writing table of his nephew, Dr. Rascher, the report on the shooting of the four concentration camp inmates. Dr. Blome, however, heard about polygal for the first time only during his second visit to Himmler in August or September 1943; before that time the matter was unknown to him. This statement by Dr. Blome concerning the date is in agreement with the testimony of Sievers of 10 April 1947, according to which the joint visit of Dr. Blome, Sievers, and Rascher to Himmler took place in the autumn of 1943. From this it is evident that the murder of the four concentration camp inmates by Dr. Rascher, if it has really any connection with polygal, happened without doubt at a time when Dr. Blome still had no knowledge of this styptic. Dr. Blome has rightly pointed out that it would have been a completely incomprehensible insanity to kill people only for the purpose of testing a styptic at a time when every day offered an abundance of material for the observation and study of the effect of polygal in the thousands of wounded soldiers and of patients operated on at the front as well as among the civilian population.
In this connection it is, incidentally, quite interesting to learn from the interrogation of the witness Neff that he never saw or observed any such “experiments” by Dr. Rascher. Neither did Dr. Rascher tell Neff anything about them, although Neff held a particularly confidential position with Rascher and otherwise learned much about Rascher and his “experiments”. Even in the camp nothing was said at the time about these alleged “experiments” of Dr. Rascher with polygal, although it could certainly not have been and also did not have to be kept secret in the camp if Rascher had actually shot four concentration camp inmates in order to carry out “experiments” on them with polygal.
These facts justify serious doubts as to whether those “experiments” ever took place at all and especially whether they have anything to do with the hemostatic polygal.
In reality, polygal is an absolutely harmless drug, whether it is injected or taken in tablet form, and the use of such a drug in this form can in no case be considered a criminal experiment against humanity as specified by the indictment before this Tribunal. Even when administered by injection with the subsequent drawing of a few drops of blood from the experimental subject, it is completely harmless. It does not cause any more “pain” than any other injection, and the whole test of this drug consists solely of taking one cc. of blood from the vein of the so-called experimental subject. Thus we are not dealing with any experiment of the kind that could be considered criminal because it causes severe pains or because it is dangerous or for any other reasons.
Besides, the concept of “criminal experiments on human beings” has already been explained at the trial of Field Marshal Milch[77] by the verdict of 16 April 1947; this verdict expressly limits the range of such experiments to experiments “which could cause torture or death to the experimental subjects.” Thus one cannot, in the present proceedings, object to those experiments which cannot ordinarily be assumed to cause death to the experimental subject or be accompanied by severe pain. Neither took place when polygal was administered. For either it serves as a hemostatic which can only be of advantage to the patient or, in the reverse case, it simply has no effect. Polygal can never have any harmful consequences, least of all cause any damage to health; nor could this be claimed by the prosecution, for polygal is generally used in surgery nowadays.
And finally, all the persons who submitted to polygal tests were volunteers. Dr. Blome, however, could not prove this here by interrogating the inventor of the drug, Feix, because the prosecution prevented defense counsel from examining Feix by transferring the latter to Dachau, whence he later escaped. The transcript of the interrogation of Feix by the prosecution was not submitted here, even though Feix had told me personally that he could not understand how any blame in connection with polygal could be put on Dr. Blome. But another witness, namely Walter Neff, testified here on the witness stand that the experimental subjects on whom the experiments had been carried out had volunteered, just as he himself had done. Since Neff was produced as witness by the prosecution,[78] the latter will hardly want to declare the testimony, sworn to by Neff, to be untrue.
The verdict of 16 April 1947 against Field Marshal Milch quoted above, states explicitly that medical experiments are punishable only when carried out without the consent of the subjects. Furthermore, punishability presumes that the experiments were a “torture” for the experimental subject or jeopardized his life. Both conditions obviously do not apply to polygal. Thus one comes to the conclusion that it would have been better not to mention within the limits of this trial subjects where even the closest observer has to look very carefully to see whether he could not possibly find anything to object to.
This applies especially to the report of the Institute for Military Scientific Research (Department Rascher), on coagulation of blood. (NO-438, Pros. Ex. 240.) In this report, the author, Dr. Rascher, emphasizes the importance of “Polygal 10” for combat troops and in operations and describes five operations where polygal was used with good results. There can be no doubt that those were five bona fide operations which were performed on patients in an entirely legitimate way and which tested polygal’s effectiveness in stopping bleedings in an absolutely proper manner, as it is usually done, with similar drugs. It is inconceivable how a conclusion of illegal “experiments” could have been drawn from that report.
One of these five legitimate operations, by the way, is described in a report by the camp physician Dr. Kahr, dated 12 October 1943 [10 December 1943] (NO-656, Pros. Ex. 247); it does not offer any basis for assuming an “experiment”. In this connection it is worthwhile to note that Dr. Blome himself, in his affidavit of 25 October 1946 (NO-471, Pros. Ex. 238), under section 8 describes the use of polygal in cases of “battle wounds and operations”, but deals with “experiments on human beings” only in the next section, 9. Therefore, Dr. Blome knew from the beginning that polygal had nothing to do with “experiments on human beings”.
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d. Evidence
Prosecution Documents Pros. Ex. Doc. No. No. Description of Document Page NO-1424 462 Affidavit of Fritz Friedrich Karl Rascher, M. 676 D., 31 December 1946, concerning the life and activities of Dr. Sigmund Rascher. NO-438 240 Report from the Institute for Military 676 Scientific Research, (Department Dr. Rascher) on “Polygal 10.” NO-656 247 Memorandum by SS Obersturmbannfuehrer Wolff, 680 8 May 1944; letters from Dr. Kahr to Rascher, 10 and 16 December 1943.
Testimony Page Extracts from the testimony of defendant Sievers 682
TRANSLATION OF DOCUMENT NO-1424 PROSECUTION EXHIBIT 462
AFFIDAVIT OF FRITZ FRIEDRICH KARL RASCHER, M. D., 31 DECEMBER 1946, CONCERNING THE LIFE AND ACTIVITIES OF DR. SIGMUND RASCHER
AFFIDAVIT
I, Fritz Friedrich Karl Rascher, being duly sworn, depose and state:
1. I was born on 13 August 1888 at Kellmuenz/Schwaben-Neuburg. I am a German citizen. My present civilian address is: Hamburg, Parkallee 78. I attended the following schools: 4 years public school at Augsburg, 4 years St. Anna Gymnasium at Augsburg, 2 years Real-Gymnasium at Augsburg, and 4 years of senior high school at Ravensburg. I graduated from junior college at Ravensburg in 1909. I studied medicine for 5 years at Munich. I passed my state board examination in 1914 at Munich. From 1914 to 1917 I worked as general practitioner. In the autumn of 1917 I was drafted into the armed forces, remained however at first in Hamburg in the home guard reserve and worked at the same time as general practitioner until May 1918. From May 1918 until November 1918 I was a medical officer. Since the end of 1918 until now I have been a general practitioner in Hamburg.
2. I am the uncle of Dr. Sigmund Rascher and have always maintained a pleasant family relationship with my nephew. I also was well acquainted with the wife of Dr. Sigmund Rascher, Nini Rascher nee Diehl. I also maintained contact with Dr. Sigmund Rascher and his wife during the war until the arrest at the end of 1943 or beginning of 1944. For the reasons stated above, I am in the position to make the following statement:
3. While attending the wedding of my nephew in Munich he told me that he had been asked to take over a laboratory in the concentration camp Dachau by order of the Luftwaffe and in connection with the Ahnenerbe. This offer was made to him through the medium of his wife and Himmler. He told me that this would be a big chance to work free and undisturbed. At the same time he saw in it a chance of continuing his experiments on blood crystallization. In these experiments he was supported by a relative of his wife by the name of Fraeulein Lulu, who later committed suicide. At that time I advised my nephew against accepting such a job.
4. In August 1942 I heard from my nephew in Munich that he had taken over the laboratory at Dachau and that he would work there extensively. Knowing the great diligence and the ambition of my nephew I was not surprised that he accepted this job.
At that time I drove with my nephew by car up to the entrance of the concentration camp, but did not enter. The only thing I heard from my nephew at that time was that he had carried out high-altitude tests on himself.
5. In August 1943 I was with my nephew twice in the Dachau concentration camp. The first time I went only to his private quarters and did not see the laboratory. The second time he showed me his laboratory and introduced me to his colleagues. I still remember the following names: Dr. Punzengruber and Dr. Feix. I inspected the chemical exploitation of blood coagulation. At that time he also told me of freezing experiments. He said that he had carried these out on himself at first and then he introduced to me one of his colleagues who had volunteered three times for these experiments. If I remember rightly, Himmler is supposed to have been present at one of these experiments and to have pardoned the man who was condemned to death. During the absence of my nephew, I accidentally found the following document in his desk:
It refers to a report about the shooting (execution) of four people for the purpose of experimenting with the hemostatic preparation “Polygal 10”. As far as I remember they were a Russian Commissar and a cretin, I do not remember who the other two were. The Russian was shot in the right shoulder from above by an SS man who stood on a chair. The bullet emerged near the spleen. It was described how the Russian twitched convulsively, then sat down on a chair and died after about 20 minutes. In the dissection protocol the rupture of the pulmonary vessels and the aorta was described. It was further described that the ruptures were tamponed by hard blood clots. That could have been the only explanation for the comparatively long span of life after the shot. After reading this first protocol I was so shocked that I did not read the others. At the time I took a sample of the hemostatic preparation from the desk which I submit herewith to the files.
6. On the way to Munich after this visit to Dachau, which was my last, I called my nephew to account. He raved when he learned that I knew of this matter. After appealing to his conscience, from the scientific as well as from the humane point of view, he broke down and cried: “I dare not think, I dare not think.” In Munich my nephew and I continued this conversation during the whole night. Dr. Sigmund Rascher admitted at the time that he was on the wrong path but that he didn’t see any possibility of resigning from it.
7. At the end of 1943 or beginning of 1944 I received a letter from my nephew, in which he informed me that he and his wife had been arrested because of illegal adoption (and registration) of a child. This letter was accompanied by a note by Kriminalrat Schmidt from Munich in which he informed me that I should contact him if I knew anything about this matter. I wrote at the time to Munich that I considered this to be impossible because I myself had once seen Frau Rascher in a pregnant state. I am a doctor and examined her myself. That was before the birth of the second child; she was then in the 6th or 7th month of pregnancy. I wish to add that the first son looked very much like his father and also had similar habits.
8. Since this occurrence in 1943 or 1944 I have not heard from either Dr. Sigmund Rascher or his wife. Only in 1946 I learned from various people that my nephew had been shot in Dachau before the arrival of the Americans and that his wife had been hanged at Ravensbrueck or Berlin on orders of Himmler. I also submit to the files three pictures taken during the youth of Dr. Sigmund Rascher. All my nephew’s documents which I had in my possession I burned in 1944 because I was afraid of the Gestapo.
I have read the above affidavit in the German language consisting of 2 pages and declare that it is true and correct to the best of my knowledge and belief. I was given the opportunity of making alterations and corrections in the above affidavit. This affidavit was made by me voluntarily, without any promise or reward and I was subjected to no compulsion or duress of any kind.
[Signature] RASCHER
Hamburg, 31 December 1946.
PARTIAL TRANSLATION OF DOCUMENT NO-438 PROSECUTION EXHIBIT 240
REPORT FROM THE INSTITUTE FOR MILITARY SCIENTIFIC RESEARCH, (DEPARTMENT DR. RASCHER) ON “POLYGAL 10”
[Handwritten] Mue. med. Wo. Schri. delivered 20 Dec. 1943.
From the Institute for Military Scientific Research (Department Dr. Rascher) “Polygal 10”, a hemostat to be administered orally by Dr. med. S. Rascher, Munich, and Dr. med. H. Haferkamp, Waltershausen (Thuringia).
A good hemostat has to have the following qualifications:
1. It must be harmless.
2. It must be administered easily (orally).
3. It must not have an unpleasant taste.
4. It must have a deep and long-lasting effect on bleeding and clotting time.
5. After the effect wears off it must be possible to administer another dose without any danger.
Hemostats now on sale commercially meet these demands only partially. No unobjectionable hemostat is known so far which is in tablet form, durable, unimpaired by cold temperatures and therefore easily transportable. But it would be worthwhile to produce such a preparation whose application would have the following important advantages:
1. It could be given prophylactically to the combat troops before an attack and to air crews before action. Too great a loss of blood could be avoided that way when tending to wounds is delayed; similarly it would prevent the wounded from becoming incapacitated by delaying the loss of blood.
2. Before operations in which greater areal bleeding is to be expected, it could be used to keep the operational region clear of interfering bleeding.
3. Persons having a long blood clotting time could benefit inestimably from such a remedy in cases of teeth extractions, etc.
4. In severe cases of lung or stomach hemorrhage which cannot be treated surgically at once, such a remedy could be life saving.
We believe we have such a remedy in “Polygal 10,” a preparation composed and tested in our institute, which does fulfill the above requirements. “Polygal 10” is a drug composed on a “pectin” base; its new method, differentiating it from other hemostats on a pectin base is to be found in the activation of pectin before composing it into the hemostat.
Before we tried the clinical use of the drug and had it probed, it was tested on human beings by thorough experiments as to its influence on the period of clotting and bleeding. The period of clotting was occasionally established in short intervals by 10 parallel definitions of free flowing venous blood according to the method of Buercker. The period of bleeding was measured by a stop watch after a wound at the ear had been inflicted by a “Frankeschen Schnepper.”
On the enclosed graphic chart (not reproduced) the curves of two experimental subjects are displayed (experimental subjects Nos. 200 and 207). The depth of decline and the duration of effect correspond to the average. It is to be mentioned with reference to the curves that various persons were always used for the experiments in order to avoid a possible accumulation of effect by the drug.
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TRANSLATION OF DOCUMENT NO-656 PROSECUTION EXHIBIT 247
MEMORANDUM BY SS OBERSTURMBANNFUEHRER WOLFF, 8 MAY 1944; LETTERS FROM DR. KAHR TO RASCHER, 10 AND 16 DECEMBER 1943
[Handwritten] The Preparation of Polygal
Waischenfeld/Oberfranken 8 May 1944 No. 135 Telephone No. 2 Journal No. Wo/He.
The Reich Leader SS Personal Staff Office Ahnenerbe
SUMMARY
SS Hauptsturmfuehrer S. Rascher MD. was assigned the following research tasks by the Reich Research Council:
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2. On 23 February 1944 Journal No. Rf 3717/44g Code word: “Polygal.” Research task for the development of production methods for the preparation of the hemostat polygal. Priority SS/44 Wehrmacht order number: SS 4118-0391/44 Rf 2829.
Point 11 as an addition to the task.
Procurement of supplies, etc., has a priority rating SS 4950 (Group I).
[Signature] WOLFF SS Obersturmfuehrer
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Copy
Concentration Camp Dachau The Camp Physician
Dachau, 10 December 1943
Subject: Administering “polygal” after amputation of the thigh of a 40-year-old male patient. To: Stabsarzt Dr. Rascher Dachau
On 10 December 1943 the effectiveness of “polygal” in the case of the amputation of the thigh was tested. The drug was administered per os 45 minutes before the operation and was placed in the patient’s mouth to be dissolved. A blood transfusion of 500 cc. had been made the previous day in preparation for the operation. Blood pressure on the day of the operation was 180/80.
As regards the effectiveness of “polygal” one can say that it was absolutely evident how little the tissues bled. After the first rush of blood from the vessels which had been cut, when completely emptied of blood no more bleeding occurred after this first flow of accumulated blood, so that it was not necessary to apply any ligatures to the surface of the muscles and the fatty tissues, or the subcutaneous tissues, as had always been the case with other amputations. The effectiveness of “polygal” must in this case be described as complete.
By order: [Signed] DR. KAHR SS Obersturmfuehrer The First Camp Physician, Concentration Camp Dachau
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Copy
Concentration Camp Dachau The Camp Physician Dachau 16 December 1943 To: SS Hauptsturmfuehrer Dr. Rascher Dachau
“Polygal 10” was used for 2 herniotomies. The patients were men of 35 and 42 years of age, respectively. In both cases the tablets were administered to the patients 40 minutes before the operation. Blood pressure before the operation was 135/80 in the case of the 35-year-old patient and 145/80 in the case of the 42-year-old patient. Both patients tolerated “polygal 10” without complaint, nor were there any unpleasant accompanying symptoms in the stomach.
It is to be said of the operation itself that the loss of blood was conspicuously slight in both cases. As in the case of all preceding operations where “polygal 10” had been administered, it was only necessary in this case, to cut off the bleeding from the vessels. In the first case, that of the 35-year-old patient, stronger bleeding from the subcutaneous tissues occurred after the skin had been cut, which, however, was stopped by mere wiping, so that in this case the application of clips to the subcutaneous tissues was unnecessary. Only after cutting the cremaster was it necessary to apply some ligatures, because then some smaller vessels were pierced. During the further course of the operation, i. e., the separation of the hernial sac from the funiculus spermaticus (it was an indirect inguinal hernia), several spots bled in the beginning, but bleeding came to a standstill at once and the use of ligatures was superfluous.
The same observations were made in the second case, the case of the 42-year-old patient. Hemostasis by application of ligatures was necessary in only a few spots, and this was always in those places where vessels had been injured during the operation. The favorable effect of “polygal 10” in surgical operations consists not only in its causing slight bleeding and preventing great loss of blood, but also in that it makes possible considerably faster operations, because the applications of clips and later ligatures always takes up a certain time, which can be saved by the use of “polygal 10.”
[Signed] DR. KAHR SS Obersturmfuehrer EXTRACTS FROM THE TESTIMONY OF DEFENDANT SIEVERS[79]
DIRECT EXAMINATION
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DR. WEISGERBER: The prosecution has submitted a single Document, NO-1424, Prosecution Exhibit 462. This is an affidavit of Dr. Fritz Friedrich Karl Rascher, who is an uncle of Dr. Rascher. It becomes evident from this document that Rascher was carrying out fatal experiments on human beings in connection with the development of polygal. Did you know about that at any time?
DEFENDANT SIEVERS: No, I heard nothing about it. After Rascher’s arrest, however, in 1944, the Police President of Munich, von Eberstein, gave me a rather excited description of this criminal Rascher. He said that Rascher had even shot at a human being in order to test his coagulating drug. A confirmation of this statement could not be obtained at that time. I didn’t believe it at first because so many rumors were flying around about him and his wife after his arrest—one of them was that he removed his collaborator Muschler by murdering her. Rascher, incidentally, succeeded in clearing himself of this suspicion of murder. After everything has become known through this trial—everything that Rascher has on his conscience—I am rather inclined to believe it. Uncle Rascher’s statements also reveal how secret Rascher kept his misdeeds. Only by interfering with his nephew’s desk did Uncle Rascher gain knowledge of whatever he is testifying here. At the same time, he confirms in his statement that his nephew was furious when he found out about his interference.
Q. Concluding these questions, I put to you Pohl’s affidavit which is Document NO-065, Prosecution Exhibit 221. I quote (this is on top of page 3): “Sievers told me the following: Ahnenerbe, of which Sievers was manager, was developing a drug in Dachau, by order of Himmler, which had as its result the quick coagulation of blood. He said that it was very important for fighting units because it prevented their bleeding to death. The experiments in Dachau, during which one inmate was shot at, have proved these results.” Did you tell Pohl anything to that effect?
* * * * *
A. I told Pohl exactly what I had found out from Eberstein. As I already said, the development stage of polygal was already concluded when he received Himmler’s order to take care of the production. If Rascher shot at an inmate in connection with polygal research then this, at any rate, occurred at a time when he had nothing to do with that matter. I only heard of this alleged shooting after Rascher’s arrest, as I have already testified.
Q. Mr. President, in this connection I offer Document Sievers 10 as Sievers Exhibit 8. I beg your pardon, Sievers Exhibit 9. This is an affidavit of Oswald Pohl. The essential points to be found on page one of this document are, and I quote:
“1. My affidavit of 23 July 1946 concerning medical experiments was submitted to me with reference to my statements in paragraph 4, Sievers (Ahnenerbe).
“2. Sievers’ diary of 1944 (3546-PS) was submitted to me with reference to the entry of 15 June 1944, 9 o’clock (page 167):
“SS Obergruppenfuehrer Pohl.
“1. Production of polygal and settlement Felix.”
Paragraphs two to six are not interesting here and I shall skip them. I quote again:
“After having read this entry in the diary, I can remember Sievers’ visit very well and I can state according to the best of my knowledge and conscience:
“When all the relevant points concerning the possibility of producing (installation for manufacture) the blood-stanching remedy ‘polygal’, as well as the other items had been discussed, Sievers told me a few things about the Rascher case before I called in SS Standartenfuehrer Maurer to discuss the employment of scientist prisoners in mathematical calculating problems. He informed me that Rascher and his wife had been arrested for jointly committing child substitution and abduction. Through Rascher’s arrest, several unbelievable things had apparently come to light which were now being investigated. It was also maintained that Rascher was supposed to have fired at a prisoner in order to test the ‘polygal’. Sievers therefore expresses an assumption which he himself had only heard, and not a fact based on his own knowledge.”
And then follows the certification.
* * * * *
-----
[77] United States vs. Erhard Milch. See Vol. II.
[78] Neff was called as witness by the Tribunal.
[79] Complete testimony is recorded in mimeographed transcript, 9, 10, 11, 14 Apr 1947, pp. 5656-5869.
14. GAS OEDEMA (PHENOL) EXPERIMENTS
a. Introduction
The prosecution introduced evidence calculated to show that inhuman acts and atrocities (as generally alleged in paragraph 6 of the indictment) were committed in the course of gas oedema experiments. These experiments were not specifically described in the subparagraphs of paragraph 6 of the indictment, which particularized 12 specific types of experimentation. On this charge the defendants Mrugowsky and Hoven were convicted and the defendant Handloser was acquitted.
The prosecution’s summation of the evidence on the gas oedema experiments is contained in its closing brief against the defendant Mrugowsky. An extract from this brief is set forth below on pages 684 to 685. This argumentation is followed by selections from the evidence on pages 685 to 694.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT MRUGOWSKY_
* * * * *
Gas Oedema Serum Experiments
The affidavit of Dr. Erwin Schuler, alias Ding, states that at a conference in the Military Medical Academy in Berlin, at the end of 1942, in which he took part, one of the topics of discussion was the fatality of gas oedema serum on wounded soldiers. The affidavit goes on to state that among the participants in the discussion were Killian, General Schreiber, Mrugowsky, and a medical officer who was unknown to him. Killian and Mrugowsky gave reports on soldiers who had received the serum in high quantities and hours later, after apparently having recovered, died suddenly without visible reason. It was suspected that the phenol content of the serum brought about the fatal result. In the presence of Killian and Schreiber, Mrugowsky ordered Ding to take part in the performance of euthanasia with phenol on a concentration camp inmate and to describe the results in detail. Ding later witnessed the execution of four or five persons with phenol injections by the defendant Hoven in the Buchenwald concentration camp. According to orders, Ding reported his findings to Berlin. (NO-257, Pros. Ex. 283.)
Mrugowsky denied having given any such order to Ding. It is quite apparent, however, that Ding-Schuler, who was under arrest at the time he executed this affidavit, would not have implicated himself in a crime which did not occur. Mrugowsky’s continued interest in the effect of the phenol contained in serum is evidenced by a letter of 24 August 1944 from Grawitz to him. Grawitz stated that the Reich Leader SS had approved experiments proposed by Mrugowsky on the tolerance of serum containing phenol. (NO-1198, Pros. Ex. 466.)
d. Evidence
Prosecution Documents Pros. Ex. Doc. No. No. Description of Document Page NO-429 281 Extracts from the affidavit of Waldemar Hoven, 685 24 October 1946, concerning the killing of inmates by phenol and other means. NO-257 283 Extract from a sworn statement by Dr. Erwin 686 Schuler (Ding), 20 July 1945, concerning euthanasia with phenol injection.
Testimony
Extracts from testimony of the defendant Mrugowsky 688
TRANSLATION OF DOCUMENT NO-429 PROSECUTION EXHIBIT 281
EXTRACTS FROM THE AFFIDAVIT OF WALDEMAR HOVEN, 24 OCTOBER 1946, CONCERNING THE KILLING OF INMATES BY PHENOL AND OTHER MEANS
I, Waldemar Hoven, being duly sworn, depose and state:
1. I was born in Freiburg, Breisgau, on the 10th of February 1903. I attended high school but did not complete my education until many years later. Between the years 1919 and 1933 I visited Denmark, Sweden, United States, and France. In 1933 I returned to Freiburg and completed my high school course and then attended the Universities of Freiburg and Munich. In 1939 I concluded my medical studies and joined the Waffen SS as a physician. The last rank I held in the Waffen SS was Hauptsturmfuehrer (captain). In 1934 I had joined the Allgemeine SS.
2. In October 1939 I was assigned as an assistant medical officer in the SS hospital in the Buchenwald concentration camp and held that position until 1941 when I was appointed the medical officer in charge of the SS troops stationed in the camp. At the end of 1941 I was transferred to the camp hospital and became the assistant medical officer therein. This hospital was for the inmates of the Buchenwald concentration camp. In July 1942 I was elevated to the position of chief physician and thereby had the full responsibility for the inmate patients in the hospital. I held this position until September 1943 when I was arrested by the SS police court of Kassel and remained under arrest until 15th of March 1945.
3. Due to my various positions in the Buchenwald concentration camp during this period of nearly four years I became acquainted with all phases of the medical activities therein and am hereby able to make the following statement:
* * * * *
10. In the camp we had a great many prisoners who were jealous of the positions held by a certain few of the inmates, that is, some of the political prisoners held key positions and were able to get better living conditions than the average. Hence, many of the prisoners envied these positions and made every effort to discredit the men who held the key positions. Such traitorous actions became known through the “grapevine” to the men in the key positions and then such traitors were immediately killed. In each case I was later notified in order to make out the death statements of the prisoners killed. These statements did not indicate the actual cause of death but were made out to indicate that the prisoner died of natural causes.
11. In some instances I supervised the killing of these unworthy inmates by injections of phenol at the request of the inmates. These killings took place in the camp hospital and I was assisted by several inmates. On one occasion Dr. Ding came to the hospital to witness such killings with phenol and said that I was not doing it correctly, therefore he performed some of the injections himself. At that time three inmates were killed with phenol injections and they died within a minute.
12. The total number of traitors killed was about 150, of whom 60 were killed by phenol injections, either by myself or under my supervision in the camp hospital, and the rest were killed by various means, such as beatings, by the inmates.
The above affidavit written in the English language, consisting of five (5) pages, is true and correct to the best of my knowledge and belief. This affidavit was given by me freely and voluntarily, without promise of reward and I was subjected to no duress or threat of any
[Signed] DR. WALDEMAR HOVEN
TRANSLATION OF DOCUMENT NO-257 PROSECUTION EXHIBIT 283
EXTRACT FROM A SWORN STATEMENT BY DR. ERWIN SCHULER (DING), 20 JULY 1945, CONCERNING EUTHANASIA WITH PHENOL INJECTION
Freising, 20 July 1945
Erwin Schuler, M. D.
Case 508
As ordered I am briefly answering two questions:
1. Witness of Euthanasia with Phenol at Buchenwald.
At the end of 1942 I took part at a conference in the Military Academy of Medicine in Berlin. The topic of discussion was the fatal effect of gas gangrene serum on wounded men.
Present: Generalarzt Professor Schreiber, hygienist of the Military Academy of Medicine; SS Oberfuehrer Professor Mrugowsky, hygienist; Oberstabsarzt Professor Killian, professor in the University of Breslau, surgeon; a medical officer (surgeon) whose name I did not know; and myself, as department chief of the Central Institute for the Combating of Epidemics, Berlin.
Killian and Mrugowsky gave reports on soldiers who had been given gas gangrene serum in high quantities (up to 1,500 cc.) and hours afterwards, while feeling perfectly well, had died suddenly without any visible reason. Mrugowsky suspected that the cumulative effect of the phenol content of the injections was responsible for the deaths.
In the presence of the other gentlemen, Mrugowsky ordered me to take part in euthanasia with phenol in a concentration camp and to describe the result in detail, since neither I nor Mrugowsky had ever seen a case of death by phenol. Mrugowsky himself could not take part in the euthanasia because of an urgent trip to the East, on the other hand the affair was urgent for the fighting troops, and the publication of a new circular for the troop doctors.
A few days later I asked Dr. Hoven in Buchenwald to notify me when he performed euthanasia with phenol. The next evening he asked me to come to the operating theater in the inmates’ hospital. Besides himself and another doctor—probably Dr. Plaza—only two other prison male nurses, whom I cannot remember, were present.
I talked to the doctor about the composition of the phenol injection and, as far as I can remember, it consisted of undiluted raw phenol, which was to be administered in doses of 20 cc.
One by one, four or five prisoners were led in. The upper part of the body was naked so that their nationality patch [on their clothing] could not be distinguished. The condition of their bodies was bad and their age was advanced. I do not remember a diagnosis as to why euthanasia was to take place, but probably I did not ask about it either.
They sat down quietly on a chair, that is without any sign of excitement, near a light. A male nurse blocked the vein in the arm and Dr. Hoven quickly injected the phenol. They died in an immediate total convulsion during the actual injection without any sign of other pain. The time between the beginning of the injection and death I estimate at about ½ second. The rest of the dose was injected as a precautionary measure, although part of the injection would have been enough for the fatal result (I estimate 5 cc.).
The dead were carried into an adjoining room by the nurses—I estimate the time of my presence at 10 minutes.
I reported in Berlin according to orders. I know nothing further to say.
* * * * *
EXTRACTS FROM TESTIMONY OF THE DEFENDANT MRUGOWSKY[80]
DIRECT EXAMINATION
* * * * *
DR. FLEMMING: I now turn to the gas gangrene experiments. When examining the defendants Handloser, Rostock, Schroeder, Genzken, and the witness Bernhard Schmidt, we heard to what extent gas gangrene became prevalent at the front. I refer you to the Document NO-578, Prosecution Exhibit 284. I shall have it submitted to you. Would you please tell the Tribunal whether, in connection with gas gangrene, there was an extreme necessity in concentration camps and in the army to discover protective means to combat this disease?
DEFENDANT MRUGOWSKY: It was pointed out frequently that no infection can be taken so seriously in the surgical field as the infection by gas gangrene, since the mortality cases of these injuries were very high. In concentration camps, as Noeling told me, we often had cases of gas gangrene. Therefore, the Asid Works suggested that vaccine should be used in the same manner as in the case of diphtheria. This was done in these works sometimes in cases of tetanus. Such vaccine against gas gangrene was produced by the Behring Works and was tested on students at Marburg University at first, about which a publication is available. I received a small part of this gas gangrene toxin in order to protect people in danger. This gas gangrene toxin I gave to Noeling and he used it at Buchenwald. The chart is available concerning persons on whom this vaccine was used. It becomes evident from that that there is even an increase in temperature following that vaccination, and that we are here concerned with a completely harmless project which has nothing at all to do with an infection.
Q. Dr. Ding in an affidavit (NO-257, Pros. Ex. 283) stated that at the Military Medical Academy a conference took place on the question of gas gangrene serum. What do you know about that?
A. It is correct that such a conference actually took place. Whenever gas gangrene occurred a large amount of gas gangrene serum had to be used for treatment in order to insure success. It was not a mere ten or fifteen cubic centimeters, but 400 to 800 cubic centimeters which was given to the patient in the course of a few days. In Germany all serums which are obtained from animals, mostly horses, are mixed with 0.5 percent of phenol and carbolic acid—in order to preserve them—i. e., to 400 cubic centimeters I added a concentration of two cubic centimeters of phenol acid. This amount is, of course, far above the tolerance of human beings. Carbolic acid is one of the strongest acids we possess. When treating people with gas gangrene serums a number of deaths occurred. We discussed whether we were dealing with cases of serum death, resulting from the serum, or whether death was caused by the phenol added. Ding and I participated in that conference with others.
* * * * *
Q. Did you give Dr. Ding an assignment on the basis of this discussion to test this phenol question?
A. Yes, I told him to study the literature and to make use of the libraries of the pharmacological and forensic medicine institute in Jena. He was in touch with those institutes.
Q. Did you give him the assignment to participate in euthanasia with phenol?
A. No. I never heard anything about his having carried out such euthanasia, or of such killings having been carried out. I could not, therefore, have given him any such order.
Q. You are aware that in an affidavit of your codefendant Hoven it is stated that Ding himself carried out killings in Buchenwald with phenol. Had you given him instructions to that effect?
A. No. I did not give him any such instructions, and there was no occasion to do so because death by phenol is well known in literature; simply reading works on the subject would have sufficed.
DR. FLEMMING: Mr. President, I submit Document Mrugowsky 28. I should like to submit it as Mrugowsky Exhibit 46. It is an affidavit of Professor Killian, who is a university professor at Halle/Saale. He says:
“In 1941-1943 I was consulting surgeon with the 16th Army in the East. We had experienced numerous cases of death and injury to the circulatory system due to the effects of gas gangrene serum. In my opinion, these bad effects cannot only be attributed to the inoculation of great quantities of unrelated serums, but also to the addition of one-half percent phenol, as is prescribed by law. Since up to 150 cc. of gas gangrene serum—sometimes even more than that—was given intravenously to wounded in the field, in my opinion the total quantity of phenol added then approached becoming a danger. This became obvious after four of my collaborators had had themselves injected intravenously with a phenol common salt solution of 0.5 percent density. All of them showed typical signs of phenol poisoning to a different degree. In a letter to the medical inspectorate I called their attention to the disappointing effects of the gas gangrene serum and to the detrimental effect of phenol, and made proposals for a change. Consequently, I was officially ordered to report during my stay in Berlin to Oberstarzt Professor Schreiber, who was a specialist on this matter. Present at this conference were Professor Mrugowsky and a junior physician whose name I no longer remember. I did not know any of the three gentlemen; I saw and spoke to them then for the first time. Apart from a few general questions concerning bacteriology, we discussed mainly the gas gangrene serum problem. I had to give an exact report on what took place at the front and on the symptoms of poisoning. The discussion then took two directions. First, the question whether it was possible for industry to substitute a harmless disinfectant for the dangerous phenol, and which one of the many substances would be suitable for this purpose.”
Number two is not important. And I can skip the next paragraph too. I come to the last paragraph:
“I well remember the substance of the discussions and declare that no mention was made of any experiments in a concentration camp, or of effecting euthanasia by injecting phenol. Such considerations never even came up for discussion, let alone an order in my presence by one of the medical officers. This would certainly have remained in my memory. I may add that a reason for such experiments did not exist since the symptoms of phenol poisoning are well known and may be found in any book on pharmacology. Apart from this, the question had been sufficiently settled by the above-mentioned experiments which the physicians had carried out on themselves. I am convinced that Dr. Ding’s statements are not true.” [Signed by Professor Killian, and certified.]
On the basis of instructions that he was to inform himself from literature about phenol poisoning—instructions which you gave to him—what did Ding report? Was the question of gangrene serum, and the deaths resulting from it, settled?
DEFENDANT MRUGOWSKY: Ding made a report. I waited for it for some time and when it did not come I myself read up on this question. Then I was no longer interested in his report.
Q. On page 20 of the Ding diary (NO-265, Pros. Ex. 287) it says that a special experiment on four persons was carried out on behalf of Gruppenfuehrer Nebe. What do you know about that?
A. I have already mentioned the case of Hauptscharfuehrer Koehler, who was at the hospital at Weimar, who died from poisoning. Inaccurate statements were given about his death and autopsy. It was said that they occurred in the Buchenwald concentration camp—which is not true. At the discussion of the autopsy findings in the Reich Criminal Police Office, the opinion had been expressed that this death might have resulted from pervitin together with a narcotic drug. I participated in this discussion.
DR. FLEMMING: Mr. President, I have already submitted the affidavit by Dr. Konrad Morgen. (Mrugowsky 29, Mrugowsky Ex. 36.) When I submitted it I read the first one and one-half pages. I should now like to read the following portion:
“Professor Dr. Timm”—that is, the forensic medical expert from Vienna who performed the autopsy on Koehler—“came to the opinion that there were two possibilities: first, that a South American poison had been used which was totally unknown to us and which dissolves completely in the human body; second, that a combination of drugs had been used. One drug had excited the circulation to the point of exhaustion, the other drug had acted as an antidote. Professor Dr. Timm spoke of the possibility that pervitin had been used together with a soporific. The idea that a South American poison had been used was rejected from a criminological point of view. From a technical point of view the second possibility would have been quite possible.
“I had to report the case to the Reich Security Main Office. Subsequently, a conference took place in the Reich Security Main Office at which quite a number of persons were present. The chief of the Reich Security Main Office [sic], Gruppenfuehrer Mueller, presided. Gruppenfuehrer Nebe of the Reich Criminal Police was also present, as well as Professor Dr. Mrugowsky. At the conference various persons, among others also Dr. Mrugowsky, pointed out that pervitin was not a poison, that it could be obtained without a prescription. One of the gentlemen present pointed out that in America experiments were carried out where up to 100 tablets of pervitin were administered and the effects were not fatal. But no one present could answer the question of whether a combination of pervitin and a soporific would be harmless, or whether it would lead to an increased reaction to any one direction. The latter appeared improbable to the experts. In order to settle this question Gruppenfuehrer Mueller ordered that an experiment be conducted. He ordered that Dr. Ding, whom he knew, should conduct this experiment in Buchenwald.
“It was ruled that in this experiment, which was to settle the purely criminal side of the question, only minute quantities of pervitin and soporific should be used, since it would be impossible to give large quantities of pervitin and a soporific unobtrusively to the prospective victim. Moreover, larger quantities of these drugs would have been found in any case by means of a chemical analysis. The scientific theoretical problem concerning the harmfulness or even deadliness of maximum doses did not interest anyone.
“I was present at the experiments at Buchenwald.
“Five persons were presented to us for testing, because Gruppenfuehrer Mueller had ordered experiments to be conducted on five persons. I checked the papers of the persons to be experimented on prior to the experiment. They were Russians who had deserted, or workers, who had formed a gang, stolen, and plundered, and had even been charged with murder. They had all been sentenced to death before a special court in Pomerania. Gruppenfuehrer Mueller had already previously been given the order for their execution.
“I had agreed with Dr. Ding that a preliminary experiment should be made on three persons to see the kind of reaction this combination had in the organism. Some of the condemned could speak German. They were told that the experiments were neither dangerous nor painful, and that by taking part they would at least put off their execution. Thereupon they all volunteered. Dr. Ding chose three of them. They were transferred to Block 46. There they were given a dose of pervitin and a subcutaneous injection of a soporific. Then they had to go to bed. They fell asleep. Their sleep was very restless. One of them slept for 20 hours. The others awoke a little earlier * * *.”
Then he says that none of them showed the symptoms which Koehler had shown, and that the experiment was considered completed. In the last sentence of the next paragraph he says, “Therefore, I told Dr. Ding that he should not make any more experiments, and I reported this to Gruppenfuehrer Mueller.” I shall read the last paragraph in another connection.
According to the affidavit of Dr. Morgen, Mueller ordered Ding to carry out the experiment at Buchenwald. Did you receive a report on this experiment?
A. No, I did not receive a report on it.
* * * * *
CROSS-EXAMINATION
MR. HARDY: Prior to the afternoon recess, Doctor, we were discussing the phenol problem. Now, in this connection, did you at any time propose experiments to be conducted at Buchenwald concerning the tolerance of serum or sera containing phenol? That is, did you propose that in 1942 or 1943 at any time?
DEFENDANT MRUGOWSKY: No. No such suggestions were made and they were not necessary, because in Germany every serum contains phenol. In the German serum industry there is no serum produced without phenol. I am speaking of the sera for therapeutic purposes, not vaccines.
Q. Then at no time did you even propose that experiments be conducted to determine the tolerance of sera containing phenol; is that what you say?
A. No. I never suggested that.
Q. Are you sure, Doctor?
A. Yes.
MR. HARDY: At this time, your Honor, I offer Document NO-1198 as Prosecution Exhibit 466, for identification. This is a letter dated Berlin, 24 August 1944. Subject: Service of experiments. It has reference-file indexes, addressed to the chief hygienist on the staff of the Reich Physician SS and Police, Berlin-Zehlendorf:
“Dear Mrugowsky,
“I am able to inform you that the Reich Leader SS has approved today the series of experiments proposed by you.
“1. Specific therapy with typhus.
“2. Tolerance of sera containing phenol.
“I agree that both series of experiments in the department for typhus and virus research of the Hygienic Institute of the Waffen SS in Weimar-Buchenwald should be carried out, and request that I be informed of the course of the findings, perhaps through intermediary reports.”
“By order of Grawitz.”
The signature is “NICOLAI”.
Q. Now this states that the Reich Leader SS has approved a series of experiments proposed by you and the experiments may be carried out in Buchenwald. You stated that you never proposed experiments to determine the tolerance of sera containing phenol. Now do you maintain, Doctor, that you never initiated any experimentation to determine the tolerance of sera containing phenol?
A. Yes. The connection here is something quite different. I shall discuss point two first.
I have already said that in Germany there were no sera without phenol. In connection with this phenol question in German serum, I informed Grawitz about the question which is being discussed here—Killian and Schreiber were present—and I told him that industry should try to produce sera without phenol, as the French serum industry had been doing for some time. I knew that suggestions to that effect had been sent to the industry, but that the German serum industry had refused, during the war, to effect any such basic change in its production because it was not in a position to obtain the necessary special apparatus, filters, etc. I therefore told Grawitz that in serum therapy for ordinary diseases—I was thinking primarily of diphtheria, where large quantities of serum were used at the time in the therapy against diphtheria once it had broken out, because the highly concentrated serum was no longer available in necessary quantities—I told him that in the case of such diseases one should watch to see whether injury from phenol might result. I told him also that it would be desirable to know whether serum without phenol would definitely prevent such shock. I also remember that this point too had connection with the fact that we had negotiated with the Behring Works for the production of serum frequently in small quantities in order to use it, and to compare it with other serum. If I remember correctly this involved diphtheria serum, that is the serum which is used most in Germany. The comparison was to be made of symptoms following the administration of the usual antidiphtheria serum containing phenol on children, and it was to be noted whether the symptoms would appear; and the symptoms following the administration of serum free of phenol were also to be noted. This was what Grawitz meant here, and he called that a series of experiments. I might point out that this expressed series of experiments in this case cannot refer to artificial infection, because it is not possible to have a human being artificially infected with diphtheria serum.
Q. Doctor, after receiving this confirmation of your proposals to perform experiments as outlined in this letter, you must have issued orders in that regard. Now to whom did you issue those orders?
A. No. I did not issue any orders. In my opinion this concerns activities of some civilian hospitals; for among the troops, and in concentration camps, we did not have any diphtheria patients.
Q. Just a moment, Doctor. But it is said in this letter that Grawitz agrees that these experiments can be carried out in the Department for Typhus and Virus Research of the Hygiene Institute of the Waffen SS in Weimar-Buchenwald. Did you or did you not carry out these experiments in Weimar-Buchenwald?
A. No.
Q. Never issued any orders to carry out such experiments to Ding, for instance?
A. I have already explained what this series of experiments means. It is possible that I suggested, for example, that he was to vaccinate one child with one kind of serum and another child with another serum. That is possible; I don’t remember about that. But to try out serum containing phenol on human beings, that I did not order. * * *
-----
[80] Complete testimony is recorded in mimeographed transcript, 27, 28, 31 Mar and 2, 3 Apr 1947, pp. 5000-5244, 5334-5464.
15. EXPERIMENTS FOR MASS STERILIZATION
a. Introduction
The defendants Karl Brandt, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Brack, Pokorny, and Oberheuser were charged with special responsibility for and participation in criminal conduct involving sterilization experiments (par. 6 (I) of the indictment). In the course of the trial the prosecution withdrew this charge in the case of the defendants Mrugowsky and Oberheuser. On this charge the defendants Gebhardt, Rudolf Brandt, and Brack were convicted, and the defendants Karl Brandt, Poppendick, and Pokorny were acquitted.
The prosecution’s summation of the evidence on the experiments for mass sterilization is contained in its closing brief against the defendant Rudolf Brandt. An extract from this brief is set forth below on pages 695 to 702. A corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant Gebhardt and closing brief for the defendant Pokorny. It appears below on pages 702 to 708. This argumentation is followed by selections from the evidence on pages 710 to 738.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT RUDOLF BRANDT_
Sterilization Experiments
By 1941 it was the accepted policy of the Third Reich to exterminate the Jewish population of Germany and the occupied countries.[81] Because of the pressing need for laborers, sterilization of Jews able to work was considered as an alternative to outright extermination. (NO-205, Pros. Ex. 163.)
In order to ascertain cheap and fast working methods for sterilization, experimentation on concentration camp inmates by means of drugs (NO-036, Pros. Ex. 143), injection of an irritating solution (NO-212, Pros. Ex. 173) and X-rays and surgical operation (Tr. pp. 556-9) were carried out on a large scale. Brandt not only had full knowledge of these experiments, but collaborated actively in all of them.
The purpose of the sterilization experiments is well described by Brandt in his own affidavit:
“Himmler was extremely interested in the development of a cheap and rapid sterilization method which could be used against enemies of Germany, such as the Russians, Poles, and Jews. One hoped thereby not only to defeat the enemy but to exterminate him. The capacity for work of the sterilized persons could be exploited by Germany, while the danger of propagation would be eliminated. As this mass sterilization was part of Himmler’s racial theory, particular time and care were devoted to these sterilization experiments. Surgical sterilization was of course known in Germany and applied; this included castration. For mass application, however, this procedure was considered as too slow and too expensive. It was further desired that a procedure be found which would result in sterilization that was not immediately noticeable.” (NO-440, Pros. Ex. 141.)
Sterilization experiments in order to ascertain the efficacy of a drug known as caladium seguinum (Schweigrohr) were suggested to Himmler by the defendant Pokorny in October 1941. Pokorny reported that Dr. Madaus had found, as a result of his research on medical sterilization of animals, that caladium seguinum produced sterility in animals when administered orally or by injection. Pokorny further stated in his letter that:
“* * * the immense importance of this drug in the present fight of our people occurred to me. If, on the basis, of this research, it were possible to produce a drug which after a relatively short time effects an imperceptible sterilization on human beings, then we would have a new powerful weapon at our disposal. The thought alone that the 3 million Bolsheviks, at present German prisoners, could be sterilized so that they could be used as laborers but be prevented from reproduction, opens the most far reaching perspectives.”
He therefore advocated immediate research on human beings in order to determine the dose and length of treatment, the cultivation of the plant caladium seguinum in hothouses, and chemical research in order to produce the drug synthetically on a large scale. (NO-035, Pros. Ex. 142.)
Himmler agreed to Pokorny’s suggestions and requested Pohl, on 10 March 1942, to contact Dr. Madaus and to “offer him possibilities for doing research in cooperation with the Reich Physician SS (Grawitz) on criminals who would have to be sterilized in any case.” He further ordered that the intended plan of research should be submitted to him. It was the defendant Rudolf Brandt who forwarded a copy of this letter to Grawitz (NO-036, Pros. Ex. 143) and furnished him, on 20 April, with a copy of Pokorny’s report and information on the publications of Madaus concerning medicinal sterilization of animals. (NO-037, Pros. Ex. 146.)
Brandt’s office submitted Madaus’ report on the studies of experiments on animals to SS Obergruppenfuehrer Heydrich, Chief of the Security Police and SD. The letter of transmittal, dated 23 April 1942, bears the same file number as Himmler’s letter to Pohl (752/5) and refers expressly to “the question of sterilization by medicine.” (NO-047, Pros. Ex. 145.)
In June 1942 Brandt requested a report from Pohl, Chief of the WVHA, as to the progress of the preparation for experiments. (NO-038, Pros. Ex. 147.) Pohl reported on 3 June 1942 that since “Schweigrohr,” from which caladium seguinum was derived, grew only in North America and could not be exported in adequate quantities, attempts to grow the plant from seed cultivated in hothouses had been made by Dr. Koch of the Biological Institute of the Madaus Works. These attempts had been successful, but the process of growing the plant and developing the drug was not speedy enough and the yield not sufficient to permit experimentation on a large scale. In order to remove these difficulties, he said that it would be necessary to build a larger hothouse. (NO-046a, Pros. Ex. 148.) On 11 June, Brandt advised Pohl that he had informed Himmler of his letter and that Himmler wanted Pohl to see to it that a large hothouse was placed at Dr. Koch’s disposal as soon as possible as Himmler considered the experiments extremely important. Brandt also asked Pohl for further reports in the matter. (NO-046b, Pros. Ex. 149.) Only eight days later Brandt himself had a conference with Pohl in which, among other things, he informed Pohl of Himmler’s request to have the ingredients of caladium seguinum thoroughly investigated to determine whether equally effective ingredients could be found in plants more easily accessible. Brandt requested that the work of Dr. Koch should be carried out to the fullest extent. He informed Pohl that experiments should be conducted in concentration camps with the amount of the drug then available. Pohl agreed to take the necessary steps at once. (NO-044, Pros, Ex. 150.) Department IV-B-4 of the Reich Security Main Office, the agency which was in charge of the solution of the Jewish question[82] was informed by a subordinate of Brandt about Madaus’ research work and requested to collaborate closely with Pohl in this matter. (NO-050, Pros. Ex. 151.) A copy of this letter was forwarded to the defendant Rudolf Brandt. (NO-051, Pros. Ex. 152.)
The Deputy Gauleiter of Gau Lower Danube (Lower Austria), SS Obergruppenfuehrer Gerland, informed Himmler on 24 August 1942 that the Director of the Office for Racial Policy in that province, Dr. Fehringer, had examined the question of mass sterilization and, in this connection, had come across Dr. Madaus’ studies on medicinal sterilization with caladium seguinum. For reasons similar to those suggested by the defendant Pokorny (NO-035, Pros. Ex. 142), Gerland advocated experimentation on inmates of the gypsy camp of Lackenbach in Gau Lower Danube. Gerland pointed out that if these experiments were successful, as was expected, it would be possible to sterilize practically unlimited numbers of people in the shortest time and in the simplest way conceivable. (NO-039, Pros. Ex. 153.)
It was the defendant Rudolf Brandt who took the matter up and informed Gerland on 29 August of the steps which had already been taken in respect to experiments with caladium seguinum. From Brandt’s letter, it is apparent that Himmler was not present at that time. Brandt took care of this matter on his own initiative and informed Gerland that Pohl and Grawitz were in charge of the experiments. He requested information from Gerland whether Dr. Fehringer had caladium seguinum available and what means for the procurement of this plant the latter would suggest. (NO-040, Pros. Ex. 154.) Copies of Gerland’s letter were forwarded by Brandt to Pohl and Grawitz. On 7 September 1942, Pohl gave Gerland further details and informed him that he and Dr. Lolling were personally supervising the experiments. Pohl, in turn, sent copies of this letter to Rudolf Brandt and Grawitz. In the covering letter to Brandt, Pohl informed him that he had been to the Madaus Works to convince himself of the progress of the experiments and that Dr. Lolling would cooperate in them. An agreement had been reached with Madaus “to transfer the experiments to our concentration camps as soon as possible.” (NO-041, Pros. Ex. 156.)
On 14 October 1942, Gerland wrote to Rudolf Brandt and informed him of the letter he had received from Pohl. He stated that he considered Dr. Fehringer’s suggestion to use inmates of the gypsy camp of Lackenbach as obsolete, as Pohl had informed him that Lolling was already collaborating with the Biological Institute of Madaus. He further advised Brandt that Fehringer was of the opinion that it was quite possible to produce caladium seguinum chemically or have the plant cultivated in hothouses to an extent which would be sufficient for experimental purposes. He also suggested collaboration between Lolling and Fehringer. (NO-043, Pros. Ex. 157.) Brandt’s reply of 25 October reveals that he, on his own initiative in Himmler’s absence, agreed to the collaboration between Fehringer and Lolling. (NO-049, Pros. Ex. 159.) Brandt sent copies of Gerland’s letter of 14 October (NO-043, Pros. Ex. 157) and his reply (NO-049, Pros. Ex. 159) to Pohl. In his covering letter to Pohl he expressed the conviction that in spite of the fact that he could not consult Himmler, he was convinced that the latter would certainly welcome experiments to produce caladium seguinum synthetically. He asked Pohl to arrange for a contact between Lolling and Fehringer. (NO-048, Pros. Ex. 158.)
There is no reasonable doubt that the sterilization experiments with caladium seguinum were, in fact, carried out on concentration camp inmates. Himmler, who was the highest authority to decide such questions, not only gave his consent to these experiments (NO-036, Pros. Ex. 143) but considered them “extremely important” (NO-046b, Pros. Ex. 149) and requested that they should be carried out in the concentration camps in any case. (NO-044, Pros. Ex. 150.) Pohl, who was in charge of the administration of the concentration camps, agreed upon the request of Brandt to take the necessary steps immediately. (NO-044, Pros. Ex. 150.) There can be no doubt that Department IV-B-4 of the Reich Security Main Office, which was charged with the solution of the Jewish question, was informed about Madaus’ research work for the purpose of furnishing the necessary Jewish victims for the experiments. The collaboration of Dr. Lolling, who was the doctor in charge of all concentration camps, can only be explained in connection with experimentation in these camps. This is also clear from Gerland’s letter to Brandt:
“SS Obergruppenfuehrer Pohl has informed me that the doctor of his Main Office is already collaborating with the Madaus Biological Institute for research on the effects of caladium seguinum, so that the suggestion of my District Main Office Leader, Dr. Fehringer, becomes obsolete.” [Emphasis added.] (NO-043, Pros. Ex. 157.)
It can only be concluded that Pohl and Lolling carried out the experiments in concentration camps as was agreed upon between them, Himmler, Brandt, and Madaus. (NO-043, Pros. Ex. 157.) Moreover, Brandt himself admitted in his affidavit that experiments with caladium seguinum on human beings were performed in concentration camps:
“As result of Pokorny’s suggestion experiments were conducted upon concentration camp prisoners in order to test the effect of the drug. Simultaneously all efforts were made to cultivate the plant in large quantities. Oswald Pohl, Chief of the Economic and Administrative Main Office, took a personal interest in this matter. Hothouses were used, with a certain amount of success, to cultivate this plant, and the experiments were continued.” (NO-440, Pros. Ex. 141.)
On 30 May 1942, Dr. Clauberg wrote to Himmler asking his support on sterilization experiments on female concentration camp inmates. (NO-211, Pros. Ex. 169.) On 4 June the defendant Poppendick forwarded to Rudolf Brandt a list of doctors who were authorized to carry out sterilization. Clauberg is listed among these doctors. (NO-214, Pros. Ex. 168.) On 7 and 8 July, a conference took place between Himmler, Gebhardt, Gluecks, and Clauberg. The topic of discussion was the sterilization of Jewesses. Clauberg was promised by Himmler that the Auschwitz concentration camp would be placed at his disposal for experiments on human beings. He was assigned the task of performing experiments to test a method of sterilizing persons without their knowledge. He was ordered to report on this matter as soon as possible so that measures could be taken “for the practical realization of the sterilizations on a larger scale”. It was suggested that Hohlfelder be consulted on the sterilization of men by X-rays. The participants in the conference were admonished that these experiments were a matter of utmost secrecy. Rudolf Brandt denied having been present at this conference. Be that as it may, one of the two file memoranda which reveal complete knowledge of all details discussed in this conference was dictated by Brandt (NO-215, Pros. Ex. 172), and the other was signed by him. (NO-216, Pros. Ex. 170.)
On 10 July 1942, Rudolf Brandt wrote a letter to Clauberg in which he informed him of the details of his assignment and the plans for the execution of the experiments. Clauberg was ordered to report to Himmler on how long it would take to sterilize, a thousand Jewesses by his method. It was suggested that Clauberg should contact Pohl and a camp physician of the Ravensbrueck concentration camp in order to perform there his sterilization experiments. Brandt stated further:
“Thorough experiments should be conducted to investigate the effect of the sterilization, largely in a way that you could find out after a certain time, which would have to be fixed, perhaps by X-rays, what kind of changes have taken place. In some cases a practical experiment might be arranged by locking up a Jewess and a Jew together for a certain period and then seeing what results are achieved.
“I ask you to let me know your opinion about my letter for the information of the Reich Leader SS.” [Emphasis added.] (NO-213, Pros. Ex. 171.)
Copies of this letter were sent by Brandt to Pohl, Grawitz, SS Sturmbannfuehrer Koegel of the Economic and Administrative Main Office, and to Gruppenfuehrer Mueller of the Reich Security Main Office. On 7 June 1943, Clauberg was able to report, on the basis of his experiments, that it would be possible to sterilize several hundred, if not a thousand, per day by his methods. He stated that sterilization could be “performed by a single injection made from the entrance of the uterus in the course of the usual customary gynecological examination”. (NO-212, Pros. Ex. 173.)
The sterilization experiments of Clauberg were, in fact, carried out in the Auschwitz concentration camp. Brandt communicated with Clauberg on this matter again on 19 June and 22 July 1943. While these two letters are not available, it is clear from Clauberg’s reply to Brandt, dated 6 August, that these communications were reminders to Clauberg to expedite his experimentation. In his reply, Clauberg stated:
“I really do need the second X-ray installation—I can give you the explanation only by word of mouth—at any rate the probability exists that even more of the installations will be needed later on (it depends on, the application of my results the moment these are determined). For I can get the installation without further difficulties, that is, it is ‘waiting’ for me—really I have got it already!
“I had an opportunity to acquire one myself and I quickly laid hands on it, and the installation has been set up for some weeks. But what I care for is the following:
“I urgently need this installation here in Koenigshuette for my contrary (positive) research. But I cannot spare it in Auschwitz until I get a second installation from the Waffen SS. If I may tell you something between ourselves—the fact is that I will be able to replace my own existing installation provided the Reich Leader SS will give me his approval. I would not bother either him or you with this unless it were really necessary.” (NO-210, Pros. Ex. 174.)
Brandt himself admitted in his affidavit that Clauberg did carry out sterilization experiments in the Auschwitz concentration camp on a large scale. He stated:
“Dr. Clauberg developed further a method for the sterilization of women. This method was based upon the injection of an irritating solution into the uterus. Clauberg conducted widespread experiments on Jewish women and gypsies in the Auschwitz concentration camp. Several thousand women were sterilized by Clauberg in Auschwitz.” (NO-440, Pros. Ex. 141.)
Sterilization of Jews by means of X-rays was suggested to Himmler by the defendant Brack in the spring of 1941. (NO-426, Pros. Ex. 160.) Himmler requested Brack to investigate with some of the physicians who were active in the euthanasia program, the possibility of sterilization which would keep the victims unaware of their terrible fate. (Tr. p. 7484.) On 28 March 1941, Brack forwarded to Himmler a report of the results of experiments concerning X-ray castrations in which he stated that mass sterilization by means of X-rays could be carried out without difficulty. Brack estimated that with twenty X-ray installations, sterilization of 3,000 to 4,000 victims could be carried out daily. (NO-203, Pros. Ex. 161.) On 12 May 1941 a subordinate of Brandt, SS Sturmbannfuehrer Tiefenbacher, acknowledged receipt of Brack’s report and sent a copy to the Chief of the Security Police and SD, Heydrich. (NO-204, Pros. Ex. 162.)
The invasion of Russia began in the summer of 1941 and Brack’s proposal was not acted on immediately, but on 23 June 1942, when Germany appeared to be on the verge of victory, Brack again wrote to Himmler suggesting the sterilization of Jews who were able to work. Jews unable to work were being exterminated. (NO-205, Pros. Ex. 163.) Himmler wrote to Brack on 11 August 1942 that further experiments to ascertain the effectiveness of X-ray sterilization should be carried out on concentration camp inmates by expert physicians who were to be furnished by Brack’s chief, Bouhler. Rudolf Brandt sent copies of this letter to Pohl and Grawitz in order to put Himmler’s decision into effect. (NO-206, Pros. Ex. 164.) Brack ordered his deputy, Blankenburg, to contact the chiefs of the concentration camps for this purpose. Blankenburg’s letter, which communicated this fact to Himmler, was received by Brandt’s office on 15 August 1942. (NO-207, Pros. Ex. 165.) As a result, experiments on inmates in the Auschwitz concentration camp were carried out by Dr. Schumann. (NO-208, Pros. Ex. 166.) One of the victims of these atrocious experiments who, after having been subjected to severe doses of X-ray in the genital area, was castrated by operation in order to determine the effects of the X-ray. (Tr. p. 541.) At least 100 involuntary experimental subjects—Poles, Russians, French, and prisoners of war—were used for these experiments. Only young, well-built inmates, in the best of health, were selected for them. (Tr. pp. 556-7.) Nearly all the victims of these experiments were exterminated as the severe X-ray burns made them incapable of working. (Tr. p. 557; Tr. p. 543.) Brandt admitted in his pretrial affidavit that “sterilization experiments were likewise conducted with X-rays. Dr. Schumann applied this procedure in Auschwitz and sterilized a number of men.” (NO-440, Pros. Ex. 141.)
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c. Selection from the Argumentation of the Defense
_EXTRACT FROM THE FINAL PLEA FOR DEFENDANT GEBHARDT_[83]
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The Sterilization Experiments
The defendant Gebhardt is also accused of special responsibility for these experiments and of participation in them. The evidence, however, proved that this contention of the indictment is not true. First of all it should be pointed out that the life work of the defendant Gebhardt as a physician was based on the principle of helping the physically and mentally affected and to find cures for restoring them as fully qualified members of human society. That was the reason for the establishment of the training camp Hohenaschau in the lower Alps of Bavaria, which was repeatedly mentioned in the evidence. He also made this principle the finding principle of his work as chief physician of the hospital at Hohenlychen. The defendant Gebhardt did not hold the opinion that a sound population policy could be realized by negative measures only; on the contrary, he was convinced that the faculties of physically and mentally handicapped patients ought to be improved by new methods of treatment and their efficiency thus increased. He applied these principles not only in his rehabilitation surgery dealing with injuries but also in the cure of hereditary physical defects. I am here referring to the affidavits of Professor Dr. Iseling, Professor Dr. Buerkle de la Camp, and of the Generalarzt, Dr. von Heuss. (Gebhardt 7, Gebhardt Ex. 1; Gebhardt 8, Gebhardt Ex. 2; Gebhardt 9, Gebhardt Ex. 3.) I further refer to the affidavits presented in court as exhibits in volume II of my document books. All these witnesses’ affidavits in connection with the defendant’s own statements make it obvious that his medical attitude was not based on the principle of negative selection and the destruction of unworthy lives or the prevention of propagation of such human beings but, on the contrary, that he was led by the conviction that these human beings must be helped insofar as medical science was able to help them at all. In their presentation of evidence, the prosecution presented documents concerned with the sterilization experiments. It is obvious from these documents that three different methods of quick and simple sterilization had been considered.
The first experiments were supposed to be carried out with caladium seguinum. The documents presented in this connection proved clearly that the defendant Gebhardt had nothing to do with this matter and that he apparently had no knowledge of it. May I, as a matter of precaution, point out the following: to start with, I wish to refer to the letter of Reich Leader SS Himmler to SS Obergruppenfuehrer Pohl of 10 March 1942, which proves that the experiments with caladium seguinum were supposed to be carried out on criminals whose sterilization had been ordered before that anyway. (NO-036, Pros. Ex. 143.) In this connection I should like to point out that the German Penal Code expressly provides in certain cases for compulsory sterilization and castration of certain types of criminals. The experiments in themselves, therefore, need not be contrary to the law. From the other documents presented by the prosecution it is, however, to be seen that the plans to carry out sterilizations with caladium seguinum were dropped. It turned out that a cultivation of this plant, or at least of a quantity adequate for experimental purposes was impossible. From the evidence presented by the prosecution it is obvious that it only came to preparatory measures which, according to generally acknowledged principles, cannot be considered punishable.
The second part of the documents deals with sterilization by X-rays. The prosecution presented no evidence from which it can be concluded that the defendant Gebhardt had knowledge of this matter.
Finally, the third part of the documents deals with sterilization experiments conforming with the methods of Professor Dr. Clauberg. From Professor Dr. Clauberg’s letter to the Reich Leader SS Himmler dated 30 May 1942 presented by the prosecution as evidence, it is obvious that the initiative for these experiments and the methods used originated exclusively with Professor Clauberg himself. In this connection, it must be pointed out that it was quite obvious that Professor Clauberg’s intention was not only to develop the simplest possible method of sterilization, but that he aimed at the establishment of an all-inclusive “Research Institute for Propagation Biology” with due consideration for the demands of a positive population policy. This is demonstrated among other things by the content of Document NO-211, Prosecution Exhibit 169, and the plan for this research institute attached to that document.
In the course of evidence and referring to the sterilization experiments, the prosecution has submitted two file notes of the defendant Rudolf Brandt (NO-216, Pros. Ex. 170; NO-215, Pros. Ex. 172) which refer to a discussion with the Reich Leader SS on 7 July 1942 and 8 July 1942, in which the defendant Gebhardt had participated. The evidence has shown that these are two file notes which refer to the same discussion. The evidence, however, has further demonstrated that this was the very discussion during which the conditions were established under which the sulfanilamide experiments were to be carried out. This was the reason why the defendant Gebhardt took part in this discussion at all. The defendant Rudolf Brandt who had written these file notes did not participate in the discussion, and obviously the file notes were made due to some remarks made by Reich Leader SS Himmler to the defendant Brandt following the discussion.
The fact that the defendant Gebhardt had nothing whatsoever to do with these sterilization experiments is also demonstrated by another document which was also introduced as evidence by the prosecution. I refer in this connection to the letter which the defendant Brandt by order of the Reich Leader SS sent to Professor Clauberg on 10 July 1942, that is, a few days after the discussion mentioned. This letter has been submitted to the Tribunal by the prosecution. (NO-213, Pros. Ex. 171.) Copies of this letter were sent to SS Obergruppenfuehrer Pohl, to SS Gruppenfuehrer Grawitz in his capacity as Reich Physician SS and to two other offices, but not to the defendant Gebhardt. There can be no doubt that a copy of this letter would have been sent to this defendant, too, if his participation in Clauberg’s experiments would have been decided upon or even considered in any form. This seems to be the more impossible, apart from the reasons already given, since the defendant Gebhardt at no time concerned himself with sterilization problems. In this connection it is necessary to refer briefly to the affidavit of the defendant Rudolf Brandt, of 19 October 1946, which has been introduced by the prosecution and in which it is asserted among other things that “Dr. Karl Gebhardt apparently performed surgical sterilization at the Ravensbrueck camp.” (NO-440, Pros. Ex. 141.) By the wording of this affidavit it is already demonstrated that here only an assumption is stated. The defendant Rudolf Brandt could not state any facts on which he could base this assumption. In view of the other result of the evidence, and above all because of Rudolf Brandt’s own statements, no substantial value can be attached to this affidavit. In these circumstances it will be useless to discuss this question any further, especially also in view of the fact that surgical sterilization offers no problems and that it is difficult to understand what reasons the defendant Gebhardt could have had to work on this field which was quite foreign to him.
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_EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT POKORNY_
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Sterilization with caladium seguinum is impossible as is shown by the following opinions:
1. Opinion of Dr. August Wilhelm Forst of the University of Munich. (Pokorny 20, Pokorny Ex. 28.) This opinion states:
“Apart from all these restrictions it appears to me that the whole idea cannot claim to have any actual significance, since it would hardly have been possible to import tropical plants in large numbers to Europe during the war and to work out a rational method for production of the effective substance as well as the initiation of animal experiments on a broad basis. This would have required disproportionally more time than was available up to the time when the war was lost.”
2. Opinion of Professor Dr. Helmuth Weese, Director of the Pharmacological Institute of the Medical Academy in Duesseldorf. (Pokorny 19, Pokorny Ex. 27.) This opinion states:
“Asked whether it can be assumed that after studying the work of G. Madaus and Dr. E. Koch, ‘Studies in Animal Experiments concerning Medical Sterilization by Caladium Seguinum’ in the Journal of Experimental Medicine, page 68, 1941, a doctor can come to the conclusion that he can sterilize human beings with caladium seguinum, I have the following comment:
“In the research mentioned it was proved that the authors managed to sterilize rats by feeding them with the juice of caladium seguinum. The proof is not only given by pairing experiments but by anatomical examinations. In order to achieve this sterilization of female as well as of male rats weighing 150-180 grams, daily doses of ½ cubic centimeter for each rat had to be administered 30-50 times and 40-90 times, respectively, without assuring a certain result. Applied to a human being weighing 70 kilograms this would mean that 200 grams of juice would have to be administered daily.
“It is also proved in these examinations that a large number of the animals treated died from the poisonous effects of the caladium juice. The juice has therefore no specific action on the reproductive system. It is still completely unknown if these injurious complications are caused by the main substance of the juice or any other ingredients.
“Such nonspecific damage to the reproductive system in similar ways but with different substances is also observed in human beings, for example as result of serious abuse of nicotine, morphine, etc., where it also occurs only together with most severe harm to other functions.
“The question arises for every doctor if these experiments on rats can be applied to human beings at all. Madaus and Koch reject them on principle because they merely want to determine if the layman’s belief about sterilizing men with large amounts of the caladium extract can be proved in animal experiments.
“A prerequisite for the use of the caladium extract on human beings in our countries would be the cultivation in central Europe of the South American caladium. This appears extremely improbable to any student of natural science with the least experience. Even if it could be cultivated, this would not prove that it would produce the same effective substances in sufficient quantities in our moderate climate.
“Because of the uncertain effect of the caladium extract, its high toxicity, the doubts as to its successful cultivation and use in our moderate climate, I consider it extremely improbable that even a doctor with only average intelligence could in seriousness embark on an experiment to sterilize human beings with caladium extract. No other convincing foundation on which the problem under discussion might be based besides the work of Madaus and Koch is known to me.”
3. Opinion of Dr. Friedrich Jung, lecturer at the Pharmacological Institute of Wuerzburg University. (Pokorny 30, Pokorny Ex. 30.) This opinion states:
“Summary: The findings of Madaus and Koch in their work ‘Studies in Animal Experiments concerning Medical Sterilization by Caladium Seguinum’ are certainly valid, but they do not prove anything with regard to a specific sterilizing effect of caladium seguinum; they are rather to be accepted as part of the general poisonous effect of the caladium extract. One can therefore sterilize with caladium or achieve the effect of castration, but not more and not less than one can sterilize by hunger, vitamin deficiency, infections, psychic insults, etc. The experiments of Madaus and Koch are in no way conclusive with regard to human beings. The symptoms on the sexual glands of the experimental animals are only a reversible partial symptom of a long lasting, almost fatal, serious injury to the entire organism, and have no connection with an actual sterilization or castration. Dr. Pokorny’s proposals based upon certain completely unfounded conclusions drawn from Madaus’ work can be recognized even by slightly educated men as quite apparently utopian.”
4. The expert witness of the prosecution, Dr. Friedrich Scheiffart, writes (NO-3347, Pros. Ex. 546):
“The experimental sterilization by caladium seguinum is a scientifically interesting but, in practice, an unimportant addition to the group of pharmacological methods of sterilization, which without exception in their totality have not gone beyond a certain theoretical interest.”
The prosecution itself states (Tr. p. 525):
“The prosecution admits openly that it cannot prove that sterilization was actually brought about through this drug. We have not been able to find anybody who has been actually sterilized by it. But we maintain that it is nevertheless a crime. We strongly hope that no permanent sterilization has been caused in any case with this drug. However it is fortunate that the plants from which this substance was received could not be cultivated to a greater extent.”
Final Summary of the Defense:
Nothing could or did occur with the caladium plant as the prosecution admits and as has completely been proved by the expert opinions.
In an affidavit by Karl Tauboeck (NO-3963, Pros. Ex. 528) the prosecution referred to the idea that sterilization with caladium seguinum is not an ideal one, but a matter which lies well within the bounds of possibility.
The defense on the other hand contends that this affidavit is lacking in credibility because of the expert opinions. The expert witness of the defense, university lecturer Dr. Friedrich Jung, in his enclosure to the expert opinion (Pokorny 30, Pokorny Ex. 30) comments as follows on Karl Tauboeck’s affidavit:
“Concerning the person—
“Dr. Tauboeck is, according to his education, a natural scientist with additional specialized studies in plant chemistry. His medical education is confined to histology, physiology, physiological chemistry, immunology, and pharmacology. By virtue of his education, he calls himself ‘a specialist in this field’, i. e., in the field of medicamental sterilization. I should like to stress the fact that the title ‘specialist’ in the field of sterilization presupposes considerable medical and in particular gynecological knowledge, which generally may be acquired only in a complete study of medicine or a penetrating study over several years in the materia medica.
“The affidavit of Dr. Tauboeck in several places lacks that critical attitude which is so necessary in scientific questions, especially if they are discussed under oath. Dr. Tauboeck states, for example, under point 5, that caladium seguinum was used as a means of sterilization by the natives of Brazil. He calls this assertion of the Indians, which has been reported in literature, a fact. Under point 6 he calls the reports from Brazil vague, only to assert literally several lines further on that ‘the Brazilian natives have already reached castration effects with an arrow wound, i. e., with an intramuscular injection’. This assertion is not proved, and is therefore, in my opinion, out of place in an affidavit. Furthermore Dr. Tauboeck makes a large number of apodictic assertions, for which he brings no direct proof whatever and which he tries to strengthen with the help of absolutely impermissible generalizations of the examples listed under points 7 a-d. Such analogical conclusions are not permissible in a serious scientific explanation, the more so since also the examples brought by him are by no means unobjectionable. Moreover, Dr. Tauboeck, under point 8, draws a conclusion from the experiments by Madaus and Koch, which can only be based on an insufficient knowledge of these experiments. He writes literally: ‘This bitter substance was lacking in the plants of the firm Madaus, the use of the pressed juice for feeding was accomplished there without any irritation of the pharyngeal mucous membranes or the tongue.’ According to the evidence on hand, Madaus and Koch administered the pressed juice through probing, no doubt in order to avoid this very irritation.
“These findings may be further enlarged upon by attentive reading of Dr. Tauboeck’s statement. I, therefore, do not consider Dr. Tauboeck to be qualified as a scientific expert in this question.”
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Conclusion of the Defense:
The affidavit of Karl Tauboeck produced at the end of the case-in-chief cannot alter the fact that it is impossible to sterilize or castrate human beings with caladium seguinum.
d. Evidence
Prosecution Documents Pros. Ex. Doc. No. No. Description of Document Page NO-3963 528 Extracts from affidavit of Karl Wilhelm 710 Friedrich Tauboeck, 18 June 1947, concerning the development of, and experiments with sterilization drugs. NO-035 142 Letter from Pokorny to Himmler, October 1941, 713 concerning a sterilization drug to be used against Germany’s enemies. NO-036 143 Letter from Himmler, 10 March 1942, to Pohl 714 (initiated by Rudolf Brandt) concerning a sterilization drug and suggesting further research on criminals. NO-038 147 Letter from Rudolf Brandt to Pohl, June 1942, 715 transmitting an inquiry by Himmler as to the progress made with experiments for medical sterilization. NO-046a 148 Letter from Pohl to Himmler, 3 June 1942, 716 concerning the development of a sterilization drug by the firm of Dr. Madaus and Co. NO-046b 149 Letter from Rudolf Brandt to Pohl, 11 June 717 1942, asking him on behalf of Himmler to set up a large hothouse for the development of a sterilization drug. NO-039 153 Letter from Gund to Himmler, 24 August 1942, 717 concerning research in medical sterilization and development of sterilization drugs. NO-203 161 Covering letter from Brack to Himmler, 28 719 March 1941, with report on experiments concerning sterilization and castration by X-rays. NO-205 163 Letter from Brack to Himmler, 23 June 1942, 721 proposing sterilization of two to three million Jews. NO-206 164 Letter from Himmler (countersigned by Rudolf 722 Brandt), 11 August 1942, addressed to Brack, concerning Himmler’s interest in sterilization experiments. NO-208 166 Letter from Blankenburg to Himmler, 29 April 723 1944, regarding employment of Dr. Horst Schumann on experiments concerning the influence of X-rays on human genital glands in connection with similar experiments conducted at concentration camp Auschwitz. NO-211 169 Letter from Professor Clauberg to Himmler, 30 724 May 1942 (referring to a letter from Rudolf Brandt), concerning the urgency of research into biological propagation and sterilization without operation, and draft of a “Research Institute for Biological Propagation.” NO-216 170 Memorandum of Rudolf Brandt, July 1942, on a 728 discussion between Himmler, Gebhardt, Gluecks, and Clauberg concerning sterilization experiments conducted on Jewesses. NO-213 171 Letter from Rudolf Brandt to Clauberg, 10 July 729 1942, transmitting instructions of Himmler to perform sterilizations on Jewesses at concentration camp Ravensbrueck. NO-212 173 Letter from Professor Clauberg to Himmler, 7 730 June 1943, reporting on research in connection with the sterilization of women.
Testimony
Extract from the testimony of the defendant Viktor Brack 732
TRANSLATION OF DOCUMENT NO-3963 PROSECUTION EXHIBIT 528
EXTRACTS FROM AFFIDAVIT OF KARL WILHELM FRIEDRICH TAUBOECK, 18 JUNE 1947, CONCERNING THE DEVELOPMENT OF, AND EXPERIMENTS WITH STERILIZATION DRUGS
I, Karl Wilhelm Friedrich Tauboeck, swear, depose, and state:
1. I was born on 21 September 1904 in Josefstadt, Czechoslovakia. I have been an Austrian citizen all my life. From 1910 to 1915 I attended the elementary school in Leitmeritz and Pilsen, Czechoslovakia. From 1915 to 1923 I attended the gymnasium (high school) in Pilsen (Czechoslovakia), Ljubljana (Yugoslavia) and Klosterneuburg (Austria). In June 1923 I graduated from the Klosterneuburg high school. From 1923 to 1925 I studied natural science at the University of Vienna, Austria, specializing in plant physiology and chemistry. In 1925 I studied at Kiel (Germany), where I devoted myself mainly to problems of marine biology and bacteriology. From 1926 to 1927 I again studied the above-mentioned natural science subjects in Vienna (Austria). In December 1927 I was made Doctor of Philosophy with special distinction. My thesis dealt with a problem concerning vegetable chemistry—urea in the plant world.
2. From 1928 to 1929 I was assistant in the Institute of Plant Physiology of the University of Vienna, Austria. In this capacity I had to direct the practical studies of the students and was able to carry out my own research in the field of vegetable chemistry. I also continued my studies there in the medical faculty of that University, in several medical subjects, especially in histology, physiology, physiological chemistry, immunology, and pharmacology. These above-mentioned studies made it possible for me to be able to carry out independently tests on the efficacy of drugs in animal experiments.
3. From 1930 to 1945 I was employed as a biochemist and botanist in the biological laboratory of the I. G. Farbenindustrie A. G. at Ludwigshafen/Rhine. I specialized there in drugs with particular effects on the animal and human organisms, respectively. Through this work I invented various new remedies based on biology. In particular I studied the question of animal poisons for many years and thus produced a new remedy for rheumatism. I also worked on the question of the stimulant from the sensitive plant (Mimosa pudica) and similar substances effective in minimum quantities. During the war years I worked on biochemical problems concerning agriculture and as a result of my work produced an improved fertilizer.
The I. G. Farbenindustrie A. G. at Ludwigshafen at Rhine employed several hundred natural scientists and technicians. Since 1937 I was the senior specialist in vegetable chemistry there.
4. In the fall of 1942, I was instructed by the director of my laboratory, Dr. Mueller-Cunradi, to devote my time to research on the effective substance from the plant caladium seguinum (Schweigrohr). At the beginning of November 1942, I was sent to Dr. Schamberger of the Research Institute Grunewald-Berlin for the purpose of obtaining further information. The Research Institute Grunewald was a cover name for a camouflaged SS office. The address was Grunewald-Berlin, Delbrueckstrasse 6. There I was told that this plant was to be used for sterilizing mental patients. In order to obtain further information about the progress of experiments with caladium seguinum which had already taken place, I had to visit the firm Madaus in Dresden-Radebeul, together with Dr. Schamberger and another SS man. This firm had already made animal experiments with this plant and published the results in a medical journal in 1941. I was introduced to the firm Madaus as Dr. Weiss, so that nobody should know that I was an employee of I. G. Farben. The senior pharmacologist of the firm Madaus asked us: You must be a commission from SS Obergruppenfuehrer Pohl, to which the SS men replied “yes”. The pharmacologist went on to tell us that a few days previously Pohl himself had visited the firm Madaus together with several other people and had mentioned the especial urgency of this work. Furthermore, while visiting the firm Madaus, I checked all the equipment and experiments in the course of one day. By careful examination of sections of mice and rats and of the histological preparations, I was convinced that the publications of the firm Madaus were perfectly true. By this examination I, as a specialist in this field, gained the conviction that sterilization with caladium seguinum is no Utopia, but something which is quite within the bounds of possibility. On the return journey from Dresden to Berlin, the SS men revealed to me that this research was being carried out on the express order of Reich Leader SS Himmler in order to suppress births among the eastern nations. After this fact had been revealed to me I was sworn to secrecy. I was furthermore informed at the Research Institute Grunewald-Berlin that the first preparations were to be supplied as soon as possible, as the Reich Leader SS had ordered the testing of the new method on inmates of concentration camps to take place at once.
5. In order to point out the effectiveness and practical possibility of using caladium seguinum as a sterilization drug, I would like first of all to go into the subject of the history of this plant. Before doing so, however, I would like to add that caladium seguinum is not considered a sterilization drug in the ordinary sense of the word, but a castration drug. This is evident from the fact that the experiments carried out by the firm Madaus have clearly shown that a destruction of the sexual glands of the experimental animals occurred which is equivalent to the surgical removal of such glands. Caladium seguinum is a plant which comes from Brazil. As I know from the literature and the publications made by the firm Madaus, this plant has already been used by the Brazilian natives as a means of sterilization of their enemies. It was administered to the enemies either in food or in arrow wounds. By this method of injection by arrows, only relatively small portions of poison gained from caladium seguinum could have been administered, as the wound produced by arrows may be compared with a large intramuscular injection. From this fact, as learned from literature, results the conclusion that this poison, if obtained by the correct process, is effective even in very small doses. This drug is described in literature as secret, which shows that the enemy did not know that he was being sterilized.
6. Inspired by this experience of the Brazilian natives, the firm Madaus carried out their experiments on animals. The results obtained by the firm Madaus which I have seen with my own eyes confirm the effectiveness of caladium seguinum as a means of sterilization for human beings. It was possible to doubt whether the caladium seguinum was actually effective according to the first rather vague reports coming from Brazil before the experiments of the firm Madaus had been carried out. The experiments of Madaus, however, have eliminated all doubts in this direction.
* * * * *
11. As a result of all examples and explanations mentioned, I am of the opinion that mass production of a castrating preparation from caladium seguinum in Germany or in the German occupied countries is no dream, but could easily have been put into practice. Another proof of the harmfulness of the caladium poison is the fact that the Madaus examinations confirmed beyond doubt the castrative effect of caladium despite all the shortcomings already described. All this made me realize at once the criminal character of such research and for this reason did not carry it out as far as my specific order was concerned. The SS, however, took a great interest in this matter. I received my orders as an employee of the I. G. Farbenindustrie from the Chief of the Security Police, first through the camouflaged office of the Research Institute Grunewald-Berlin and later direct. I know, however, that the firm Madaus placed their orders through SS Obergruppenfuehrer Pohl separately and I am not acquainted with the development of this matter.
I have read the above statement consisting of seven pages, in German, and declare it to be the whole truth to my best knowledge and belief. I was given an opportunity of making alterations and amendments in the above statement. I have made this statement of my own free will, under no duress, without promise of reward.
Nuernberg, 18 June 1947. [Signature] DR. KARL TAUBOECK
TRANSLATION OF DOCUMENT NO-035 PROSECUTION EXHIBIT 142
LETTER FROM POKORNY TO HIMMLER, OCTOBER 1941, CONCERNING A STERILIZATION DRUG TO BE USED AGAINST GERMANY’S ENEMIES
To the Reich Commissioner for the Consolidation of German Folkdom, SS H. Himmler, Chief of Police, Berlin.
I beg you to turn your attention to the following arguments. I have requested Professor Hoehn to forward this letter to you. I have chosen this direct way to you in order to avoid the slower process through channels and the possibility of an indiscretion in regard to the eventually enormous importance of the ideas presented.
Led by the idea that the enemy must not only be conquered but destroyed, I feel obliged to present to you, as the Reich Commissioner for the Consolidation of German Folkdom, the following:
Dr. Madaus published the result of his research on a medicinal sterilization (both articles are enclosed). Reading these articles, the immense importance of this drug in the present fight of our people occurred to me. If, on the basis of this research, it were possible to produce a drug which, after a relatively short time, effects an imperceptible sterilization on human beings, then we would have a new powerful weapon at our disposal. The thought alone that the 3 million Bolsheviks, at present German prisoners, could be sterilized so that they could be used as laborers but be prevented from reproduction, opens the most far-reaching perspectives.
Madaus found that the sap of the Schweigrohr (caladium seguinum) when taken by mouth or given as injection to male and also to female animals, after a certain time, produces permanent sterility. The illustrations accompanying the scientific article are convincing.
If my ideas meet your approval, the following course should be taken:
1. Dr. Madaus must not publish any more such articles. (The enemy listens!)
2. Multiplying the plant. (Easily cultivated in greenhouses!)
[Written notation] Dachau
3. Immediate research on human beings (criminals!) in order to determine the dose and length of the treatment.
4. Quick research of the constitutional formula of the effective chemical substance in order to
5. Produce it synthetically if possible.
As German physician and chief physician of the reserves of the German Wehrmacht, retired [d. R. a. D.], I undertake to keep secret the purpose as suggested by me in this letter.
[stamp] Heil Hitler! [Signed] DR. POKORNY Specialist for skin and venereal diseases, M. U. Dr. Ad. Pokorny Komotau Graben 33 Komotau, October 1941
TRANSLATION OF DOCUMENT NO-036 PROSECUTION EXHIBIT 143
LETTER FROM HIMMLER, 10 MARCH 1942, TO POHL (INITIALED BY RUDOLF BRANDT) CONCERNING A STERILIZATION DRUG AND SUGGESTING FURTHER RESEARCH ON CRIMINALS
The Reich Leader SS Journal No. 752/5, RF/H.
Fuehrer Headquarters, 10 March 1942 2 W 1.5.
Dear Pohl,
I read Dr. Pokorny’s very interesting memorandum and Dr. Madaus’ publications on medicinal sterilization. I would ask you to get in touch with Dr. Madaus and to inform him, on my behalf, that he should not publish anything else on these questions of medicinal sterilization, and offer him possibilities of doing research, in cooperation with the Reich Physician SS, on criminals who would have to be sterilized in any case.
The intended plan of research is, however, to be submitted to me by the office engaged on the subject.
Heil Hitler! Yours, [Signed] H. HIMMLER
A copy is forwarded to the Reich Physician SS, SS Gruppenfuehrer Dr. Grawitz with request to take cognizance.
By Order: [Initial] BR. [BRANDT] SS Sturmbannfuehrer
TRANSLATION OF DOCUMENT NO-038 PROSECUTION EXHIBIT 147
LETTER FROM RUDOLF BRANDT TO POHL, JUNE 1942, TRANSMITTING AN INQUIRY BY HIMMLER AS TO THE PROGRESS MADE WITH EXPERIMENTS FOR MEDICAL STERILIZATION
The Reich Leader SS Personal Staff Journal No. AR/752/5, Bra/Bn.
Fuehrer Headquarters, June 1942 Top Secret
SS Obergruppenfuehrer Pohl Berlin
Dear Obergruppenfuehrer,
On 10 March 1942, the Reich Leader SS sent you a memorandum written by Dr. Pokorny and the publication of Dr. Madaus on medicinal sterilization. In cooperation with the Reich Physician SS, experiments were to be made accordingly.
The Reich Leader SS inquired today as to how things were progressing. I would appreciate it if I might have some information soon.
Heil Hitler Yours, [Signed] R. BRANDT SS Obersturmbannfuehrer
TRANSLATION OF DOCUMENT NO-046a PROSECUTION EXHIBIT 148
LETTER FROM POHL TO HIMMLER, 3 JUNE 1942, CONCERNING THE DEVELOPMENT OF A STERILIZATION DRUG BY THE FIRM OF DR. MADAUS AND CO.
Chief of SS, Economics and Administrative Main Office Ch. Po/Ha
Berlin, 3 June 1942
Subject: Sterilization by means of drugs. Re: Your letter of 3 October 1942. Journal No. AR. 752/52, RF/H
To the Reich Leader SS Berlin SW 11, Prinz Albrecht Strasse 8
Dear Reich Leader:
In reference to the above matter, I had a conversation today with E. Koch, Ph. D. and M. D., director of the Biological Institute of Dr. Madaus and Co., at Dresden-Radebeul.
I advised him of your desire to have publications on this subject discontinued for the time being. Dr. Koch will comply with your request.
Furthermore, experiments have reached a dead point because the caladium seguinum grows only in North America and during the war cannot be imported in adequate quantities. Dr. Koch’s attempts to grow this plant from seed cultivated in hothouses have been successful, it is true; but the process is very slow and the yield is not sufficient to permit carrying on experiments on a large scale.
Dr. Koch is hopeful that this will be remedied if it is possible for us to obtain permission for him to build a larger hothouse. I promised him this.
For the time being this is the first and only practical step to promote the project.
I shall continue reports periodically.
Heil Hitler! [Signed] POHL SS Obergruppenfuehrer and General of the Waffen SS
TRANSLATION OF DOCUMENT NO-046b PROSECUTION EXHIBIT 149
LETTER FROM RUDOLF BRANDT TO POHL, 11 JUNE 1942, ASKING HIM ON BEHALF OF HIMMLER TO SET UP A LARGE HOTHOUSE FOR THE DEVELOPMENT OF A STERILIZATION DRUG
The Reich Leader SS Personal Staff, Diary No. 1230/42, Bra/Bu Fuehrer’s Headquarters, 11 June 1942 Re: Medical sterilization. To SS Obergruppenfuehrer Pohl Berlin
Dear Obergruppenfuehrer,
I have informed the Reich Leader SS of your letter of 3 June 1942. He asks you to see to it without fail that a large hothouse is set up as soon as possible for Dr. Koch. He considers the experiments extremely important.
The Reich Leader SS asks you to continue to send in further reports.
Heil Hitler [Signed] B. SS Obersturmbannfuehrer
TRANSLATION OF DOCUMENT NO-039 PROSECUTION EXHIBIT 153
LETTER FROM GUND TO HIMMLER, 24 AUGUST 1942, CONCERNING RESEARCH IN MEDICAL STERILIZATION AND DEVELOPMENT OF STERILIZATION DRUGS
Secret The Deputy Gauleiter of Lower Danube [Lower Austria]
Vienna, 9, Wasagasse 10, 24 August 1942 Ge/Schd—310/42 g
To: The Reich Leader SS Pg. Heinrich Himmler Berlin SW 1, Prinz Albrecht Strasse 8 Sir,
At the orders of Gauleiter Dr. Jury, his staff have hitherto busied themselves especially with the problems of population, racial policy, and antisocial elements. Since the prevention of reproduction by the congenitally unfit and racially inferior belongs to the duties of our National Socialist racial and demographic policy, the present Director of the District Office for Racial Policy, Gauhauptstellenleiter Dr. Fehringer, has examined the question of sterilization and found that the methods so far available, castration and sterilization, are not sufficient in themselves to meet expectations. Consequently, the obvious question occurred to him whether impotence and sterility could not be produced in both men and women by the administration of medicine or injections. So he came to the studies of the Biological Institute of Dr. Madaus, in Dresden-Radebeul, on animal experiments for medical sterilization, which became accessible to him through the Madaus Annual Report, IVth year, 1940, and are of the greatest interest for our demographic policy. Madaus and Koch found that caladium sequinum used in homeopathic doses, that is, administered in infinitesimal quantities, favorably affects impotence, sterility, and frigidity (sexual indifference), so that clinical and medical research should not proceed without regard to this fact. It was established by an extensive series of experiments on rats, rabbits, and dogs that, as the result of the administration or injection of caladium extract, male animals became impotent and females barren, and the differences in effect of the various methods of applying the drug could be seen. From the animal experiments, it seems that a permanent sterility is liable to result in male animals and a more temporary one in females.
It is clear that these observations could be of tremendous importance if alterations of potency or fecundity could also be successfully brought about in human beings by the administration of a caladium extract. Research on human beings themselves would, of course, be necessary for this. The director of my race policy office points out that the necessary research and human experiments could be undertaken by an appropriately selected medical staff, basing their work on the Madaus animal experiments in cooperation with the pharmacological institute of the Faculty of Medicine of Vienna, on the persons of the inmates of the gypsy camp of Lackenbach in Lower Danube.
It is quite clear that such research must be handled as a nationally important secret matter of the most dangerous character, because enemy propaganda could work tremendous harm all over the world by the knowledge of such research, should it come by such knowledge.
Since these considerations are only a theory, the fundamental accuracy of which has already been established by animal experiments and the possibility of the application of which to human beings is highly probable, a mere indication only can be given of the prospects of the possibility of the sterilization of practically unlimited numbers of people in the shortest time and in the simplest way conceivable.
In this connection, I may perhaps point out that it would surely be worth while to study the old cults and the knowledge of their priests concerning the promotion and prevention of human potency and fecundity. Primitive, primeval populations which are close to nature had, and still have, a very extensive knowledge of this subject without these things being known to science. It is known, for instance, that the natives of South America attempted to destroy the potency of their enemies by administering caladium seguinum to them.
I should be particularly grateful to you if you would give me your opinion in this respect when the occasion arises, or even order a concrete working plan to be submitted to you. Gauleiter Dr. Jury would personally have approached you with this plan were he not at present away on a vacation.
Heil Hitler! Yours faithfully, [Signed] K. GUND SS Oberfuehrer
TRANSLATION OF DOCUMENT NO-203 PROSECUTION EXHIBIT 161
COVERING LETTER FROM BRACK TO HIMMLER, 28 MARCH 1941, WITH REPORT ON EXPERIMENTS CONCERNING STERILIZATION AND CASTRATION BY X-RAYS
Viktor Brack Oberdienstleiter
Berlin, 28 March 1941
To the Reich Leader SS and Chief of the German Police Berlin SW 11, Prinz Albrecht Str. 8 H. H. [Handwritten initials]
Top Secret
[Handwritten]: 1 read 2+ 5 May 41
Dear Reich Leader:
Enclosed herewith for your information is the result of the investigations into the possibility of sterilization or castration, respectively, by means of X-rays. I request your instructions as to what further theoretical or practical steps, if any, are to be taken in this matter.
Heil Hitler! [SIGNED] BRACK Enclosure
The experiments in this field are concluded. The following result can be considered as established and adequately based on scientific research:
If any persons are to be sterilized permanently, this result can only be attained by applying X-rays in a dosage high enough to produce castration with all its consequences, since high X-ray dosages destroy the internal secretion of the ovary, or of the testicles, respectively. Lower dosages would only temporarily paralyze the procreative capacity. The consequences in question are for example the disappearance of menstruation, climacteric phenomena, changes in capillary growth, modification of metabolism, etc. In any case, attention must be drawn to these disadvantages.
The actual dosage can be given in various ways, and the irradiation can take place quite imperceptibly. The necessary local dosage for men is 500-600 r, for women 300-350 r. In general, an irradiation period of 2 minutes for men, 3 minutes for women, with the highest voltage, a thin filter and at a short distance, ought to be sufficient. There is, however, a disadvantage that has to be put up with: as it is impossible unnoticeably to cover the rest of the body with lead, the other tissues of the body will be injured, and radiologic malaise, the so-called “Roentgenkater”, will ensue. If the X-ray intensity is too high, those parts of the skin which the rays have reached will exhibit symptoms of burns—varying in severity in individual cases—in the course of the following days or weeks.
One practical way of proceeding would be, for instance, to let the persons to be treated approach a counter, where they could be asked to answer some questions or to fill in forms, which would take them 2 or 3 minutes. The official sitting behind the counter could operate the installation in such a way as to turn a switch which would activate the two valves simultaneously (since the irradiation has to operate from both sides). With a two-valve installation about 150-200 persons could then be sterilized per day, and therefore, with 20 such installations as many as 3,000-4,000 persons per day. In my estimation a larger daily number could not in any case be sent away for this purpose. As to the expenses for such a two-valve system, I can only give a rough estimate of approximately 20,000-30,000 RM. Additionally, however, there would be the cost of the construction of a new building, because adequately extensive protective installations would have to be provided for the officials on duty.
In summary, it may be said that, having regard to the present state of radiological technique and research, mass sterilization by means of X-rays can be carried out without difficulty. However, it seems to be impossible to do this in such a way that the persons concerned do not sooner or later realize with certainty that they have been sterilized or castrated by X-rays.
[Signed] BRACK
TRANSLATION OF DOCUMENT NO-205 PROSECUTION EXHIBIT 163
LETTER FROM BRACK TO HIMMLER, 23 JUNE 1942, PROPOSING STERILIZATION OF TWO TO THREE MILLION JEWS
Viktor Brack SS Oberfuehrer
Berlin, W 8, Voss-Strasse 4, 23 June 1942 [Initial] HH
Top Secret
To the Reich Leader SS and Chief of the German Police Heinrich Himmler, Berlin SW 11, Prinz Albrecht Str. 8
Dear Reich Leader,
On the instructions of Reich Leader [Reichsleiter] Bouhler I placed some of my men—already some time ago—at the disposal of Brigadefuehrer Globocnik to execute his special mission. On his renewed request I have now transferred additional personnel. On this occasion Brigadefuehrer Globocnik stated his opinion that the whole Jewish action should be completed as quickly as possible so that one would not get caught in the middle of it one day if some difficulties should make a stoppage of the action necessary. You, yourself, Reich Leader, have already expressed your view, that work should progress quickly for reasons of camouflage alone. Both points which in principle arrive at the same result are more than justified as far as my own experience goes; nevertheless would you kindly allow me to submit the following argument:
Among 10 millions of Jews in Europe there are, I figure, at least 2-3 millions of men and women who are fit enough to work. Considering the extraordinary difficulties the labor problem presents us with, I hold the view that those 2-3 millions should be specially selected and preserved. This can, however, only be done if at the same time they are rendered incapable to propagate. About a year ago I reported to you that agents of mine had completed the experiments necessary for this purpose. I would like to recall these facts once more. Sterilization, as normally performed on persons with hereditary diseases, is here out of the question, because it takes too long and is too expensive. Castration by X-ray however is not only relatively cheap, but can also be performed on many thousands in the shortest time. I think, that at this time it is already irrelevant whether the people in question become aware of having been castrated after some weeks or months once they feel the effects.
Should you, Reich Fuehrer, decide to choose this way in the interest of the preservation of labor, then Reichsleiter Bouhler would be prepared to place all physicians and other personnel needed for this work at your disposal. Likewise he requested me to inform you that then I would have to order the apparatus so urgently needed with the greatest speed.
Heil Hitler! Yours, [Signed] VIKTOR BRACK
TRANSLATION OF DOCUMENT NO-206 PROSECUTION EXHIBIT 164
LETTER FROM HIMMLER (COUNTERSIGNED BY RUDOLF BRANDT), 11 AUGUST 1942, ADDRESSED TO BRACK, CONCERNING HIMMLER’S INTEREST IN STERILIZATION EXPERIMENTS
The Reich Leader SS 1314/42 [Handwritten]
XIa/126 [Handwritten] 11 August 1942 Figure 11—[Handwritten] SS Senior Col. (SS Oberfuehrer) Brack Field Headquarters Berlin W 8 Voss-Strasse 4 Top Secret 4 copies 4th copy Dear Brack:
It is only today that I have the opportunity of acknowledging the receipt of your letter of 23 June. I am positively interested in seeing that sterilization by X-rays is tried out at least once in one camp in a series of experiments.
I will be very much obliged to Reichsleiter Bouhler if, to begin with, he would place the expert physicians for the series of experiments at our disposal.
I will mail a copy of this letter to the Reich Physician SS and to the competent Chief of the Main Office for concentration camps.
Heil Hitler! Yours, [Signed] H. HIMMLER
SS Obergruppenfuehrer Pohl SS Gruppenfuehrer Dr. Grawitz For information. By order [Handwritten] BR. SS Obersturmbannfuehrer [Stamp] 11 August 1942
TRANSLATION OF DOCUMENT NO-208 PROSECUTION EXHIBIT 166
LETTER FROM BLANKENBURG TO HIMMLER, 29 APRIL 1944, REGARDING EMPLOYMENT OF DR. HORST SCHUMANN ON EXPERIMENTS CONCERNING THE INFLUENCE OF X-RAYS ON HUMAN GENITAL GLANDS IN CONNECTION WITH SIMILAR EXPERIMENTS CONDUCTED AT CONCENTRATION CAMP AUSCHWITZ
Chancellery of the Fuehrer of the NSDAP File No: IIa/Kt.
Berlin W 8, Vosstrasse 4, 29 April 1944 Telephone No.: local 120054 Long distance 126621
Top Secret
To the Reich Leader SS and Chief of the German Police, Heinrich Himmler
Berlin SW 11, Prinz Albrecht Strasse 9 Dear Reich Leader!
By order of Reich Leader (Reichsleiter) Bouhler I submit to you as an enclosure a work of Dr. Horst Schumann on the influence of X-rays on human genital glands.
Previously you have asked Senior Colonel [Oberfuehrer] Brack to perform this work, and you supported it by providing the adequate material in the concentration camp Auschwitz. I point especially to the 2d part of this work, which shows that by those means a castration of males is almost impossible or requires an effort which does not pay. As I have convinced myself, operative castration requires not more than 6 to 7 minutes, and therefore can be performed more reliably and quicker than castration by X-rays.
Soon I shall be able to submit a continuation of this work to you.
Heil Hitler! [Handwritten] Your devoted, [Signed] BLANKENBURG
Enclosure
TRANSLATION OF DOCUMENT NO-211 PROSECUTION EXHIBIT 169
LETTER FROM PROFESSOR CLAUBERG TO HIMMLER, 30 MAY 1942 (REFERRING TO A LETTER FROM RUDOLF BRANDT), CONCERNING THE URGENCY OF RESEARCH INTO BIOLOGICAL PROPAGATION AND STERILIZATION WITHOUT OPERATION, AND DRAFT OF A “RESEARCH INSTITUTE FOR BIOLOGICAL PROPAGATION”
Professor C. Clauberg, M. D. Chief Physician of the Gynecological Clinics of the Miners’ (Knappschaft) Hospital and of the St. Hedwig Hospital.
Koenigshuette, Upper Silesia, 30 May 1942 Telephone 409-31 [Handwritten] Wednesday 8 July
To the Reich Leader SS Heinrich Himmler Through SS Obergruppenfuehrer and General of the Police Schmauser
[Handwritten] discussed H. H. [Heinrich Himmler]
Dear Reich Leader!
In answer to my letter of 5 June 1941 “concerning the Research Institute for Biological Propagation” I received at that time by return mail the answer of your personal adjutant, SS Sturmbannfuehrer Brandt, dated 19 June 1941 saying that you, Reich Leader, would come back to my expose as soon as possible. Without any doubt the far more important events of the war which happened shortly afterwards prevented this.
If I may remind you briefly, the continuation of my work had been rendered impossible because of the problem of carrying out the procurement of female concentration camp inmates. On the occasion of a scientific discussion with the Stabsfuehrer of your office here, SS Obersturmbannfuehrer Dr. Arlt, I also happened to speak about my research activities in the field of biological propagation. Dr. Arlt told me then that the one person in Germany today who would be particularly interested in these matters and who would be able to help me would be you, most honorable Reich Leader. In his capacity as a member of the SS and Stabsfuehrer of your office here, I then told him briefly that I had already submitted this matter to you.
After this discussion, I most obediently take the liberty of asking you to make it possible for me to carry out these tasks here in Upper Silesia.
In order to explain what would be necessary at the moment—that is, at least for the time being—the two most urgent questions and fundamental problems should be stated briefly once more.
A. In the question of the positive population policy, the eventual or most probable importance of agriculture for the female capacity for propagation demands clarification. This is to be thoroughly probed and tested by experiments on animals, namely, on the experimental animal which is proverbially most fertile and at the same time variable in its fertility—the rabbit. The question is whether good general nutrition with food obtained through intensive farming can reduce fertility, and if this should be the case, what factor (positive or negative) is responsible.
B. In the question of the negative population policy the situation now is such that from animal experiments (in which I have demonstrated the possibility of sterilization without operation) we must proceed to the first experiments on human beings.
For that purpose the following is necessary:
With ref. to A. Problem of fertility and agriculture.
1. Land—that is, as much “untouched”, “wild” or hitherto “badly” farmed land as possible. For the first animal experiments to be conducted at least 10 Morgen [Morgen = 2/3 of an acre] would be needed.
2. Personnel to till the land.
3. Animal material—that is, a few hundred female rabbits and the corresponding number of males necessary.
4. Animal hutches and shelters.
5. Persons to attend and guard the animals.
With ref. to B. Sterilization without operation.
1. Occasional special billeting for 5 to 10 women (single rooms or rooms for two persons) corresponding to the conditions of sick rooms.
2. Special X-ray apparatus with installation and accessories.
3. Smaller outfit of instruments and material.
Reich Leader! Without wishing to anticipate your decision, I am taking the liberty of proposing that the experiments necessary for A and B be carried out at the Auschwitz concentration camp and that the facilities there be used. As I already told you in the course of our conversation, I would be very much pleased to work under you as head of an experimental institute, directed exclusively by you.
I believe that in view of the procurement of the land, the necessary animals, the attending personnel, and the human material to be provided, an annex to your camp in Upper Silesia would offer the best facilities. Cash would be needed only for the procurement of—
With ref. to A.
1. Animal material.
2. Material for the animals’ stables and shelters.
3. A conscientious working person to attend them.
With ref. to B.
4. Special accommodations for 5 to 10 female camp inmates undergoing experiments.
5. Eventually a special X-ray installation.
6. Smaller outfit of instruments and material.
Reich Leader! The explanations and dispositions made here are related to the fact that the most necessary and most urgent means for solution of this problem should at once be created and set in motion. My suggestions are absolutely adapted to the present times and attempt to meet the circumstances. As one problem arises from the other or—I should rather say—as many further problems will arise, the ideal pattern of such a “Research Institution of the Reich Leader SS for Biological Propagation” the establishment of which is to be considered, would present itself as an entity, on the one hand far greater in scope, and on the other hand more concentrated and closely knit in shape. A short sketch is enclosed as a suggestion for that purpose. This suggestion is to demonstrate the possibility of realization of all the thoughts discussed and submitted to you.
Heil Hitler! Yours most obediently, [Signed] PROF. CLAUBERG.
* * * * *
Draft of a “Research Institute for Biological Propagation”
The center from which all ideas start, all problems are raised and their execution directed, and finally turned over into practical use, is and remains the clinic. It must be an obstetric clinic at the same time. For the problems (which are mostly of a hormonal nature) do not merely extend into practical gynecology and obstetrics but also reach deeply into them and remain most closely connected with pregnancy and obstetrics as well. These problems are just as unlimited and therefore must necessarily be solved step by step, as they are proving to be successful for obstetrics also in the future.
In this clinic the possibility must be provided—
a. for most intensive treatment of women hitherto sterile but desirous of bearing children and for applying and testing of newly gained experiences in cases hitherto seemingly hopeless.
b. to evaluate the method of sterilization without operation (bloodless sterilization) on women unworthy of propagation and to use this method continually after it is finally proved efficient.
Attached to this clinic there is to be—
c. a laboratory for extensive animal experiments, which will always serve as a basis for further research.
There should also be incorporated in this research station—
d. an experimental farm as a basis for the solution of the questions of “agriculture and fertility,” that is—
1. far reaching nutrition experiments on animals, and
2. far reaching nutrition experiments on human beings (female camp inmates).
Sketch enclosed.
[Handwritten] 30 May 1942.
CLAUBERG “Research Institute for Biological Propagation”
Experimental Farm—
a. For far reaching nutrition experiments on the animal.
Laboratory for further experimental research on animals.
b. For far reaching nutrition experiments on human beings. (Special production of food for female camp inmates.)
Clinic for gynecology and obstetrics
Clinical and Polyclinical Department—
a. Treatment of sterile women desired to propagate.
b. Further clinical research on cases of sterility hitherto seemingly hopeless.
Clinical department—
For sterilization without operation (bloodless sterilization) on women (women unworthy of propagation or women whose propagation is not desirable—at first to test method without operation, later for current use).
TRANSLATION OF DOCUMENT NO-216 PROSECUTION EXHIBIT 170
MEMORANDUM OF RUDOLF BRANDT, JULY 1942, ON A DISCUSSION BETWEEN HIMMLER, GEBHARDT, GLUECKS, AND CLAUBERG CONCERNING STERILIZATION EXPERIMENTS CONDUCTED ON JEWESSES
Fuehrer Headquarters, July 1942 Top Secret 1 copy
On 7 July 1942 a discussion took place between the Reich Leader SS, SS Brigadefuehrer Professor Dr. Gebhardt, SS Brigadefuehrer Gluecks, and SS Brigadefuehrer Clauberg, Koenigshuette. The topic of the discussion was the sterilization of Jewesses. The Reich Leader SS has promised SS Brigadefuehrer Professor Clauberg that Auschwitz concentration camp will be at his disposal for his experiments on human beings and animals. By means of some fundamental experiments, a method should be found which would lead to sterilization of persons without their knowledge. The Reich Leader SS wanted to get another report as soon as the result of these experiments was known, so that the sterilization of Jewesses could then be carried out in actuality.
It should also be examined, preferably in cooperation with Professor Dr. Hohlfelder, an X-ray specialist in Germany, what way sterilization of men could be achieved by X-ray treatment.
The Reich Leader SS called the special attention of all gentlemen present to the fact that the matter involved was most secret and should be discussed only with the officers in charge and that the persons present at the experiments or discussions had to pledge secrecy.
[Signed] BRANDT SS Obersturmbannfuehrer.
TRANSLATION OF DOCUMENT NO-213 PROSECUTION EXHIBIT 171
LETTER FROM RUDOLF BRANDT TO CLAUBERG, 10 JULY 1942, TRANSMITTING INSTRUCTIONS OF HIMMLER TO PERFORM STERILIZATIONS ON JEWESSES AT CONCENTRATION CAMP RAVENSBRUECK
Reich Leader SS Personal Staff Journal Number 1266/42, Bra/Dr.
[Handwritten] Returned 31 October 1942 by Pol. Administration K. Fuehrer Headquarters, 10 July 1942 Top Secret [Handwritten] Original handed to G. 6 copies—6th copy
1. Professor Clauberg Koenigshuette.
[Handwritten] W 1-10 1-5-43
Dear Professor!
Today the Reich Leader SS charged me with transmitting to you his wish that you go to Ravensbrueck after you have had another talk with SS Obergruppenfuehrer Pohl and the camp physician of the women’s concentration camp Ravensbrueck, in order to perform the sterilization of Jewesses according to your method.
Before you start your job, the Reich Leader SS would be interested to learn from you how long it would take to sterilize a thousand Jewesses. The Jewesses themselves should not know anything about it. As the Reich Leader SS understands it, you could give the appropriate injections during a general examination.
Thorough experiments should be conducted to investigate the effect of the sterilization largely in a way that you find out after a certain time, which you would have to fix, perhaps by X-rays, what kind of changes have taken place. In some cases a practical experiment might be arranged by locking up a Jewess and a Jew together for a certain period and then seeing what results are achieved.
I ask you to let me know your opinion about my letter for the information of the Reich Leader SS.
Heil Hitler! [Signed] BRANDT SS Obersturmbannfuehrer
2. To SS Obergruppenfuehrer Pohl, Berlin. [Handwritten] delivered to Boemer
Please acknowledge. SS Obersturmbannfuehrer Koegel also received a copy for the information of the camp physician. Moreover the Reich Physician SS and the Reich Security Main Office (RSHA) received a copy.
[Signed] BRANDT SS Obersturmbannfuehrer
3. To SS Gruppenfuehrer Grawitz, Reich Physician SS.
Please acknowledge.
[Signed] BRANDT SS Obersturmbannfuehrer
4. To SS. Obersturmbannfuehrer Koegel, WVHA.
Please acknowledge and inform the camp physician.
[Signed] BRANDT SS Obersturmbannfuehrer
5. To the Reich Security Main Office (RSHA), Berlin.
SS Sturmbannfuehrer Guenther, IV B 4 (Department for Jews).
[Handwritten] SS GRUF. MUELLER
Please acknowledge.
[Initialed] BR. SS Obersturmbannfuehrer
TRANSLATION OF DOCUMENT NO-212 PROSECUTION EXHIBIT 173
LETTER FROM PROFESSOR CLAUBERG TO HIMMLER, 7 JUNE 1943, REPORTING ON RESEARCH IN CONNECTION WITH THE STERILIZATION OF WOMEN
Professor Dr. C. Clauberg,
Chief Physician of the Clinics for Women of the Miners’ (Knappschaft) Hospital and the St. Hedwig Hospital
Koenigshuette O. S., 7 June 1943 Telephone: 409-31
Secret
To the Reich Leader SS Heinrich Himmler Berlin Dear Reich Leader,
Today I am fulfilling my obligation to report to you from time to time about the state of my research work. In doing this I am, as before, adhering to the procedure to report only if the matter is essential. The fact that, after my most recent interview in July 1942, I could not do so before today is due to temporary difficulties against which I myself was powerless and with which I could not bother you, Reich Leader. I mention as an example that only since February 1943 am I in possession of an X-ray installation, which is of great value to my special research. In spite of the short period of actually only 4 months, it is already today possible to report to you the following:
The method I contrived to achieve the sterilization of the female organism without operation is as good as perfected. It can be performed by a single injection made through the entrance of the uterus in the course of the customary gynecological examination known to every physician.—If I say that the method is “as good as perfected,” this means:
1. Still to be worked out are only minor improvements of the method.
2. Already today it could be put to practical use in the course of our regular eugenic sterilization and could thus replace the operation.
As to the question which you, Reich Leader, asked me almost one year ago, i. e., how much time would probably be required to sterilize 1,000 women by using this method. Today I can answer you with regard to the future as follows:
If my researches continue to have the same results as up to now—and there is no reason to doubt that—then the moment is not far off when I can say:
“One adequately trained physician in one adequately equipped place, with perhaps 10 assistants (the number of assistants in conformity with the speed desired) will most likely be able to deal with several hundred, if not even 1,000 per day.”
Please permit me to postpone my report about the other part of my researches (positive population policy) because it will take some time until something decisive can be said in this field.
Reich Leader! The main reason for my reporting to you today, shortly before the possibility of even more final results, is the following:
I know that the settlement of the last part of this particular complex of problems—in contrast to the external forces which determined the progress so far—depends now almost entirely on me. In this connection, several minor but nevertheless fundamental changes would be necessary which only you, my dear Reich Leader, can personally direct and order. I had hoped that I would be able to give you personally a short description of these requirements in the event of a visit to Upper Silesia. Since I have not had this opportunity, I am asking you for your decision today.
In addition I should like to make a further request. It was SS Brigadefuehrer Dr. Blumenreuter who finally managed to get me the one suitable X-ray installation. I am in urgent need of another installation of the same kind, and he informed me in February that he had another one stored in Berlin. He was ready to deliver it to me if I would secure your approval.
May I ask you, Reich Leader, for this approval?
Heil Hitler! [Signed] CLAUBERG EXTRACT FROM THE TESTIMONY OF THE DEFENDANT VIKTOR BRACK[84]
DIRECT EXAMINATION
* * * * *
DR. FROESCHMANN: What plans are you talking about?
DEFENDANT BRACK: The plans to exterminate the Jews which I told you about before. Having known them and having been in the Party Chancellery in the course of this conversation when I told Himmler that Grafeneck was to be abandoned, Himmler also told me of communications he had received from Poland, according to which the Jews there were using the temporary impotence of the Polish government to strengthen their own position and Himmler said something had to be done about this. He said something had to be undertaken to stop this because through the mixing of blood in the Polish Jews with that of the Jews from Western Europe a much greater danger for Germany was arising than even before the war, and he said it was his intention to sterilize the Jews according to reliable methods, according to a procedure which would permit mass sterilization. Operative sterilization was out of the question for one thing because you couldn’t do that without leaving some scar. Then he brought up the question, could not this be done with X-ray treatment? However, I didn’t know about this for sure, and in fact nobody knew about it, and especially didn’t know whether the person in question could be treated without noticing something. Himmler then said that Bouhler had gathered together so many scientists and doctors in the Euthanasia Program, consequently I should try to find out from him what he could tell me about sterilization, and tell him to report to me again.
Q. Well, what was the effect of this communication from Himmler on you?
A. This made a great impression on me. I believed that Heydrich could really have been the instigator of all of this.
In my interrogation I told the interrogator that I regarded such a plan to exterminate the Jews as unworthy of Germany and its leaders. From what I knew of Himmler it would never have occurred to me that such a destructive idea could have originated in his mind. Be that, however, as it may, whether the idea originated with Heydrich or Bormann, my attitude was opposed to this; and I felt that I was under the obligation to do anything I could to prevent this. If I had raised the least objection to it openly, I would have aroused great suspicion of myself and would have aroused a false reaction in Himmler. Therefore, I had to make the best of a bad job and had to pretend that I agreed with Himmler. I pretended to be willing to clarify the question of mass sterilization through X-ray methods. Many years ago I had been subjected to X-ray treatment for quite a period of time and had discussed with the doctor the effect of X-rays on the human body. Now I remembered from those discussions that the effect of X-rays on the sexual organs is only of slight importance and not lasting. Moreover, I knew that one of my associates was personally acquainted with an X-ray specialist and he told me that this specialist was conducting experiments on the effects of X-rays on the fertility of animals. However, there seemed to be no result.
Q. Mr. President, I present an affidavit of 25 February 1947, by Dr. Martin Zeller, a specialist, born 3 December 1880, living in Munich, signed by him on this same date and certified by myself. (Brack 26, Brack Ex. 31.) This affidavit contributes to the understanding of this matter now under discussion and I quote:
“I remember distinctly that 10 to 15 years ago I spoke to Viktor Brack about X-ray injuries. Brack was worried that he might develop an X-ray injury; at that time his knee had been X-rayed. When some time afterwards he had rough hands he thought that might be an X-ray burn. I explained to him that no injuries could result from our X-ray examinations since the quantities of radiation used for diagnosis were small and besides, the more distant parts of the body (that is, in the case of a picture of the knee being taken, the hands and genitals) were not in the danger zone under modern technical conditions.
“I also made the remark that even an intentional sterilization by X-ray treatment would, especially in the case of young persons, be difficult to achieve and even then only with a strong dose of prolonged radiation.”
And then in paragraph 2 the witness continues:
“It is quite possible that Brack in this way developed the views he brought forward, i. e., that the effect of X-rays upon the sexual organs is negligible, and that the danger of sterilization does not exist at all. The layman will not differentiate between X-ray diagnostics and X-ray therapy.”
A. I took this associate into my confidence and told him of my intention to deceive Himmler, if only to gain time. We agreed to deceive Himmler by giving him a certificate that seemed to say that sterilization by X-ray methods was possible and we would thus get him to pursue a false path. Just what was said in this certificate I do not know any longer. At any rate there were no positive results in it so that we couldn’t put it to Himmler in this form.
DR. FROESCHMANN: Mr. President, let me remark in this connection, that after great efforts I have succeeded in finding the man who drew up this certificate of which the witness has just been speaking. I have found out his name and address. He lives in the Russian zone and for that reason it was not possible for me to get a copy of that certificate that he drew up at that time. However, I have contacted this doctor and he has declared his readiness to come to Nuernberg and to give me an affidavit, because as he said it, it would be a matter of course that he should help an innocent man if his testimony could do so. He does remember having given this certificate to Brack or to his associates and I ask permission to reserve the right to put this affidavit in evidence as soon as I have it, and when perhaps the doctor has had a chance to speak to the defendant.
PRESIDING JUDGE BEALS: Counsel for defendant Brack may offer the affidavit as soon as it is received so long as it complies with the evidence in the case.
DR. FROESCHMANN: Thank you, your Honor. Witness, please continue.
DEFENDANT BRACK: Naturally, this factor of uncertainty had to be taken into consideration.
Q. What exactly are you speaking of?
A. I am talking about the report we received.
Q. You mean the man who drew up the certificate, the expert?
A. Yes.
PRESIDING JUDGE BEALS: Now, counsel, I don’t want you to misunderstand me. I said counsel may offer the affidavit; that means it is offered subject to any objection raised by the prosecution as to the form of the affidavit or its relevancy. Yesterday, the affidavits from Brazil were possibly offered by you because the Tribunal had said that they might be offered. The right to offer simply means offered, subject to objection, and that is not equivalent to saying that the affidavit will be received in evidence but it may be offered. That is the sense in which I have used the word “offer” towards this affidavit.
DR. FROESCHMANN: Yes, your Honor, I understood the President and I shall only submit an affidavit which is in compliance with the regulation of this Tribunal. Would you please continue, Witness?
DEFENDANT BRACK: My collaborator changed the contents of this certificate in such a manner that sterilization becomes apparent as something possible from a medical point of view. That is exactly what is contained in my affidavit. Thus, this letter dated 28 March 1941, originated with Document NO-203, Prosecution Exhibit 161.
Q. Mr. President, let us reconstruct this letter quite shortly. I shall quote. It is addressed by Brack to Himmler, marked “Top Secret.”
“Dear Reich Leader:
“Enclosed I send to you for your information the report of the examination regarding the possibility of an X-ray sterilization or castration. I ask you to tell me whether anything can be done in the matter either theoretically or practically.”
That is the covering letter. This covering letter, Witness, in connection with the report which is attached was considered by the prosecution as being a serious suggestion for sterilization and the prosecution in that connection has stated that this needed no comment. What is your attitude toward it?
A. Neither the former nor the latter is correct. I admit that if one reads this letter or report without knowing the connections that impression can be created. I therefore have to attempt to analyze this report in order to explain to the Tribunal what we tried to achieve with this letter. I have to emphasize once more that the entire thing was a maneuver of deceit.
Q. With reference to the report which you attached to this letter (NO-203, Pros. Ex. 161) I should like to quote from it a very brief passage:
“Report on experiments concerning X-ray castration.
“The experiments in this field are concluded. The following result can be considered as established and adequately based on scientific research.
“If any persons are to be sterilized permanently, this result can only be attained by applying X-rays in a dosage high enough to produce castration with all its consequences, since high X-ray dosages destroy the internal secretion of the ovary or of the testicles, respectively. Lower dosages would only temporarily paralyze the procreative capacity. The consequences in question are, for example, the disappearance of menstruation, climacteric phenomena, changes in capillary growth, modification of metabolism, etc. In any case, attention must be drawn to these disadvantages.
“The actual dosage can be given in various ways, and irradiation can take place quite imperceptibly. The necessary local dosage for men is 500-600 r, for women 300-350 r. In general, an irradiation period of 2 minutes for men, 3 minutes for women, with the highest voltage, a thin filter, and at a short distance ought to be sufficient. There is, however, a disadvantage that has to be put up with. It is impossible unnoticeably to cover the rest of the body with lead, the other tissues of the body will be injured, and radiologic malaise, the so-called ‘Roentgenkater,’ will ensue.”
Witness, would you define your attitude toward this letter which I partly read?
A. I was speaking in connection with the talk I had with Himmler in the year of 1941. This becomes apparent from the paragraph “I herewith submit the result of an X-ray examination.” It looks now as though in effect experiments had been carried out by scientists, which was not the case. Himmler had to be reassured and that is why we had to emphasize that the experiments had been concluded and the result could be based on scientific work. Of course, we couldn’t state the result as being absolutely positive. We had to leave it to Himmler himself to judge it. In the first instance it was our intention to get Himmler off the idea. That is why we chose the formulation which can be seen in that letter—“If any persons are to be sterilized permanently.” It meant in effect that this was theoretically possible. At the same time, however, we pointed out that this success cannot be concealed and that phenomena will arise. That obviously was shown by the contents of the certificate itself, and it is emphasized that permanent sterilization makes a high dosage of X-rays necessary. These high dosages would then bring about the effects of castration with all of the accompanying symptoms which would be noticed immediately. If, however, lower dosages were used, you would only have stopped procreative capacity for a short time. We actually said that at the end of the report, namely, that the result of sterilization could be ascertained after a comparatively short time but that it was impossible to achieve the results of bringing about sterilization without being noticed, and in this way we thought we could get Himmler to give up that idea.
Q. Now, this was the first part of the letter. Now, let us discuss the second part. I am again referring to the method which you suggested to Himmler. You thought at that time “One practical way of proceeding would be, for instance, to let the persons to be treated approach a counter, where they could be asked to answer some questions or to fill in forms, which take them 2 or 3 minutes. The official sitting behind the counter could operate the installation in such a way as to turn a switch which would activate the two valves simultaneously (since the irradiation is to operate from both sides). With a two-valve installation about 150-200 persons could then be sterilized per day and, therefore, with 20 such installations as many as 3,000-4,000 persons per day. In my estimation a larger daily number could not in any case be sent away for this purpose.”
Herr Brack, how could you arrive at this idea of turning switches? This is completely nonunderstandable for a layman.
A. Himmler wanted this procedure to be carried out as simply as possible. Therefore, we had to suggest as simple a method as we could think of. On the other hand, this method increased the uncertainty of directing the rays to the corresponding parts of the body. That is what was discussed by my collaborator with his acquaintance. We suggested this switch method to Himmler with the idea of making this matter as simple as possible and at the same time preventing any active X-ray reaching the body. Furthermore, only 2-3 minutes were suggested as the length of time for these people to be subjected to these X-rays. How we arrived at these 500-600 figures—or 350 r.—I don’t know whether they were just invented or whether they were based upon something. I don’t know. But looking at it as a whole it contained a number of points that were to demonstrate to Himmler that the whole thing could not be carried out. There is a scientific basis for these suggestions.
DR. FROESCHMANN: Mr. President, in connection with this point I have tried to get an unobjectionable irreproachable certificate for the correctness of what the defendant just stated. I shall get a certificate from a specialist. The man concerned says that this suggestion is absolutely senseless. I had, however, to wait for this certificate because I had to wait for an affidavit from another expert physician. With the permission of the Tribunal, I shall obtain a corresponding certificate from a radiologist who can show that it is credible that this entire suggestion was really scientific nonsense.
A. We had to take into account the possibility that Himmler might accept this proposal in spite of all these difficulties. We knew, however, that the preparation of any such installation would take a long time, for the building, etc. We thought that the war would end very quickly, and as I said before I didn’t know there was any threat from the West. And, in case of peace, the Madagascar plan, which had already been rejected, could once more be placed in the foreground. If on the other hand this suggestion was to be accepted and if at that time the war had not yet ended, the carrying out of this experiment on the 100-200 Jews was much less of an evil than Himmler taking the Jews and sterilizing them en masse or doing something worse to them.
Q. Mr. Brack, if I understand you correctly, you’re saying that, at that time, you had to make a decision between either killing millions of Jews or choosing the smaller evil by only suggesting this small number which you have mentioned upon whom experiments might be carried out. Is my opinion correct?
A. During my interrogations I designated this dilemma in a way by saying that this was our last way out. But, naturally, when judging these two possibilities one must take into consideration that one decides upon one possibility and, at the same time, feels an inner justification for doing so. The same way as a troop commander sacrifices a few thousand people somewhere if he can save a hundred thousand somewhere else.
Q. Now, Mr. Brack, in order to finish with this letter I want to say that you have stated the following at the end of that letter, and I quote:
“In summary it may be said that, having regard to the present state of radiological technique and research, mass sterilization by means of X-rays can be carried out without difficulty. However, it seems to be impossible to do this in such a way that the persons concerned do not, sooner or later, realize with certainty that they have been sterilized or castrated by X-rays.”
In your covering letter you apparently mentioned your second letter, and I quote:
“I request your instructions as to further theoretical or practical steps if any are to be taken in this matter.”
What is the significance of this latter statement?
A. By using this formulation I endeavored to keep control of the development of that matter. I never really counted on the realization of these experiments and I never had any intention of submitting a serious proposal to Himmler which would cause the sterilization of millions of Jews, but if Himmler was to accept this nonsensical proposal I wanted to have his idea delayed as long as possible. If this suggestion had been serious on my part I would have had to be a fanatical Jew hater, and I think I have already proved that I was not such a person.
* * * * *
-----
[81] Trial of the Major War Criminals, International Military Tribunal, Nuremberg, 1947, vol. I, pp. 247-253.
[82] Judgment of the IMT. Ibid.
[83] Final plea is recorded in mimeographed transcript, 15 July 1947, pp. 10874-10910.
[84] Complete testimony is recorded in mimeographed transcript, 7, 8, 9, 12, 13, 14, 15, 16, 19 May 1947, pp. 7413-7772.
B. Jewish Skeleton Collection
a. Introduction
The defendants Rudolf Brandt and Sievers were charged with criminal responsibility and participation in plans and enterprises, involving the murder of civilians and members of the armed forces of nations at war with the German Reich, and specifically with the murder of 112 Jews for the purpose of completing a skeleton collection for the Reich University at Strasbourg (par. 7 of the indictment). On this charge both defendants were convicted.
The prosecution’s summation of the evidence and argumentation on the Jewish skeleton collection is contained in its closing brief against the defendant Sievers. An extract from this brief is set forth below on pages 739 to 741. A corresponding summation of the evidence by the defense has been selected from the closing brief for the defendant Sievers. It appears below on pages 741 to 747. This argumentation is followed by selections from the evidence on pages 748 to 759.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT SIEVERS_
* * * * *
Skeleton Collection
In response to a request by the defendant Rudolf Brandt, on 9 February 1942, Sievers submitted to him a report by Dr. Hirt of the University of Strasbourg on the desirability of securing a collection of Jewish skeletons. (NO-085, Pros. Ex. 175.) In this report, Hirt advocated outright murder of “Jewish Bolshevik Commissars” for the procurement of such a collection. He stated:
“By procuring the skulls of the Jewish Bolshevik Commissars, who personify a repulsive, yet characteristic subhumanity, we have the opportunity of obtaining tangible scientific evidence. The actual obtaining and collecting of these skulls without difficulty could be best accomplished by a directive issued to the Wehrmacht in the future to immediately turn over alive all Jewish Bolshevik Commissars to the field police.”
These units were to report to a special office which would send out specialists to have photographs and anthropological measurements taken and ascertain the origin, birth date, and other personal data of the victims. Hirt further stated:
“Following the subsequently induced death of the Jew, whose head must not be damaged, he will separate the head from the torso and will forward it to its point of destination in a preserving fluid in a well-sealed tin container especially made for this purpose. On the basis of the photos, the measurements, and other data on the head and, finally, the skull itself, comparative anatomical research, research on racial classification, pathological features of the skull formation, form and size of the brain, and many other things can begin. In accordance with its scope and tasks, the new Reich University of Strasbourg would be the most appropriate place for the collection of and research upon these skulls thus acquired.” [Emphasis supplied.]
On 27 February 1942, Brandt informed Sievers that Himmler would support Hirt’s work and would place everything necessary at his disposal. Brandt requested Sievers to inform Hirt accordingly and to report again on Hirt’s work. (NO-090, Pros. Ex. 176.)
Hirt’s murderous and inhuman plan was carried out in a way which differed but slightly from the suggestion made in his preliminary report. (NO-085, Pros. Ex. 175.) The proof has shown that it was decided to preserve the whole skeletons of the victims rather than merely the skulls. On 2 November 1942 Sievers requested Brandt to make the necessary arrangements with the Reich Security Main Office for providing 150 Jewish inmates from Auschwitz to carry out this plan. (NO-086, Pros. Ex. 177.) On 6 November Brandt informed Adolf Eichmann, the Chief of Office IV-B-4 (Jewish affairs) of the Reich Security Main Office to put everything at Hirt’s disposal which was necessary for the completion of the skeleton collection. (NO-089, Pros. Ex. 179.)
From Sievers’ letter to Eichmann of 21 June 1943, it is apparent that SS Hauptsturmfuehrer Beger, a collaborator of the Ahnenerbe Society, carried out the preliminary work for the assembling of the skeleton collection in the Auschwitz concentration camp on 79 Jews, 30 Jewesses, 2 Poles, and 4 Asiatics. In this letter, Sievers stated that Beger had to interrupt his work because of the danger of infectious diseases in the camp. Sievers requested that the inmates on whom Beger had carried out this work be transferred to the Natzweiler concentration camp because further activities in Auschwitz were impossible due to the danger of infection. Special accommodation for the thirty women was to be provided in the Natzweiler concentration camp “for a short period”. [Emphasis added.] (NO-087, Pros. Ex. 181.)
The statement of the camp commandant of the Natzweiler concentration camp, SS Hauptsturmfuehrer Josef Kramer, reveals that approximately 80 inmates of the Auschwitz concentration camp, among them females, were transferred to the Natzweiler concentration camp and killed there by gas at the request of Hirt in the beginning of August 1943. A special gas chamber had been built for this purpose. The corpses of the victims were sent in three shipments to the Anatomical Institute of Hirt in Strasbourg University. (NO-807, Pros. Ex. 185.) This evidence is corroborated by the testimony of the witness Henripierre. He testified that in the beginning of August 1943, the principal autopsy technician of the Anatomical Institute, Bong, received the order from Hirt to prepare the tanks in the cellar of the Institute for approximately 120 corpses. At intervals of a few days, three shipments of corpses, 30 female, 30 male, and 26 male, arrived by truck from an unknown place. All of these victims were Jewish. These corpses were preserved in the cellar of the Anatomical Institute in the tanks prepared by Bong. (Tr. pp. 712-4.) See also the affidavit of Wagner. (NO-881, Pros. Ex. 280.) As proved by the Sievers’ diary, Beger was ordered to prepare plaster casts of the victims. (3546-PS, Pros. Ex. 123.)
Early in September 1944, when the Allied armies were threatening Strasbourg, Sievers approached the defendant Brandt with the request for instructions as to what should be done with the Jewish bodies which were still stored in the tanks in the cellar of the Anatomical Institute. He informed Brandt that Hirt would be able to “de-flesh” the corpses and thus render them unrecognizable, but in this case part of the work would have been done in vain “and it would be a great scientific loss for this unique collection because casts could not be made afterwards. The skeleton collection is not conspicuous. Viscera could be declared as remnants of corpses, apparently left in the Anatomical Institute by the French and ordered to be cremated.” Sievers requested a directive from Brandt whether the collection should be preserved, partly dissolved, or completely dissolved. (NO-088, Pros. Ex. 182.)
From the memorandum of SS Hauptsturmfuehrer Berg, and his telephone conversation with Sievers on 15 October 1944, it is apparent that it was first decided to destroy the evidence of these brutal crimes, but with a temporary improvement in the military situation, this decision was rescinded. Sievers informed Berg on 21 October 1944 that, in compliance with the orders he had received previously, the dissolution of the collection had been completed. (NO-091, Pros. Ex. 183.) But such was not the case. Hirt had ordered Bong and his assistant, Meyer, to cut up the 86 corpses and have them cremated in the Strasbourg crematorium, but these two men alone were unable to carry out this enormous task. A number of corpses remained un-dissected and were left in the tanks, together with partially dissected corpses, in order to create the impression that they were used for normal anatomical research. (Tr. p. 715; NO-881, Pros. Ex. 280.)
The pictures of these corpses and of the gas chambers in the Natzweiler concentration camp, where the victims of the Jewish skeleton collection were murdered, taken by the French authorities after the liberation of Strasbourg, tell the grim story of this mass murder more vividly than witnesses and documents ever could. (NO-483, Pros. Ex. 184; NO-807, Pros. Ex. 185.)
* * * * *
c. Selection from the Argumentation of the Defense
_EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS_
* * * * *
In 1943 a collection of Jewish skeletons was set up in the Anatomy Department of the Reich University of Strasbourg according to plans which had been prepared in 1941 by Himmler and the Director of this Anatomy Department, Professor Dr. Hirt. The skeletons were to be obtained by selecting the required number of persons in the concentration camp at Auschwitz from among the Bolshevist commissars who had been taken prisoner in the campaign against the Soviet Union. The liquidation of the persons chosen took place in the concentration camp at Natzweiler.
Whether the liquidation entailed a death which was deserved or undeserved on the part of the persons chosen depends upon whether the “Commissar Order,” which was the basis of the liquidation, can be regarded as legal and permissible or not. A detailed examination of this question can be excluded here, since subjective grounds are of decisive significance in this connection.
Sievers did not take part personally either in the selection or in the liquidation of those persons designated for the skeleton collection. The choosing was undertaken by a certain Dr. Beger in the concentration camp at Auschwitz. (NO-087, Pros. Ex. 181.) Sievers himself was never in Auschwitz. The liquidation took place in the concentration camp at Natzweiler. The earliest date at which the liquidation could have taken place is shown by the date of the aforementioned document which is dated 21 June 1943. After 23 January 1943, Sievers was no longer in Natzweiler. Therefore, any personal participation of Sievers in the selection as well as the liquidation is out of the question.
We must now examine whether the setting up of the skeleton collection and the associated liquidation of those persons selected took place on Sievers’ orders or instructions—
The prosecution has submitted and read:
Letter of the Reichsgeschaeftsfuehrer of the Ahnenerbe to Brandt, dated 9 February 1942, with a report from Dr. Hirt in which the latter suggests a collection of skulls for the University of Strasbourg which was to be obtained from Jewish-Bolshevist Commissars. (NO-085, Pros. Ex. 175.)
Letter of Brandt to Sievers, dated 27 February 1942, with the report that the Reich Leader SS is quite interested in the work of Professor Hirt and will place at his disposal everything which he requires for his experiments. (NO-090, Pros. Ex. 176.)
Letter of the Reichsgeschaeftsfuehrer of the Ahnenerbe to Dr. Brandt, dated 2 November 1942, regarding the requisition of 150 skeletons of prisoners for certain anthropological examinations. (NO-086, Pros. Ex. 177.)
Personal staff Reich Leader SS to Reichssicherheitshauptamt (Main Office for the Security of the Reich), dated 6 November 1942, regarding transmission of the order of the Reich Leader SS to make possible the construction of the skeleton collection as planned. (NO-089, Pros. Ex. 179.)
Letter of the personal staff Reich Leader SS to the Ahnenerbe, dated 3 December 1942, regarding remedying of deficiencies through SS Obergruppenfuehrer Pohl. (NO-092, Pros. Ex. 180.)
Letter of the Institute for Military Scientific Research of the Reichssicherheitshauptamt (Main Office for the Security of the Reich), dated 21 June 1943, regarding the transfer of the 115 persons selected by SS Hauptsturmfuehrer Beger in the concentration camp at Auschwitz. (NO-087, Pros. Ex. 181.)
Telegram of the personal staff, office “A”, to Dr. Brandt, dated 5 September 1944, regarding the procurement of instructions as to what should happen to the collection in the event Strasbourg should be endangered. (NO-088, Pros. Ex. 182.)
Two memoranda of Berg, dated 15 and 26 October 1944, regarding the breaking up of the collection. (NO-091, Pros. Ex. 183.)
Several entries in the diary of Sievers, 1943-44.
A letter of Sievers to Dr. Hirt, dated 3 January 1942, has been offered by the prosecution. (NO-3629, Pros. Ex. 547.) This letter contains the request of Himmler to Hirt to make available to him a detailed report regarding his experiments which then could serve as basis for a conference.
Letter of the Reich Business Manager to Dr. Hirt, dated 29 October 1942, regarding the granting of subsidies for research activities. (NO-3819, Pros. Ex. 550.)
In this respect, counsel for the defense declares:
The idea of setting up a skull collection of Jewish-Bolshevist Commissars initiated with Dr. Hirt, director of the Anatomy Department of the University of Strasbourg. Dr. Hirt himself submitted to Himmler the suggestion for setting up such a collection. (Tr. p. 5704.) The suggestion received Himmler’s complete assistance. Himmler issued instructions to place everything at Hirt’s disposal which he required for his experiments. (NO-090, Pros. Ex. 176.) In addition to this, Himmler issued an order through his personal staff on 6 November 1942 that everything necessary will be placed at the disposal of Professor Dr. Hirt. (NO-089, Pros. Ex. 179.)
It can be seen from the letter of the personal staff of the Reich Leader SS to the Reich Business Manager of the Ahnenerbe, dated 25 March 1942, how energetically Himmler favored the experiments of Dr. Hirt. This letter states:
“In this connection, please get in touch with Hirt as soon as possible and consider further how Hirt can best be brought closer to us.” (Sievers 53, Sievers Ex. 49.)
It can be seen further from the direct examination of Sievers that Dr. Hirt was a confidant of Himmler, for Sievers was able to establish this fact as early as 1936 and in the subsequent years had an opportunity to repeat this observation. (Tr. pp. 5706-7.)
This can also be established by means of the conference which took place at Easter 1942 regarding the course of which Sievers has given a detailed description. Among other things, Sievers called attention to the fact that Hirt and his anatomical collection, which was a University matter, did not concern the Ahnenerbe in any way.
Himmler became quite active after this aggressive action of Sievers, following which the latter requested an order in writing. (Tr. p. 5715.)
In this connection, the order of Himmler, dated 7 July 1942, must also be mentioned. Figure 2 reads as follows (NO-422, Pros. Ex. 33):
“I order the Ahnenerbe
“1. * * *
“2. To aid in every possible manner the research activities of SS Hauptsturmfuehrer Professor Dr. Hirt and in the same way promote all the experiments and work pertinent to same.”
These facts were necessary in order to clarify matters for the chief instigators, Himmler and Hirt. Everyone cognizant of the conditions knows that it was also impossible in this case to act in any way contrary to the orders issued by Himmler.
Until the Easter conference of 1942, Sievers knew nothing of the Commissar Order; Himmler at that time showed him pictures of Bolshevist Commissars, men and women who had been arrested, as well as pictures of German soldiers and civilians who had been killed and mutilated in the most horrible manner by these male and female monsters. This influenced Sievers’ attitude toward the “Commissar Order,” the contents of which he learned in outline at that time. The original text of the “Commissar Order” could not be produced during the Goering[85] trial. For a clarification of the contents of this order, counsel for the defense refers to the—
“Directives for the commands of the Chiefs of the Security Police and of the Security Service (SD) to be transferred to the Stalags.” (Sievers 54, Sievers Ex. 50.)
As in the other cases, Sievers’ activity consisted in forwarding correspondence, whether it came from “above,” that is, Himmler, Rudolf Brandt, or from Hirt or other third parties. It can be shown conclusively that he himself issued no instructions and orders and thereby exercised no decisive activity.
The suggestion to set up a Jewish-Bolshevist skull collection did not originate with Sievers but with Dr. Hirt. The order for this was issued by Himmler, who also ordered that Hirt should be granted all possible assistance.
Himmler requested information about the anthropological experiments of Dr. Hirt from Sievers and ordered the presentation of a report from Dr. Hirt. Thereafter, Sievers submitted, on 9 February 1942, the report requested again by Dr. Brandt on 29 December 1941.
* * * * *
After his meeting with Hirt in May 1941 and his brief report to Himmler, Sievers obviously did not concern himself further with the entire matter, until Himmler, in his letter dated 29 December 1941, requested a detailed report from Hirt through Dr. Brandt. This can be seen from the reference memorandum of Sievers dated 9 February 1942 in his letter of 9 February 1942 to R. Brandt (NO-085, Pros. Ex. 175) and was also stated by Sievers on direct examination. (Tr. p. 5704.) At that time, Himmler imparted the information which Sievers passed on to Hirt in his letter of 3 January 1942. In this letter, the question of a Jewish-Bolshevist skull collection was never mentioned but simply the matter of anthropological experiments. It is generally known that the carrying out of anthropological experiments forms a part of the chief duties of every anatomical institute, and also that such experiments are conducted on designated groups of persons, and that persons who have been executed are turned over to anatomical institutes for research purposes. Upon the request of Hirt for assistance in his anthropological experiments, Himmler immediately made a corresponding offer; as the competent chief of the German police, he was in a position to do so. And Sievers, at that time, need not have assumed, by any stretch of the imagination that the experimental subjects were to be killed for this purpose. On the basis of the general practice, he could perhaps more easily assume that only the corpses of those legally condemned to death and legally executed would be considered for the experiments of Hirt. Today we know that it was compatible with his criminal mentality insofar as human experiments and the like were concerned. At that time, the latter part of 1941, no one who, like Sievers, had not up to this time come in contact with experiments on human beings could have suspected in advance that in this case it would be a question of criminal acts.
In addition, there was no provision made at all at this time for Hirt’s working in connection with the Ahnenerbe. In his letter of 3 January 1942 to Hirt, Sievers writes:
“In order to effect your transfer to the Ahnenerbe, that is, to the Personal Staff of the Reich Leader SS, I would like some information from you.”
Naturally, Himmler wanted Hirt to be as close to him as possible, but in reference to the transfer Sievers adds: “* * * that is, to the Personal Staff of the Reich Leader SS”, for neither Sievers nor Hirt assumed that Hirt would receive the support of Himmler through the Institute for Humanistic Studies of the Ahnenerbe of all things. This was also testified to by Sievers on direct examination. (Tr. pp. 5715 6.)
Not until later did Hirt’s connection with the Ahnenerbe develop as a result of the personal and extraordinary urging of Himmler, as can be proved by the two letters, dated 27 February 1942 (NO-090, Pros. Ex. 176), and 25 March 1942 (Sievers 33, Sievers Ex. 49). On the basis of these letters and the efforts of Himmler, Sievers then lodged a protest with Himmler at Easter, 1942—5 April—as he set forth in detail on direct examination. (Tr. pp. 5714-15.)
As a matter of fact, Hirt did not become a member of the Ahnenerbe until the fall of 1942, as can be seen from the prosecution rebuttal Document NO-3819, Prosecution Exhibit 550.
The rebuttal documents submitted by the prosecution in this matter do not, therefore, refute the testimony of Sievers on his direct examination, but confirm them, which is also shown by the affidavits of Frau Dr. Schmitz (Sievers 45, Sievers Ex. 46; Sievers 55, Sievers Ex. 51), and is shown in a further summary in the affidavit of Sievers. (Sievers 64, Sievers Ex. 59.)
Letter of the Chief of the Security Police (SIPO) and of the Security Service (SD) dated 9 November 1941, regarding the transportation of the Soviet-Russian prisoners of war, who were to be executed, to the concentration camps (1234-PS, Pros. Ex. 555):
It can be seen from this document that Soviet-Russian prisoners of war who were to be executed were taken to the concentration camps. Although the Commissar Order was not known to Sievers in detail, it follows from the context of the Easter conference of 1942, which Sievers had with Himmler, that Soviet-Russian Commissars were affected by this order. At that time, it was generally known in the German Wehrmacht and also among the German civilian population that there were female commissars in the Soviet-Russian Army who evidenced an unusual degree of fanaticism. It was also known that strong gangs of insurgents were being formed behind the German front line, who were conducting a ruthless and brutal war against members of the German Wehrmacht of both sexes contrary to all the rules of international law. In the ranks of these gangs there were many riflewomen who, in complete accordance with the provisions of international law, were condemned to death. In this respect, it must be stated that all or the great majority of the Soviet-Russian Commissars did not commit crimes against international law. However, there can be no doubt that within their great numbers, a certain number could have also been found who could have committed such crimes. Since the number of skeletons requested by Hirt was small, Sievers could assume that only such criminals could be considered for the collection.
Therefore, it cannot be argued that Sievers must in any case have assumed from the letter dictated by Dr. Beger to the Reich Security Main Office, dated 21 June 1943, that the persons who had been chosen by Dr. Beger in the concentration camp at Auschwitz were to be liquidated without trial or without any legal basis. It was not the duty of Sievers to check this matter. Here we must examine only whether Sievers in any case is bound to have recognized that the proceedings were illegal or whether he could rely on the fact that there existed a legal basis for the liquidation ordered by Himmler. Considering the war conditions in the East, Sievers could assume the latter fact without further ado.
These statements are only made in case it should be assumed that Sievers had the obligation to examine this independently. We think, however, that someone who was only engaged in a subordinate position was entitled to rely on the legality of the decisions of his superior.
* * * * *
d. Evidence
Prosecution Documents
Doc. No. Pros. Ex. No. Description of Document Page NO-085 175 Letter from Sievers to Rudolf Brandt, 9 748 February 1942, and report by Hirt concerning the acquisition of skulls of Jewish-Bolshevik Commissars. NO-086 177 Letter from Sievers to Rudolf Brandt, 2 750 November 1942, requesting with Himmler’s approval, 150 skeletons. NO-087 181 Letter from Sievers to Eichmann (copy to 751 Rudolf Brandt), 21 June 1943, concerning selection of subjects for a skeleton collection. NO-807 185 Tank containing formaldehyde for the 905 preservation of corpses; corpses assembled in tanks prior to dissection; corpse showing incisions in preparation for dissection. (_See Selections from Photographic Evidence of the Prosecution._)
Defense Documents
Doc. No. Def. Ex. No. Description of Document Page Sievers 45 Sievers Ex. 46 Extract from the affidavit of Dr. Gisela 752 Schmitz, 27 March 1947, on Sievers’ position in the Ahnenerbe Society and his connection with the skeleton collection. Sievers 54 Sievers Ex. 50 Regulations for the Commandos 754 (Einsatzkommandos) of the Security Police and the Security Service to be activated in Stalags.
Testimony
Extract from the testimony of defendant Rudolf Brandt 757
TRANSLATION OF DOCUMENT NO-085 PROSECUTION EXHIBIT 175
LETTER FROM SIEVERS TO RUDOLF BRANDT, 9 FEBRUARY 1942, AND REPORT BY HIRT CONCERNING THE ACQUISITION OF SKULLS OF JEWISH-BOLSHEVIK COMMISSARS
The Ahnenerbe The Reich Business Manager
Berlin, 9 February 1942 G/R/2 page 1
To: SS Sturmbannfuehrer Dr. Brandt Berlin SW 11, Prinz Albrecht Strasse 8
Secret Dear Comrade Brandt:
For the reason that Professor Dr. Hirt has in the meantime become seriously ill, I regret that I have been unable to submit any sooner Dr. Hirt’s report which you requested in your letter of 29 December 1941, Journal No. AR/493/37. He was stricken with pulmonary hemorrhages, the diagnosis was “cystlung”, so at least it is not TB. In addition to that he suffered from circulatory asthenia. At present he is still in the hospital, but hopes that the doctor will release him soon so that he can, at least to a limited degree, resume his work. Due to those circumstances Professor Hirt was able to furnish only a preliminary report which, however, I still should like to submit to your attention. The report concerns—
1. His research in the field of microscopy of living tissues, the discovery of a new method of examination, and the construction of a new research microscope, and
2. a proposal for securing skulls of Jewish-Bolshevik Commissars.
As a supplement to report 1, some special publications are attached; of which the two parties from the “Zeiss Nachrichten” #10 (Vol. II) and 1-5 (Vol. III) facilitate most rapid general orientation, whereas other publications deal with difficult, individual scientific studies.
Sincerely yours Heil Hitler! [Signed] SIEVERS
Enclosures
* * * * *
Enclosure
Subject: Securing skulls of Jewish-Bolshevik Commissars for the purpose of scientific research at the Reich University of Strasbourg.
There exist extensive collections of skulls of almost all races and peoples. Of the Jewish race, however, only so very few specimens of skulls are at the disposal of science that a study of them does not permit precise conclusions. The war in the East now presents us with the opportunity to remedy this shortage. By procuring the skulls of the Jewish-Bolshevik Commissars, who personify a repulsive yet characteristic subhumanity, we have the opportunity of obtaining tangible scientific evidence.
The actual obtaining and collecting of these skulls without difficulty could be best accomplished by a directive issued to the Wehrmacht in the future to immediately turn over alive all Jewish-Bolshevik Commissars to the field police [Feldpolizei]. The field police in turn is to be issued special directives to continually inform a certain office of the number and place of detention of these captured Jews and to guard them well until the arrival of a special deputy. This special deputy, commissioned with the collection of the material (a junior physician attached to the Wehrmacht or even the field police, or a medical student equipped with car and driver), is to take a prescribed series of photographs and anthropological measurements, and is to ascertain, insofar as is possible, the origin, date of birth, and other personal data of the prisoner. Following the subsequently induced death of the Jew, whose head must not be damaged, he will separate the head from the torso and will forward it to its point of destination in a preserving fluid in a well-sealed tin container especially made for this purpose. On the basis of the photos, the measurements and other data on the head and, finally, the skull itself, comparative anatomical research, research on racial classification, pathological features of the skull formation, form and size of the brain, and many other things can begin. In accordance with its scope and tasks, the new Reich University of Strasbourg would be the most appropriate place for the collection of and research on the skulls thus acquired.
TRANSLATION OF DOCUMENT NO-086 PROSECUTION EXHIBIT 177
LETTER FROM SIEVERS TO RUDOLF BRANDT, 2 NOVEMBER 1942, REQUESTING WITH HIMMLER’S APPROVAL, 150 SKELETONS
The Ahnenerbe The Reich Business Manager
Berlin, 2 November 1942 [Stamp] Personal Staff Reich Leader SS Registration of Files Secret 5/116
Secret
To: SS Obersturmbannfuehrer Dr. Brandt Berlin
Dear Comrade Brandt!
The Reich Leader SS once ordered, as you know, that SS Hauptsturmfuehrer Prof. Dr. Hirt should be provided with all necessary material for his research work. I have already reported to the Reich Leader SS that for some anthropological studies 150 skeletons of inmates or Jews are needed and should be provided by the Auschwitz concentration camp. It is only necessary for the Reich Security Main Office to be furnished now with an official directive by the Reich Leader SS; by order of the Reich Leader SS, however, you could issue it yourself.
Sincerely yours, Heil Hitler! [Signed] SIEVERS
1 enclosure: Draft of a letter to the Reich Security Main Office
TRANSLATION OF DOCUMENT NO-087 PROSECUTION EXHIBIT 181
LETTER FROM SIEVERS TO EICHMANN (COPY TO RUDOLF BRANDT), 21 JUNE 1943, CONCERNING SELECTION OF SUBJECTS FOR A SKELETON COLLECTION
[Handwritten] XI a 56
Ahnenerbe Office Institute for Military Scientific Research G/H/6, S2/He.
Berlin-Dahlem, Puecklerstrasse 16, 21 June 1943 Top Secret
G.R.Z.I. A.H. Sk. No. 10 5 copies—2d copy no enclosures
To Reich Security Main Office Office IV B 4 Attention: SS Obersturmbannfuehrer Eichmann, Berlin SW 11, Prinz Albrecht Strasse 8 Subject: Assembling of a skeleton collection.
With reference to your letter of 25 September 1942, IV B 4 3576/42 g 1488, and the personal talks which have taken place in the meantime on the above matter, you are informed that the coworker in this office who was charged with the execution of the above-mentioned special task, SS Hauptsturmfuehrer Dr. Bruno Beger, ended his work in the Auschwitz concentration camp on 15 June 1943 because of the existing danger of infectious diseases.
A total of 115 persons were worked on, 79 of whom were Jews, 2 Poles, 4 Asiatics, and 30 Jewesses. At present, these prisoners are separated according to sex and each group is accommodated in a hospital building of the Auschwitz concentration camp and are in quarantine.
For further processing of the selected persons an immediate transfer to the Natzweiler concentration camp is now imperative; this must be accelerated in view of the danger of infectious diseases in Auschwitz. Enclosed is a list containing the names of the selected persons.
It is requested that the necessary directives be issued.
Since with the transfer of the prisoners to Natzweiler the danger of spreading diseases exists, it is requested that an immediate shipment of disease-free and clean prisoners’ clothing for 80 men and 30 women be ordered sent from Natzweiler to Auschwitz.
At the same time one must provide for the accommodation of the 30 women in the Natzweiler concentration camp for a short period.
[Signature] SIEVERS SS Standartenfuehrer
Carbon copies to— a. SS Hauptsturmfuehrer Dr. Beger b. SS Hauptsturmfuehrer Prof. Hr. Hirt c. SS Obersturmbannfuehrer Dr. Brandt
PARTIAL TRANSLATION OF DOCUMENT SIEVERS 45 SIEVERS DEFENSE EXHIBIT 46
EXTRACT FROM THE AFFIDAVIT OF DR. GISELA SCHMITZ, 27 MARCH 1947, ON SIEVERS’ POSITION IN THE AHNENERBE SOCIETY AND HIS CONNECTION WITH THE SKELETON COLLECTION
* * * * *
In 1937 I was appointed Secretary in the Research and Instruction Society, the Ahnenerbe, Registered Association, where I remained until the end of the war in 1945. During all these years I worked for Wolfram Sievers, who was Reich Business Manager, and I gained thereby a fairly comprehensive insight into the organization of the Ahnenerbe and into Sievers activity.
The organization of the Ahnenerbe during the time when I was attached to it was as follows:
Himmler was the president; Professor Wuest, Rector of Munich University, was his curator; Sievers was responsible to the latter as Reich Business Manager.
An internal code of procedure laid down as a regulation for the Reich Business Manager stipulated that all decisive functions were the concern of the department chief and curator of the Ahnenerbe. According to this all decisions had to be obtained by the Reich Business Manager from the department chief if they were not dealt with by the president. Professor Wuest had the right to report direct to Himmler as president on all questions; Sievers could only do so on administrative concerns, and then only when Himmler consulted him on special matters and requested a report of him.
Sievers’ own sphere was financial and staff administration and the supervision of the business dealings of the Ahnenerbe. In scientific matters Sievers was denied the right to issue any orders. He was also forbidden personally to sign letters concerning scientific matters. However, as it was not always possible in practice to send all letters from Berlin to Munich, the domicile and permanent residence of the curator, for signature, Sievers often signed; Wuest then countersigned the copy.
When in 1942 the Ahnenerbe became a department of the personal staff of the Reich Leader SS, Professor Wuest became department chief. He was thus made responsible for all matters of administration and personnel, which had hitherto been the responsibility of the Reich Business Manager. Himmler personally made it quite clear to Sievers that he was not to interfere in scientific affairs.
In this connection I mention briefly the Ahnenerbe diary which it was Sievers’ duty, as Reich Business Manager, to write up. By express order of Himmler, all departments of the Reich Leader SS had to keep diaries. They were a hobby-horse of Himmler’s, and failure to comply with this order would have had very unpleasant consequences for the person responsible. Sievers who was frequently away from Berlin used to dictate the diary entries on his return. I know that the entries would not always have been able to stand close examination—they were inaccurate in parts and sometimes fabricated. Sievers insisted upon keeping the diary ostensibly correct, so as not to offend Himmler. The reasons for this will be explained by a later part of my statement. Sievers also mentioned to me the collection of Jewish-Bolshevik skulls, which was planned by Professor Hirt of Strasbourg.
Document NO-085, Prosecution Exhibit 175, regarding the collection of Jewish skeletons has been submitted to me. With the exception of the last paragraph which begins with the words “For the preservation * * *”, the report was—as far as I remember—drafted by Dr. Bruno Beger who had come from the SS Race and Settlement Main Office (RuSHA).[86] I first saw the report in the autumn of 1941. The report had already been circulated in all possible offices and one copy had also been sent to the Ahnenerbe. The reasons why the report had also been sent to the Ahnenerbe are unknown to me; in any case, Sievers showed me this proposal with all signs of horror and defined it as a hybrid outgrowth of the propaganda which at that time used to describe the eastern nations as “subhuman.” The report itself was filed away, as it did not concern us, or passed on to the chief of the Ahnenerbe, Professor Wuest, as it was really a “scientific” matter. One day Sievers told me that Himmler had mentioned this matter in a private conversation—I believe it was in connection with Professor Hirt—and ordered the document to be submitted after obtaining an opinion from Professor Hirt. Hirt then added the last paragraph. With this addition the report was forwarded to the personal staff of the Reich Leader SS and to Dr. Rudolf Brandt.
With regard to the Document NO-087, Prosecution Exhibit 181, as shown to me, I can state: the letter to the Reich Security Main Office bears the dictation reference S 2/Ha. According to this, the letter was not dictated by Sievers himself, but—as I remember—by Dr. Beger who dictated the letter in the office of subdepartment Chief Wolff, whose reference number was S 2.
With regard to Document NO-088, Prosecution Exhibit 182, I can say that Professor Hirt had asked by telephone for a decision on the suggestions which appear at the end of this document. Sievers only passed this request of Hirt on to the personal staff of the Reich Leader SS.
Sievers spoke to me repeatedly about the experiments on humans and also about the collection of skeletons and always said that these things were very much against his inner feelings. Repeatedly, I had an opportunity to see how much Sievers suffered in this connection. He sometimes had pronounced periods of depression.
* * * * *
TRANSLATION OF DOCUMENT SIEVERS 54 SIEVERS DEFENSE EXHIBIT 50
REGULATIONS FOR THE COMMANDOS (EINSATZKOMMANDOS)[87] OF THE SECURITY POLICE AND THE SECURITY SERVICE TO BE ACTIVATED IN STALAGS
B 101 Enclosures 2 Office IV Berlin, 17 July 1941
Top Secret
The activation of commandos will take place in accordance with the agreement of the Chief of the Security Police and Security Service and the Supreme Command of the Armed Forces as of 16 July 1941. The commandos will work independently according to special authorization and in consequence of the general regulations given to them in the limits of the camp organizations. Naturally, the commandos will keep close contact with the camp commander and the defense officers assigned to him.
The mission of the commandos is the political investigating of all camp inmates, the elimination and further treatment—
a. of all political, criminal, or in some other way unbearable elements among them.
b. of those persons who could be used for the reconstruction of the occupied territories.
For the execution of their mission, no additional means can be put at the disposal of the commandos. The Deutsche Fahndungsbuch [German Wanted List] the Aufenthaltsermittlungsliste [Residence Locator List] and the Sonderfahndungsbuch UdSSR [Special Wanted List, Union of the Soviet Socialist Republic] will prove to be useful in only a small number of cases; the Sonderfahndungsbuch UdSSR is not sufficient, because it contains only a small part of Soviet Russians considered to be dangerous.
Therefore, the commandos must use their special knowledge and ability and rely on their own findings and self-acquired knowledge. Therefore, they will be able to start carrying out their mission only when they have gathered together appropriate material.
The commandos must use for their work as far as possible, at present and even later, the experiences of the camp commanders which the latter have collected meanwhile from observation of the prisoners and examinations of camp inmates.
Further, the commandos must make efforts from the beginning to seek out among the prisoners elements which appear reliable, regardless if there are Communists concerned or not, in order to use them for intelligence purposes inside of the camp and, if advisable, later in the occupied territories also.
By use of such informers and by use of all other existing possibilities, the discovery of all elements to be eliminated among the prisoners must succeed step by step at once. The commandos must learn for themselves, in every case, by means of short questioning of the informers and eventual questioning of other prisoners.
The information of one informer is not sufficient to designate a camp inmate to be a suspect without further proof; it must be confirmed in some way if possible.
Above all, the following must be discovered; all important functionaries of state and party, especially—
Professional revolutionaries.
Functionaries of the Comintern.
All policy forming party functionaries of the Communist Party of the Soviet Union and its subsidiary organizations in the central committees, in the regional and district committees.
All Peoples Commissars and their deputies.
All former Political Commissars in the Red Army.
Leading personalities of the Main and intermediate offices of the state authorities.
Members of the Soviet Russian intelligentsia.
All Jews.
All persons who are found to be agitators or fanatical Communists.
It is not less important, as mentioned already, to discover all those persons who could be used for the reconstruction, administration, and management of the conquered Russian territories.
Finally, all such persons must be secured who are still needed for the completion of further investigation, regardless if they are police investigations or other investigations, and for settling questions of general interest. Among them are all those especially who, because of their position and their knowledge, are able to give information about measures and working methods of the Soviet-Russian State, of the Communist Party, or of the Comintern.
In the final analysis, consideration must be given to origin in all decisions to be made. The leader of the Einsatzkommando will give a short report every week by telephone or an express letter to the Reich Security Main Office, containing:
1. Short description of their activities in the past week.
2. Number of all definitely suspicious persons (report of number sufficient).
3. Individual names of all persons found to be functionaries of the Comintern, leading functionaries of the party, Peoples Commissars, leading personalities, and political commissars.
4. Number of all persons found not to be suspicious informers, with a short description of their position.
A. Prisoners of war.
B. Civilians.
On the basis of those activity reports the Reich Security Main Office will issue immediately the further measures to be applied. For the measures to be applied on the basis of this successive directive, the commandos are to demand the surrender of the prisoners involved from the camp command.
The camp commandants have received orders from the Supreme Commander of the Armed Forces to approve such requests.
Executions are not to be held in the camp or in the immediate vicinity of the camp. If the camps in the General Government are in the immediate vicinity of the border, then the prisoners are to be taken for special treatment, if possible, into former Soviet-Russian territory.
Should executions be necessary for reasons of camp discipline, then the leader of the Einsatzkommando must apply to the camp commander for it.
The commandos have to keep lists about the special treatments carried out and must contain—
Current number.
Family name and first name.
Date and place of birth.
Military rank.
Profession.
Last residence.
Reason for special treatment.
Day and place of special treatment (card file).
In regard to executions to be carried out and to the possible removal of reliable civilians and the removal of informers for the Einsatz group in the occupied territories, the leader of the Einsatzkommando must make an agreement with the nearest state police office, as well as with the commandant of the security police unit and security service and beyond these with the chief of the Einsatz group concerned in the occupied territories.
Reports of that kind are to be transmitted for information to the Reich Security Main Office, IV A 1. Excellent behavior during and after duty, the best cooperation with the camp commanders, and careful examinations are the duty of all leaders and members of the Einsatzkommando.
The members of the Einsatzkommando must be constantly aware of the special importance of the missions entrusted to them.
EXTRACT FROM THE TESTIMONY OF DEFENDANT RUDOLF BRANDT[88]
DIRECT EXAMINATION
* * * * *
DR. KAUFFMANN: Witness, I now put to you documents concerning, among other things, procuring skulls of Jewish-Bolshevist Commissars. Please look at page 1 of Document NO-085, Prosecution Exhibit 175. This is a letter from the Ahnenerbe, of 9 February 1942, addressed to you. It is a secret communication, and it bears Sievers’ signature. There are two annexes to this document. One of them concerns research into microscopy, and the other one concerns the suggestion for procuring the afore-mentioned skeletons for the purpose of scientific research. Now, I ask you whether you received this document, whether you are familiar with the contents of this letter, and whether you still remember it today?
DEFENDANT RUDOLF BRANDT: I received the letter with the inclosures, but I recall as little about this as I recall about the other matters.
Q. Do you wish to say then that you did not read the two inclosures to this letter?
A. That is what I really should like to say because, as I have already said, reports which were destined for the Reich Leader were put with the mail that he was to read personally, and it would have been the same in the case of Professor Hirt’s report, which is really incomprehensible to a lay reader.
Q. Perhaps I might point out to the Tribunal that the two inclosures are wrongly bound in the document. The first inclosure refers to the microscopic research and the second inclosure to the procuring of skeletons. Is that also your opinion, Herr Brandt?
A. Yes. That is how the letter states it. First, comes the microscopic study and then the other.
Q. Now, I ask you, with particular regard to the fact that you are testifying under oath, did you know in detail that, as can be seen from this report, human beings were to be killed and that the skulls or skeletons were then to be sent to the University of Strasbourg? Did you know these details?
A. No. I did not know these details.
Q. Would you tell us just what you did know, in broad terms?
A. I knew the contents of the letter which I sent on to Eichmann.
Q. This is Document NO-116, Prosecution Exhibit 178. In this letter you inform Eichmann that everything necessary would be done for Professor Hirt to build up this collection of skeletons, and you say further that SS Obersturmbannfuehrer Sievers will communicate with Eichmann as to the details of this. I now ask you, who is Eichmann?
A. I do not think that I had any idea who Eichmann was at that time. Sievers sent me the draft of this letter, which I certainly did not send on in this form as it appears here. As was always the case, I showed it to Himmler, and only then did I send it on. I am quite sure that I heard Eichmann’s name then for the first time. I did not know him otherwise, nor did I know him later.
Q. Can you not tell us whether you did not have some idea as to what was going on here in this whole business? When, for instance, one heard that a collection of skeletons was to be made, then one would surely ask oneself what was really going on?
A. I certainly had no other ideas concerning this matter than those that would normally arise in connection with a collection of skeletons for anatomical purposes; and it would never have occurred to me that any prisoners would be used for this except those who had died a normal death.
Q. Did you work on this affair independently thereafter, or did you submit the matter to Himmler for him to decide and arrange?
A. It was submitted to Himmler, like all other questions. To begin with I was not thoroughly versed in such matters, and secondly, owing to my lack of technical knowledge, I could not give orders or instructions for it to be carried out.
Q. I draw your attention now to Document NO-087, Prosecution Exhibit 181, again a letter to Eichmann marked “secret”, dated 21 June 1943. The letter was apparently sent by Sievers with copies for two other persons and also with a copy to be sent to you. This letter says that altogether 115 persons would be affected and that the selected persons should be sent to the concentration camp at Natzweiler. How would such a letter be handled by you in your registry office—I refer now to the copy which was sent to you? Did you again submit it to Himmler, and did you or someone else lay the letter aside?
A. I do not remember ever having seen this letter. The file note on it bears an initial that is not mine, but that of my collaborator Berg. He also initialed for filing several of the documents that are in the document book.
Q. Now, please look at the file note of Berg. (NO-091, Pros. Ex. 183.) Would you say that that is the same Berg who initialed the foregoing document?
A. Yes. That is the same Berg.
Q. Now, please look at Document NO-091. Here it says, “Note—for SS Standartenfuehrer Dr. Brandt”, and it is signed by Berg. This reproduces a talk that Berg had with Sievers; do you remember seeing this notation?
A. I do not remember having seen it.
Q. Let me point out the date, 26 October 1944.
A. That was the last day of our stay at our East Prussian quarters. The Russians were only about 30 to 40 kilometers away. Berg would have made the note so that I could get a final report to Himmler. As, however, we had to clear out by that evening, there were more important things to do than to submit such a memorandum, so that possibly he did not show it to me at all.
-----
[85] Trial before International Military Tribunal. See Trial of the Major War Criminals, vols. I-XLII, Nuremberg, 1947.
[86] See Case 8, United States vs. Ulrich Greifelt, et al. in vols. IV and V.
[87] See Case 9, United States vs. Otto Ohlendorf, et al. in vol. IV.
[88] Complete testimony is recorded in mimeographed transcript, 24, 25, 26 March 1947, pp. 4869-4994.
C. Project To Kill Tubercular Polish Nationals
a. Introduction
The defendants Blome and Rudolf Brandt were charged with participation in and responsibility for the murder and mistreatment of tens of thousands of Polish Nationals allegedly infected with incurable tuberculosis (par. 8 of the indictment). On this charge both defendants were acquitted.
The prosecution’s summation of the evidence and argumentation on this charge is contained in its closing brief against the defendant Blome. An extract from this brief is set forth below on pages 760 to 763. A corresponding summation of the evidence by the defense has been selected from the final plea for the defendant Blome. It appears below on pages 763 to 768. This argumentation is followed by selections from the evidence on pages 769 to 794.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT BLOME_
* * * * *
Personal Participation in Criminal Activities—Murder and Mistreatment of Polish Nationals
By 1941 it was the accepted policy of the Third Reich to exterminate the Jewish population of Germany and the occupied countries. (IMT judgment.[89]) In pursuance of this policy the Reich Governor of the Warthegau, Greiser, obtained permission from Himmler to exterminate the Jewish population in this province. In a letter of 1 May 1942, he informed Himmler that the “special treatment” of about 100,000 Jews would be completed within 2 to 3 months. He stated that as soon as this task was completed, the “existing and efficient special commandos” could be used for the extermination of approximately 35,000 Polish Nationals who suffered from open tuberculosis. These Poles allegedly were a danger to the German officials and their families because they were a possible source of tubercular infection. Greiser went on to say:
“The ever-increasing risks were also recognized and appreciated by the deputy of the Reich Health Leader for Public Health [Reichsgesundheitsfuehrer] Comrade Professor Dr. Blome as well as by the leader of your X-ray battalion, SS Standartenfuehrer Prof. Dr. Hohlfelder.
“Though in Germany proper it is not possible to take appropriate draconic steps against this public plague, I think I could take responsibility for my suggestion to have cases of open tuberculosis exterminated among the Polish race here in the Warthegau. Of course, only a Pole should be handed over to such an action who is not only suffering from open tuberculosis, but whose incurability is proved and certified by a public health officer.
“Considering the urgency of this project I ask for your approval in principle as soon as possible. This would enable us to make the preparations with all necessary precautions now to get the action against the Poles suffering from open tuberculosis under way, while the action against the Jews is in its closing stages.” (NO-246, Pros. Ex. 196.)
In a letter of 27 June 1942 Himmler gave consent in principle to this plan and instructed Greiser to discuss the individual measures in detail with the security police first, in order to assure an inconspicuous accomplishment of the task. (NO-244, Pros. Ex. 201.) On 21 November 1942 Greiser informed Himmler that the examinations which were to be carried out in order to separate the curable and incurable would be executed by Professor Hohlfelder and his X-ray battalion. He estimated that the first utilization of the method would be in approximately six months. He further stated:
“In this stage of the proceedings, Professor Dr. Blome, in his capacity as Deputy Chief of the Public Health Office [Hauptamt fuer Volksgesundheit] of the NSDAP is raising some objections as to its execution, as he states in a letter of 18 November. These objections are expressed only now, although Dr. Blome and Dr. Hohlfelder and myself have spent months of preliminary work on examination, clarification, and straightening out the whole procedure.
“I enclose a copy of Blome’s letter of 18 November for your information * * *.” (NO-249, Pros. Ex. 202.)
In this letter, Blome stated that among the Polish population of the province, at least 35,000 persons were suffering from open tuberculosis, and besides this number, about 120,000 consumptives were in need of treatment. This constituted an enormous danger to the German settlers in all parts of the province. In order to make further German immigration possible, counter measures were to be taken soon. Blome then outlined the three ways for the practical elimination of the danger of infection:
“1. Special treatment [Sonderbehandlung] of the seriously ill persons.
“2. Most rigorous isolation of the seriously ill persons.
“3. Creation of a reservation for all tubercular patients.”
As to the first proposal he stated:
“The approximately 35,000 Poles who are incurable and infectious will be ‘specially treated’. All other Polish consumptives will be subjected to an appropriate cure in order to save them for work and to avoid their causing contagion.” (NO-249, Pros. Ex. 202.)
Blome pointed out that one of the practical difficulties of outright extermination of all tubercular Poles was that it might provide excellent propaganda material for the enemies of Germany, especially with regard to the strong Catholic feelings of the Italian nation and “all the physicians of the world.” He therefore considered it necessary that Hitler himself personally decide on this step. Should Hitler consider this radical solution as unsuitable, preparations for the execution of the plan as outlined in points 2 and 3 should be made. The exclusive settlement of all tubercular Poles, irrespective of whether they were curable or incurable, would remove the danger of infection for the German settlers. These Poles should be used for labor. Not only the tubercular Poles of the Warthegau, but also those in Danzig-West Prussia, those of the administrative district of Zichenau, and of the Province of Upper Silesia should be isolated in the same settlement. He stated:
“Another solution to be taken into consideration would be a strict isolation of all the infectious and incurable consumptives, without exception, in nursing establishments. This solution would lead to the comparatively rapid death of the sick. With the necessary addition of Polish doctors and nursing personnel, the character of a pure death camp would be somewhat mitigated.” (NO-249, Pros. Ex. 202.)
Finally Blome advocated as the most practicable solution the creation of a reservation similar to the reservation for lepers. Within the reservation, the strict isolation of the strongly contagious could easily be achieved. In this way the danger of infection would be removed and the problem of the German consumptives in the province would be overcome. (NO-250, Pros. Ex. 203.) Blome admitted that the expression “special treatment” which he used in the letter meant the killing of the tubercular Poles. (Tr. p. 4791.)
Himmler approved Blome’s plan to create a reservation for tubercular Poles, incurable and curable alike, in a letter to Greiser dated 3 December 1942. It would be possible to exploit this action for propaganda purposes, whereas on the other hand, outright extermination of those inflicted with open tuberculosis would take too long, as the X-ray examinations of the Polish population would require at least six months. (NO-251, Pros. Ex. 204.)
That at least some of the tubercular Poles were exterminated, while the others were taken to death camps where they were left to die, is proved by the affidavit of the defendant Rudolf Brandt. (NO-441, Pros. Ex. 205.) Brandt tried to explain, not to say repudiate, this affidavit by testifying that he made the statements on the basis of documents shown to him in pretrial interrogations. He stressed the point, however, that he insisted the wording of one sentence be changed. This sentence originally read: “As a result of the suggestions made by Blome and Greiser, 8-10,000 Poles were exterminated”! He changed the expression “8-10,000” to “numerous.” (Tr. pp. 4890, 4953.) This proves in itself that Brandt did not make his statement in exclusive reliance on the contents of the documents shown to him in pretrial interrogations (Tr. p. 4891) but also on the basis of the knowledge he obtained as collaborator of Himmler. The documents do not show the execution of “numerous” Poles. Moreover, Brandt states in these documents that Dr. Blome visited Himmler from time to time and supported Greiser’s suggestions. There is no document in evidence or in the possession of the prosecution which would give the basis for this statement. It is, therefore, clear that Brandt’s statements are founded upon knowledge which he obtained from Himmler.
Without a doubt, Rudolf Brandt is as well advised on the crimes which are the subject of this trial as any man in Germany. There is no reason whatever for refusing to give full weight to the pretrial statements of Brandt. There has been no proof that these statements were obtained by fraud or duress. Brandt’s testimony before the Tribunal can be summed up in one sentence: “I remember nothing.” Aside from a description of Himmler’s personality, he contented himself with giving answers to leading questions by his attorney which were calculated to reveal him as a disembodied stenographic automaton—something in the nature of a proficient half-wit. Surely his pretrial affidavits are entitled to more weight than the blatant nonsense which was his testimony.
Blome denied that he ever planned or suggested that Poles suffering from open tuberculosis should be exterminated and that the remainder should be put in reservations and left there to die (Tr. pp. 4578, 4790-1) but he is contradicted by the proof of his own making.
* * * * *
c. Selection from the Argumentation of the Defense
_EXTRACT FROM THE FINAL PLEA FOR THE DEFENDANT BLOME_[90]
* * * * *
Probably the most serious accusation against Dr. Blome seemed to be the allegation that he had proposed the murder of 25,000-30,000 tubercular Poles and had taken part in carrying out this plan. The evidence clearly shows, however, that this accusation is quite unfounded. I maintain on the contrary (a) it is not true that Dr. Blome approved or supported this murderous plan, and (b) it is also untrue that this plan was ever carried out. It is true, however, that it was Dr. Blome himself who prevented this devilish plan. It was Dr. Blome who, by his clever intervention saved the lives of the 25,000-30,000 tubercular Poles who were to be “liquidated.”
The documents show that this plan originated with Gauleiter Greiser and Reich Leader SS Himmler. Blome was then assigned to this matter because it was known that he had for many years made the fight against tuberculosis the aim of his life, and because he built his cancer institute in the same Gau which Gauleiter Greiser governed. Blome stated his attitude to this plan clearly at the time in the well-known letter of 18 November 1942. (NO-250, Pros. Ex. 203.) He discussed the three possibilities which existed and explained the pro’s and con’s of each of these three possibilities in detail. These three possibilities were either “Liquidation,” i. e., the murder of those Poles suffering from incurable tuberculosis, their internment in isolated institutions, or lastly, their settlement in a reservation. In his letter of 18 November 1942 (Appendix 25) he definitely rejected the first possibility and advocated the latter.
In this, Blome was completely successful. Greiser was so much impressed by Blome’s arguments that he no longer dared to carry out the liquidation of the Poles which had been decided upon. In fact, he submitted Dr. Blome’s memorandum to the Reich Leader SS Himmler, so that he should obtain a decision from Hitler himself. (NO-249, Pros. Ex. 202.) This was already a remarkable success for Blome, because Himmler had already ordered the liquidation of the Poles. Blome’s arguments made such an impression even on the bloodhound Himmler that, contrary to Greiser’s expectations, he cautiously put the matter before Hitler again and obtained his definite ruling. It should be remembered that this in itself would no longer have been necessary, because not only had Conti agreed to the murder, but from Greiser’s covering note of 21 November 1942 it is obvious that Hitler had also given his approval to the extermination of the Poles before.
Thereupon, after a subsequent examination of the matter, Hitler withdrew the extermination order and thus Himmler had no alternative but to do the same. This is clearly proved by Himmler’s letter of 3 December 1942. (NO-251, Pros. Ex. 204.)
The extermination of the Poles did not take place; this is due to Blome.
Although these facts are incontestably proved by the documents presented, the prosecution nevertheless upheld the charge against Blome. This evidently was due to the peculiar wording of Blome’s letter to Greiser of 18 November 1942. The prosecution in their speech of 19 December 1946 described this letter a “devilish masterpiece of murderous intent.” In considering this case, the prevailing conditions should be borne in mind. Dr. Blome knew that the tuberculous Poles were lost, that their murder had been decided upon, unless it was possible on some grounds to change Hitler’s mind at the last moment. The statement of the witness Dr. Gundermann (Blome 1, Blome Ex. 8) proved that Blome at that time, as is confirmed by Blome’s own testimony (Tr. pp. 4574-78), strove for days for a successful wording of his letter; he repeatedly drafted the letter, then rejected the wording again, and finally introduced arguments in the letter which he hoped would be successful. From the very beginning he was aware, of course, that his intervention was bound to fail and have no success if he described Hitler’s planned extermination of the Poles as a crime and downright murder and solemnly protested against it. In this way Blome would have achieved nothing for the Poles, but would have had to expect to be brought before a court himself and sentenced for sabotaging an order of the Fuehrer, or to have disappeared in a concentration camp without any legal sentence. With such simple method as entering a solemn protest by calling on the laws of humanity or of justice nothing would have been achieved with Hitler, especially when he had already made up his mind and had decided on a certain matter and had already given the necessary orders for execution; in such cases Hitler was usually inaccessible and would not listen to any counterproposals. Dr. Blome knew this, of course, just as well as, for instance, the Gauleiter of the Lower Danube, who in connection with a similar problem (sterilization), in his letter of 24 August 1942 (NO-039, Pros. Ex. 153) pointed out the importance of “enemy propaganda,” as he considered this most likely to be successful. Dr. Blome therefore looked for reasons which would perhaps have a decisive influence on Hitler and these were either the Church or other nations. It is understandable that Hitler, in view of the tense situation at that time, in the middle of the Second World War, did not want to break completely with the Church, and he also had to consider the opinion of foreign countries so as not to antagonize neutral states. Dr. Blome speculated on these two points. In his letter of 18 November 1942 he emphasized in a skillful manner, and with full determination, these two points of view, and with those two references he achieved full success. (NO-250, Pros. Ex. 203.)
It may now be realized why Blome, in the early part of his letter, tried to give Hitler the impression that he (Blome) fully agreed with the plan as such for the extermination of the Poles, and why he even pretended that everything was already prepared for the execution of this plan. Hitler had, so to speak, only to press the button and 25,000-30,000 Poles would be done away with. This was merely a trick which Blome used in order to ensure a favorable consideration of his second and third proposals (internment or reservation).
If Dr. Blome had written that he declined to approve such an order of the Fuehrer, that, in consequence, no preparations for its execution had been made, and that he would rather resign than become a party to a mass murder, then Hitler would have had his customary outburst, and Blome would have been finished as far as he was concerned; he would, of course, have entirely disregarded the protest of such a “saboteur,” and in the interests of so-called “reasons of State,” the Fuehrer’s orders would have been strictly carried out. To prevent this, Dr. Blome had to pretend for the time being, that he was ready to acknowledge the Fuehrer’s orders as a matter of course and, where possible, to participate personally in their execution, if Hitler, as Head of the State, so desired. However, when weighing the pro’s and con’s, Dr. Blome was able to bring to the foreground points of view against the plan of extermination which conceivably might greatly impress Hitler.
Blome’s letter of 18 November 1942 can only be explained thus, and was intended in this way. (Blome 1, Blome Ex. 8.) So Dr. Blome, on the strength of this letter, cannot be convicted. For it is certain that Hitler thereupon dropped his plan and completely rescinded his orders for the murder.
This success, which could hardly have been anticipated because of Hitler’s obstinacy and vainglory, completely justifies the defendant Blome. It proves that Blome’s conception was the right one and that his manipulations saved the lives of the Poles.
Another matter helped Blome considerably, which must not be overlooked here. Shortly before, Hitler had cancelled the continuation of the Euthanasia Program. Apparently he did this under the influence of numerous protests which had been made by the two Christian Churches. The reaction abroad also played a considerable part in this because mass destruction of the insane had been taken up repeatedly by the foreign press with particular reproaches against the Nazi regime. Dr. Blome made use of these points of view which had proved effective in the case of the Euthanasia Program, and they also produced telling effects in the case of the tubercular Poles.
Why did the prosecuting authorities maintain the accusation against. Dr. Blome in spite of all this? Apparently this was solely on account of an affidavit by the codefendant Rudolf Brandt. In his affidavit of 24 October 1946 Rudolf Brandt completely suppresses the letters which cause the complete rescinding of the plan for murder. (NO-441, Pros. Ex. 205.) He is silent about these letters, although it can be proved that they passed through his hands, were initialed, and handed down to lower offices by him.
During his examination by the defense, Rudolf Brandt was charged with untruthfulness. He was unable to offer an explanation, failed to answer, and was forced to submit to the charge of untruthfulness, of deliberate untruthfulness. Altogether, Rudolf Brandt has made an amazing number of affidavits; he has, without scruples, supplied the prosecution with practically every affidavit desired for the incrimination of codefendants, and with equal readiness, he has given affidavits for these same codefendants which directly contradicted his former assertions. What he confirms under oath today, he denies under oath tomorrow, and vice versa. However, it must be stated that the affidavit which Rudolf Brandt made against Dr. Blome, dated 24 October 1946, was the climax of his mendacity. After the experiences in this trial, and after having become acquainted, as we have, with a man like Rudolf Brandt, it would be ridiculous even to consider attaching any weight to the affidavit of a man such as we have got to know in Rudolf Brandt. His affidavit of 24 October 1946 has been entirely refuted by documents introduced by the prosecution. It is unnecessary, therefore, to examine to what extent Rudolf Brandt’s untruthfulness can be traced to his state of mental health.
During the session of 9 December 1946 the prosecuting authorities announced:
“The prosecution will introduce evidence to show that the program was in fact carried out at the end of 1942 and the beginning of 1943, and that as a result of the suggestions made by Blome and Greiser, many Poles were ruthlessly exterminated and that others were taken to isolated camps, utterly lacking in medical facilities, where thousands of them died.”
This evidence has not been produced so far by the prosecuting authorities, although the defense, during the session of 17 March 1947, referred in particular to this lack of evidence. The assertions of a Rudolf Brandt in this respect cannot be evaluated as “evidence,” even if it had not been completely retracted and even if it had not already been completely refuted by additional documents submitted by the prosecution. If the prosecuting authorities had succeeded in producing the witness Perwitschky, who had already been proposed in 1946, and who had been approved by the Tribunal, then his testimony would have produced additional clear proof that Blome actually prevented the proposed mass murder.
We know that later fate of these Poles who suffered from incurable open tuberculosis from the affidavit of Dr. Gundermann, the highest medical officer of the Warthegau (the territory in which the tubercular Poles were to be liquidated). (Blome 1, Blome Ex. 8.) The fight against tuberculosis was a legal task of the Public Health Offices which were subordinated in the Warthegau to the witness Dr. Gundermann. As a result of difficulties caused by the war, it was not possible to accommodate during the war, either in restricted institutions or in a segregated area, those suffering from tuberculosis; these two possibilities, which had been examined in a letter dated 18 November 1942 from Blome to Greiser were therefore out of the question for the time being. (NO-250, Pros. Ex. 203.) Therefore, the tubercular Poles were provided for according to the same legal regulations which applied to tubercular Germans in Germany proper. Legal regulations notwithstanding, a separate Tuberculosis Welfare Office, with Polish physicians and nurses, was established in the various health offices of the Warthegau. (Blome 1, Blome Ex. 8.) Therefore, the contention of the prosecution “that the accommodation of sick Poles in restricted institutions resulted in the comparatively rapid death of the sick” or, that the transportation of the sick into a reserved area meant that, “they were left to their fate, provided with few physicians and with few or no nursing personnel,” is devoid of application. (Tr. pp. 757-59.)
It should be observed, however, that these proposals by Blome (for internment or reserved areas) did not originate from him, but had already been discussed during the meeting of the German Tuberculosis Society in 1937, and went back to proposals which had already been worked out years before by English research workers in tuberculosis on instructions from the International Tuberculosis Commission, and which had been generally approved. (Blome 14, Blome Ex. 6.) Therefore, even if the existence of these proposals had been known, it cannot be said that they contradicted in any way the laws of humanity. According to widespread views held by the responsible circles, such measures are necessary if tuberculosis, from which millions die yearly, is to be fought effectively, and if the healthy portion of the population is to be protected effectively against the dangers of infection through incurable tubercular patients. In this case, the protection of the healthy population against infection appears more important than consideration for the unrestricted liberty of incurable patients.
* * * * *
d. Evidence
Prosecution Documents
Doc. No. Pros. Ex. No. Description of Document Page NO-247 197 Letter from Koppe to Rudolf Brandt, 3 May 769 1942, concerning the killing of tubercular Poles. NO-244 201 Letter from Himmler (signed by Rudolf 770 Brandt) to Greiser, 27 June 1942, concerning the extermination of tubercular Poles. NO-250 203 Letter from Blome to Greiser, 18 November 771 1942, concerning the mass extermination of tubercular Poles. NO-441 205 Affidavit of defendant Rudolf Brandt, 24 775 October 1946, concerning the plan to exterminate tubercular Polish Nationals. NO-246 196 Letter from Greiser to Himmler, 1 May 776 1942, concerning the plan for mass extermination of tubercular Poles.
Defense Documents
Doc. No. Def. Ex. No. Description of Document Page Blome 14 Blome Ex. 6 Extracts from a report on the German 777 Tuberculosis Conference of 18 to 20 March 1937, at Wiesbaden. Blome 1 Blome Ex. 8 Extracts from the affidavit of Dr. Oskar 778 Gundermann, 28 December 1946, stating that Blome opposed the plan to exterminate tubercular Poles and that the plan was never carried out.
Testimony
Extract from the testimony of defendant Blome. 780
TRANSLATION OF DOCUMENT NO-247 PROSECUTION EXHIBIT 197
LETTER FROM KOPPE TO RUDOLF BRANDT, 3 MAY 1942, CONCERNINGTHE KILLING OF TUBERCULAR POLES
The Higher SS and Police Leader on the Staff of the Reich Governor in Poznan,
In Military District XXI [Wehrkreis XXI], Journal No. 132/42 g
Poznan, 3 May 1942 Fritz-Reuter Street, 2a Tel: 6501-05
Secret
To the Reich Leader SS, Personal Staff, Attention: SS Obersturmbannfuehrer Brandt, Berlin SW 11, Prinz Albrecht Street 8. Subject: Poles afflicted with TB. Dear Comrade Brandt,
May I ask that you submit the following matter to the Reich Leader SS:
The Gauleiter will shortly ask the Reich Leader SS for permission to have Poles who have been shown to be afflicted with open TB admitted to the detachment Lange for special treatment. This request is motivated by the Gauleiter’s serious and understandable concern for the physical welfare of the German people here. For there are about 20-25,000 Poles in the Gau who, according to the doctors’ opinion, are afflicted with incurable TB and who will not be fit for assignment to work again. In view of the fact that these Poles live very closely crowded together, particularly in the cities, and that, on the other hand, they come in constant contact with the German population, they constitute a tremendous source of infection which must be checked as quickly as possible. If this is not done, the infection of large numbers of Germans and most serious damage to the health of the German population must be expected. Today already the number of cases of Germans, among them also members of the police force, becoming infected by Poles with TB is increasing.
Under these circumstances, I consider the solution desired by the Gauleiter as the only possible one and ask that you inform the Reich Leader SS accordingly.
With comradely greetings, Heil Hitler! Yours, [Signature] W. KOPPE
TRANSLATION OF DOCUMENT NO-244 PROSECUTION EXHIBIT 201
LETTER FROM HIMMLER (SIGNED BY RUDOLF BRANDT) TO GREISER, 27 JUNE 1942, CONCERNING THE EXTERMINATION OF TUBERCULAR POLES
Top Secret
Reich Leader SS Journal No. 1247/42 Reference: Yours of 1 May 1942, P 802/42. Bra/V.
[Handwritten] XI 2/97 Fuehrer Headquarters, 27 June 1942
Secret
Reichsstatthalter SS Obergruppenfuehrer Greiser, Poznan 1. Dear Comrade Greiser!
I am sorry that I was not able until today to give a definite answer to your letter of 1 May 1942.
I have no objection to having protectorate people and stateless persons of Polish origin, who live within the territory of the Warthegau and are infected with tuberculosis, handed over for special treatment as you suggest; as long as their disease is incurable according to the diagnosis of an official physician. I would like to request, however, to discuss the individual measures in detail with the security police first, in order to assure inconspicuous accomplishment of the task.
Heil Hitler! Yours, [Signed] H. HIMMLER
2. SS Obergruppenfuehrer Koppe 3. Reich Security Main Office Copies for information. By order:
[Signature] BR. SS Obersturmbannfuehrer. [Initialed] M 25/6.
TRANSLATION OF DOCUMENT NO-250 PROSECUTION EXHIBIT 203
LETTER FROM BLOME TO GREISER, 18 NOVEMBER 1942, CONCERNING THE MASS EXTERMINATION OF TUBERCULAR POLES
Dr. med. Kurt Blome Deputy Head NSDAP Main Office for Public Health
18 November 1942 Berlin, SW 68, Lindenstrasse 42
To the Reichsstatthalter and Gauleiter, Party Member Greiser, Poznan Reference: Tuberculosis action in the Warthegau.
Dear Party Member Greiser,
Today I return to our various conversations concerning the fight against tuberculosis in your Gau, and I will give you—as agreed on the 9th of this month in Munich—a detailed picture of the situation as it appears to me.
Conditions for quickly getting hold of all consumptives in your Gau exist. The total population of your Gau amounts to about 4.5 million people, of which about 835,000 are Germans. According to previous observations, the number of consumptives in the Warthegau is far greater than the average number in the old Reich. It was calculated that in 1939 there were among the Poles about 35,000 persons suffering from open tuberculosis, and besides this number about 120,000 other consumptives in need of treatment. In this connection it must be mentioned that, in spite of the evacuation of part of the Poles further to the east, the number of sick persons is at least as great as in 1939. As, in consequence of the war, living and food conditions have deteriorated steadily, one must expect an even higher number.
With the settlement of Germans in all parts of the Gau an enormous danger has arisen for them. A number of cases of infection of children and adults occur daily.
What goes for the Warthegau must to a certain degree also hold true for the other annexed territories, such as Danzig-West Prussia, the administrative districts of Zichenau and Katowice. There are cases of Germans settled in the Warthegau who refuse to have their families follow because of the danger of infection. If such behavior is imitated, and if our compatriots see that necessary measures for combating tuberculosis among the Poles are not carried out, it is to be expected that the necessary further immigration will come to a halt. In such a way the settlement program for the East might reach an undesired state.
Therefore, something basic must be done soon. One must decide the most efficient way in which this can be done. There are three ways to be taken into consideration:
1. Special treatment of the seriously ill persons.
2. Most rigorous isolation of the seriously ill persons.
3. Creation of a reservation for all TB patients.
For the planning, attention must be paid to different points of view of a practical, political, and psychological nature. Considering it most soberly, the simplest way would be the following: Aided by the X-ray battalion we could reach the entire population, German and Polish, of the Gau during the first half of 1943. As to the Germans, the treatment and isolation are to be prepared and carried out according to the regulations of tuberculosis relief. The approximately 35,000 Poles who are incurable and infectious will be “specially treated.” All other Polish consumptives will be subjected to an appropriate cure in order to save them for work and to avoid their causing contagion.
According to your request I made arrangements with the offices in question, in order to start and carry out this radical procedure within half a year. You told me that the competent office agreed with you as to this “special treatment” and promised support. Before we definitely start the program, I think it would be correct if you would make sure once more that the Fuehrer will really agree to such a solution.
I could imagine that the Fuehrer, having some time ago stopped the program in the insane asylums, might at this moment consider a “special treatment” of the incurably sick as unsuitable, and irresponsible from a political point of view. As regards the Euthanasia Program it was a question of people of German nationality afflicted with hereditary diseases. Now it is a question of infected sick people of a subjugated nation.
There can be no doubt that the intended program is the most simple and most radical solution. If absolute secrecy could be guaranteed, all scruples—regardless of what nature—could be overcome. But I consider maintaining secrecy impossible. Experience has taught that this assumption is true. Should these sick persons, having been brought, as planned, to the old Reich supposedly to be treated or healed, actually never return, the relatives of these sick persons in spite of the greatest secrecy would some day notice “that something was not quite right”. One must take into consideration that there are many Polish workers in the old Reich who will inquire as to the whereabouts of their relatives; that there are a certain number of Germans related to or allied by marriage with Poles who could in this way learn of the transports of the sick. Very soon more definite news of this program would leak out which would be taken up by enemy propaganda. The Euthanasia Program taught in which manner this was done and which methods were used. This new program could be used better politically, as it concerns persons of a subjugated nation. The Church will not remain silent either. Nor will people stop at discussing this program. Certain interested circles will spread the rumor among the people that similar methods are also to be used in the future for German consumptives—even, that one can count on more or less all incurably ill being done away with in the future. In connection with this I recall the recurring recent foreign broadcast in connection with the appointment of Professor Brandt as commissioner general spreading the news that he was ordered to attend as little as possible to the healing of the seriously sick, but all the more to healing the less sick. And there are more than enough people who listen to illegal broadcasts.
Furthermore, it is to be taken into consideration that the planned proceeding will provide excellent propaganda material for our enemies, not only as regards the Italian physicians and scientists, but also as regards all the Italian people in consequence of their strong Catholic ties. It is also beyond all doubt that the enemy will mobilize all the physicians of the world. And this will be all the more easy as the general age-old conception of medical duty practice is “to keep alive the poor and guiltless patient as long as possible and to allay his suffering.”
Therefore, I think it necessary to explain all these points of view to the Fuehrer before undertaking the program, as, in my opinion, he is the only one able to view the entire complex and to come to a decision.
Should the Fuehrer decline the radical solution, preparations for another way must be made. An exclusive settlement of all Polish consumptives, both incurable and curable, would be one possibility of assuring an isolation of the infected. One could settle with them their immediate relatives, if they so desire, so that nursing and livelihood would be assured. As regards labor commitment, besides agriculture and forestry certain branches of industry could be developed in such territories. I cannot judge whether you can conceive such a possibility within your Gau. I also could imagine the creation of a common area for the settlement of the consumptives not only of your Gau, but also of the districts of Danzig-West Prussia, of the administrative district of Zichenau and of the province of Upper Silesia. In order to avoid unnecessary overtaxing of public means of transport, the transfer could be accomplished by walking. This would be a solution that world propaganda could hardly use against us, and one, on the other hand, that would not arouse any of those stupid rumors in our own country.
Another solution to be taken into consideration would be a strict isolation of all the infectious and incurable consumptives, without exception, in nursing establishments. This solution would lead to the comparatively rapid death of the sick. With the necessary addition of Polish doctors and nursing personnel, the character of a pure death camp would be somewhat mitigated.
The following Polish accommodation possibilities are at present available in your Gau:
Nursing Home Walrode 400 beds Nursing Home “Grote Wiese” 300 beds Smaller establishments 200 beds Liebstadt barracks, district of Leslau as of 1 Jan 1943 1,000 beds ————— Total 1,900 beds
Should the radical solution, i. e., proposal No. 1, be out of question, the necessary conditions for proposals 2 or 3 must be created.
We must keep in mind the conditions of the war deprive us of the possibility of arranging for a fairly adequate treatment of the curable consumptives. To do so would require procuring at least 10,000 more beds. This figure, under the condition that the program is to be carried out within half a year, could not be met.
After a proper examination of all these considerations and circumstances, the creation of a reservation, such as the reservations for lepers, seems to be the most practicable solution. Such a reservation should be able to be created in the shortest time by means of the necessary settlement. Within the reservation one could easily set up conditions for the strict isolation of the strongly contagious.
Even the case of the German consumptives represents an extremely difficult problem for the Gau. But this cannot be overcome, unless the problem of the Polish consumptives is solved at the same time.
Heil Hitler! Yours, [Signed] DR. BLOME
TRANSLATION OF DOCUMENT NO-441 PROSECUTION EXHIBIT 205
AFFIDAVIT OF DEFENDANT RUDOLF BRANDT, 24 OCTOBER 1946, CONCERNING THE PLAN TO EXTERMINATE TUBERCULAR POLISH NATIONALS
I, Rudolf Emil Hermann Brandt, being duly sworn, depose and state:
1. I am the same Rudolf Brandt who on 30 August 1946 swore an affidavit concerning certain low-pressure experiments which were also conducted with test subjects of the Dachau concentration camp without their consent.
2. I am entitled by the same reasons as already stated in paragraphs 1, 2, and 3 of my affidavit of 30 August 1946 to state as follows:
3. In the middle of 1942 the Reich Governor of the Warthegau, Herbert [Arthur(?)] Greiser, suggested to Himmler to annihilate Poles infected with incurable tuberculosis. In submitting this suggestion, Greiser gave as a reason that the Germans in Poland would be exposed to this epidemic. Dr. Kurt Blome, Deputy Chief of the Main Office for Public Health of the NSDAP, and radiologist Dr. Hohlfelder conferred with Greiser about this matter. Dr. Blome was from time to time with Himmler and supported Greiser’s suggestion.
4. The Higher SS and Police Leader, and Chief of the Warthegau, Koppe, further, Mueller of Office IV of the Reich Security Main Office (RSHA), and the Chief of the Reich Security Main Office, Heydrich, were involved in this operation. At the end of 1942 and the beginning of 1943 Greiser carried out the annihilation of the Jews in the Warthegau, and the rounding up of the tubercular Poles was finished at the same time as the rounding up of the Jews. As a result of the suggestions made by Blome and Greiser numerous Poles were exterminated. Many thousands of tubercular Poles were taken to isolation camps where they had to take care of themselves.
I have read the above affidavit in the German language, consisting of one page, and it is true and correct to the best of my knowledge and belief. I was given the opportunity to make changes and corrections in the above affidavit. This affidavit was given by me freely and voluntarily without promise of reward, and I was subjected to no threat or duress of any kind.
Nuernberg, 24 October 1946 [Signature] R. BRANDT
TRANSLATION OF DOCUMENT NO-246 PROSECUTION EXHIBIT 196
LETTER FROM GREISER TO HIMMLER, 1 MAY 1942, CONCERNING THE PLAN FOR MASS EXTERMINATION OF TUBERCULAR POLES
Reich Governor of the Reichsgau Wartheland.
Poznan, Schlossfreiheit 13, 1 May 1942 Telephone No. 1823 24
[Handwritten note] P 802/42
Top Secret
Personal. To the Reich Leader SS Heinrich Himmler, Fuehrer Headquarters.
Reich Leader,
The special treatment [Sonderbehandlung] of about 100,000 Jews in the territory of my district [Gau], approved by you in agreement with the Chief of the Reich Security Main Office, SS Obergruppenfuehrer Heydrich, can be completed within the next 2-3 months. I ask you for permission to rescue the district immediately after the measures taken against the Jews, from a menace which is increasing week by week, and use the existing and efficient special commandos for that purpose.
There are about 230,000 people of Polish nationality in my district, who were diagnosed to suffer from tuberculosis. The number of persons infected with open tuberculosis is estimated at about 35,000. This fact has led in an increasingly frightening measure to the infection of Germans who came to the Warthegau perfectly healthy. In particular, reports are received with ever-increasing effect of German children in danger of infection. A considerable number of well-known leading men, especially of the police, have been infected lately and are not available for the war effort because of the necessary medical treatment. The ever-increasing risks were also recognized and appreciated by the deputy of the Reich Leader for Public Health [Reichsgesundheitsfuehrer], Comrade Professor Dr. Blome, as well as by the leader of your X-ray battalion, SS Standartenfuehrer Prof. Dr. Hohlfelder.
Though in Germany proper it is not possible to take appropriate draconic steps against this public plague, I think I could take responsibility for my suggestion to have cases of open tuberculosis exterminated among the Polish race here in the Warthegau. Of course only a Pole should be handed over to such an action who is not only suffering from open tuberculosis, but whose incurability is proved and certified by a public health officer.
Considering the urgency of this project I ask for your approval in principle as soon as possible. This would enable us to make the preparations with all necessary precautions now to get the action against the Poles suffering from open tuberculosis under way, while the action against the Jews is in its closing stages.
Heil Hitler! [Signature] GREISER
PARTIAL TRANSLATION OF DOCUMENT BLOME 14 BLOME DEFENSE EXHIBIT 6
EXTRACTS FROM A REPORT ON THE GERMAN TUBERCULOSIS CONFERENCE OF 18 TO 20 MARCH 1937, AT WIESBADEN
(Published in Berlin, Publishers: Julius Springer, 1937)
Extract from the report by Dr. Erwin Dorn, chief physician of the Charlottenhoehe Sanatorium, chief physician of the Tuberculosis Welfare Center of the Oberamt Neuenbuerg, Calmbach (Wuerttemberg) concerning Task and Aims of the Method of Treatment and its Application in Consideration of the Awaited Special Laws for the Tubercular Patients
* * * * *
[Page 770]
In former years, particularly at the beginning of this century, every attempt at a labor treatment of tubercular patients was condemned as useless, as only a limited treatment was known. On the other hand, in countries such as Holland, England, and Switzerland, where treatment lasting many months is possible, labor treatment was firmly established. We all know that several months are frequently needed in order to effect a change by the conservative or radical treatment. Our surgical patients (plastics, plugging, bilateral pneumothorax, premicectory) also require a long time until the severe stage of tuberculosis has been alleviated, and until they themselves again reach full working capacity. In a similar manner to those treated conservatively, these patients frequently remain contagious for the rest of their lives. In the sanatorium they are superfluous, in every day life, useless. But they should not be regarded as wholly incapacitated for years.
The aim of the labor treatment for active tubercular people is to fill this gap between the remedial treatment and full working capacity. It should be carried out in a work-sanatorium or a settlement.
Various conditions are necessary to enable tubercular persons with only a limited working capacity to derive satisfaction from their work. The right type of work must be provided for them; the work periods must be graduated according to the amount of work they can handle, and it must be suited to their capabilities and to what they did in their former life.
The place of work and the tools should be satisfactory. At a work-sanatorium, in favorable climatic surroundings, these requirements are best met if the patients are assigned to factory work. * * *
* * * * *
[Page 772]
In my last year’s report on the forced treatment of tuberculosis patients, I showed that a patient suffering from open tuberculosis should remain in a work-sanatorium or settlement until the disease no longer presents a peril to himself and to his fellow men.
PARTIAL TRANSLATION OF DOCUMENT BLOME 1 BLOME DEFENSE EXHIBIT 8
EXTRACTS FROM THE AFFIDAVIT OF DR. OSKAR GUNDERMANN, 28 DECEMBER 1946, STATING THAT BLOME OPPOSED THE PLAN TO EXTERMINATE TUBERCULAR POLES AND THAT THE PLAN WAS NEVER CARRIED OUT
* * * * *
From the summer of 1940 on I was chief medical officer in the department of the Reich Governor in Poznan.
The frequency of tuberculosis in the region of the Wartheland, at one time incorporated into the Reich, was, according to statistics recorded before 1939—at the time of the Polish Health Administration—considerably higher than in the German Reich. When the administration was taken over, no modern welfare service for tuberculosis for the whole region existed. Among other things, there were insufficient beds to effect a successful treatment and the isolation of tuberculosis patients. The estimates made from the statistical material of infectious tuberculosis cases amounted to a round figure of 20,000 to 25,000 people of the Polish population. To check this tuberculosis epidemic, the authorities immediately began building 40 health offices with modern welfare centers, as well as sanatoria and isolation homes with approximately 2,500 beds for Germans and Poles (the latter under Polish medical direction with Polish doctors and Polish nursing staff), and these were speedily finished. These measures by the office of the Reich Governor were supported by the superior Reich authority (Health Section of the Reich Ministry of the Interior).
Since the above institutions were able to check the spreading of the tuberculosis epidemic to a certain degree, but particularly owing to the increasing difficulties arising from the war, they were not able to get the urgently needed sanitary measures running effectively, all the medical officers of the Wartheland untiringly continued to warn their superiors and heads of departments urgently of the danger.
The whole affair took an unexpected turn in the autumn of 1942, because the Gauleiter and Reich Governor Greiser supposedly said that in case of necessity he would stop at nothing to check the tuberculosis epidemic effectively in the Wartheland in the interest of the entire population.
* * * * *
I thought it my duty to talk personally to the head of the Department of Health in the Reich Ministry of the Interior and the Reich Health Leader, Dr. Conti, in Berlin, about this matter and the entire tuberculosis problem.
* * * * *
As I was unable to get a clear answer from Dr. Conti and could not be satisfied with such information as I received, I immediately called on the Deputy Reich Health Leader, Dr. Blome. I knew that he dealt with special questions concerning tuberculosis in the Reich Health Leader’s office. From the beginning Blome showed a clearly negative attitude toward any possible solution contrary to humanity or medical ethics. He showed me the draft of a letter addressed to Greiser; I asked him to make a few additions and alterations.
We discussed the formulation of the letter in detail from the point of view of convincing Greiser that an intensive continuation of the health and welfare measures so far taken, and a further extension of the health program set up for the fight against tuberculosis could effectively avert the acute dangers. The suggestion for a large tuberculosis settlement was particularly discussed. This plan was based on smaller examples, and its final aim was the establishment of a widely spread, but nevertheless closed settlement for tuberculosis patients and their families. In this settlement, all modern examination, treatment, isolation, and welfare facilities should be provided for the patients and members of their families who might be in danger.
* * * * *
Dr. Blome and I having agreed on the tactics to be taken toward Greiser and on the contents of the said letter, Dr. Blome began, in my presence, to dictate the draft of a new letter.
* * * * *
I concluded that the letter from Dr. Blome to Gauleiter Greiser was successful, mainly from the development in the fight against tuberculosis in the Wartheland. The regulation about tuberculosis relief having become effective for the whole Reich territory on 1 April 1943, a similar regulation for protection against tuberculosis could be decreed in the Wartheland in favor of the Polish population. A central office for the fight against tuberculosis was established under the management of a specialist. This office gave the same treatment to German and to Polish cases.
* * * * *
During my period in office as chief medical officer in Poznan, until January 1945, no tuberculosis patients were “liquidated” in the Wartheland as far as I know. I never received an order for such a measure, much less brought one about either directly or indirectly. On the contrary, the office always tried to give all tuberculosis patients proper treatment.
* * * * *
EXTRACT FROM THE TESTIMONY OF DEFENDANT BLOME[91]
DIRECT EXAMINATION
* * * * *
DR. SAUTER: Now, Witness, I come to a different problem. It is the suggestion made at that time that Poles suffering from incurable contagious tuberculosis should be liquidated. You were interrogated in January 1946 at Oberursel concerning your participation in the plan for the extermination of tubercular Poles, and also on 9 and 22 October 1946 here in the prison. Were the statements you made at that time true?
DEFENDANT BLOME: Yes. But I must add that concerning this matter of the tubercular Poles, as far as I recall, I said it was in 1943, while in reality, as the files now show, it took place in 1942. I must also say that my letter to Greiser in November 1942 has been shown to me here. I was asked whether this was my letter, whether I had written this letter. I said “No.” I said that because it was not a photostatic copy of the original, but a photostatic copy of a copy. I objected to several things in the letter and did not acknowledge it at that time. They were external matters which occasioned me to make that statement. Later, however, in December, when you took over my case, you gave me this photostatic copy, and I had an opportunity to study it carefully and reconstruct the conditions which existed at the time and, therefore, I now acknowledge this letter as authentic.
Q. It is true, Dr. Blome, that the prosecution learned for the first time of this plan to exterminate the Poles through you? Dr. Blome, what can you say about that?
A. Yes. The prosecution learned from me for the first time of this plan. In 1942 I told my interrogator Captain Urbach at Oberursel about it, after he had described the details of the atrocities which I had not known up to that time.
Q. You just said 1942.
A. I meant 1945. I meant December 1945. I beg your pardon. I do not believe that the prosecution had any knowledge of this, at least not at Oberursel.
Q. Dr. Blome, this whole matter begins with a letter from the Reich Governor Greiser dated 1 May 1942. (NO-246, Pros. Ex. 196.) Tell us briefly who Greiser was.
A. This was Arthur Greiser, Gauleiter of the Warthegau, the Reich Governor of the Wartheland, and the Reich Defense Commissioner of the Wartheland.
Q. This Gauleiter Greiser, who was a Gauleiter in a district which now belongs to Poland, sent a letter on May 1st to the Reich Leader SS suggesting that Poles suffering from tuberculosis in the Wartheland should be liquidated if the existence of open tuberculosis and the incurability of the patients were established by official doctors. In this connection Greiser writes and (this is what I want to ask you about) I quote, “The increasing dangers were also recognized and appreciated by Deputy Reich Leader of Public Health, Dr. Blome, as well as by the Leader of your X-ray unit, SS Standartenfuehrer, Dr. Hohlfelder.” That is the quotation. What can you tell us today about these apparently early discussions between you and Gauleiter Greiser?
A. I talked to Gauleiter Greiser about three times, concerning the combating of tuberculosis in Wartheland, certainly once in the presence of Professor Hohlfelder. These discussions go back to the year 1941. I can recall Greiser once saying that the simplest thing would be to treat the incurable tubercular Poles exactly like the insane by means of euthanasia. I pointed out that the comparison was not valid. The Poles, I also said, were not German citizens. The plan which Greiser was considering was a radical solution but I could not agree to it. When sometime later I learned of the so-called Fuehrer order, according to which the euthanasia action was stopped and prohibited, I considered this matter and Greiser’s statement as settled. Then the year 1942 was filled with purely organizational preparation for the tuberculosis action. For example, all the population had to be registered in card index files, Germans as well as Poles; preparations had to be made for a series of X-ray examinations. Then these examinations had to be evaluated, and so on. The latter was a matter for the state health offices, that is the National Socialist welfare organization, and the X-ray unit which was to carry out the technical side of these examinations. From time to time I had a report from Professor Hohlfelder about the preparations. Only when all prerequisites were fulfilled, did I give my approval for such large scale action. The execution of this action was dependent upon my personal approval. I only took action in this tuberculosis question in the Warthegau when I received alarming reports about an alleged liquidation order from Himmler. I learned of it because at the beginning of November Sturmbannfuehrer Perwitschky came to my office in Berlin and reported to me that Greiser had an order from Himmler to the effect that incurably sick cases of tuberculosis found during the planned examinations in the Wartheland were to be liquidated. Perwitschky belonged to the X-ray unit and was business manager for the society combating tuberculosis. Then I immediately reached an agreement with Perwitschky that I would meet Professor Hohlfelder at Poznan to discuss the matter and to prevent Himmler’s and Greiser’s plans from being carried out. I went to Poznan and discussed the matter with Hohlfelder. We were both greatly astonished at this order from Himmler. We agreed that this order must not be carried out, and that we as German doctors could not lend our aid to such an action. We discussed the manner in which this Himmler-Greiser plan could be prevented. We decided that I should go to Greiser first of all. I telephoned Greiser from this conference and said that it was very important that I should speak to him. Then I talked to him on the same day, or on the next day. When I asked Greiser whether Himmler’s orders for liquidating were correct, he said “Yes.” He said he had the order in his hands. I said that I was willing to prevent this plan in any case and explained why. I said that in the first place as a doctor I could not participate in this and, in the second place, I pointed out the political danger connected with such a crime.
Then Greiser agreed that I should write a letter for him which he would pass on to Himmler for a decision. As for Greiser’s letter to Himmler of May 1942 (NO-246, Pros. Ex. 196) which you just mentioned, Dr. Sauter, I learned of it for the first time from files here, and Himmler’s opinion concerning my letter of November 1942 I learned of here for the first time too. Up to that time I did not know about Himmler’s letter to Greiser. In the letter of May 1942, from Greiser to Himmler, Greiser writes, I quote, “that Hohlfelder and Blome recognized the ever-increasing risks and appreciated them.” But he does not say that Hohlfelder and I approved liquidation. The letter does not say that. My basic opinion on the problem is the following: Let us suppose that we in Germany had a valid law for the liquidation of incurably sick persons. Assuming that such a law did exist, it would, of course, be out of the question to apply it to non-Germans. Application in this case would be a crime, especially during war. Germany had occupied foreign territory and, as an occupying power, had to observe international law in the treatment given to the occupied territories. As for the problem of tuberculosis, I had dealt with it for some time, especially since 1935 when I had incorporated the tuberculosis question into the post-graduate medical training. In 1937 Professor Janker, Bonn, a well-known X-ray specialist, called upon me for aid in developing a new procedure which, with a minimum of cost, would make it possible to examine large groups of the population. This was the so-called X-ray screen photography which was developed. I shall give you a brief explanation of this. Previously for an X-ray picture of the lungs, a film had been needed of 24 by 30 centimeters. This new procedure required a film of about only 4 by 4 centimeters. That is, the so-called Leica size. The pictures were taken with a Leica. The X-ray screen was photographed. The successful development of this procedure meant that for an X-ray photograph, in place of the price of from twelve to thirteen marks, which the social insurance had paid, it now could be produced for about ten pfennigs: that is, less than one percent.
The further value of the development of this process was that one would no longer need several minutes for an X-ray photograph, but this procedure was developed to such an extent that we could take two hundred to three hundred pictures per minute. I developed this screen picture process together with Janker until we reached the results which I have just described. At the X-ray Congress in May 1938 in Munich I made this process public and I stated that with its aid one could begin a large-scale fight against tuberculosis. Only a few people believed my words at the time, and some smiled pityingly. After this congress, Professor Hohlfelder, who was later commander of the X-ray unit, came to me, and working with X-ray science, the optical industry, the film industry, X-ray industry, screen industry, etc., we developed the process during the course of that same year to such an extent that in a short time we were able to X-ray practically every inhabitant in the whole province of Mecklenburg. The procedure was then gradually developed until we could easily have X-rayed ten million or more in Germany per year. Then, during the war, at my instigation, in 1939 and 1940, we X-rayed the population of the whole province of Westphalia; then in 1941, the whole province of Wuerttemberg, including Hohenzollern. Now there was the plan to X-ray the people of Wartheland. Gauleiter Greiser had approached me, because approval had to be obtained from me, and I gave such approval only if all prerequisites were given, so that the cases which were discovered could be given some medical and clinical attention. It had been our experience in these examinations that one percent new tuberculosis cases were discovered which had hitherto been completely undetected. For the Warthegau alone, with a Polish population of four and one-half millions, that would have meant forty-five thousand new cases of tuberculosis, not counting the ten thousand from among the one million German population. I had withheld my approval for such actions because at that time, with the development of this invention, a plan of irresponsible X-raying was being carried out by various Gauleiters and by large industries. Everyone wanted to take up the battle against tuberculosis but that would have been a disaster unless there had been some check. When whole groups of population were X-rayed, there had to be the necessary preparation of medical supplies from the beginning, otherwise there would have been a catastrophe. Through this action and through these many new cases of tuberculosis which were discovered, I consciously put the state in a difficult situation. I forced the state to issue a new law for the fight against tuberculosis. This law which was issued was the Tuberculosis Aid Law. This law formed the basis for the lung examination of the population of the Wartheland which was actually carried out in 1943-1944. This law, it can be proved, was not only of benefit to the German population in the Warthegau, but also to the Polish population, as is clearly seen from the affidavit of Regierungsdirektor Dr. Gundermann. (Blome 1, Blome Ex. 8.) Dr. Gundermann was the chief medical officer of the Wartheland; that is, he had the main responsibility for the fight against tuberculosis in this Gau.
Q. Dr. Blome, before we go into the letter of 18 November 1942, I should like to return to the spring of 1942. (NO-250, Pros. Ex. 203.) We just heard of a letter from Gauleiter Greiser dated May 1942, in which he suggests that Poles suffering from tuberculosis should be liquidated. He writes “that the ever-increasing risks were also recognized and appreciated by the Deputy of the Reich Leader for Public Health, Professor Dr. Blome.”
You said that Greiser does not mention that you approved the plan for the liquidation of the Poles. I would be interested to know what your attitude was at that time, in the spring of 1942, towards this plan. Did you approve of the plan to liquidate tubercular Poles? Did you reject it? What did you say about it?
A. In the spring of 1942 I expressed no opinion at all in respect to this plan. The discussions with Greiser, as I said, were in the year 1941, at the time when the euthanasia action was still in operation. In 1942 I did not talk to Greiser about such a plan at all. I did not know that Greiser intended to write this letter in May 1942 to Himmler, or that he did actually write it. I heard about it only here and after Greiser had made his statements in connection with the euthanasia action. But the euthanasia action had been stopped by Hitler’s order, and of course I assumed that such ideas on the part of Greiser were settled too. I did not approve of his ideas, as I said before.
Q. Then, if I understand you correctly, you did not deal with this matter in the fall of 1942 when this Perwitschky brought you alarming news?
A. Yes. That is right.
Q. Can you tell us why Gauleiter Greiser discussed this tuberculosis problem with you particularly?
A. The reason was, as I have already said, that the execution of such an action depended on my approval. If I had said the Warthegau was not to be X-rayed, then it would not have been X-rayed, no matter what the Gauleiter did.
Q. Dr. Blome, Gauleiter Greiser was not thinking apparently of X-raying but of liquidating. The letter of 1 May 1942, where he makes the suggestion, speaks only of liquidation. It says nothing about X-raying. I would like to find out how you became involved in this matter, and when you heard of Greiser’s plan for the first time, the plan to eliminate the tubercular Poles?
A. Of course Gauleiter Greiser was thinking of X-raying; that is essential for detecting incurable cases of tuberculosis.
Q. Then, Witness, on the 18th of November you wrote a letter. (NO-250, Pros. Ex. 203.) This is the letter which the prosecution has described as a “masterpiece of murderous intention.” Did you discuss this letter beforehand with the Reich Physician Leader, Dr. Conti?
A. No. After I had talked to Greiser I saw Conti for a short time in Berlin, or I went to see Conti to report to him about the plan and about my talk with Greiser. Dr. Conti said, “What do you want? That’s an order from the Reich Leader, that is, Himmler!” Then I told Conti what I had agreed upon with Greiser, and that I would write a letter to that effect to be sent on to Himmler. This he agreed to and also to my writing this letter. But I did not discuss the contents with Dr. Conti. I did not see any point in doing so. This statement of Conti’s showed that he knew about this plan of liquidation.
Q. Witness, this letter which you wrote to Gauleiter Greiser, in which you opposed liquidation of the Poles, did you write it by yourself or did you discuss the draft of this letter with anyone?
A. First of all I wrote the letter by myself. After I had returned to Berlin from Poznan I had to go to Munich. When I came back from Munich I wrote this letter. I made various rough drafts. It was not easy. I had discussed the general tactics with Hohlfelder according to which we would start right at the beginning of the letter by appearing to agree to the ideas, but then in the second part of the letter we would list all the political factors which might induce Himmler and the others to give up such an action. It was not easy to write such a letter. I worried about this letter a great deal until I thought I finally had a right draft.
In my preliminary interrogation an interrogator asked me something to this effect: “Why did you not simply give up your office and resign when you heard about this plan?” My answer is as follows: It would, of course, have been the simplest thing for me to take advantage of this opportunity to give up my position. Then I would have had nothing more to do with the whole matter; at least 40,000 Poles would have been murdered, and I would not be under indictment today on this charge. Please excuse me for saying this, but I must say it, when such a charge is made against me. I will try to speak as dispassionately as possible. Dr. Sauter had just said that the prosecution considers my letter a “masterpiece of murderous intention”. I now state the following: Apart from this questionable affidavit of Rudolf Brandt, the prosecution has not produced a single document to prove the murder of tubercular Poles by me. On the contrary, the prosecution has submitted Himmler’s reply dated the end of November 1942, according to which Himmler, in answer to my letter, prohibited the liquidation of the tubercular Poles, and this letter expressly says that my suggestion was to be carried out and that this matter was to be used as propaganda. In spite of that, the prosecution makes such charges as these against me. I am accused of being a murderer 10,000 times for a crime which I did not commit but which I prevented, as I can prove. I should like to say something else. The press, of course, has taken up this charge. I cannot hold that against the press. The consequence of this news, however, was that my family, my wife and my little children, are subjected to unpleasantness and even threats. Through this assertion of the prosecution, the name of Blome has been defamed in a way which it does not deserve, especially if it can be proved that I prevented the crime with which I am charged.
MR. HARDY: If it please your Honor, I object to any further comment of this type from the witness.
PRESIDING JUDGE BEALS: Objection overruled. Witness may continue.
DEFENDANT BLOME: I beg your pardon if I got rather excited. I should like to conclude my statement by saying that I hope that this case will be soon cleared up, and that then the press will be chivalrous enough to state that I not only did not commit this crime, but that I actually prevented it.
DR. SAUTER: Mr. President, I should like to discuss with the witness the letter of 18 November 1942 in which the defendant prevented the murder of the Poles. It will take some time. I believe this would be a good time to take a recess.
* * * * *
DR. SAUTER: Witness, during the morning session you explained to us among other things the new method of X-ray photography, the so-called screen photography; you stated that using this new method one could take 200 to 300 photographs per minute. Were you not wrong, didn’t you mean perhaps per hour and not per minute?
DEFENDANT BLOME: Yes, per hour.
Q. I just wanted to correct that so that it does not appear erroneously in the record. We shall continue, Witness, with the letter which we have repeatedly discussed, the letter of 18 November 1942, regarding the extermination of Poles. (NO-250, Pros. Ex. 203.) It is a letter in which you define your attitude towards the proposal made by Greiser, namely to liquidate the tubercular Poles. Do you know the contents of this letter?
A. Yes.
Q. In this letter you made certain proposals. May I ask you to tell us what suggestions you actually made in that letter? Do you need the letter for that purpose?
A. Thank you, I have it. The most suitable suggestion I considered to be my suggestion to create an area in which one could put the tubercular Poles, and I recalled the leper colonies well known throughout the world. I must emphasize that there is a considerable difference between tuberculosis and leprosy.
As I made the last draft of my letter, the leading medical officer of Warthegau was suddenly announced. It was Dr. Gundermann, the highest state medical officer of Warthegau. He reported that he had just come from Dr. Conti, and that he had heard rumors from Warthegau that tubercular Poles were to be liquidated. Dr. Conti had maintained a very evasive attitude toward him, so he had left Dr. Conti without having achieved any results and thereupon he had decided to come to me. I told him that he had come at the most suitable moment, and I explained to him the position as it had developed in the meantime. I told him of my conversation with Hohlfelder and with Greiser, and of the letter which had been decided upon. He was very pleased about it and was also pleased that I shared his attitude of rejection. I showed him my draft letter and he made a few suggestions. The number of geographical details in the letter actually originated from Gundermann. In particular, he emphasized the importance of a special settlement for tubercular Poles and recognized this as the most suitable solution. I had already heard of such suggestions, especially those arising from the tuberculosis meeting in 1937. During that meeting two well-known German tuberculosis experts, Dr. Dorn and Dr. Hein, had lectured on tuberculosis settlements. Very useful experience had been obtained from such tuberculosis settlements, not only in Germany but also in England. When making my suggestion to Himmler I explained in detail how such a suggestion could be realized. In my letter I explained the tactics that were to be used, taking into consideration the mentality of people like Greiser and Himmler, and made it appear as though I wanted to agree with their liquidation program. Afterwards I cited all the political misgivings I had, naming individual examples. Then I said that in one experiment the people who were seriously ill and those who were contagious would be segregated, and that Polish physicians and Polish nursing personnel would be attached to these seriously ill patients in order to avoid the appearance of a death camp. Every physician knows, and it is also known in lay circles, that if one isolates seriously ill people, such an isolation soon comes to be considered as an isolation for death. That is why I said that the necessary Polish physicians and nursing personnel must be attached to these camps. My best suggestion I considered to be the creation of a colony for all tubercular Poles.
In particular I wished to point out the following in my letter, I said, and I quote: “I could imagine that as the Fuehrer stopped the program in the insane asylums sometime ago, he might at this moment consider ’special treatment’ of the incurably sick as unsuitable, and unwise from a political point of view.” I mentioned that because Greiser’s suggestion in the year 1941 pointed to a comparison with the euthanasia action. In order, however, to be quite sure that these political misgivings also reached Hitler and that the decision did not rest mainly in Himmler’s hands, I sent a copy of my letter direct to Martin Bormann.[92] I furthermore want to point out the following matter. I said: “I consider any secrecy completely impossible.” In this connection, I should like to refer to a letter concerning a different action, namely the letter from the Deputy Gauleiter of the Lower Danube, dated 1942, which suggests experiments on the sterilization of national groups such as gypsies. In this letter, contrary to my letter, completely different tactics are used. The Deputy Gauleiter of the Lower Danube stated that one must keep such an action very secret, because otherwise it would have serious consequences from the point of view of the state.
MR. HARDY: Is it the intention of the defendant to put the letter he is referring to in as evidence, or is he merely quoting from his own letter?
PRESIDING JUDGE BEALS: Can counsel for the defendant Blome advise the Tribunal on that point?
DR. SAUTER: This is a letter which has already been used by the prosecution and thus came to the knowledge of the defendant. Therefore he can quote it. It is certainly not necessary to submit this letter once more.
PRESIDING JUDGE BEALS: Would counsel please identify the letter, the exhibit number, and where it may be found?
DR. SAUTER: One moment, please. Mr. President, this letter was submitted by the prosecution concerning sterilization experiments. It was submitted as Document NO-039—I repeat NO-039—Prosecution Exhibit 153. It is a letter from the Deputy Gauleiter of the Lower Danube district addressed to Reich Leader SS Himmler dated 24 August 1942. This letter was already submitted by the prosecution.
* * * * *
DR. SAUTER: Doctor, will you please finish your answer?
DEFENDANT BLOME: In this letter the Deputy Gauleiter of the Lower Danube district writes to Himmler, and I quote:
“We are quite clear about the fact that such examination must be considered as an absolute state secret.”
That is exactly contrary to the tactics which I used. I say “I think that any secrecy is quite impossible,” and I give detailed reasons for this. I will merely give you a short excerpt from my letter. I point out how many Polish workers there are in the German Reich, and that there would be questions from their relatives about their whereabouts. Then I indicate the number of Germans who are related to these Poles. I also mention that, in the case of the Poles, we are concerned with members of a conquered nation. I further point out that certain circles would spread rumors among the population to the effect that similar methods would be used in the case of German tubercular patients in the future. I further show that in connection with the appointment of Professor Brandt as Commissioner General, foreign broadcasts spread reports that Brandt was no longer concerned with the rehabilitation of seriously wounded people, but only with those people who had been slightly wounded. I refer to the reaction which would result in the case of such a crime on the part of the Italian physicians and scientists as well as the entire Italian population. I furthermore refer to the Church, and I then say and quote: “Therefore, I think it is necessary to explain all these points of view to the Fuehrer before undertaking the program.”
With reference to my suggestion for a kind of reservation, I say in the last paragraph of my letter, and I quote: “After a proper examination of all these considerations and circumstances, the creation of a reservation such as the lepers colonies seems to be the most practical solution.”
Before that I had suggested that these tubercular settlements should be arranged in such a manner that relations who were willing could also be settled there. In this way in addition to the necessary nursing personnel and the necessary Polish physicians, the necessary medical care would be safeguarded.
Q. Witness, you previously referred to your suggestions, and you spoke about a congress on tuberculosis questions in which you participated.
DR. SAUTER: Mr. President, I have an excerpt from the record of this tuberculosis congress. It is a report on the Third International Congress. It is a report on the proceedings of the German Tuberculosis Conference dated 18 to 20 March 1937, which took place at Wiesbaden. Two speeches are reproduced here in excerpt form.
PRESIDING JUDGE BEALS: Counsel, this document is found in supplemental documents?
DR. SAUTER: Yes, in the supplemental volume. In this report a paper by two well-known German tuberculosis experts is mentioned, a Dr. Erwin Dorn, who was the chief physician of a sanatorium for chest diseases at Charlottenhoehe, and a certain Dr. Joachim Hein, who was the director of a sanatorium for chest diseases in Holstein. I am not going to read these papers in detail, but I beg the Tribunal to take judicial notice of them. I submitted these reports of the conference in order to show that the same suggestions which this defendant, Dr. Blome, made in 1942 when writing to Gauleiter Greiser, are also contained here in the year 1937, and were made during the German Tuberculosis Conference. These proposals did not concern foreign tubercular persons, but German tubercular persons.
PRESIDING JUDGE BEALS: Does counsel offer this document into evidence?
DR. SAUTER: It will become exhibit 6, Blome Exhibit 6. Witness, in this letter of 18 December 1942, about which we are speaking now, you really dealt with three proposals: (1) special treatment for the seriously ill persons; (2) most rigorous isolation of the seriously ill persons—that is to say, separation from the outside world; and (3) the creation of a reservation area for all tubercular patients in Poland. Now when reading your letter, one gains the impression—at least one might gain the impression—that you were speaking in favor of your first suggestion in the first part of your letter, namely, the “special treatment” of the seriously ill, which is to say their liquidation as was suggested and desired by Himmler and Greiser.
My question is: Why did you not simply state very frankly in your letter of 18 November 1942 that this liquidation of the incurably ill tubercular Poles, as suggested by Greiser and Himmler, was a crime; that it could under no circumstances be permitted, and that you, Dr. Blome, would have nothing to do with any such proposal? Why did you not write to Greiser on those lines at that time?
DEFENDANT BLOME: I think that I already defined my attitude towards that question very briefly this morning, and I state again, I would have preferred merely to have pointed out the criminal aspects of this proposal in my letter, but I knew the mentality of these men, and it was quite clear to me that the expression of any such point of view could only have had a negative result. In doing that I would not have saved myself, and much less 30,000 tubercular Poles—they would actually have then been liquidated. If I had not wanted to present my true point of view frankly, I would not have had to think for days about the letter; it would only have been a matter of five or ten minutes. I would just have had to dictate the letter and mail it. I had, however, realized, and it was also the opinion of Professor Hohlfelder, that I would have to make it appear as if I agreed to the plan if I wanted to have any success with my counterproposals. I was convinced that the mention of all the political aspects which might involve danger would be the only effective weapon. The success of my procedure quite clearly speaks for the correctness of my tactics. Yes, Himmler really wanted to carry out this proposal I had made and he wanted to exploit it as propaganda; that is clearly stated in Himmler’s letter to Greiser, dated the end of November 1942. The documentary value of my letter can be seen only in the following: It shows, firstly, that during that period of brutal thinking, men like Himmler had no time for any considerations of a humane nature; secondly, only by a clear and definite statement on my part could the crime of the murder of 10,000 Poles be prevented, and I was only concerned with that result.
Q. Witness, the suggestion which you made in your letter was that under No. 2: the most rigorous isolation of the seriously ill persons. With reference to this suggestion, the prosecution considers that during the meeting of 19 December you had the idea of sending these tubercular patients to institutions and I quote: “That opinion was voiced because then the comparatively quick death of these patients would ensue in these institutions.”
Was that really your intention, and did you think of any such possibility at that time, that is, when you made the suggestion?
A. On the contrary I cannot recognize the evidence of the prosecution regarding that point as being logical. Had it been my intention to let the patients die, I would not have demanded that they be given the necessary physicians and nursing personnel. In addition, I want to refer to my former testimony on this point.
Q. The other suggestion you made at that time and which is listed under No. 3 of your letter is the creation of a reservation for all tubercular patients. During the same meeting of 19 December the prosecution said with reference to that proposal, and I quote:
“With this plan, that is, to send all patients into a reservation and thereby isolate them from the rest of the population, you, Dr. Blome, wanted to cause these sick Poles to be left to their fate with very few doctors and scanty nursing personnel. The aim of liquidating these Poles was to be realized in this way.”
What do you have to say, Dr. Blome, to this motive which the prosecution imputes to you?
A. This motive is not correct. The contrary can clearly be seen from my letter. In that connection I may refer to my previous explanation regarding my letter. Furthermore, I refer to the affidavit of Dr. Gundermann. (Blome 1, Blome Ex. 8.) My interest was exactly the contrary to what the prosecution tries to impute to me, for I was planning the very same thing for Germany after the war. If I had been able to carry through such an action, and had been able to show success in that action, it would have been easier for me later on to refer to the plans mentioned during the Tuberculosis Congress of 1937 by pointing out the success I had achieved in the Warthegau. Even today I realize that until we are able to bring about really effective medical treatment, or vaccination against the spread of tuberculosis, the only really practicable and effective solution is the creation of such settlement areas or reservations.
Q. Dr. Blome, from your book, entitled “Physician in Combat”, which has been submitted in evidence in its entirety as Blome Exhibit 1, it can be seen that for quite a long time you had waged war against tuberculosis. Can you tell us on the basis of your experiences whether these proposals which you made in your letter of 18 December 1942—that is, either housing the sick in tuberculosis institutions, or placing the consumptives in a reservation area—whether these suggestions were completely different from the manner of combating tuberculosis as practiced in various foreign countries up to that time, or, if not tuberculosis, other infectious diseases of the same importance as tuberculosis?
A. Naturally the plan to set up a tuberculosis settlement on a large scale does not represent anything absolutely new, because, as can be seen from the documents submitted regarding the Tuberculosis Congress, such tuberculosis settlements had existed in England and Holland in addition to Germany, with good results; but, on the other hand, the realization of this settlement idea would make an enormous difference to fight against tuberculosis generally. The war difficulties that existed in 1942 and 1943 did not permit this plan to be realized as suggested by me for the Warthegau. The fight against tuberculosis continued, however, in the usual way, as far as it was possible during the war, and as it was dealt with throughout the Reich for Germans as well.
In other countries, other experiments were made. For instance in the year 1935 certain well-known people in the city of Detroit, in America, made a large-scale experiment for the combat of tuberculosis. After preparations were made the entire population of Detroit was asked, by means of enormous propaganda by press and radio, to submit to an examination for tuberculosis, in order to find out the source of the infection. The city of Detroit had made the necessary facilities available for carrying out the examination and a certain success was obtained. In particular, nearly the whole of the colored population of Detroit reported for these examinations, whereas the American press, on the other hand, complained that this was not fully the case with the white population.
This action started in 1936 and was continued in 1937. I could not hear anything about the ultimate results because the war had started. All actions such as that action in Detroit, and small settlements in the form of little villages for consumptives, will not solve the entire problem unless done on a large scale. There is no doubt that the problem of tuberculosis has not been tackled on a large scale in the world today. The sole reason for that is that tuberculosis cannot be compared with any other contagious disease such as diphtheria, cholera, typhoid. These epidemics have a shorter course and quickly claim their victims. If that had been the case with tuberculosis the fight against it would have progressed much farther throughout the world. The tragic thing in that problem is the manner of the disease itself, the slow tricky course. That is why, in my opinion, there are nowhere in the world laws which definitely secure the isolation of infectious tubercular subjects, although such plans are being considered at all congresses dealing with tuberculosis all over the world. As far as I know nobody has made a decisive step, and I think the sole reason lies in the slow tricky course of tuberculosis, in spite of the fact that tuberculosis is regarded as having the second highest mortality of all diseases.
Q. In addition to that letter of 18 December 1942 about which we are speaking now, did you take any more steps to frustrate the plan of Greiser, namely, to liquidate all tubercular Poles, and in particular did you turn to Hitler or Himmler personally in that matter?
A. No. I did not speak to Hitler at all throughout the entire war.
Q. How about Himmler?
A. I spoke to Himmler on various occasions, but that was about one year later. At that time I had as yet no official relations with Himmler, and I did not know him. Had this happened one year later, when I already had official contact with Himmler, and had I known him better, I would not have written a letter; I would have approached Himmler personally and would have been able to frustrate the action without having to write a letter. Having written this letter I received a report through Greiser very shortly afterwards to the effect that Himmler had withdrawn his order, and that settled the affair as far as I was concerned. I was only informed that everything was handled in an orderly and legal manner in the Warthegau as regards the examination and the registration of tubercular persons.
Q. Who told you that this plan had been withdrawn on the basis of your suggestion?
A. I heard it from Hohlfelder as well as from Perwitschky.
Q. These were the two men—
A. Hohlfelder was the commanding officer of the X-ray unit, and Perwitschky was the business manager of the association for combating tuberculosis.
Q. Did you find out how the rejection of this plan really came about, and, in particular, do you know that when Greiser’s letter was shown to him Himmler said that Hitler himself had to decide, and that Hitler himself actually did decide that this plan was to be rejected for the reasons which you, Dr. Blome, stated in your letter to Greiser? Did you hear about that later?
A. At that time I only learned from Professor Hohlfelder and Perwitschky that the reasons stated in my letter had moved Hitler to withdraw his order. I only heard of Himmler’s letter here in this courtroom, through the documents, and I am, therefore, very grateful to the prosecution for not having withheld this letter from me.
Q. Witness, when you say that this plan of Greiser’s was frustrated because of you, I must remind you of what the prosecution said here on 9 December in this courtroom. The prosecution said at that time, “We shall introduce evidence to show that the program was in fact carried out at the end of 1942 and the beginning of 1943 * * *.” And by that, the program for the liquidation of the tubercular Poles was meant. Further, “that as a result of the suggestions made by Blome and Greiser, many Poles were ruthlessly exterminated and that others were taken to isolated camps, utterly lacking in medical facilities where thousands of them died.” These were statements made by prosecution. I must again ask you very definitely, did you at any time later hear that on the basis of these proposals tubercular Poles were, in effect, exterminated?
A. No. The assertions of the prosecution are not true. Nothing happened to one Pole within the framework of this tubercular action in the Warthegau. On the contrary they received decent medical treatment.
* * * * *
-----
[89] Trial of the Major War Criminals, vol. I, pp. 247-253, Nuremberg, 1947.
[90] Final plea is recorded in mimeographed transcript, 16 July 47, pp. 10972-10994.
[91] Complete testimony is recorded in mimeographed transcript, 13, 14, 17, 18, 19, 20, 21 March 1947, pp. 4450-4812.
[92] Defendant (in absentia) before International Military Tribunal. See Trial of the Major War Criminals, Vols. I-XLII, Nuremberg, 1947.
D. Euthanasia
a. Introduction
The defendants Karl Brandt, Blome, Brack, and Hoven were charged with participation in and responsibility for the execution of the so-called “Euthanasia Program” in the course of which hundreds of thousands of human beings, including nationals of German occupied countries, were murdered (pars. 9 and 14 of the indictment). On this charge the defendants Karl Brandt, Brack, and Hoven were convicted, and the defendant Blome was acquitted.
The prosecution’s summation of the evidence on euthanasia is contained in its closing briefs against the defendants Karl Brandt and Brack. Extracts from these briefs are set forth below on pages 795 to 813. A corresponding summation of the evidence by the defense on this program has been selected from the closing brief for the defendant Karl Brandt and from the final plea for the defendant Brack. It appears below on pages 813 to 839. This argumentation is followed by selections from the evidence on pages 842 to 896.
b. Selections from the Argumentation of the Prosecution
_EXTRACTS FROM THE CLOSING BRIEF AGAINST THE DEFENDANT KARL BRANDT_
* * * * *
The Euthanasia Program
A. Procedure
On 1 September 1939 Hitler charged the defendant Karl Brandt and Reichsleiter Bouhler with the execution of the Euthanasia Program. The letter of appointment stated:
“Reichsleiter Bouhler and Dr. Brandt, M. D., are charged with the responsibility of enlarging the authority of certain physicians to be designated by name in such a manner that persons who, according to human judgment, are incurable can, upon a most careful diagnosis of their condition of sickness, be accorded a mercy death.” (630-PS, Pros. Ex. 330.)
This document in no way limited the application of euthanasia to insane persons but included anyone who might be designated as “incurable.”
The witness Mennecke testified that the program was carried out in the following way:
Every German mental institution received questionnaires from the Reich Ministry of the Interior which were to be completed for each inmate of the institution and to be sent back to the Reich Ministry of the Interior. Experts then had to examine the questionnaires after they had been photostated; they had to express their medical opinion on them, and had to return them, with their opinion, to the Reichsarbeitsgemeinschaft (Reich Labor Association). (Tr. pp. 1872, 1873.)
This Reichsarbeitsgemeinschaft cooperated with the “Stiftung” (Charitable Foundation for Institutional Care), and the Patients Transport Corporation. The “Stiftung” was in charge of the financial side of the program, while the Patients Transport Corporation was used when patients were moved from one institution to another in order to bring them closer to the euthanasia institutions and finally into the euthanasia institutions themselves. These three organizations, Reichsarbeitsgemeinschaft, “Stiftung,” and Patients Transport Corporation, were in fact camouflaged names for the operation of the Euthanasia Program and were under the supervision of one management. They did not work independently but together. (Tr. p. 1874.)
As to the questionnaires, three experts received photostated copies, and, independently of each other, they expressed their opinion on individual cases. Then so-called top experts expressed their opinion. A list was made up of the patients who were judged subject to euthanasia, and the patients were removed from the institution to so-called collecting points, and from there were transferred to euthanasia institutes. (Tr. pp. 1877, 1878.) Non-German nationals and Jews were subjected to euthanasia as well as Germans. (Tr. p. 1881.)
The activities of the experts were extended in the early summer of 1940 to inmates of concentration camps. A doctors commission, which consisted of doctors and officials from the Euthanasia Program, filled out the questionnaires on inmates from among those who had been preliminarily selected by the camp doctors. Numerous concentration camps were visited, some of them twice, in the period between 1940 and the end of 1941. (Tr. pp. 1882, 1883.) Dr. Mennecke, who visited a number of concentration camps to select inmates, received the orders for these activities from the top experts in the Euthanasia Program and from the defendant Brack. (Tr. p. 1882.) Announcements about these trips were made from the Berlin agency of the program to the individual concentration camps. (Tr. p. 1885.) Non-German Nationals and Jews who were inmates of concentration camps were subjected to the Euthanasia Program in extensive numbers. (Tr. p. 1887.)
Another function of the Euthanasia Program was the killing of mentally and bodily deficient children. The witness Walter Schmidt testified that the agency which handled this part of the program was called the Reich Committee for Research on Hereditary and Constitutional Severe Diseases [Reichsausschuss zur wissenschaftlichen Erfassung von erb- und anlagebedingten schweren Leiden]. The questionnaires were filled out by the health departments, the chief of children’s clinics, physicians, doctors, midwives, hospitals, etc., and reports were made to Dr. Linden’s office in Berlin. Linden was a member of the Ministry of the Interior. There a committee of chief experts, on the strength of these reports, decreed euthanasia through so-called authorizing orders in the form of a photostatic copy of the report, which had been approved in writing. These activities continued until 1944. (Tr. pp. 1833, 1834.) Schmidt himself was in charge of a special department for the killing of such deformed children. (Tr. p. 1833.)
Workers from the occupied eastern territories who had become unfit for labor were executed pursuant to the Euthanasia Program. Busses belonging to the Patients Transport Corporation, which were operated by the personnel of the Patients Transport Corporation, took these victims to the extermination center of Hadamar, where they were killed. (Tr. pp. 1842-1845; NO-1116, Pros. Ex. 415.)
This evidence on the method of carrying out the program is corroborated by the affidavit of the defendant Brack (NO-426, Pros. Ex. 160), the affidavit of Pauline Kneissler (NO-470, Pros. Ex. 332), the chart drawn by Brack (NO-253, Pros. Ex. 331), as well as numerous other documents in the record.
The evidence concerning the activities of the top experts and experts of the Euthanasia Program in the various concentration camps is corroborated by the affidavit of the camp doctor of the Dachau concentration camp, Dr. Muthig (NO-2799, Pros. Ex. 497), who states that in the fall of 1941, Professor Heyde, as leader of a commission of four psychiatrists, came to the Dachau concentration camp. This doctors commission selected inmates, unable to work, for extermination by gas. Heyde was the first top expert of the Euthanasia Program. (Tr. p. 2495.) The affidavit of Dr. Gorgass reveals that he and Dr. Schumann, both of whom were active in the Euthanasia Program, visited the Buchenwald concentration camp in June 1941. Gorgass states explicitly that the purpose of this trip was to acquaint himself with the assignment of concentration camp inmates to euthanasia institutions. This visit was made on the order of Brandt, and was transmitted by the defendant Brack. (NO-3010, Pros. Ex. 503.)
B. Non-German Nationals and Jews
Non-German nationals and Jews, who were inmates of the concentration camps, were victims of the Euthanasia Program which operated in these camps under the code name “14 f 13.” (NO-429, Pros. Ex. 281.)
A few documents submitted by the prosecution on one “14 f 13” action in Gross-Rosen show how the Euthanasia Program operated in concentration camps. The list of concentration camp inmates of the Gross-Rosen concentration camp, who were sent to the Bernburg euthanasia station for extermination, contains many names of non-German nationals and non-German Jews. (NO-158, Pros. Ex. 410.) Jews in protective custody, Poles in protective custody, Jews who were habitual criminals, Jews who were “shirkers,” Jews who “defiled the race,” Czech “shirkers,” and Czechs in protective custody were among the inmates selected by the camp physicians for “examination” by the experts. (1151-PS, Pros. Ex. 411.)
By comparing the names on the lists contained on Documents NO-158 and 1151-PS, it is proved that, of the 240 names listed for extermination in the Bernburg euthanasia station, at least 51 were of Polish or Czech nationality. How many of the Jews listed were of non-German nationality cannot be ascertained from these documents, but a substantial number of them were born in countries other than Germany, as the list contained in Document NO-158 shows, and it is therefore apparent that a further substantial number of the inmates selected for extermination were of non-German nationality. (NO-158, Pros. Ex. 410; 1151-PS, Pros. Ex. 411.)
On 17 March 1942, 70 inmates were transferred to Bernburg for extermination. (NO-1873, Pros. Ex. 556.) Of these, 27 of the non-Jewish prisoners on the transport list were of Czech or Polish nationality. Compare transport list with list of inmates originally selected in Gross-Rosen. (1151-PS, Pros. Ex. 411.) On 19 March 1942 an additional 57 inmates arrived at Bernburg from Gross-Rosen. (NO-158, Pros. Ex. 410.) Of these, 15 of the non-Jewish prisoners of the transport list were of Czech or Polish nationality. Thus, of the total of 127 inmates proved to have been sent to Bernburg in March 1942, at least 42, or one-third of the total, were non-German citizens forcibly detained in an enemy country. That all of these inmates were exterminated in Bernburg is conclusively proved by the laconic report from Gross-Rosen to the Economic and Administrative Main Office that “special treatment of 127 prisoners was concluded on 2 April 1942.” (1234-PS, Pros. Ex. 555.)
This evidence as to Action 14 f 13 is amplified by the testimony of the witnesses Neff (Tr. pp. 600-605), Kogon (Tr. pp. 1210-13), Roemhild (Tr. pp. 1634-37, 1641), and Holl (Tr. p. 1060).
Non-German nationals and Jews other than those in concentration camps were not exempt from the program, and many of them were killed. Besides the evidence cited under A above, there is ample proof that non-German nationals were subjected to extermination from the beginning of 1940 through the war. (NO-1135, Pros. Ex. 334; NO-818, Pros. Ex. 373.) Jews of German and Polish nationality and stateless Jews were also subjected to the program. (NO-1310, Pros. Ex. 337.) Polish and Russian nationals and other non-German nationals were subjected to the program. (NO-720, Pros. Ex. 366.)
The questionnaires had a space provided for “race”, being defined: German or similar blood (of German blood), Jew, Jewish mixed breed Grades 1 or 2, Negro (mixed breed). (1696-PS, Pros. Ex. 357.) This question would have been completely unnecessary if non-Germans were exempted from the program. Questionnaires had to be filled out about all patients who were not of German nationality or German related blood, indicating their race and nationality. (NO-825, Pros. Ex. 358.) These questionnaires had to be processed by the experts. (Tr. p. 1881.) Those who were active in euthanasia never received an order that non-German nationals were to be excluded from the program. (NO-817, Pros. Ex. 368.) The witnesses Mennecke (Tr. pp. 1877, 1922) and Schmidt (Tr. pp. 1860-1) also testified to this effect. Hugo Suchomel, LL. D., the highest official after the Minister in the Austrian Federal Ministry of Justice, says in his affidavit that when Brack, as representative of the defendant Brandt, gave a lecture on euthanasia in the Ministry of Justice in 1942, he enumerated, as the classes of persons who were exempted from the program, the war-wounded and persons who had become insane as a result of air attacks. Foreigners and Jews were not mentioned among the groups of persons who were excluded. (NO-2253, Pros. Ex. 557.) Brack admits having held the lecture. (Tr. p. 7589.)
As early as 1939 inmates of insane asylums in occupied Poland were killed. (3816-PS, Pros. Ex. 370.) In the autumn of 1940, funds for the evacuation of 1,558 inmates of mental institutions of East Prussia and approximately 250 to 300 insane Poles were made available by the defendant Brack, who was the administrative executive of the Euthanasia Program. As these transfers were carried out by a special detachment (Sonderkommando) of the infamous SD, which was used for special tasks, there is no doubt that these insane Poles were killed. (NO-2909, Pros. Ex. 500; NO-2911, Pros. Ex. 501.) In September 1941, an order was issued that the inmates of the insane asylums in Russia, in the occupation zone of the German Army Group “Nord,” were to be killed. (NO-1758, Pros. Ex. 444.)
Eastern workers were also dealt with. (NO-1430, Pros. Ex. 429; NO-1436, Pros. Ex. 430.) Eastern workers, who had been forcibly brought into Germany, who were no longer able to work, and who were considered a burden on the mental institutions of Germany, were brought together in a collecting institution and, unless they could be discharged in a matter of six weeks, they were exterminated under the Euthanasia Program. (NO-891, Pros. Ex. 414; NO-1116, Pros. Ex. 415.) Half-Jewish healthy children (NO-1427, Pros. Ex. 431) and adult gypsies (3882-PS, Pros. Ex. 371) were also killed.
C. Inadequate Examination and Lack of Supervision
The selection and examination of the persons who were subjected to euthanasia were criminally negligent and inadequate.
The defendant Karl Brandt testified that the doctors in the Euthanasia Program were given enormous responsibility. (Tr. p. 2425.) He, together with Bouhler, had authority over the physicians who were participating in the program. (Tr. p. 2408.) He admitted, however, that he did not make observation in, or visits to, insane asylums. He was only once in the Bethel insane asylum and visited a special clinic in Kassel. He admitted having no expert knowledge in the field of psychiatry. (Tr. p. 2470.) He, the doctor of the two persons who were charged by Hitler with the execution of euthanasia (Bouhler was not a doctor), authorized the doctors to administer euthanasia. He did not make investigations as to the medical abilities of these men. (Tr. p. 2476.) He does not know one single name of the total of ten to fifteen doctors who, according to his testimony, were charged with the execution of euthanasia. (Tr. pp. 2478-9.) Brandt testified that he only visited one of the extermination stations, Grafeneck, in 1940, one time (Tr. p. 2480), and never went to an observation station. (Tr. p. 2481.) In winter 1939-1940, however, he visited, together with the defendant Brack, Bouhler, and Conti, the euthanasia station of Brandenburg, where the first gas chamber was set up. The purpose of this visit was to observe a test experiment in which four insane persons were gassed. (Tr. pp. 7645-6.)
Victims of euthanasia were condemned to death by so-called top experts who had never so much as seen the patient. The victims were only superficially examined on the basis of questionnaires. (NO-470, Pros. Ex. 332.) Pfannmueller, an expert, received no less than 159 shipments of questionnaires, averaging between 200 and 300 questionnaires each, prior to 15 April 1941, for judgment as to life and death. (NO-1129, Pros. Ex. 354; NO-1130, Pros. Ex. 355.) Since his main occupation was that of manager of an insane asylum, his judgment of the questionnaires was only a secondary activity. In a period of 18 days, this same expert passed judgment on no less than 2,058 questionnaires. (NO-1129, Pros. Ex. 354; Tr. p. 7384.)
Questionnaires on patients who were in an asylum for as short a time as one month were filled out and formed the basis for judgment as to whether the particular inmate should be killed. (NO-825, Pros. Ex. 358.) Many of these questionnaires were inadequately completed so that it was impossible in any event to form a clear medical opinion. Experts were also exposed to pressure to induce them to give positive opinions. (Tr. p. 1881.) Unanimous opinion of the experts was not necessary to bring about a positive judgment which would condemn the patient to be killed. The dissenting opinion of one expert did not suffice to save the life of the patient. (Tr. pp. 1907-8.)
In a concentration camp 105 Aryans were “examined” by the expert Mennecke in an afternoon. The “examination” of 1,200 Jews, which consisted in the transcription of the reason for their arrest from the files to the reports, took only a few days. In a letter to his wife, Mennecke himself put the word “examination” in quotation marks. It is impossible that any kind of mental examination of the patients was carried out. (Tr. p. 1892; NO-907, Pros. Ex. 412.) In fact, these Jews were mentally and physically healthy. (Tr. p. 1893.) It was impossible for Dr. Heyde and his doctors commission, which was active in the Dachau concentration camp, to examine the great number of inmates selected in the short time they spent there. The examination consisted solely in the cursory study of personal records in the presence of the inmate. (NO-2799, Pros. Ex. 497.) Doctors Schumann and Gorgass screened approximately 100 concentration camp inmates during a one day’s visit in the Buchenwald concentration camp. (NO-3010, Pros. Ex. 503.)
It was not the degree of insanity which was the decisive factor in the decision as to whether or not the inmates should be killed, but rather their usefulness for work. The manner of employment, the value of work, if possible compared with the average performance of healthy persons, had to be carefully filled out in the questionnaires. (1696-PS, Pros. Ex. 357.) Valuable workers were not sent to euthanasia stations. (3865-PS, Pros. Ex. 365.)
Patients who had arteriosclerosis, tuberculosis, cancer, and other disabling illnesses were included in the program. (3896-PS, Pros. Ex. 372.) “Useless eaters” were starved to death. (3816-PS, Pros. Ex. 370; NO-823, Pros. Ex. 399.) Persons who no longer had any value to the state were considered “useless eaters.” It was pointed out that during the war healthy people had to give up their lives while these severely ill people continued to live, and would continue to live unless euthanasia was carried out. In addition, it was stated the lack of food and nursing personnel justified the elimination of these people. (Tr. p. 1906.) Concentration camp inmates were examined as to their capacity for work and their political reliability and were selected accordingly for euthanasia. (NO-2799, Pros. Ex. 497.) Questionnaires were completed on concentration camp inmates who were not insane. (NO-3010, Pros. Ex. 503.) Prior to 27 April 1943, Action 14 f 13 encompassed the execution not only of insane persons, but persons suffering from tuberculosis, bedridden individuals, and others unfit for manual work. (NO-1007, Pros. Ex. 413.) Only inmates who were no longer fit for work were to be brought before the examining commission. (1151-PS, Pros. Ex. 411.)
In the case of killing of children, a previous consultation with the parents or relatives did not take place. (3864-PS, Pros. Ex. 367.) The defense witness Pfannmueller testified that, after having received authorization to kill the individual child, he invited the relatives to visit the child because it was sick. However, he never notified the parents or guardians that he was going to kill the child, as this was a top secret matter. (Tr. p. 7394.) From the documents submitted by the defendant Brack, it is clear that the parents were deceived about the purpose of the transfer of the children to institutions where they were to be killed. It was the business of the medical officers to induce the parents to send their children to such institutions. To accomplish this, the parents were told that in the case of individual diseases there was a possibility of achieving certain successes with treatment. (Brack 52, Brack Ex. 43; Tr. p. 7717.) The parents were told that the best care would be taken of the child in such institutions and everything possible in the way of modern therapy would be carried out. (Brack 51, Brack Ex. 42.) From these documents it is clear that the parents and relatives were not only not asked for their consent in the case of killing of children, but were deceived in order to make the transfer to a euthanasia institution possible. A letter from the Reich Committee for Research on Hereditary and Constitutional Severe Diseases to the Eichberg Sanatorium shows on its face that, in the case of euthanasia of children, the consent of the parents was not sought. (NO-890, Pros. Ex. 443.) This evidence is corroborated by the affidavit of Dr. Suchomel. (NO-2253, Pros. Ex. 557.) The defendant Brack testified that the consent of the parents to the killing of children was an absolute prerequisite. The medical officers who made the arrangements for the transfer of the children to the killing stations were allegedly charged with the task of informing the parents and requesting their consent. This statement is in contradiction to Brack’s own documents, which clearly show what the parents really were told, as well as the top secret character of the program. The proof has further shown that Pfannmueller himself was one of the doctors who had, according to the decree of the Minister of the Interior of 18 August 1939, to report deformed and deficient children. (NO-3355, Pros. Ex. 553.) He himself testified that he never informed the parents about the fate their children had to expect. Brandt admitted that in the case of the killing of insane adults, the consent of the relatives was not requested and their opinion not heard. (Tr. pp. 2427-8.)
There is abundant proof that the German public was horrified by euthanasia and the manner of its execution. A police report stated:
“The wildest scenes imaginable are reported to have taken place, as some of these people did not board the bus voluntarily and were therefore forced to do so by the accompanying personnel. There were people who were imbeciles and feeble-minded, and were said to have other epileptic illnesses as well, and whose upkeep the state and other public bodies up till now had to provide for completely, or at least for the greater part. People went so far as to formulate and disseminate more or less the following assertion: ‘The state must be in a bad way now or it could not happen that these poor people should simply be sent to their death solely in order that the means, which until now have been used for the upkeep of these people, are made available for the prosecution of the war.’” (D-906, Pros. Ex. 376.)
D. General Extermination of the Jews
Personnel active in the Euthanasia Program also took part in the extermination of the Jews in the East from about 1941 until the liberation of the eastern territories. Some time in the second half of 1941 part of the personnel, who were until then executing the Euthanasia Program in Germany, was sent to Lublin and put at the disposal of SS Brigadefuehrer Globocnik in order to assist in the mass extermination of the Jews, which was then common knowledge in the higher circles of the NSDAP. Among the doctors who assisted in the extermination of the Jews were Drs. Eberle and Schumann, both of whom had been previously active in the Euthanasia Program in Germany. All of this Brack admitted in his pretrial affidavit:
“The order to send these men to the East could only have been given by Himmler to Brandt, possibly through Bouhler.” (NO-426, Pros. Ex. 160.)
The connection between the “Stiftung” (Charitable Foundation for Institutional Care) and the extermination camps in Lublin was also known to the lower employees of the euthanasia stations. (NO-470, Pros. Ex. 332.) The witness Gorgass stated in his affidavit that Police Captain Wirth told him, late in the summer of 1941, that he had been transferred by the Foundation for Institutional Care (which was one of the code names under which the Euthanasia Program operated) to a euthanasia institute in the Lublin area. (NO-3010, Pros. Ex. 503.) The SS judge, Dr. Morgen, who investigated the Jewish extermination program in Lublin, testified before the International Military Tribunal that Wirth, having previously carried out the task of removing the incurably insane, was a specialist in mass destruction of human beings. The office from which Wirth obtained his orders was Berlin, Tiergartenstrasse, and among the people who were connected with this operation was Blankenburg. (NO-2614, Pros. Ex. 504.) Brack admitted that Wirth was an official of the Brandenburg euthanasia station. (Tr. p. 7733.) Brandt visited Brandenburg in the winter of 1939-40. (Tr. pp. 7645-6.) The central office for the Euthanasia Program was set up in Tiergartenstrasse 4, and Blankenburg was Brack’s deputy in the Euthanasia Program. (Tr. pp. 7563 and 7707.)
The defendant Brack reported to Himmler about these activities on 23 June 1942, as follows:
“On the instructions of Reich Leader Bouhler I placed some of my men—already some time ago—at the disposal of Brigadefuehrer Globocnik to execute his special mission. On his renewed request I have now transferred additional personnel. On this occasion Brigadefuehrer Globocnik stated his opinion that the whole Jew action should be completed as quickly as possible, so that one would not get caught in the middle of it one day if some difficulties should make a stoppage of the action necessary. You yourself, Reich Leader, have already expressed your view that work should progress quickly for reasons of camouflage alone * * *.” (NO-205, Pros. Ex. 163.)
The affidavit of Kurt Gerstein, which also mentions Wirth, gives a vivid description of the terrible way in which the victims were killed by the thousands by order of Globocnik. (1553-PS, Pros. Ex. 428.)
In October 1941, Brack, the administrative head of the Euthanasia Program, forwarded plans whereby Jews who were unable to work should be exterminated by gas. He declared his readiness to send some of his assistants and especially his chemist, Kallmeyer, to the East, where the necessary gassing apparatus could be easily manufactured. Eichmann, whom Hitler had charged with the extermination of the Jews, was in agreement with these plans. Consequently, there were “no objections to doing away with those Jews who are unable to work, by means of the Brack remedy”. (NO-365, Pros. Ex. 507.)
Kallmeyer, who was charged with the manufacture of the gassing apparatus and equipment, had been trained for this task in the Euthanasia Program. Previously he had been responsible for the proper operation of the gas chambers of the different euthanasia institutions. (Tr. p. 7743.) According to Eichmann’s own estimate, four million Jews were killed in extermination institutions. (NO-2737, Pros. Ex. 505.)
E. Legality
The evidence outlined above makes it clear that the Euthanasia Program can only be described as mass murder. This Tribunal is not called upon to define with juridical nicety what a state may lawfully legislate with respect to euthanasia. The prosecution asks only that this Tribunal find, as other tribunals have already held, that there was no valid law in the Third Reich permitting euthanasia, and that the execution of persons under the guise of euthanasia, with the connivance and assistance of certain defendants in this dock, constituted the crime of murder—a war crime and a crime against humanity.
The first and foremost authority on the legality of euthanasia as practiced under the Nazis is in the judgment of the International Military Tribunal.[93]
These findings draw no distinction between German nationals executed under the program and non-German nationals. These executions are described with the word “murders” and constitute war crimes and crimes against humanity under the Charter and Control Council Law No. 10. This was one of the principal crimes which led to the judgment of guilty and the sentence of death against Frick.[94]
The Review of the Deputy Theater Judge Advocate in the case of the U. S. vs. Klein, Wahlman, et al., held at Weisbaden, Germany, from 8 October through 15 October 1945 is a clear precedent that the execution of non-German nationals pursuant to the Euthanasia Program was a crime. (NO-1116, Pros. Ex. 415.)
The defendants were there charged with the execution of some 400 persons of Polish and Russian nationality, alleged to be suffering from incurable tuberculosis, at the Hadamar euthanasia station between July 1944 and April 1945. They were not charged with murdering German nationals and that issue was not considered. After taking judicial notice of the fact that foreign laborers were pressed for service in Germany, the reviewing authority held that the killings in issue were a violation of the international laws of war and of Article 46 of The Hague Convention. Three of the seven defendants were sentenced to death.
According to German law, euthanasia was nothing other than murder. Paragraph 211 of the German Criminal Code, in its old form reads:
“Whoever kills a person willfully will be punished by death for murder if the killing was premeditated.”
In the new form, which was in effect from 4 September 1941 on, the section stated:
“The murderer will be punished by death.
“A murderer is one who kills a person out of sheer desire to murder, for the satisfaction of the sexual instincts, for covetousness or other vile motives; one who kills another maliciously or cruelly, or by publicly dangerous means, or to create the preconditions for another punishable action, or to conceal such an action.
“Certain exceptional cases where capital punishment is not appropriate will be punished by life sentence.” (NO-705.[95])
For expert commentaries on the legality of euthanasia, see NO-708 and NO-706.[96]
The defense witness Hans Lammers, a German legal expert, testified that the Hitler letter to Bouhler and Brandt was not a law, and that official legislation was necessary to legalize euthanasia. (Tr. pp. 2672-2679.) The Reich Minister of Justice, Guertner, on 24 July 1940, wrote a letter to Lammers informing him that, as the Fuehrer had refused to issue a law it was necessary to discontinue immediately the secret extermination of insane persons. (NO-832, Pros. Ex. 393.) A copy of this letter was sent to Bouhler on 27 July 1940. (NO-833, Pros. Ex. 394.)
During Brack’s lecture in the Ministry of Justice, referred to in B above, the legal authorities present were completely misinformed about the extent of the program. From the remarks of the speaker, the impression was obtained that only a very limited circle of persons, at the utmost several hundred, throughout Germany, Austria, and the Protectorate Bohemia and Moravia, would be affected. The opinion created was that only very dangerous patients and delirious maniacs who might injure themselves would be subjected to the program. (NO-2253, Pros. Ex. 557.) This obviously was done to quiet the misgivings of the persons present. Brack, when questioned as to whether, during the lecture, he gave an approximate number of persons who would be subjected to euthanasia, could or would not give any answer. Contrary to the impression created during the conference in the Ministry of Justice, the defendants Brandt and Brack now admit that about 50,000 to 60,000 people were killed in the Euthanasia Program in Germany and Austria alone. (Tr. p. 2465; Tr. p. 7610.)
Since the end of the war, German and Austrian courts have repeatedly held that the killing of persons of any nationality under the guise of euthanasia was in violation of the German Criminal Code and punishable as murder. The witnesses Schmidt and Mennecke who testified before this Tribunal had themselves been convicted by a German court for participation in the Euthanasia Program and sentenced to life imprisonment and death, respectively.
* * * * *
The Court of Assizes in Berlin, at the session on 25 March 1946, found the defendants Hilde Wernicke and Helene Wieczorek guilty of murder and sentenced them to death.
* * * * *
The Court of Appeals in the same case rejected the appeals of both, defendants. The following quotation from the findings may be of interest:
* * * * *
“It cannot be mistaken that the defendants Wernicke and Wieczorek are only the last links of a long chain, and that they are preceded by persons whose guilt is still greater.” [Emphasis added.] (NO. 447[97]).
Thus it is established that euthanasia was murder according to German law.
In connection with this question, it is again pointed out that the whole program was kept completely secret. Hitler’s letter of 1 September 1939 (Tr. p. 1516) marked “Top Secret” was never published, and the Minister of Justice received a copy of it only one year after its issuance. (630-PS, Pros. Ex. 330.) Transfers of inmates of insane asylums to euthanasia stations were allegedly carried out by the order of the Reich Defense Commissioner. (NO-1133, Pros. Ex. 335.) The officials active in the program had to sign a written oath of secrecy. (NO-1312, Pros. Ex. 338; NO-1311, Pros. Ex. 339.) The doctors who performed euthanasia were warned that they would be severely punished if they sabotaged the work. (Tr. p. 1894.) The whole program of euthanasia was to be kept secret, as they were told from the beginning that it was a top secret matter. The reason given was to avoid unrest among the population. Breach of secrecy was considered sabotage. (Tr. p. 1923.) Others had to sign a written oath binding them to secrecy. It was known that the result of breach of this oath was confinement in a concentration camp. (Tr. p. 1826.)
F. Personal Responsibility of Karl Brandt
Brandt was put in charge of the program, together with Bouhler, by the above-quoted letter of Hitler of 1 September 1939. His position as highest authority in the Euthanasia Program is outlined in the affidavit of Dr. Boehm, one of the oldest members of the NSDAP. When, in November 1940, Boehm approached Martin Bormann[98] with the request to obtain an audience with Hitler to complain about the execution of the Euthanasia Program, Bormann referred him to Brandt as the responsible authority for the execution of euthanasia. As a result, Boehm had a discussion with Brandt and when he complained, among other things, that the Euthanasia Program was not regulated by law and should not be carried out in a secret manner, Brandt admitted that the Minister of Justice, Guertner, had also urged legislation. From his conversation with Bormann and Brandt, Boehm was sure that Brandt was the leading personality in the program. (NO-3059, Pros. Ex. 558.) Brandt admitted that it was necessary to set up a special organization to carry out euthanasia. (Tr. p. 2407.)
He, together with Bouhler, had authority over the physicians who were participating in this program, and furthermore he had to keep Hitler informed from the medical point of view (English translation is garbled, therefore reference is made to German Tr. p. 2420) and had to maintain contact with Bouhler. (Tr. p. 2408.) He further admitted that authorizations for the killing of children were submitted to him and Bouhler. (Tr. p. 2544.)
He stated that he resigned his job some time in 1942. (Tr. p. 2433.) While this is of no material significance, it is established that he held his position as the leading figure in the program until 1944. Dr. Ludwig Sprauer, in his affidavit, stated:
“I heard the name of Professor Dr. Karl Brandt for the first time at a conference in Berlin in the middle of 1941. At this conference I learned that Karl Brandt and Philipp Bouhler were the leading figures in the Euthanasia Program. The conference was called by Dr. Linden on behalf of the Department of the Interior, and problems of institutions and asylums were submitted. Dr. Linden directed the proceedings.
“To the best of my knowledge and belief, Philipp Bouhler as well as Professor Dr. Karl Brandt were the leading figures in this so-called Euthanasia Program from 1941 to the collapse of Germany.
“The connection between the Department of the Interior and Professor Karl Brandt, in the framework of the Euthanasia Program, was that Karl Brandt gave orders to Conti and Linden, which were passed on by these persons on behalf of the Department of the Interior. Brandt was the dominating figure without doubt.” (NO-818, Pros. Ex. 373.)
The witness Wesse said in his affidavit that Brandt was in charge of the Euthanasia Program at least until March 1944. (NO-1428, Pros. Ex. 432.)
The witness Mennecke testified that he learned in the beginning of 1941 that the defendant Brandt was active in the Euthanasia Program. (Tr. p. 1874.) He further testified:
“When, in 1944, I was treated as a patient in the army hospital at St. Blasien, I found out through conversations with officers that Professor Brandt had an essential part in the collection of insane persons in the area of Lublin, Poland.” (Tr. p. 1903.)
He further testified, in connection with this Lublin action, that it must have continued up to 1944 and that it was said that insane persons and Jews were collected in Lublin in large numbers. (Tr. p. 1904.)
The witness Schmidt testified that Professor Brandt had the medical direction of the program, and only in 1944 was he told that Brandt had left the program. (Tr. p. 1825.) He also knew that Brandt played the leading part in the task which had to be accomplished (Euthanasia Program), that he (Brandt) was to accomplish this task. (Tr. p. 1847.)
Both witnesses, Schmidt and Mennecke, also testified that the chart (NO-253, Pros. Ex. 331), which shows Brandt in the center of the program, is correct. (Tr. pp. 1833, 1876.)
The evidence shows further that Brandt gave orders in the Euthanasia Program as late as July 1943. In a letter from the Patients Transport Corporation, dated 20 July 1943, to the Mental Institution Hadamar—which was, as documents and testimony show, an extermination station—the following sentences are found:
“I order transfer of insane persons to your institution also, by order of Professor Brandt, the Commissioner General of the Fuehrer for Medical and Health Service. You will get, on 26 July 1943, 150 insane women from the Mental Institution Warstein if the Reichsbahn will furnish the necessary cars as requested.” (NO-892, Pros. Ex. 442.)
Brandt was the person who had to be approached if one were to save a child from euthanasia. In a letter from the Reich Committee for Research on Hereditary and Constitutional Severe Diseases, dated 16 November 1943, to Dr. Schmidt’s sanatorium, Eichberg (as the evidence shows, a killing station for deficient children), we find the sentence:
“On the basis of a letter directed to Professor Dr. Brandt concerning the above mentioned, I request an elaborated diagnosis about the mentioned Anna Gasse who is reported to be in your institution at present.”
And further:
“If from a medical point of view such a release is warranted, one could take into consideration whether one should not perhaps comply with such a request in the interest of the good reputation of the institution.” (NO-890, Pros. Ex. 443.)
That the defendant Karl Brandt was in a position to issue instructions and assign tasks to insane asylums in Germany is further corroborated by the affidavit of the defendant Rose, who said that in 1943 Brandt put an insane asylum in Thuringia at his disposal and made arrangements that this institution would not be converted into a general hospital; and further, that in 1944 Brandt made arrangements for the better feeding of inmates of this asylum in order to enable Rose to proceed with his malaria therapy. (Tr. p. 1717.) If this statement in itself has nothing to do with euthanasia, it shows the scope of influence and power Brandt still commanded over insane asylums in 1943 and 1944. (NO-872, Pros. Ex. 408.)
According to his own testimony, Brandt was in charge of euthanasia until 1942. (Tr. p. 2433; Tr. p. 2532.) There is no proof, other than his own statement, that he resigned his commission at that time. On the contrary, the proof has shown that he was active in this field until some time in 1944. In any event, the program was criminal in its inception. The murder of concentration camp inmates pursuant to euthanasia began as early as 1940. Non-German nationals were included in substantial numbers. Healthy Jews were exterminated without examination. Trained killers from euthanasia stations were sent to the East as early as 1941 to aid in the mass murder of Jews. Persons whose only crime was physical inability to work were subjected to euthanasia from the very beginning. Indeed, the elimination of “useless eaters” was the principal rationale of the whole program.
Brandt stated that an order existed which exempted non-German nationals, but he was unable to give any explanation as to how this order operated, who received it, and why, if such an order existed, questionnaires for foreign nationals were filled out at all. (Tr. pp. 2499-2503.) The evidence has shown that non-German nationals were never exempted and were killed in large numbers. There is nothing to be said in mitigation for Brandt.
* * * * *
_EXTRACTS FROM THE CLOSING BRIEF AGAINST DEFENDANT BRACK_
* * * * *
Moral and Humanitarian Justification
In the brief against Karl Brandt the prosecution has summarized the overwhelming proof that euthanasia, far from being “an act of grace”, was a measure to eliminate “useless eaters” and other “undesirable” persons. Brack himself, when questioned by the Tribunal, was unable to explain why war veterans of the First World War (1914-18) were exempted from this “act of grace.” (Tr. pp. 7650, 7664.) Contrariwise, he could not explain why this grace was extended to insane criminals, irrespective of the length of time they had spent in an insane asylum. (NO-825, Pros. Ex. 358.)
Brack personally reprimanded Mennecke, who was an expert in the Euthanasia Program, on the ground that his expert opinions were far too soft and did not recommend euthanasia as often as he desired. (Tr. pp. 1881, 1907.) The so-called “observation stations” where the patients, according to Brack’s statement, were examined for several weeks by expert doctors were nothing but collecting points for the victims. (Tr. pp. 1822, 1878, 1879.)
Brack admitted that the work of Binding and Hoche is considered the standard work on euthanasia. (Tr. p. 7633.) This work leaves no doubt that the will to live, of even those who are most seriously ill, suffer most gravely, and are of least use, should be fully respected, and that any authority for the annihilation of life is excluded in cases where the will to live must be broken. (NO-2893, Pros. Ex. 496.) Brack himself admitted that euthanasia is inadmissible in cases where the patient has the will to live. (Tr. p. 7701.) The witness Schmidt testified that the victims, who obviously knew or suspected their fate, had to be forced to enter the busses which took them to the extermination stations. (Tr. pp. 1856, 1861.) This evidence is corroborated by documentary proof. (D-906, Pros. Ex. 376.) While many of those victims may have been insane, they certainly did not lack the will to live. Moreover, Brack himself admitted, when questioned by the Tribunal, that Bouhler ordered that the arrangements for the killing had to be made in such a way that the patients would not realize what was being done to them. (Tr. p. 7660.) The gas chambers where the victims were annihilated resembled shower rooms. (Tr. p. 7659.) The patients were deceived into thinking that they were to take a shower bath and, therefore, had to undress. (Tr. pp. 7644, 7660.) Such precautions would certainly not have been necessary if the victims had desired the “privilege of a mercy death.”
Action 14 f 13[99]
* * * * *
If the testimony of Brack and Brandt as to the number of doctors who were active in the Euthanasia Program is correct, it is clear from the record that all doctors active in this program collaborated in Action 14 f 13. Brandt estimated the number of doctors who were charged with the execution of the Euthanasia Program as 10 to 15 (Tr. p. 2478), Brack, as 12 to 15. (Tr. p. 7573.) Mennecke testified that about 15 doctors from the Euthanasia Program were commissioned to carry out the “examinations” in the concentration camps. (Tr. p. 1891.)
Brack was unable to explain how it came about that concentration camps inmates selected in Action 14 f 13 were killed in euthanasia stations. (Tr. p. 7541.)
* * * * *
Legality
* * * * *
Even Brack’s own documents reveal that he misinformed the legal authorities about the legal situation in respect to the Euthanasia Program. The ministerial director in the Reich Ministry of Justice, Karl Engert, states in his affidavit (which, according to the defense counsel of Brack, is “of great interest because it shows the opinion of the influential jurists on this question”): “Brack’s statements reassured me because, according to them, it was to be definitely assumed that a Reich law would then be enacted in the customary form, i. e., by publication in the Reich Law Gazette. I saw no reason why any difficulties should arise.” (Brack 37, Brack Ex. 37.) Needless to say, Brack did not mention that Hitler had refused to issue such a law until after the war.
That Brack was well aware of the fact that the Euthanasia Program was a criminal one is proved by his attempt to destroy evidence prior to the occupation of Germany by the Allies. The affidavit of Claussen proves that he sent the following teletype to the commandant of the concentration camp at Mauthausen (NO-2429, Pros. Ex. 498):
“To the Concentration Camp Mauthausen, SS Standartenfuehrer Ziereiss.
“Hartheim must be destroyed immediately. Execution must be reported by order of the Fuehrer.
[Signed] OBERFUEHRER BRACK”
Brack admitted that Hartheim was a euthanasia station where the victims of the Euthanasia Program were killed. (Tr. p. 7714.)
General Extermination of the Jews
* * * * *
That the defense of Brack is fabricated is proved by other evidence in the record. SS judge, Dr. Morgen, who investigated the criminal case of Wirth, testified before the International Military Tribunal that when Wirth took over the mass extermination of the Jews, he was already a specialist in the extermination of human beings. He had previously carried out the task of annihilating the insane. He had received this assignment from the Chancellery of the Fuehrer, Bouhler’s office. A system which Wirth had devised in his activities in the Euthanasia Program made it possible to exterminate large numbers of people with the help of only a few assistants. The same system, with a few improvements, was employed for the extermination of the Jews. Wirth’s assignment for the extermination of the Jews came from Bouhler’s office, from the very office where Brack was active. Morgen investigated Wirth’s mail and found out that the courier who brought this mail came from the Fuehrer’s Chancellery, Tiergartenstrasse, the place where the office of the Euthanasia Program was located. Among the people connected with this extermination program, Morgen remembers Blankenburg, Brack’s deputy. (NO-2614, Pros. Ex. 504.) Brack admitted that Wirth was active in the Euthanasia Program. (Tr. p. 7733.) It may well be that Morgen started his investigations in July 1943[100] but by the affidavit of Gorgass, it is proved that Wirth received his assignment from the “Foundation”, one of the camouflaged societies of the Euthanasia Program, as early as the summer of 1941. (NO-3010, Pros. Ex. 503.)
This evidence is fully corroborated by the affidavit of Gerstein. Globocnik was in charge of the extermination camps near Lublin, and Wirth collaborated with him in the extermination of the Jews. The gas chambers were camouflaged as “bath and inhalation” rooms and called “Foundation” Heckenholt. Doctors’ commissions toured the towns and villages of Poland and Czechoslovakia in order to select persons for extermination. (1553-PS, Pros. Ex. 428.) Brack when questioned by the Tribunal, admitted that the gas chambers of the euthanasia stations where the victims of the Euthanasia Program were killed were camouflaged as “shower rooms”. (Tr. p. 7659.) “Foundation” was one of the code names under which the Euthanasia Program operated. (NO-3010, Pros. Ex. 503.) The similarity between the extermination arrangement in the euthanasia stations and that used by Globocnik and Wirth is not coincidental.
The proof has shown that Brack himself advanced plans for the mass extermination of the Jews. In the beginning of October 1941 Brack had a conference with Eichmann from the Reich Security Main Office of the SS and Wetzel of the Reich Ministry for the Occupied Territories on the “solution of the Jewish question”. (NO-997, Pros. Ex. 506.) Brack declared himself ready to collaborate in the manufacture of the necessary gas chambers and gassing apparatus for the extermination of all Jews who were unfit to work. Since the manufacture of this apparatus was easier to accomplish in the East, Brack agreed to send some of his collaborators, and especially his chemist, Kallmeyer, there for this purpose. Brack proposed outright extermination of all Jews who were unable to work. Since Eichmann, whom Hitler had charged with the solution of the Jewish question, was in agreement with Brack’s proposals, no objection was voiced against the extermination of those Jews who were unable to work with the “Brack remedy”. (NO-365, Pros. Ex. 507.) Kallmeyer was the technical expert on operation of the gas chambers in the euthanasia station. (Tr. p. 7743.)
* * * * *
c. Selections from the Argumentation of the Defense
_EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT KARL BRANDT_
Euthanasia
Position taken in the indictment
* * * * *
Position of the defense
The aim of euthanasia was to solve an old medical problem.
Statement of Karl Brandt according to which the subject of “useless eaters” was never mentioned in the presence of Karl Brandt. (Tr. pp. 2397, 2434.)
Statement of Schmidt according to which the ethical points of view were stressed during the conference of the experts in Berlin, 1941. (Tr. p. 1852.)
Statement of Mennecke according to which medical motives were given at the informative conference. (Tr. p. 1906.)
Statement of Brack regarding what was involved was the solution of the old medical problem. (Tr. p. 7544.)
The ethical aims of the euthanasia planned can also be seen from the drafts of a final bill of law.
Statement of Lammers in which the witness compiled a draft according to medical and ethical points of view. (Tr. p. 2683.)
Statement of Brack stating that Bouhler worked out a draft in cooperation with Brack based on scientific contributions. The heading “Law relating to the granting of ultimate medical assistance to incurable persons” shows the characteristic features of the law. (Tr. p. 7581.)
The peculiar individual attitude of Karl Brandt is of an ethical nature.
Affidavit of Schwerin-Krosigk, according to which Pastor Bodelschwingh, chief of the mental institutions of Bethel, declared that Karl Brandt had stated his point of view as regards euthanasia in a respectful way, making every allowance for the contrary opinion of Bodelschwingh. (Karl Brandt 26, Karl Brandt Ex. 83.)
Affidavits of Pastor Woermann. The witness, successor of Pastor Bodelschwingh, said that Bodelschwingh had told him about the idealistic attitude of Karl Brandt and said that Karl Brandt had supported euthanasia for the fully extinct spirit. (Karl Brandt 23, Karl Brandt Ex. 19.)
Affidavit of Rueggeberg. The witness reported on a radio interview of the London radio commentator Robert Graham with Pastor Bodelschwingh in the summer of 1945. Bodelschwingh himself declared there that one should not consider Karl Brandt as a criminal but as an idealist. (Karl Brandt 19, Karl Brandt Ex. 16.)
Affidavit of Rach. According to the statement of this witness, Bodelschwingh visited Karl Brandt at his house in Berlin as late as the summer of 1943 and spent an afternoon there in a friendly discussion. (Karl Brandt 6, Karl Brandt Ex. 7.)
Suspension of euthanasia in August 1941.
Affidavit of Kirchert. According to this statement euthanasia was stopped in the summer of 1941 although at that time economic reasons had become rather more important than before. The statement of the prosecution admits with certain limitations that euthanasia had been stopped in August 1941. (Karl Brandt 18, Karl Brandt Ex. 15; Tr. p. 1752.)
Special responsibility and participation of Karl Brandt.
The authorization of 1 September 1939 was founded on a purely medical point of view, namely euthanasia for incurable persons “under most careful scrutiny of their state of illness.” An economic or political motive as the basis is therewith rejected. The drafts for a law for further implementation of the euthanasia idea also show medical and ethical motives.
The report sheets and memorandum slips were sent to mental institutions only, which proves that euthanasia was practically restricted to insane persons. Had the elimination of “useless eaters” been the aim, this restriction would have been meaningless for there were “useless eaters” in other places too (nursery homes for cripples, hospitals, etc.). Undesirable foreigners were rarely to be found in mental institutions at the start of the Euthanasia Program since aliens entered the area of the Reich only with the beginning of the allocation of foreign labor.
The suspension of euthanasia in August 1941 argues against the intention to eliminate “useless eaters”, for only from that time on economic reasons of that kind acquired a certain importance.
The transfer of sick persons by order of the Reich Defense Commissioner did not point to a special war interest but was an administrative and local measure in order to evade difficulties as regards competence. The Reich Defense Commissioner was a new regional administrative office which made it possible to combine the various offices without regard to their competencies for the different tasks. It seems possible that it was only a camouflage. The blank draft contains contradictions, for according to that draft the director of a mental institution gives directives to the general public prosecutor and refers to a decree of the Reich Defense Commissioner. (NO-841, Pros. Ex. 360.)
The motive of elimination of “useless eaters” appears only in the subsequent statements of the ideological opponents as a propaganda measure of the resistance movement where a symptom is passed off as a motive. At the conferences, no economic reason was given for the euthanasia measures; but this was mentioned only as a secondary phenomenon.
The attitude of Karl Brandt himself was proved by the statements of Bodelschwingh as the authoritative leader in matters of medical and nursery treatment among convinced Christians. Bodelschwingh’s attitude towards Karl Brandt would be inconceivable if he had enforced the liquidation of all undesirable sick persons. (Karl Brandt 115, Karl Brandt Ex. 91.)
The statement in the judgment of the International Military Tribunal is subject to revision on the grounds of the evidence material of this trial.
Legal Foundation of Medical Euthanasia
Position taken in the indictment
* * * * *
Position of the defense
The authorization of 1 September 1939 was a sufficient legal basis. (630-PS, Pros. Ex. 330.) The form of the authorization was sufficient.
The sheet with the golden eagle chosen for that purpose shows the special importance of the authorization.
No recipient was mentioned to whom the authorization in the form of a letter may have been addressed. (Tr. p. 2396.)
Karl Brandt took part in working out the text by inserting the words “under the most careful scrutiny of their state of illness.”
Statement of Lammers, expert in constitutional law. (Tr. p. 2678-9.) According to that document the form chosen was not usual, but such violation did occur and flaws were adjusted. Hitler did not care about the form.
Statement of Lammers, stating that Hitler as the Fuehrer was authorized to alter the form: “I thought him authorized to do such things.” Apart from the form of the authorization which is on hand here, there existed still another version. (Tr. p. 2686.)
Statement of Pfannmueller. According to this document, the authorization contained the passage: “To the Reich Minister of the Interior.” The document was of a different form from the authorization in question. (Tr. p. 7362.)
Affidavit of Kirchert. Grawitz told the witness that there existed an authorization with the additional signature of Goering as the Chairman of the Reich Defense Council. (Karl Brandt 18, Karl Brandt Ex. 15.)
Statement of Mennecke. At the conference in 1940 the law was read word by word. (Tr. p. 1921.)
File note of the Gauleitung of Franconia dated 1 April 1940, “The Fuehrer gave the order, the law is made.” (_D-906, Pros. Ex. 376._)
Publication of the authorization was not necessary for its coming into force.
Statement of Lammers says that there existed legal provisions which had not been published. (Tr. p. 2689.)
Affidavit of the Regional Bishop Wurm. Conti told the witness that there existed a law that had not been published for political reasons. (Karl Brandt 25, Karl Brandt Ex. 82.)
The obligation of secrecy does not prove the illegality of euthanasia.
Statement of Brack. The offices were informed. The decree of 1 September 1939 was transmitted to the Reich Minister of Justice on 27 August 1940, according to his special wish, but he had been informed of it earlier. (Tr. p. 7689.)
Statement of Pfannmueller. The witness states that the obligation of secrecy was usual. “I was bound to keep Reich matters secret. I was bound with regard to the Reich Penal Code.” (Tr. pp. 7343, 7397.)
Statement of Schmidt. The witness says that an ordinary obligation of secrecy form was signed without a special threat of punishment.
Camouflage.
Files of the Gauleitung of Franconia concerning correspondence with Marie Kehr. According to this, instructions were given after they were convinced of her good sense. (D-906, Pros. Ex. 376.)
Book of Meltzer: “The Problem of Abbreviation of Worthless Lives.” According to a statistical summary, on the whole, relatives of the mentally diseased do not wish to be informed. (Karl Brandt 85, Karl Brandt Ex. 94.)
Recognition of the Decree. The point of view of German literature and the administration of justice does not consider the present state of constitutional law. After taking cognizance of the decree, all authorities acknowledged it as the legal basis.
Testimony of Lammers. “The Reich Minister of Justice Guertner considered this regulation legal and stopped the pending actions.” (Tr. p. 2686.)
Testimony of Brack. Guertner, the Reich Minister of Justice, declared that the decree was not to be doubted. (Tr. p. 7590.)
Extract from the periodical “German Law” [Deutsche Justiz] 1941. Transfer of the supreme officials of the Justice Department in Berlin on 23 and 24 April 1941. According to this, photostatic copies of the decree of 1 September 1939 were delivered to all participators and its legality acknowledged by them. (Brack 36, Brack Ex. 36.)
Affidavit of Suchomel. This witness erroneously places the date of the conference in the 2d half of the year 1942. That means some time after the stoppage. (NO-2253, Pros. Ex. 557.)
Letter of 15 July 1940 of the General Prosecutor of Stuttgart to the Reich Ministry of Justice containing a report concerning illegal euthanasia. The following remark is made on the letter by the department chief of the Reich Ministry of Justice: “There is nothing to be ordered.” (NO-156, Karl Brandt Ex. 4.)
Schlaich to the Reich Ministry of Justice on 6 September 1940—Nothing has been attempted. (NO-520, Pros. Ex. 374.)
Testimony of Schmidt. The witness states that during a conference of jurists in Berlin 1941 the action was declared legal. This refers to the conference mentioned above, as it was mentioned in Document Brack 36, Brack Exhibit 36. (Tr. p. 1852.)
Preliminary Conference. Karl Brandt did not take part in the preliminary conference.
Testimony of Karl Brandt. According to this, Karl Brandt was invited unexpectedly, because he was available as an attendant-physician, when the conference with Bouhler took place. He was uninformed before this. Preliminary conferences concerning euthanasia took place between Hitler and Bouhler, Hitler and Conti.
Testimony of Lammers. According to this, during a conference in the autumn of 1939 in the presence of Lammers, a commission was given to Conti to start euthanasia. (Tr. p. 2668.)
Testimony of Lammers. According to this, Bouhler declared that Hitler wanted to give him the commission to carry out euthanasia. (Tr. p. 2669.)
Testimony of Brack. According to this a rivalry existed between Bouhler and Frick, Conti and Bormann, concerning the commission. Bouhler went to Hitler and said he would consent to accept the commission. Bouhler received the commission. (Tr. p. 7556.)
Particular responsibility and participation of Karl Brandt. According to the existing conditions of constitutional law, the decree of 1 September 1939 was to be looked upon as a legal order, and Karl Brandt, in his capacity as a physician, could rely on the organizations of the state and the opinions of the jurists.
The belated objection to the decree today is not made because of its external form, but in reality because of its contents. The circumstance that no publication of the decree took place was explained with politically intelligible reasons, corresponding to similar regulations issued for other measures.
The obligation of secrecy corresponds with the general regulations of the administration; a warning with reference to the regulations of penal law was usual. The so-called “death threat” is an exaggeration without any sense; according to practice, a reference to penal regulations concerning the revelation of secret matters had to be made where capital punishment was provided as the severest punishment in the Reich Penal Code. The opposition of all the persons interested in the procedure was directed against the camouflage of measures, with its inevitable consequences, the establishment of sham offices, the drawing-up of false death certificates, false information for the relations.
Karl Brandt accepted these regulations because they were the necessary consequence of the consideration not to disturb the part of the population involved. Neither the patient nor his relatives were to be alarmed, and the relatives had to be released from their feeling of responsibility. This motive is expressed in the correspondence concerning Marie Kehr, where the proper information was given and served as reassurance and warranted an expectation of understanding.
Karl Brandt did not partake in the organization of the Euthanasia Program. His connection with it, as an expert adviser for Hitler, is due only to the accident that he was in the headquarters of the Fuehrer. He received only a limited commission compared with Reichsleiter Bouhler, who, according to his own offer, was charged with the execution of this task.
Organization
Position taken in the indictment
* * * * *
Position of the defense
Karl Brandt was not the leading person, Bouhler was the head of the organization. In the decree of 1 September 1939 Karl Brandt is listed in second place, after Bouhler who had the rank of a Reich Minister.
The indictment denotes Bouhler as the chief of Karl Brandt. (Tr. p. 1531.)
Bouhler’s letter to the Reich Minister of Justice of 5 September 1940. “On the authority of the Fuehrer and as the only responsible person for all measures to be carried into effect, I have given the orders which seemed necessary to me to my collaborators.” (NO-156, Karl Brandt Ex. 4a and 4b.)
Affidavit of Lammers (supplement). The witness certifies as Bouhler’s the signature on the documents mentioned above. (Karl Brandt 92, Karl Brandt Ex. 86.)
Letter from Bormann sent to the Gauleitung of Franconia. Here, too, Bouhler is quoted as the Chief of the Committee of Physicians. (D-906, Pros. Ex. 376.)
Testimony of Lammers, according to which Karl Brandt never appeared before Lammers; in the Reich Ministry of Justice also; Bouhler was the only person who made an appearance. (Tr. p. 2672-3.)
Affidavit of Kirchert. The witness had a conference with Grawitz, who wanted to interest him in the use of euthanasia. Grawitz declared to the witness that Bouhler was charged with euthanasia. To him Karl Brandt had never been mentioned. (Karl Brandt 18, Karl Brandt Ex. 15.)
Affidavit of Prince of Hesse (supplement). The witness declares that he protested to Hitler and Bouhler because of the euthanasia project. Karl Brandt had not been called in at that time, though he could have been reached at once in the Fuehrer Headquarters. The witness is convinced that Karl Brandt was not connected with the matter in a decisive way. (Karl Brandt 115, Karl Brandt Ex. 91.)
Statement of Mennecke. The witness has never seen Karl Brandt, nor did he receive any order from him; he only knows the position of Karl Brandt within the framework of the euthanasia project from hearsay. (Tr. pp. 1903-5.)
Statement of Schmidt. The witness did not know Karl Brandt and did not see any order signed by him. He only knows by hearsay from Hegener that Karl Brandt “was supposed to be the medical chief” in 1941. In 1944 the witness learned that Karl Brandt was no longer involved, but could not state if he had still any influence in 1942 and 1943. (Tr. pp. 1857-8.)
Karl Brandt had no administrative organization of his own.
General items
New plan of organization by Brack. (_Karl Brandt 8, Karl Brandt Ex. 3_; Karl Brandt 15, Karl Brandt Ex. 3.) Testimony of Karl Brandt. (Tr. p. 2403.)
Affidavit of Brack. (Tr. p. 7550.)
Judgment of the International Military Tribunal[101] according to which Frick, as Reich Minister of the Interior, is made responsible for the carrying out of the euthanasia project.
Direct correspondence of the Bouhler office with the competent authorities prove that Karl Brandt was not involved: Letter from Brack to Schlegelberger. (NO-842, Pros. Ex. 405.) Letter from Brack to Freisler. (NO-843, Pros. Ex. 406.) Letter from Himmler to Brack. (NO-018, Pros. Ex. 404.)
Complaints of the national and ecclesiastical authorities and of civilians did not reach Karl Brandt.
Complaint by Schlaich, Chief of the Mental Institution of Stetten. This director who worked in this specialized field does not know anything of Karl Brandt. (NO-520, Pros. Ex. 374.)
Affidavit of Sprauer of 23 April 1946. The witness does not mention Karl Brandt in this affidavit. (3896-PS, Pros. Ex. 372.) (Only in a later affidavit of 19 November 1946, does he add a pertinent, general statement.)
Actual complaints are transferred by the ministries to the Bouhler office, not to Karl Brandt. (616-PS, Pros, Ex. 403.)
Specific examples.
Statement of Pfannmueller, according to which the invitation for the experts’ conference was made by Bouhler. (Tr. p. 7316.)
Statement of Pfannmueller. Bouhler took the chair in the second conference in Berlin; Karl Brandt was not present. (Tr. p. 7359.)
Statement of Brack, according to which Karl Brandt made no speeches on problems of euthanasia, and he was not expected to do so. (Tr. p. 7588.) This is confirmed by the testimony of Blome.
Statement of Mennecke, according to which Brack was chairman of the conference in February 1940. (Tr. p. 1869.)
Statement of Schmidt. Karl Brandt also was not present at the conference in February 1941, but there were present representatives of the Reich Ministry of the Interior and of the Reich Ministry of Justice. (Tr. p. 1819.)
Statement of Pfannmueller, according to which the experts were appointed by the Reich Ministry of the Interior. (Tr. p. 7377.)
Statement of Brack, according to which the physicians were chosen by Linden and Grawitz. (Tr. pp. 7703, 7705.)
Affidavit of Kneissler, according to which the persons in charge of euthanasia were instructed by Blankenburg of the Bouhler office. (NO-470, Pros. Ex. 332.) Karl Brandt was not mentioned.
Affidavit of Sprauer, according to which the mental institutions were under the control of the Reich Ministry of the Interior. (3896-PS, Pros. Ex. 372.) Answering a complaint of Sprauer, Conti stated: “That is the business of the Reich Ministry of the Interior.”
Affidavit of Jordans. (3882-PS, Pros. Ex. 371.) Also confirms that the mental institutions were under the control of the Reich Ministry of the Interior.
The order for evacuation from Warstein to Hadamar was not given at the suggestion of the Reich Defense Commissioner or for “systematic registration”, but with regard to the air raid danger. (NO-892, Pros. Ex. 442.) Karl Brandt was a member of the committee for air raid damage, and it was his special task within this committee to allot the space available in hospitals fairly. The order was given in 1942, after the great air raids in the area of Cologne and the industrial areas. It refers to an institution in the interior of Westphalia which was considered as a reception district at that time; the euthanasia facilities at Hadamar were removed and the institution was returned to the former owner. (See indictment in the Hadamar Trial.[102])
Affidavit of Steinbrecher. (Karl Brandt 84, Karl Brandt Ex. 87.) The activity of Karl Brandt on occasion of the removal of the mental institution from Dueren shows that Karl Brandt was not engaged as chief of the mental institutions, but in advisory capacity beside the competent authority, because he had influence and was charged with a special task in the field of air raid protection, in view of his general allocation tasks. Here Karl Brandt was able to help directly on account of his special tasks connected with the Committee for Air Raid Damage.
Statement of Rose. (Tr. p. 6362.) Opinion of the witness as to affidavit, NO-872, Prosecution Exhibit 408. From this it is seen that Karl Brandt here did not have charge of the patients, but was to endeavor with the other authorities to have the institution placed at his disposal.
Real Position of Karl Brandt. The position of Karl Brandt within the framework of the Euthanasia Program was limited.
Statement of Karl Brandt, according to which it was his task to inform Hitler and to license physicians of the euthanasia institutions according to the decree on the basis of personal responsibility of the physicians. (Tr. p. 2408.)
Statement of Brack. The witness says that Karl Brandt had nothing to do with the carrying out of the Euthanasia Program, “for he was the delegate of Hitler”. (Tr. p. 7571.) He had no office at Tiergartenstrasse 4, and to the knowledge of Brack, he was never in the office “T 4”.
Affidavit of Reinhardt. (Karl Brandt 5, Karl Brandt Ex. 6.) The witness was occupied as an auditor in the office of Karl Brandt, and he states that in this capacity he did not find in the office of Karl Brandt any accounts or items with entries referring to euthanasia.
Affidavit of Schaub, according to which Karl Brandt was bound to the Fuehrer Headquarters and to Hitler and thus was not able to make any inspections. (Karl Brandt 80, Karl Brandt Ex. 98.)
Affidavit of Rach. (Karl Brandt 6, Karl Brandt Ex. 7.) The witness confirms the connection of Karl Brandt with the Fuehrer Headquarters and with the clinic in Berlin.
Execution
Position taken in the indictment
* * * * *
Position of the defense
Time. The practice (of euthanasia) by virtue of the authorization started at the beginning of 1940 and lasted until August 1941, when it was stopped. Statement of Karl Brandt. (Tr. p. 2431.) Statement of Brack. (Tr. p. 7543.) According to both statements, the practice was suspended because of an oral order by Hitler to Karl Brandt. (Oral order of suspension was sufficient, since the legal ordinance itself was not revoked, because in principle euthanasia was supposed to be continued after the war. Continuation of the Reich Committee for Children.)
Suspension of euthanasia is confirmed through the following depositions: Statement by Blome. (Tr. p. 4653.) Statement by Pfannmueller. (Tr. p. 7348.) Statement by Dr. Schmidt. (Tr. p. 1823.) Statement by Dr. Mennecke. (Tr. p. 1879.) According to these testimonies, euthanasia was discontinued in Hadamar in August 1941 and the gas chambers removed. (See record of Hadamar Trial, especially indictment[103].)
The witnesses say further that euthanasia was no longer practiced at Eichberg either.
Affidavit of Irene Asam-Bruckmueller. The witness confirms suspension in Ansbach; she places this in the year 1942. (3865-PS, Pros. Ex. 365.)
Affidavit of Jordans. According to this, the witness learned in March 1942 that there had been a euthanasia program in other institutions, too, which now had been discontinued. (3882-PS, Pros. Ex. 371.)
Kirchert affidavit. According to this, suspension occurred in the summer of 1941. (Karl Brandt 18, Karl Brandt Ex. 15.)
Mennecke correspondence. The witness writes on 15 June 1942 of “re-commencement” of euthanasia. (NO-907, Pros. Ex. 412.)
Number of dead.
Statement by Karl Brandt on the number of insane falling under the authorization of 1 September 1939. (Tr. p. 2465.) Brack estimates them at 50,000 to 60,000. (Tr. p. 7610.)
Pfannmueller statement. The number of report forms which were made out does not equal the number of persons marked for euthanasia. This number contains only a fairly small percentage of persons, who were judged eligible for euthanasia. (Tr. p. 7384.)
Registration by report forms.
In general.
Statement by Karl Brandt. (Tr. p. 2401.) According to this, Karl Brandt did not assist in drawing up the report forms. They were drafted by the Reich Ministry of the Interior (Linden).
Pfannmueller statement. (Tr. p. 7322.) According to this, the directives were worked out as a result of the conference of experts at which Karl Brandt was not present.
In detail.
Pfannmueller statement. (Tr. p. 7324.) According to this, no persons incapable of work were supposed to be registered, but only the insane, with whom the inability to work was a special characteristic of their diseased state.
Wesse Affidavit (in lieu of cross-examination). (_NO-129, Pros. Ex. 105._)
Statement of Karl Brandt. (Tr. p. 2465.) According to Karl Brandt, the registration of Jews, foreigners, and war wounded was presumably carried out for statistical reasons.
Statement of Brack. (Tr. pp. 7596-8.) According to Brack the opinion of Karl Brandt about the reasons for the inclusion of the above-mentioned question is false and is based on “lack of professional knowledge” by Karl Brandt. Brack says that the questions were included only for the purpose of concealing the practice of euthanasia in the sanatoriums and nursing homes, from their personnel and their patients, and to veil the true purpose of the questionnaire. (For the same reason the purpose of the transfer was given out as “planned economic registration.”)
Rosenau affidavit about camouflaging purpose of the report forms. (Karl Brandt 130, Karl Brandt Ex. 106.) Letter concerning the registration of workhouses. (NO-781, Pros. Ex. 379.) Not the old and disabled are registered, but only those cases of insanity that can no longer be treated.
Brack statement. (Tr. p. 7599.) Foreigners were sorted out in T 4.
Brack statement. (Tr. p. 7593.) According to this, foreigners were exempt from euthanasia. They were screened in the central office T 4. If single sheets for appraisal possibly went further, then this was because of incorrect transmission. Wounded veterans of World War I, just like Jews, were screened at the central office T 4. Report forms were made out for Jews, but they were not registered for the euthanasia procedure.
Classification procedure. The accomplishment of the classification procedure was guaranteed by the choice of the appraisers.
Statement by Pfannmueller. (Tr. p. 7377.) According to this, professional persons of proven ability were designated by the Reich Minister of the Interior.
Statement by Mennecke. (Tr. p. 1294.) According to this, university professors lecturing on psychiatry at colleges were appointed as appraisers. The appraisal was preceded by an examination of the patient. After the appraisal a re-examination was made in observation institutions and in the euthanasia institutions.
According to the scheduled procedure special commissions were appointed to examine the insane in nursing homes.
Affidavit of Irene Asam-Bruckmueller. Then came a commission which studied the case histories; among them were two physicians; the commission was in the institution for three days; after three months the transfer was effected. (3865-PS, Pros. Ex. 365.)
Granzer affidavit. In the autumn of 1940 there was a commission of 40 persons; all case histories were asked for and a conference with the local staff physicians followed. An inspection of the patients was held. (3867-PS, Pros. Ex. 369.)
Sellmer report of 6 December 1940, Gauleiter’s office, Franconia. According to this a commission came and examined the files and inspected the patients. (D-906, Pros. Ex. 376.)
Decision of the commission was based on the documents of the institution. (NO-660, Pros. Ex. 377.)
Pfannmueller statement. He recalls that a commission came in 1940. (Tr. p. 7325.)
Further re-examination took place in the observation and euthanasia institutions. The physicians were authorized and obliged to judge the patients on their own responsibility. On an average 4 percent to 6 percent were rejected.
Kneissler affidavit. Witness says that individual persons were rejected. (NO-470, Pros. Ex. 332.)
It appears from the reports that individual patients were sent back. (D-906, Pros. Ex. 376.)
Transfer of patients. Order of transfer.
Statement by Karl Brandt. “Operation Brandt” has nothing to do with the transfer. Through inquiries at sanatoriums and nursing homes, special Karl Brandt project concerning euthanasia order. According to this inquiry the hospitals of the special Brandt project accepted patients from areas endangered by air raids as evacuation hospitals. The transfer which became necessary had no connection with euthanasia. (Karl Brandt 86, Karl Brandt Ex. 88.)
Schnelle affidavit. According to this “Operation Brandt” meant the removal of patients and chronic sufferers to medicinal baths. (Karl Brandt 21, Karl Brandt Ex. 17.)
Miesen affidavit. According to this Karl Brandt charged them with the manufacture of ambulances which were then lacking. (From this it appears that up to that time other means of transportation had to be used, among others the Red Cross, etc., and also the General Sick Transport Company, which had likewise been used for transport purposes in the battle zones of the East.) Compare also the widely popular expression “Operation Brandt” in purely economic fields. (Karl Brandt 28.[104])
Schieber affidavit. (Karl Brandt 22, Karl Brandt Ex. 18.)
Grabe affidavit. (Karl Brandt 86, Karl Brandt Ex. 88.)
Kehrl affidavit. (Karl Brandt 90, Karl Brandt Ex. 89.)
Order of transfer through other agencies. Collective transport of Jews takes place under the reference of “Initial Decree of the State [Bavarian] Ministry [of Interior] in Munich.” (NO-1141, Pros. Ex. 348.)
Collective transport of Eastern workers ordered by the Oberpraesident through Bernotat. (NO-891, Pros. Ex. 414.)
Transfer through Munich [Bavarian] State Ministry [of Interior]. (NO-1132, Pros. Ex. 341.)
Transfer through the Province Governor of Military District III. (NO-1133, Pros. Ex. 335.)
Transfer through Military District III. (_NO-826, Pros. Ex. 356._)
Transfer through Munich Ministry. (D-906, Pros. Ex. 376.)
Motives for the transfer. The transfer from institutions was effected for various reasons as a result of wartime conditions, such as evacuation of districts endangered by air raids, evacuation on account of proximity to the front and evacuation under consideration of inner displacements.
Ganzer affidavit. (3827-PS, Pros. Ex. 369.) According to this, the evacuations became frequent on account of wartime conditions and it was not easily apparent to the outsider why they were effected. The evacuation from Warstein to Hadamar, where reference is made to an order by Karl Brandt, could not have taken place on account of euthanasia, as Hadamar at this time had discontinued euthanasia. The change was made for reasons of air raid precaution.
Carrying out of the evacuation.
Statement of Karl Brandt. The evacuation was carried out by the Cooperative Ambulance Company through Office T 4, which was not subordinate to Karl Brandt. The Cooperative Ambulance Company was not employed for euthanasia transports alone. Whenever it was used, the account was rendered through the clearing office which settled the matter centrally.
Affidavit by Schieber on procurement of lacking ambulance space through the defendant Karl Brandt. (Karl Brandt 22, Karl Brandt Ex. 18.)
Affidavit by Miesen. (Karl Brandt 28.[105])
Statement of Mennecke on the assignment of the Cooperative Ambulance Company, 1941-42, in the East.
Deportation of Jews. Here a separation of the Jews according to nationality is carried out. Poles and Jews from Bohemia and Moravia shall not be transferred because they do not belong to the area of the transport. This shows that the aim of the deportation was not euthanasia, because separation according to nationality would have been senseless. (NO-1310, Pros. Ex. 337.)
Affidavit by Schnidtmann. He expresses his opinion on the transfer of workers from the East on 18 September 1944; they are to be returned to their home institutions. This would have been superfluous in the case of intended euthanasia. (NO-720, Pros. Ex. 366.)
Affidavit by Rosenau. (Karl Brandt 130, Karl Brandt Ex. 106.)
Reasons for euthanasia. Euthanasia was brought about on the basis of an authorization given to the directors of the euthanasia institutions on 1 September 1939. This authorization was no order to carry out euthanasia but merely gave permission to arrange for euthanasia after examination based on a critical judgment of the condition of the illness. Consequently, doctors acted on their own responsibility.
The means for the execution of euthanasia.
Statement of Brack. According to this statement, carbon monoxide (CO) was used as a means. This is scientifically proved to be the least painful manner of death. The use of other methods proves that such an execution of euthanasia does not conform with the intended procedure, but is carried out on personal initiative. (Tr. p. 7743.)
Statement of Rose. (Tr. p. 6363.) Opinion on the reduction of food in medical institutions. (NO-872, Pros. Ex. 403.) Rose declares that this did not result in any particular reduction or neglect of the patients.
Experimental killing of insane persons.
The handing-over of patients from the institution of Eglfing-Haar is under consideration. (No euthanasia). (1696-PS, Pros. Ex. 357.)
Issue of false death certificates and notices.
Meltzer opinion. (Karl Brandt 85, Karl Brandt Ex. 94.) This document contains an inquiry sent to 200 relatives regarding their attitude towards euthanasia. Most of the relatives agree to it; it is characteristic that many disagree but declare that they do not wish to be asked and that the matter had best be kept secret and covered up (death should come unexpectedly not influenced by the wishes and interests of others and should not burden the relatives). Professor Meltzer, an opponent of euthanasia, arranged for the examination as the director of an insane asylum in order to obtain an argument against the main advocates of euthanasia in Germany, Binding and Hoche, and he declared that he was surprised at the result shown by the questionnaire.
Euthanasia compared with Medical Euthanasia
Position taken in the indictment
* * * * *
Position of the defense
In addition to the prescribed euthanasia based on authorization a so-called “wild euthanasia” took place, upon which the defendant Karl Brandt had no influence, and of which he had no knowledge.
Euthanasia on Polish Nationals. The authorization by Karl Brandt was limited to the occupied territories, which were subordinate to special administration, like the administration for the Government of Poland and the Protectorate as well as the Communication Zone. Karl Brandt therefore cannot be held responsible for the events which took place in the insane asylums in Poland. The removal of Eglfing-Haar to the occupied territories was carried out by the Cooperative Ambulance Company, but the fact of the transport shows obviously that death was not intended, as such a deportation would have been senseless. The seizure of Poles in the Polish district Zichenau by the Reich Security Main Office proves that quite another organization is at work than the organization for euthanasia in Germany, which was Appointed by the Ministry of the Interior as supervisory authority.
Euthanasia in the Communication Zone.
Affidavit by Halder. (Karl Brandt 116, Karl Brandt Ex. 92.) Rumors that inmates of the insane asylum of Novgorod and others had been killed reached Halder. He knows that Karl Brandt was not mentioned in this connection as he held no authority in this field and that his appearance would be particularly noticeable.
Extermination in Auschwitz.
Letter from Brack to Himmler. (NO-205, Pros. Ex. 163.) The letter shows that the defendant Karl Brandt had nothing to do with the deportation of persons to Auschwitz. Brack designates the “men” as his “personnel” and on his own initiative offers further personnel in his direct correspondence with Himmler.
Statement of Brack. (Tr. p. 7530.) He points out that he had not accused Brandt himself of having any knowledge of or part in this, but merely that the possibility was presented to him during the interrogation by the prosecution. He had attempted to maintain his opinion through changes in the text of the affidavit composed for him. The text presented to him definitely mentioned Brandt as a confidant. It was stated there:
“It was impossible for these people to participate without the knowledge of Karl Brandt” further “that this order could have been issued by Karl Brandt only.” Brack has changed the text in the best possible way and has rearranged the sentence as follows: “It would have been impossible for these people to participate.” To the phrase “only by order of Karl Brandt” was added “possibly Bouhler.”
Statement of Hielscher. (Tr. p. 5982 ff.) On cross-examination, the witness testified to the trustworthiness of the witness Gerstein, who since submitting the affidavit can no longer be traced and is presumed to be hiding.
Statement of Mennecke. (Tr. p. 1912.) The witness has not learned any more in regard to the rumors of euthanasia in Lublin and the participation of Karl Brandt in these matters in spite of his particular interest.
The Workers from the East.
Statement of Schnidtmann. (NO-720, Pros. Ex. 366.) Subsequently the transfer of the insane Eastern workers to a home institution took place. No euthanasia was therefore carried out; a transfer for this purpose would have been senseless.
Euthanasia after Cessation in 1941
Position taken in the indictment
* * * * *
Position of the defense
With the cessation of euthanasia in August 1941, a new procedure appeared in which Karl Brandt no longer participated. Karl Brandt personally was fully occupied with special commissions in other fields (building of hospitals; since 1942 Commissioner General; since 1944 Reich Commissioner for Health and Medical Care). The cessation was ordered during August 1941. Subsequently euthanasia was discontinued.
Statement of Schmidt. (Tr. p. 1879.) Hadamar in August 1941. (Compare also the documents of the Hadamar Trial,[106] particularly indictment.)
The same applies to Eichberg in August 1941. (Tr. p. 1879.)
Affidavit by Kirchert. According to this there was general cessation in the summer of 1941. (Karl Brandt 18, Karl Brandt Ex. 15.)
Affidavit by Asam-Bruckmueller. (3865-PS, Pros. Ex. 365.) According to this euthanasia was also discontinued in Ansbach.
Affidavit by Jordans. (3882-PS, Pros. Ex. 371.) Hereby euthanasia was also discontinued in other institutions in 1942.
(The statements regarding date of cessation may be erroneous inasmuch as they were made long after the end of 1941. It is also possible that in spite of the order to cease, some places still carried on upon the instruction of the local authorities.)
A new purpose for euthanasia is presented, which begins after the cessation. The motive is no longer medical and also has no more connection with the authorization.
Letter from Liebehenschel to the concentration camp of Gross-Rosen of 12 December 1941 on the discharge of prisoners. (1151-PS, Pros. Ex. 411.)
Correspondence of Mennecke. (NO-907, Pros. Ex. 412.) Therein a report is made about the cooperation of a new group, concerned with extermination. Under the date of 15 June 1942 Mennecke speaks about the “re-commencement” of euthanasia.
Statement of Brack. The witness reports of Bouhler’s worry that before requesting the euthanasia commission on 1 September 1939, Bormann and other powers might wish to use the opportunity and he feared they might abuse it (wild euthanasia).
Legal foundations. Karl Brandt is not acquainted with the legal foundation for such proceedings after expiration of the authorization of 1 September 1939. After the cessation of euthanasia in August 1941, the powers held on the basis of the authorization of 1 September 1939 could no longer be exercised.
Statement of Karl Brandt. (Tr. p. 2421.) According to this, Karl Brandt, in 1944 learned of two cases in Saxony and of one in Pomerania where euthanasia was carried out. He forwarded this report to Hitler, Bormann, and Bouhler because he felt that within Bormann’s sphere extremists were at work.
Organization. The old organization was abandoned or considerably reduced. (Compare the indictment of the Hadamar Case[107] regarding the liquidation office.)
The physicians were dismissed in August 1941 from the Office, Tiergartenstrasse 4.
Letter from Brack to Himmler of 23 June 1942. (NO-205, Pros. Ex. 163.) Here he refers to the former transfer of personnel and once more offers people from the remaining personnel.
It seems that the organization was now under the influence of Himmler. Karl Brandt was eliminated by the cessation in 1941.
Affidavit of Beringer. (NO-808, Pros. Ex. 425.) The witness says, “it was an open secret in the Gau that Mennecke was charged by Himmler to search the mental institutions of Germany for insane persons.”
Activity of the former organization. Registration sheet.
Letter of the Reich Ministry of the Interior of 1 August 1940. (3871-PS, Pros. Ex. 359.) According to this all sick persons are now to be reported. The letter is addressed to the private clinic of Hertz at Bonn.
Testimony of Mennecke. (Tr. p. 1902.) According to this, the program was not resumed again in its original form.
Some of the experts had retired.
The killing no longer took place by carbon monoxide but by other means and by other methods.
In part the dead were not burned anymore but buried (as at Hadamar).
Elimination in the Concentration Camps
Position taken in the indictment
* * * * *
Position of the defense
Motive is not reconcilable with medical authorization; this does not allow euthanasia for political or economic reasons.
Testimony of Mennecke. (Tr. p. 1913.) The witness explains that the execution was a complete breach of the directive at the start of euthanasia. “At least it had nothing to do with the euthanasia of lunatics.”
Testimony of Karl Brandt.
Time.
Testimony of Mennecke. (Tr. p. 1933.) According to this Brack spoke of undertaking an examination in the KL [concentration camp] Oranienburg for the first time in the summer of 1940.
Testimony of Roemhild. (Tr. p. 1659.) The witness says that a second action 14 f 13 started in 1943 (therefore an independent action after the suspension of 1941). From that the independent character of the “first action 14 f 13” must be concluded, and it is to be assumed that it was ordered by the Reich Criminal Police Office, Berlin, as was the second action 14 f 13.
According to the testimony of Mennecke (Tr. p. 1914), Action 14 f 13 did not start with the first visit in 1940, but at first it was only an expert opinion according to medical points of view. In 1940 prisoners were examined by him in the concentration camp Buchenwald and registration forms filled out. At that time the examination extended to phychoses and psychopathy.
Affidavit of Muthig. According to this a transport went from Dachau to Mauthausen in December 1941 after examination by Heyde. (NO-2799, Pros. Ex. 497.)
Order. There were two parallel orders:
The order of the office of Bouhler in accordance with the Euthanasia Program, according to which from 1940 on the lunatics in the concentration camps were examined according to the directions.
Testimony of Mennecke. (Tr. p. 1935.) According to this, the order to visit the concentration camps was issued in the summer of 1940.
The order of Himmler to submit to the special treatment of action 14 f 13, or to kill undesirable prisoners, regardless of these examinations.
Letter of 10 December 1941 regarding the special action 14 f 13. (1151-PS, Pros. Ex. 411.)
Affidavit of Hoven. Order by Himmler was at hand for the execution of these actions. (NO-429, Pros. Ex. 281.) Further testimony of Hoven.
Report of Dr. Morgen in the proceedings against Hoven: “The right to decide about the life or death of prisoners in the concentration camps is assigned to the Reich Leader SS Himmler.” (NO-2366, Pros. Ex. 526.)
Organization. Two organizations working side by side have to be distinguished: (1) Organization for the selection of real lunatics according to the authorization of 1 December 1939. Here the organization of Bouhler is active up to summer 1941 within the framework of the former directives. (2) Organization for extermination contrary to the former directives, exclusively by Himmler and the Reich Security Main Office.
Testimony of Roemhild, about Action 14 f 13. (Tr. p. 1641.)
Testimony of Roemhild. (Tr. p. 1644.) According to this, Dr. Lolling participated, and was corresponding about it with Himmler.
Testimony of Roemhild. (Tr. p. 1659.) According to this, the second Action 14 f 13 started on the orders of the Reich Criminal Police Office, Berlin.
It was the independent work of Lolling in the concentration camp Oranienburg. (1151-PS, Pros. Ex. 411.)
Letter from concentration camp Gross-Rosen to the institution Bernburg. (NO-1873, Pros. Ex. 556.)
Report on special treatment to Main Economic and Administrative Office. (1234-PS, Pros. Ex. 555.)
Execution. Nothing was done before the suspension in August 1941.
Testimony of Mennecke. (Tr. p. 1933.) According to this, the first visit in 1940 was not the start. Until autumn 1941 there was only a general examination of the insane persons.
Testimony of Mennecke. (Tr. p. 1940.) There were no objections regarding the examination of insane persons in the first action.
Testimony of Mennecke. (Tr. p. 1890.) According to this, Mennecke himself filled out the registration forms, and they were treated in the same way as the registration forms of mental institutions. This was only so during the first visits of Mennecke, while the examinations were still taking place according to the prescribed medical points of view.
After autumn 1941 another procedure was adopted. The registration forms were no longer supplied by Tiergartenstrasse 4, but produced and filled out by the inspectorate of the concentration camp.
The filling out of the registration forms is restricted to a few points according to an order of the Reich Security Main Office. (1151-PS, Pros. Ex. 411.) It was sufficient to fill out the particulars of the form underlined in red. These were name, date of birth, religion, race, since when in institution, physical incurable complaints, disabled soldier, offense, former criminal offenses.
Testimony of Mennecke. (Tr. p. 1914.) He does not know what a physician is expected to tell from registration forms filled out in such a way.
No expert was present. (NO-907, Pros. Ex. 412.)
In the proceedings 14 f 13, the consideration of the disease was not the main thing.
Here there is talk about “special treatment 14 f 13”; it has nothing to do with euthanasia but is extermination. (NO-158, Pros. Ex. 410.)
Correspondence of the Main Economic and Administration Office with the concentration camp Gross-Rosen. (1234-PS, Pros. Ex. 555.) Only special treatment is mentioned. The word “euthanasia” nowhere appears.
Examination. The fact that the Mauthausen concentration camp is mentioned as a place of execution, which was not empowered to carry out the euthanasia within the framework of the order of 1 September 1939, shows the arbitrariness of the “action.” It must be assumed that Himmler included Bernburg, favorably situated to him, in the exercise of his own full powers. The difference in the examination according to the directions and according to the proceedings applied in the concentration camp is shown in the correspondence of Mennecke.
Correspondence of Mennecke. (NO-907, Pros. Ex. 412.)
Testimony of Mennecke. (Tr. p. 1882.) According to this, it later on depended only on ascertaining reasons for the arrest, and not on the medical examination.
Letter from the concentration camp Gross-Rosen to Liebehenschel of 25 March 1942. (1151-PS, Pros. Ex. 411.) According to this, a part of the “eliminated prisoners” became “fit for work” again.
Communication of the concentration camp Gross-Rosen of 16 November 1941 about the elimination of prisoners. (_NO-158, Pros. Ex. 410._) The killing was done at the institutions of Bernburg and in the concentration camp Mauthausen.
Connection of Karl Brandt with the Concentration Camps.
Affidavit of Dietzsch. (NO-1314, Pros. Ex. 433.) According to this, Karl Brandt was said to have been in Buchenwald.
Appendix—Affidavit of Dietzsch. (Karl Brandt 98, Karl Brandt Ex. 39.) Dietzsch corrects his supposition and explains he did not see Karl Brandt in Buchenwald.
Testimony of Hoven. (Tr. p. 9911.)
The correspondence submitted was conducted exclusively by offices of concentration camps.
Appendix—Report of Dr. Morgen shows that the right over life and death is assigned to Reich Leader SS Himmler. (NO-2366, Pros. Ex. 526.) The name of Karl Brandt is not mentioned in the correspondence.
The witness Mennecke cannot give any information about the activity of Karl Brandt within the framework of the special treatment 14 f 13 attributed to him by the indictment.
Euthanasia Practice on Children (Reich Committee)
Position taken in the indictment
* * * * *
Position of the defense
Motive. From a medical standpoint, it is a humane motive to shorten the lives of children not fit to live.
Testimony of Schmidt. (Tr. p. 1854.) At the discussion in 1941 only medical viewpoints were dealt with. The Reich Committee was already being prepared before the authorization of 1 September 1939 (Leipzig case).
Time. Execution was in force from 1940 to 1944.
Testimony of Pfannmueller. (Tr. p. 7310.) Execution at Eglfing-Haar did not start before 1 June 1940.
Pfannmueller letter to Reich Committee of 17 January 1941. (NO-1139, Pros. Ex. 346.) It refers to agreement of 10 December 1940 in connection with decision of 18 August 1939.
Kaufbeuren documents. (1696-PS, Pros. Ex. 357.) According to this, euthanasia was carried on in the Irrsee Institute, even after the occupation in 1945.
Supplement, Affidavit of Weese. (Karl Brandt 129, Karl Brandt Ex. 105.) Opinion on the state of disease was arrived at objectively by medical examination.
Legal basis. Legal basis was the authorization of 1 September 1939, which had not been suspended or annulled for the activity of the Reich Committee.
Decree regarding treatment of malformed children. (Brack 52, Brack Ex. 43.) Circular of 1 July 1940, published in the Ministerial Gazette. There, compulsory reporting of malformed and insane children is provided for.
Organization.
Affidavit of Sprauer, according to which the direction of the Reich Committee was in the hands of von Linden at the Reich Ministry and not under Karl Brandt. (3896-PS, Pros. Ex. 372.)
Testimony of Karl Brandt, according to which the direction was with Linden of the Reich Ministry of the Interior. (Tr. p. 2433.)
Affidavits of Engel and Schaub. Karl Brandt was attached to the Fuehrer’s General Headquarters. (_Karl Brandt 81, Karl Brandt Ex. 85_; Karl Brandt 80, Karl Brandt Ex. 98.)
Testimony of Mennecke. (Tr. p. 1903.) Mennecke never saw a document signed by Karl Brandt. He never saw him and never heard him speak. Karl Brandt was only available to give advice. In a few cases, he was consulted when there were doubts about the final expert opinion.
Testimony of Brack. (Tr. p. 7612.) According to this Bouhler and Brandt voiced their opinion on the judgment of experts only in questionable cases. Further observation was indicated if there were doubts at all.
Testimony of Karl Brandt. (Tr. p. 2532.) According to this, Karl Brandt resigned from the Reich Committee in the summer of 1942. He was not used as an expert.
Letter of the Reich Committee of 16 November 1943 regarding the child Anna Gasse. (NO-890, Pros Ex. 443.)
Testimony of Karl Brandt. (Tr. p. 2541.) By virtue of this letter, addressed to Karl Brandt, an inquiry by the Reich Committee is addressed to the Eichberg Institution. This incident is the outcome of the claim of an incompetent person. The letter shows precisely that Karl Brandt did not have an office of his own, but that he remitted the letter to the competent official authority.
Execution.
Registration was handled by the Reich Ministry of the Interior. (NO-1132, Pros. Ex. 341.)
The notification about the children was made, as required by law, by physicians, midwives, and clinics.
Testimony of Pfannmueller. (Tr. p. 7312.) According to this, the registration sheets were published in the gazette of the Reich Ministry.
Sick records had to be attached to the report. (_NO-1133, Pros. Ex. 335._)
Directive issued by the Reich Ministry of the Interior to the effect that personnel and sick records are to be attached. (NO-1132, Pros. Ex. 341.)
Letter of 30 April 1941, with regard to the child Thalmeyer. (NO-1138, Pros. Ex. 349.) In that case a medical report on the child was especially required.
Testimony of Schmidt. (Tr. p. 1828.) According to this, the registration followed upon information obtained from health offices, midwives, and clinics for children.
Medical opinion was given by special advisers who cooperated with official physicians.
Affidavit of Weese. (Karl Brandt 129, Karl Brandt Ex. 105.)
The transfer of partly Jewish children has no connection with the Reich Committee.
Directive issued by the Provincial President Bernotat of 15 May 1943 concerning the collection of part Jews. (_NO-893, Pros. Ex. 426._)
Consent of the parents.
Letter of the Reich Committee of 9 January 1943 to the health office at Tuttlingen. (Karl Brandt 40, Karl Brandt Ex. 84.) There the competent authority declares that a transfer of a child is not permissible in principle if the consent of the parents is not given.
Testimony of Brack. (Tr. p. 7612.) The consent of the parents was secured by the official physician or by the physician in charge, in other words, before the child was taken to the clinic.
It was up to the practicing physicians to inform the parents of the type of treatment which the child would undergo and of the prospects of success. (Brack 52, Brack Ex. 43.) The probability of death was stressed.
Testimony of Karl Brandt. (Tr. p. 2399.) According to this, the parents were treated with care while being questioned, in order that their conscience should not bother them later.
Testimony of Karl Brandt. (Tr. p. 2544.) According to this the consent of the parents was not put into writing but was given orally and then a note made of it in the files. No child was removed against the express wishes of the parents.
How the killing was done.
Testimony of Pfannmueller (Tr. p. 7331) rebuts affidavit of Jordans (3882-PS, Pros. Ex. 371). According to this, where treatment was not possible any more, putting to sleep by narcotics was effected by the physician of the institution. There was no National Socialist nursing staff to carry out the killing.
Testimony of Pfannmueller. (Tr. p. 7304.) Comment on the statement in the affidavit of Lehner according to which euthanasia was not practiced on children before the war.
Testimony of Pfannmueller. (Tr. p. 7329.) Comment on the conference of the Bavarian Ministry of the Interior in 1942. According to this, the starvation process had not been ordered but on account of the general food situation no additional food supplies were permitted which exceeded the rations of the civilian population.
Affidavit of Weese. (Karl Brandt 129, Karl Brandt Ex. 105.) Graph indicating cases of death of insane persons in the Kaufbeuren Clinic from 1910 till 1944. (Karl Brandt 123, Karl Brandt Ex. 93.) The graph shows that during the membership of Karl Brandt in the Reich Committee the number of cases of death did not really exceed those of World War I. Only after his retirement does the curve rise suddenly.
Performance of experiments by Professor McCance on children not fit to live in the Military Hospital, Wuppertal, in 1946. (Karl Brandt 93, Karl Brandt Ex. 29.)
Testimony of Brack. (Tr. p. 7716.) According to this, the consent of the parents was secured in some form or other.
Authorization. The authorization was given for each case separately on the basis of the files.
Testimony of Pfannmueller. (Tr. p. 7304.) About the types of children in question.
Affidavit of Leusser. (3864-PS, Pros. Ex. 367.) There it is pointed out that the children stood at the lowest level of idiocy.
Testimony of Schmidt. (Tr. p. 1821.) The witness names the type of diseases in question. He says that the consultants and chief consultants gave the authorization.
Testimony of Pfannmueller. (Tr. p. 7314.) According to this, the authorization orders did not read that the life of the children was to be shortened, but it was only an authorization for treatment.
Affidavit of Schmidt. (3816-PS, Pros. Ex. 370.) The witness has seen many certificates of authorization, all of which were signed by Hegener.
Special authorization. The Reich Committee could not issue special authorizations for adults. The signature of Hegener in individual cases is in contradiction to issued directives. It was an arbitrary evasion of the decreed cessation of euthanasia.
_EXTRACTS FROM THE FINAL PLEA FOR THE DEFENDANT BRACK_[108]
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The defendants in this trial, who are doctors, were accused in General Taylor’s opening speech of having committed atrocities under the guise of medical science. The defendant Brack is not one of these doctors. Brack would probably not even have appeared before you as a war criminal had his superior Bouhler been still alive. Brack worked as an expert in the Fuehrer’s Chancellery and in his field of work had nothing to do with medical problems. Nor is Brack accused by the prosecution of having participated in medical experiments.
However, Brack is accused of participation in the genocide policy of the Third Reich insofar as he participated in the Euthanasia Program and the sterilization experiments, and was conscious of their destructive purpose.
In the judgment of the IMT the word “euthanasia” or “Euthanasia Program” is not used at all. It only mentions measures that were taken for the purpose of killing all the old, mentally ill, and all those who had incurable diseases, in special institutions; this included German nationals and foreign workers who were unable to work. In the separate judgment of the defendant Frick,[109] too, only these measures are mentioned.
Any connection, or even the possibility of such a connection between these measures and persecution of the Jews, dealt with in a separate chapter, in particular with the plans drawn up in the summer of 1941 for a “final solution” of the Jewish question in Europe, was never established by the IMT nor even hinted at.
Until 1939 the word “euthanasia” was unknown to Brack as well as to large circles of the German population. That this word originally meant the “art” of dying, or to meet death with serene calm, had remained the secret of those scientists who were interested in the Greek language.
During the course of centuries the meaning of this word changed. It first became the expression for the attempt of the physician—originating in human compassion, developed by medical science—to alleviate the end of a dying person by soothing his pain. But then the meaning of the word, and with it the concept of euthanasia, was expanded, and towards the end of the 19th century it meant assistance in dying through an abbreviation of life if the life of the suffering person had lost its value in view of immediate and painful death, or as a result of an incurable disease.
It is a fact that this kind of euthanasia has been applied throughout the world since time began and can be traced back to the Twelve Tables of Ancient Rome and to the epoch of state socialism in antiquity.
The assertion of the prosecution that euthanasia was the product of National Socialism and its racial theories can be indisputably refuted by history.
Even if the prosecution is of a different opinion, the Tribunal cannot overlook the fact that the testimony of Karl Brandt, Brack, Pfannmueller, Hederich, Schultze, Grabe, Gertrud Kallmeyer, and Walter Eugen Schmidt, all stated independently that the measures started according to Hitler’s will in the autumn of 1939 only applied to incurable, mentally ill persons, and were suspended in 1941. For these measures, the participants used the word and the concept of “euthanasia” in the meaning of the final medical assistance, whether justly or injustly, will be discussed later.
It is not uninteresting to note that the word “Euthanasia Program” appears for the first time in the Brack affidavit (NO-426, Pros. Ex. 160), which was drawn up by the prosecution after several interrogations; Brack at that time was in a state of physical and mental exhaustion and, therefore, not in a position to realize clearly what he said.
The defense, in agreement with the prosecution, refrained from presenting an expert medical opinion, but did not, as the prosecution now asserts, refuse to present it.
I regret very deeply that the prosecution, when using the word “Euthanasia Program” coined by them, characterizes without sufficient proof the euthanasia applied in 1939-1941 for the incurably sick as the conscious and deliberate precursor of the different actions of annihilation which mark the milestones of the mental and moral ruins left to the German people by men who had become insane.
If the prosecution had been sure of their assumption, they would not have had to submit those extremely doubtful documents with which they tried to prove in cross-examination that the defendant Brack participated in planning the mass extermination of the Jews.
* * * * *
How, in the face of such insufficient evidence which is opposed by numerous cases of intervention for Jews in that period of time—I only recall the cases Warburg and Georgii—and in the face of Brack’s sworn statements about his attitude towards Jewry, can the prosecution assert that Brack participated in planning the extermination of the Jews? In this way, the prosecution closed the circle incriminating Brack, which they drew round the euthanasia of incurable mental patients, the Action 14 f 13, and the final measures to exterminate the Jews.
I wish to stress again that everything that happened after the stop in August 1941 in the way of abuse by the euthanasia institutions had nothing to do with the euthanasia of the incurably insane which was supported by Brack. An opposing view would only be suitable to make a historical record which is not supported by the weight of the judgment of the International Military Tribunal, but merely corresponds to a conjecture which in the decisive points themselves is void of every substantiated basis.
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d. Evidence
Prosecution Documents
Pros. Ex. Doc. No. No. Description of Document Page NO-426 160 Extract from the affidavit of 842 defendant Brack, 14 October 1946, describing administrative details and procedure of the Euthanasia Program. 615-PS 246 Letter from Dr. Hilfrich, Bishop of 845 Limburg, to the Reich Minister of Justice, 13 August 1941, protesting against the killing of mentally ill people. NO-429 281 Extract from the affidavit of 847 defendant Hoven, 24 October 1946, concerning the transfer of concentration camp inmates to euthanasia stations for extermination. 630-PS 330 Letter from Hitler to Karl Brandt 848 and Bouhler, 1 September 1939, charging them with the execution of euthanasia. NO-1135 334 Confirmation, 30 August 1940, of the 848 transfer of mental patients with list of transferred patients attached. 1696-PS 357 Letter from Dr. Conti to the Mental 849 Hospital in Kaufbeuren, 16 November 1939, requesting that questionnaires (attached) be filled out for individual patients; letter from the General Sick Transport Company to the Mental Hospital in Kaufbeuren, 12 May 1941, stating that the company would remove mental patients; report from the Provincial Association for Social Welfare in Swabia, 6 May 1941, that all transferred patients had died; letter from Gaum, 24 November 1942, to Dr. Leinisch stating that epileptics would be made available for research. 3896-PS 372 Extract from the affidavit of Dr. 853 Ludwig Sprauer, 23 April 1946, concerning the organization of the Euthanasia Program. NO-520 374 Letter from the chief of the 854 institution for feeble-minded in Stetten to Dr. Frank, 6 September 1940, requesting that euthanasia be carried out only after legal basis was created. NO-660 377 Note by Sellmer, 6 December 1940, 855 describing the method of selection for euthanasia. NO-018 404 Letter from Himmler to Brack, 19 856 December 1940, requesting that Euthanasia Station Grafeneck be discontinued and that motion pictures be shown to dispel rumors. NO-842 405 Letter from Brack to Dr. 857 Schlegelberger, 18 April 1941, forwarding forms for euthanasia and suggesting that death notifications should not follow a stereotyped form. NO-158 410 Letter from Hirche, administrator of 858 the Mental Institution Bernburg, to camp commandant of the Gross-Rosen concentration camp, 19 March 1942, with list of inmates transferred from the concentration camp to Bernburg. NO-907 412 Extract from letter from Dr. Fritz 861 Mennecke to his wife, 25 November 1941, concerning his activities as physician selecting inmates of concentration camp Buchenwald for euthanasia. NO-1007 413 Circular from Gluecks to 862 concentration camp commandants, 27 April 1943, stating that in the future only insane prisoners should be used for Action “14 f 13” (euthanasia). NO-891 414 Directive of the Reich Minister of 863 the Interior, 6 September 1944, ordering euthanasia extended to insane Eastern workers. 1553-PS 428 Extract from the field interrogation 865 of Kurt Gerstein, 26 April 1945, describing the mass gassing of Jews and other “undesirables.” NO-365 507 Unsigned draft letter from Dr. 870 Wetzel to Rosenberg, 25 October 1941, dealing with Brack’s collaboration in the construction of gas chambers for the extermination of Jews.
Defense Documents
Doc. No. Def. Ex. No. Description of Documents Karl Brandt 18 Karl Brandt Ex. Extracts from the affidavit of Dr. 871 15 Werner Kirchert, 29 January 1947, stating that Karl Brandt was not involved in the Euthanasia Program. Karl Brandt 19 Karl Brandt Ex. Affidavit of Alfred Rueggeberg, 23 872 16 January 1947, concerning radio discussions on euthanasia. Karl Brandt 23 Karl Brandt Ex. Affidavit of Eduard Woermann, 18 873 19 January 1947, concerning discussion of Karl Brandt and Pastor Bodelschwingh on euthanasia. Pokorny 19 Pokorny Ex. 27 Affidavit of Dr. Helmuth Weese, 19 874 March 1947, concerning use of caladium seguinum for sterilization.
Testimony Page Extracts from the testimony of prosecution witness Dr. Mennecke 875 Extracts from the testimony of defendant Brack 876 Extract from the testimony of prosecution witness Walter E. Schmidt 890 Extracts from the testimony of defendant Karl Brandt 892
PARTIAL TRANSLATION OF DOCUMENT NO-426 PROSECUTION EXHIBIT 160
EXTRACT FROM THE AFFIDAVIT OF DEFENDANT BRACK, 14 OCTOBER 1946, DESCRIBING ADMINISTRATIVE DETAILS AND PROCEDURE OF THE EUTHANASIA PROGRAM
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The Euthanasia Program
4. The Euthanasia Program was initiated in the summer of 1939. Hitler issued a secret order to Professor Dr. Karl Brandt, Reich Commissioner for Medical and Health Matters, and at that time personal physician to the Fuehrer, and to Philipp Bouhler, charging them with responsibility for the killing of human beings who were unable to live, that is, the according of a mercy death to incurably insane persons. Prior to the issuance of this secret order, Bouhler had a conference with Dr. Brandt and Dr. Leonardo Conti, the Reich Chief for Public Health and State Secretary in the Ministry of Interior. On the basis of this order of Hitler, Bouhler and Brandt were to select doctors to carry out this program. Inasmuch as the insane asylums and other institutions were functions of the Ministry of Interior, Dr. Herbert Linden became the representative of the Ministry of Interior. Dr. Karl Brandt and Philipp Bouhler appointed Professor Dr. Heyde and Professor Dr. Nietsche along with several other medical men to aid in the execution of this Euthanasia Program.
5. Professor Dr. Karl Brandt was in charge of the medical section of the Euthanasia Program. In this capacity, as shown in the chart I have drawn, dated 12 September 1946, Dr. Karl Brandt appointed as his deputies Professor Heyde and Professor Nietsche. In charge of the administrative office under Brandt was first Herr Bohne and later Herr Allers. Three different names were used by Brandt’s section in order to disguise the activities of the organization. The names of the organization are as follows:
Reich Association—Mental Institutions.
Charitable Foundation for Institutional Care.
General Patient Transport Company.
6. In the early stages of this program, Dr. Karl Brandt visited Philipp Bouhler and discussed with him many details of this program. As a matter of fact, after such meetings between Brandt and Bouhler, I received many orders, more often from Bouhler than from Brandt directly.
7. In my capacity as Chief of Office II of Bouhler’s Chancellery, I was ordered to carry out the administrative details of the Euthanasia Program. My deputy was Werner Blankenburg, who eventually became my successor, that is, in the beginning of 1942 when I joined the Waffen SS. Von Hegener, Reinh, Vorberg, and Dr. Hevelmann were members of my staff.
8. In the Ministry of the Interior, Dr. Linden was in charge of the Euthanasia Program and his deputy was Ministerialrat Franke. The Department for Public Health in the Ministry of the Interior had authority over all insane asylums of the Reich, and in this position, my department as well as the office of Dr. Brandt maintained close liaison in order to operate this Euthanasia Program efficiently.
The Procedure
9. By order of Dr. Linden, the directors of all insane asylums in the Reich had to complete questionnaires for each patient in their institutions. These questionnaires were drafted by Bouhler, Heyde, Nietsche, and others in several of their many conferences. The questionnaires were then forwarded to the Ministry of the Interior to be distributed to the various insane asylums and similar institutions. Theoretically, Dr. Linden’s office had the questionnaires returned and then forwarded them to the administrative section of the office of Dr. Brandt. The program was so arranged that photostats of each questionnaire were to be sent to four experts consisting of about 10 to 15 doctors. I do not remember the names of all the members of this panel, but Dr. Pfannmueller, Dr. Schumann, Dr. Faltlhauser, and Dr. Rennaux are fresh in my memory in this connection. Each of these experts indicated by making a certain comment on the questionnaire whether or not the patient could be transferred to an observation institution and eventually killed. The questionnaire was then forwarded to a senior expert. According to the regulation, the senior expert was only entitled to order the transfer of the patient when all four experts voted for the transfer. This senior expert also marked the questionnaire and then submitted it to Dr. Linden who ordered the insane asylum to transfer the patient to one of the observation institutions. Offhand I can remember, among others, the names of the following observation institutions: Eglfing-Haar, Kempten, Jena, Buch, Arnsberg.
10. At these institutions the patients were under the observation of the doctor in charge for a period of 1 to 3 months. The physician had the right to exempt the patient from the program if he decided that the patient was not incurable. If he agreed with the opinion of the senior expert, the patient was transferred to a so-called Euthanasia Institution. I can recall the names of the Euthanasia Institutions—
Grafeneck—under Dr. Schuman.
Brandenburg—under Dr. Hennecke.
Hartheim—under Dr. Rennaux.
Sonnenstein—under Dr. Schmalenbach.
Hadamar—(I do not remember under whose leadership).
Bernburg—under Dr. Behnke or Dr. Becker.
In these institutions the patient was killed by means of gas by the doctor in charge. To the best of my knowledge, about fifty to sixty thousand persons were killed in this way from autumn 1939 to the summer of 1941.
11. The order issued by the Fuehrer to Brandt and Bouhler was secret and never published. The Euthanasia Program itself was kept as secret as possible, and for this reason, relatives of persons killed in the course of the program were never told the real cause of death. The death certificates issued to the relatives carried fictitious causes of death such as heart failure. All persons subjected to the Euthanasia Program did not have an opportunity to decide whether they wanted a mercy death, nor were their relatives contacted for approval or disapproval. The decision was purely within the discretion of the doctors. The program was not restricted to those cases in which the person was “in extremis”.
12. Hitler’s ultimate reason for the establishment of the Euthanasia Program in Germany was to eliminate those people confined to insane asylums and similar institutions who could no longer be of any use to the Reich. They were considered useless objects and Hitler felt that by exterminating these so-called useless eaters, it would be possible to relieve more doctors, male and female nurses, and other personnel, hospital beds and other facilities for the armed forces.
Reich Committee for Research on Hereditary Diseases and Constitutional Susceptibility to Severe Diseases
13. This committee, which was also a function of the Euthanasia Program, was an organization for the killing of children who were born mentally deficient or physically deformed. All physicians assisting at births, midwives, and maternity hospitals were ordered by the Ministry of Interior to report such cases to the office of Dr. Linden in the Ministry of Interior. Experts in the medical section of Dr. Brandt’s office were then ordered to give their opinion in each case. As a matter of fact, the complete file on each case was sent to the offices of Bouhler and Dr. Brandt in order to obtain their opinions and to decide the fate of each child involved. In many cases these children were to be operated upon in such a manner that the result was either complete recovery or death. Death resulted in a majority of these cases. The program was inaugurated in the summer of 1939. Bouhler told me that Dr. Linden had orders to obtain the consent of the parents of each child concerned. I do not know how long this program continued, since I joined the Waffen SS in 1942.
The Connection between the Euthanasia Program and SS Brigadefuehrer Globocnik
14. In 1941 I received an oral order to discontinue the Euthanasia Program. I received this order either from Bouhler or from Dr. Brandt. In order to preserve the personnel relieved of these duties and to have the opportunity of starting a new Euthanasia Program after the war, Bouhler requested, I think after a conference with Himmler, that I send this personnel to Lublin and put it at the disposal of SS Brigadefuehrer Globocnik. I then had the impression that these people were to be used in the extensive Jewish labor camps run by Globocnik. Later, however, at the end of 1942 or the beginning of 1943, I found out that they were used to assist in the mass extermination of the Jews, which was then already common knowledge in higher Party circles.
15. Among the doctors who assisted in the Jewish extermination program were Eberle and Schumann; Schumann performed medical experiments on prisoners in Auschwitz. It would have been impossible for these men to participate in such things without the personal knowledge and consent of Karl Brandt. The order to send these men to the East could have been given only by Himmler to Brandt, possibly through Bouhler.
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TRANSLATION OF DOCUMENT 615-PS PROSECUTION EXHIBIT 246
LETTER FROM DR. HILFRICH, BISHOP OF LIMBURG, TO THE REICH MINISTER OF JUSTICE, 13 AUGUST 1941, PROTESTING AGAINST THE KILLING OF MENTALLY ILL PEOPLE
The Bishop of Limburg Limburg/Lahm, 13 August 1941 To the Reich Minister of Justice Berlin
Regarding the report submitted on July 16 (sub. IV, pp. 6-7) by the Chairman of the Fulda Bishops’ Conference, Cardinal Dr. Bertram, I consider it my duty to present the following as a concrete illustration of destruction of so-called “useless life”.
About 8 kilometers from Limburg in the little town of Hadamar, on a hill overlooking the town, there is an institution which had formerly served various purposes and of late had been used as a nursing home. This institution was renovated and furnished as a place in which, by concensus of opinion, the above-mentioned euthanasia has been systematically practiced for months—approximately since February 1941. The fact is, of course, known beyond the administrative district of Wiesbaden because death certificates from the Hadamar-Moenchberg Registry are sent to the home communities. (Moenchberg is the name of this institution because it was a Franciscan monastery prior to its secularization in 1803.)
Several times a week busses arrive in Hadamar with a considerable number of such victims. School children of the vicinity know this vehicle and say: “There comes the murder-box again.” After the arrival of the vehicle, the citizens of Hadamar watch the smoke rise out of the chimney and are tortured with the ever-present thought of depending on the direction of the wind.
The effect of the principles at work here are that children call each other names and say, “You’re crazy; you’ll be sent to the baking oven in Hadamar.” Those who do not want to marry, or find no opportunity, say, “Marry, never! Bring children into the world so they can be put into the bottling machine!” You hear old folks say, “Don’t send me to a state hospital! When the feeble-minded have been finished off, the next useless eaters whose turn will come are the old people.”
All God-fearing men consider this destruction of helpless beings a crass injustice. And if anybody says that Germany cannot win the war, if there is yet a just God, these expressions are not the result of a lack of love for the Fatherland but of a deep concern for our people. The population cannot grasp the fact that systematic actions are carried out which in accordance with paragraph 211 of the German Penal Code are punishable with death. High authority as a moral concept has suffered a severe shock as a result of these happenings. The official notice that N. N. died of a contagious disease and, therefore, his body had to be burned, no longer finds credence, and official notices of this kind which are no longer believed have further undermined the ethical value of the concept of authority.
Officials of the Secret State Police, it is said, are trying to suppress discussion of the Hadamar occurrences by means of severe threats. In the interest of public peace, this may be well intended. But the knowledge, and the conviction, and the indignation of the population, cannot be changed by it; the conviction will be increased with the bitter realization that discussion is prohibited by threats, but that the actions themselves are not prosecuted under penal law.
Facta loquuntur.
I beg you most humbly, Herr Reich Minister, in the sense of the report of the Episcopate of 16 July of this year, to prevent further transgressions of the Fifth Commandment of God.
[Signed] DR. HILFRICH
I am submitting copies of this letter to the Reich Minister of the Interior and to the Reich Minister for Church Affairs.
[Initialed by the above]
PARTIAL TRANSLATION OF DOCUMENT NO-429 PROSECUTION EXHIBIT 281
EXTRACT FROM THE AFFIDAVIT OF DEFENDANT HOVEN, 24 OCTOBER 1946, CONCERNING THE TRANSFER OF CONCENTRATION CAMP INMATES TO EUTHANASIA STATIONS FOR EXTERMINATION
AFFIDAVIT
I, Waldemar Hoven, being duly sworn, depose and state:
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Transfer of Inmates to the Bernburg Euthanasia Station for Extermination
I became aware in 1941 that the so-called Euthanasia Program for the extermination of the mentally and physically deficient was being carried out in Germany. At that time, the camp commandant Koch called all the important SS officials of the camp together and informed them that he had received a secret order from Himmler to the effect that all mentally and physically deficient inmates of the camp should be killed. The camp commandant stated that higher authorities from Berlin had ordered that all the Jewish inmates of the Buchenwald concentration camp be included in this extermination program. In accordance with these orders 300 to 400 Jewish prisoners of different nationalities were sent to the euthanasia station at Bernburg for extermination. A few days later I received a list of the names of those Jews who were exterminated at Bernburg from the camp commandant and I was ordered to issue falsified death certificates. I obeyed this order. This particular action was executed under the code name “14 f 13”. I visited Bernburg on one occasion to arrange for the cremation of two inmates who died in the Wernigerode branch (Aussenkommando Wernigerode) of the Buchenwald concentration camp.
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TRANSLATION OF DOCUMENT 630-PS PROSECUTION EXHIBIT 330
LETTER FROM HITLER TO KARL BRANDT AND BOUHLER, 1 SEPTEMBER 1939, CHARGING THEM WITH THE EXECUTION OF EUTHANASIA
[Letterhead: A. HITLER]
Berlin, 1 September 1939
Reichsleiter Bouhler and Dr. Brandt, M. D., are charged with the responsibility of enlarging the authority of certain physicians to be designated by name in such a manner that persons who, according to human judgment, are incurable can, upon a most careful diagnosis of their condition of sickness, be accorded a mercy death.
[Signed] A. HITLER [Handwritten note] Given to me by Bouhler on 27 August 1940 [Signed] DR. GUERTNER
PARTIAL TRANSLATION OF DOCUMENT NO-1135 PROSECUTION EXHIBIT 334
CONFIRMATION, 30 AUGUST 1940, OF THE TRANSFER OF MENTAL PATIENTS WITH LIST OF TRANSFERRED PATIENTS ATTACHED
CONFIRMATION
In accordance with the decision of the State Ministry of the Interior (Public Health Division), dated 8 January 1940, on orders from the Reich Association of Mental Institutions [Reichsarbeitsgemeinschaft der Heil und Pflegeanstalten] and as responsible chief of the General Sick Transport Company G.m.b.H. [Gemeinnuetzige Krankentransport G.m.b.H.], I have taken charge of the transfer to a Reich institution of the patients enumerated in the list below.
Eglfing, 30 August 1940 [Signature illegible] Commissioner of General Sick Transport Company G.m.b.H.[110]
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TRANSFER MEMORANDUM FOR NIEDERNHART
Handed over were—
1. 149 patients with their own clothing, underwear, money, and belongings.
2. 149 files with personal records (case histories).
3. A list of the amount of money of each patient. A receipt was made out for this purpose.
4. A list of the names. Eglfing-Haar, 30-8-40
[Signed] Head Nurse LOTTE ZELL
TRANSLATION OF DOCUMENT 1696-PS PROSECUTION EXHIBIT 357
LETTER FROM DR. CONTI TO THE MENTAL HOSPITAL IN KAUFBEUREN, 16 NOVEMBER 1939, REQUESTING THAT QUESTIONNAIRES (ATTACHED) BE FILLED OUT FOR INDIVIDUAL PATIENTS; LETTER FROM THE GENERAL SICK TRANSPORT COMPANY TO THE MENTAL HOSPITAL IN KAUFBEUREN, 12 MAY 1941, STATING THAT THE COMPANY WOULD REMOVE MENTAL PATIENTS; REPORT FROM THE PROVINCIAL ASSOCIATION FOR SOCIAL WELFARE IN SWABIA, 6 MAY 1941, THAT ALL TRANSFERRED PATIENTS HAD DIED; LETTER FROM GAUM, 24 NOVEMBER 1942, TO DR. LEINISCH STATING THAT EPILEPTICS WOULD BE MADE AVAILABLE FOR RESEARCH
The Reich Minister of the Interior
Berlin, NW 40, Koenigsplatz 6, 16 November 1939 IV g 4178 /39-5100
Telephone: Dept. Z, I, II, V, VIII 11 00 27 Dept. II, IV, VI (Unter den Linden 72); 12 00 34 Tel. Address: Reichsinnenminister.
To the Head of the Hospital for Mental Cases Kaufbeuren or his deputy in Kaufbeuren.
With regard to the necessity for a systemized economic plan for hospitals and nursing institutions, I request you to complete the attached registration forms immediately in accordance with the attached instruction leaflet and to return them to me. If you yourself are not a doctor, the registration forms for the individual patients are to be completed by the supervising doctor. The completion of the questionnaires is, if possible, to be done on a typewriter. In the column “Diagnosis” I request a statement as exact as possible, as well as a short description of the condition, if feasible.
In order to expedite the work, the registration forms for the individual patients can be dispatched here in several parts. The last consignment, however, must arrive in any case at this Ministry at the latest by 1 January 1940. I reserve for myself the right, should occasion arise, to institute further official inquiries on the spot through my representative.
per proxi: DR. CONTI
Certified: (Sd.) [Illegible] Administrative Secretary.
Registration Form 1 To be typewritten Current No. Name of the Institution: At: Surname and Christian name of the patient: At birth Date of birth: Place: District: Last place of residence District: Unmarried, married, widow, widower, divorced: Religion: Race[111]: Previous profession: Nationality: Army service when? 1914-18 or from 1-9-39. War injury (even if no connection with mental disorder) Yes/No How does war injury show itself and of what does it consist?
Address of next of kin: Regular visits and by whom (address): Guardian or nurse (name, address): Responsible for payment: Since when in Institution Whence and when handed over: Since when ill: If has been in other institutions, where and how long: Twin? Yes/No Blood relations of unsound mind: Diagnosis: Clinical description (previous history, course, condition; in any case ample data regarding mental condition):
Very restless? Yes/No Bedridden? Yes/No Incurable physical illness: Yes/No (which) Schizophrenia: Fresh attack Final condition Good recovery Mental debility: Weak Imbecile Idiot Epilepsy: Psychological Average frequency of the attacks alteration Therapeutics (insulin, cardiazol, malaria, permanent result: Salvarsan, etc. when?) Yes/No Admitted by reason of par. 51, par. 42b German Penal Code, etc. through
Crime: Former punishable offenses: Manner of employment (detailed description of work): Permanent/Temporary employment, independent Worker? Yes/No Value of work (if possible compared with average performance of healthy person)
This space to be left blank.
Place, Date
Signature of the head doctor or his representative (doctors who are not psychiatrists or neurologists, please state same).
General Sick Transport Company, G.m.b.H. Dept. II/d, H/K
Berlin, W. 9, 12 May 1941 Potsdamer Platz 1.
To the Director of the Hospital of the District Association of Swabia, Kaufbeuren/Bavaria.
Dear Director,
By order of the Reich Defense Commissioner, I must remove mental cases from your institution and from the branch at Irrsee to another institution. A total of 140 persons are to be transported, 70 on 4 June and 70 on 5 June. I forward you herewith Transport Lists Nos. 8, 9, 10, and 11 in triplicate. The additional names on the lists are intended for possible deficits (discharged meanwhile, died, etc.).
The marking of the patients is most suitably done by means of a strip of adhesive tape, on which the name is written in indelible pencil, to be pasted between the shoulder blades. At the same time the name is to be put on an article of clothing.
The hospital reports and personal histories are to be prepared for the transportation and to be handed to our director of transport, Herr Kuepper; in the same way, the personal possessions of the patients, as well as money and articles of value.
I enclose property information cards and information cards as to the defrayer of the expenses, which must be completed accurately and handed in at the time of transportation. Money and articles of value, besides being noted on the property information cards, must also be noted on separate special lists (in duplicate).
Transportation takes place:
On 4 June, 8:46 a. m. from Kaufbeuren—70 patients
On 5 June, 8:46 a. m. from Kaufbeuren—70 patients
Our director of transport, Herr Kuepper, will visit you the previous day in order to discuss further details with you.
I further request you to provide the patients with food (2-3 slices of bread and butter each and some cans of coffee).
Heil Hitler! (sd) [Illegible] General Sick Transport Company, G.m.b.H.
PROVINCIAL ASSOCIATION FOR SOCIAL WELFARE SWABIA
Address: Augsburg 1, P. O. Box Regierungspraesident
Tel. No. 5842 Cashier’s Office: Principal Govt. Cashier’s Office Augsburg. Post Office check account: Munich No. 1624
Director Dr. Faltlhauser, of the Hospital, Kaufbeuren.
Your reference: 2080. Your letter of 13 November 1940.
Our reference: (must always be referred to).
II-B-7-2.
Augsburg, 6 May 1941
Concerning the transfer of patients.
I have the honor to inform you that the female patients transferred from your institution on 8 November 1940 to the institutions in Grafeneck, Bernburg, Sonnenstein, and Hartheim all died in November of last year.
[Signed] [Illegible]
Enclosures:
* * * * *
Copy
No. 5255 c 39 State Ministry of the Interior
Munich, 24 November 1942 to the Director of the Hospital, Kaufbeuren, Obermed. Rat Dr. Faltlhauser.
To: Chief Physician, Dr. W. Leinisch Guenzburg.
Re letter of 13-11-1942.
Dear Doctor,
In your letter of 13-11-1942 you requested me to send suitable epileptics for the carrying out of your research work. I had an opportunity to discuss this with the Obermedizinalraete Dr. Faltlhauser and Dr. Pfannmueller. Both will willingly deliver suitable patients to you. For various reasons patients from the Institution at Kaufbeuren are primarily to be chosen. If this institution has no suitable material, I agree to the transfer of patients from Eglfing-Haar to Guenzburg for your research work. I request that you get in touch with Dr. Faltlhauser.
Heil Hitler! [Signed] GAUM
PARTIAL TRANSLATION OF DOCUMENT 3896-PS PROSECUTION EXHIBIT 372
EXTRACT FROM THE AFFIDAVIT OF DR. LUDWIG SPRAUER, 23 APRIL 1946, CONCERNING THE ORGANIZATION OF THE EUTHANASIA PROGRAM
AFFIDAVIT
I, Dr. Ludwig Sprauer, born on 19 October 1884, now living at Konstanz, Baden, Salmannsweilergasse 2, make the following statement under oath:
I passed my state examination for medicine in Freiburg in 1907, and since 1919 was active in the civil service. During the following 14 years I was active as Bezirksarzt in Stockach, Oberkirch, Konstanz. I joined the NSDAP in 1933. From 1934 until 1944 I was the highest medical officer of Baden and held the title Ministerialrat. My highest superior was the Reich Minister of the Interior, Dr. Frick. As Frick’s subordinate I traveled several times, perhaps every 2 to 3 months to Berlin, to take part in discussions, conferences, etc., in the Reich Ministry of the Interior.
These took place in the Reich Ministry of the Interior, Berlin, Unter den Linden 72-74; later in the Reich Ministry of the Interior office on Voss-Strasse. On one such occasion in Berlin, Dr. Linden, Ministerialdirigent in the Reich Ministry of the Interior, stated that it was planned to introduce a euthanasia law. For military-political reasons to create more space, the incurably insane were to be done away with. The asylums thus vacated were in part asked for by the SS to be used for national political educational institutions.
A transportation company was founded for the execution of all these measures. This company worked hand in hand with the so-called Reich Committee for Research into Hereditary Ailments. This Reich concern was managed by Frick’s Ministerialdirigent Dr. Linden.
In the course of these measures from 1941 through 1944, thousands of persons were transferred from Baden’s asylums to places like Hadamar, Grafeneck, etc., and were killed there. The killings, however, were not solely confined to the mentally sick. In the course of the same campaign, steps were taken by order of the Reich Ministry of the Interior to eliminate particularly old but also young people who were ill.
The persons killed in the course of this program included not only those who were mentally sick, but also those who suffered from arteriosclerosis, tuberculosis, cancer, and other ailments. Most of those were older people who were inmates of public institutions at the state’s expense, and who in a respectable society would have been taken care of from public funds. These people were brought from public asylums in Baden to Hadamar, Grafeneck, and other asylums and killed there. In what manner they were killed, I do not know. In this way space was made available in the institutions for the armed forces and for the National Socialist educational institutions.
The whole program was camouflaged on the outside and falsified death certificates were made out.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NO-520 PROSECUTION EXHIBIT 374
LETTER FROM THE CHIEF OF THE INSTITUTION FOR FEEBLE-MINDED IN STETTEN TO DR. FRANK, 6 SEPTEMBER 1940, REQUESTING THAT EUTHANASIA BE CARRIED OUT ONLY AFTER LEGAL BASIS WAS CREATED
L. Schlaich, Stetten i. R. Chief of the Institution for Feeble-Minded and Epileptics. Stetten, i. R., 6 September 1940 To the Reich Minister of Justice, Dr. Frank Berlin
Dear Reich Minister,
The measures at present being taken with mental patients of all kinds have caused a complete lack of confidence in justice among large groups of the people. Without the consent of relatives or guardians, such patients are being transferred to different institutions. After a short time they are notified that the person concerned has died of some disease. In view of the abundance of death notices people are convinced that these sick people are being done away with.
Since from the institution under my direction altogether 150 of the patients entrusted to me are to be transferred to such an institution (75 on the 10th and 75 on the 13th of September) I take the privilege of asking: Is it possible for such a measure to be carried out without a pertinent law having been promulgated? Is it not the duty of every citizen to resist under all circumstances an act not justified by law, even forbidden by law, even if such acts are carried out by state agencies?
On account of the complete secrecy and camouflage under which the measures are carried out, not only are the wildest rumors circulating among the people (for example, that people unable to work on account of age or injuries received during the World War have also been done away with or are to be done away with), but it seems as if the selection of the persons concerned is performed in a wholly arbitrary manner.
If the state really wants to carry out the extermination of these or at least of some mental patients, shouldn’t a law be promulgated, which can be justified before the people—a law which would give everyone the assurance of careful examination as to whether he is due to die or entitled to live and which would also give the relatives a chance to be heard, in a similar way, as provided by the law for the Prevention of Hereditarily Affected Progeny?
With regard to the patients entrusted to the care of our institutions in the future, I urgently pray that everything possible be done to suspend the execution of this measure until a clear legal situation has been established.
Heil Hitler! [Signed] SCHLAICH
I have forwarded a copy of this letter by the same mail to the chief of the Reich Chancellery, Reichsminister Dr. Lammers.
TRANSLATION OF DOCUMENT NO-660 PROSECUTION EXHIBIT 377
NOTE BY SELLMER, 6 DECEMBER 1940, DESCRIBING THE METHOD OF SELECTION FOR EUTHANASIA
Subject: Mental Institutions
The following is for your personal information. Please destroy this sheet afterwards.
For some time the inmates of mental institutions have been visited by a commission which functions on orders from some very high office. The commission’s task is to find out which inmates should be selected for transport to certain other institutions. The commission bases its decision on the records of the institution. The patients who are then transferred are examined again in the institution designated by the commission and then the decision is made whether they should be released from their sufferings.
The body itself is cremated and the ashes are placed at the disposal of the relatives. Small mistakes in notifying are naturally always liable to occur, and in the future it will not be possible to avoid them. The commission itself is anxious to avoid all mistakes. I could give you further information but I would like to abstain from it and beg you to look me up when you visit the Gauleitung.
I believe that we National Socialists can welcome this action which is extraordinarily serious for the affected individual. I beg you, therefore, to oppose all rumors and grumblings with the necessary emphasis by representing our point of view in regard to these matters.
Nuernberg, 6 December 1940
Heil Hitler! [Signed] SELLMER Gaustabsamtsleiter [Stamp] National Socialist German Labor Party Gau Franconia
TRANSLATION OF DOCUMENT NO-018 PROSECUTION EXHIBIT 404
LETTER FROM HIMMLER TO BRACK, 19 DECEMBER 1940, REQUESTING THAT EUTHANASIA STATION GRAFENECK BE DISCONTINUED AND THAT MOTION PICTURES BE SHOWN TO DISPEL RUMORS
Top Secret 19 December 1940
SS Standartenfuehrer Viktor Brack Staff Leader at Reichsleiter Bouhler’s Office Berlin W 8
Dear Brack,
I hear there is great excitement on the Alb because of the Grafeneck Institution.
The population recognizes the gray automobile of the SS and think they know what is going on at the constantly smoking crematory. What happens there is a secret and yet is no longer one. Thus the worst feeling has arisen there, and in my opinion there remains only one thing, to discontinue the use of the institution in this place and in any event disseminate information in a clever and sensible manner by showing motion pictures on the subject of inherited and mental diseases in just that locality.
May I ask for a report as to how the difficult problem is solved?
Heil Hitler! [Initialled] H[EINRICH] H[IMMLER]
TRANSLATION OF DOCUMENT NO-842 PROSECUTION EXHIBIT 405
LETTER FROM BRACK TO DR. SCHLEGELBERGER[112], 18 APRIL 1941, FORWARDING FORMS FOR EUTHANASIA AND SUGGESTING THAT DEATH NOTIFICATIONS SHOULD NOT FOLLOW A STEREOTYPED FORM
Viktor Brack Oberdienstleiter Berlin, 18 April 1941 [Stamp] 21 [Penciled] 26 April 1941 Dept: [Illegible] [Handwritten] Gg. Strictly Confidential My dear Party comrade Dr. Schlegelberger, [Handwritten] Top Secret
According to agreement I send you herewith a folder with forms needed for your ascertainment and partial medical preparation; also another folder with forms for further clerical elaboration resulting from the death of the patient.[113] The records are secret, however, and I would appreciate if you would keep them under lock and key. Some more things are, of course, necessary for proper recording and administrative routine, but I do not believe that they are of any interest to you. Thereto belong, for instance, the death notifications to the relatives of the patient. These are to be kept somehow different according to the district and kind of relatives; they must be altered frequently to avoid stereotype texts and therefore a sample letter would only irritate. I would like to call your attention especially to the card files Nos. 13 and 14. On their reverse sides you will find a list of authorities to be informed.
When again reviewing the files which you put at my disposal, I found some details which ought to be clarified and settled; I would be grateful to you for doing so. Therefore, I shall forward them to you separately on Monday or Tuesday next week.
Heil Hitler! Respectfully yours [Signed] BRACK
PARTIAL TRANSLATION OF DOCUMENT NO-158 PROSECUTION EXHIBIT 410
LETTER FROM HIRCHE, ADMINISTRATOR OF THE MENTAL INSTITUTION BERNBURG, TO CAMP COMMANDANT OF THE GROSS-ROSEN CONCENTRATION CAMP, 19 MARCH 1942, WITH LIST OF INMATES TRANSFERRED FROM THE CONCENTRATION CAMP TO BERNBURG
Mental Institution, Bernburg Bernburg, 19 March 1942 Reference: B e. vH. Box 266 Consultation only by appointment
To [Stamp] Camp Commandant Concentration Camp Gross-Rosen Concentration Camp Administration Gross-Rosen Received: 23 March 1942 Initials [Illegible]
Registered Subject: Transport of 19 March 1942
Enclosed you will find a list of the camp inmates who arrived here on 19 March 1942 from your concentration camp.
Heil Hitler! [Signed] HIRCHE
1 Enclosure
* * * * *
List of the camp inmates transferred on 19 March 1942 from the Gross-Rosen concentration camp to Bernburg
139/K1. 19-3-1942 Bernburg (Gross-Rosen) [Signed] [Signed]
[Signed] [Signed]
1942 26746 10423 BIER, Rudolf Koeln 2.11.1901 divorced 19.3. 26747 10424 BECKERS, Herm Hamburg 18.9.1923 single 19.3. 26748 10444 BAJGELMANN, Isaak Czenstochau 4.8.1909 single 19.3. 26749 10412 COHEN, Arthur Isr Dellwig-Westf. 15.8.1908 single 19.3. 26750 10468 ECKHAUS, Herm Berlin C 2, 1.12.1922 single 19.3. 26751 10395 EDEL, Gerh. Isr Nakel, 30.5.1914 single 19.3. 26752 10440 EISNER, Otto Bochtitz 26.4.1910. divorced 19.3. 26753 10439 FLEISCHNER, Rich Kolin/Elbe 20.12.1902 married 19.3. 26754 10438 FRIED, Hans, Isr Budweis 8.3.1919 single 19.3. 26755 10450 HAASE, Siegfried Schoenlanke 3.8.1920 single 19.3. 26756 10436 HAUSER, Max Kastel 15.12.1908 single 19.3. 26757 10394 HECHT, Jacob, Isr Hamburg-Altona 18.10.1896 single 19.3. 26758 10410 LUBNICKI, Jacob Wuppertal/Elberf. 28.6.1918 single 19.3. 26759 10409 MARKUSE, Esriel Warschau 14.3.1897 widower 19.3. 26760 10470 NACHMANN, Erich Ulm/D. 6.10.1907 married 19.3. 26761 10406 POLLAK, Heinr Lemberg 30.9.1904 married 19.3. 26762 10517 PUFE, Otto Osternburg 16.3.1917 single 19.3. 26763 10421 ROSENBAUM, Otto Isr Muehlheim/Ruhr 2.6.1894 married 19.3. 26764 10486 ROBALEWSKI, Leo Kl. Tarpen 15.12.1915 single 19.3. 26765 10595 ROSE, Reinhold Cochelna 4.5.1907 single 19.3. 26766 10579 REKEL, Josef Tarnow 10.1.1909 single 19.3. 26767 10405 ROUBICEK, Karl Horovice/Boehmen 16.6.1906 single 19.3. 26768 10577 RWASKI, Wladislaus Kszywystock 19.6.1919 single 19.3. 26769 10509 ROST, Hans Willi Apolda/Weimar 15.7.1920 single 19.3. 26770 10606 SCHUENSMANN, Wilh Wittenberge 23.8.1892 widower 19.3. 26771 10576 SKRATAK, Viktor Stazow 5.3.1909 married 19.3. 26772 10575 SMIGIELSKI, Stanislaus Coloneg 25.10.1918 single 19.3. 26773 10425 SOMMER, Arthur Isr. Frankfurt/M. 4.12.1900 single 19.3. 26774 10578 SIKORSKI, Stanislaw Lublin 27.1.192 single 19.3. 26775 10488 SOMMER, Wenzel Litzmannstadt 7.8.1907 married 19.3. 26776 10404 SEITMANN, Simon Warschau 17.12.1896 widower 19.3. 26777 10594 SARBACH, Heinz Erfurt 28.4.1921 single 19.3. 26778 10483 SCHROFF, Karl Reilingen/ Baden 11.6.1910 single 19.3. 26779 10484 SCHILLING, Aug Rake/Wohlau 9.3.1896 single 19.3. 26780 10516 SCHUELER, Manfred Sonneberg/ Thuer. Richard 17.9.21 single 19.3. 26781 10487 SCHMIDT, Johann Nuernberg 8.4.1900 divorced 19.3. 26782 10426 SCHINDLER, Ernst Isr. Sandhofen/Mannh. 7.6.1906 single 19.3. 26783 10427 SPIRA, Alfred Wien, 20.11.1908 single 19.3. 26784 10454 STERN, Zudik Rozniatow 28.9.1908 married 19.3. 26785 10485 STUKA, Wladimir Maehr. Sternberg 8.2.1907 married 19.3. 26786 10453 WEINBERGER, Erich, Isr. Wien 16.6.1916 single 19.3. 26787 10452 WEISZ, Ignaz Munkatesh/Ungarn 30.6.1914 single 19.3. 26788 10503 WALLZAK, Theophil Hohensalza 19.4.1907 single 19.3. 26789 10512 WELSER, Karl Pilgram/Prot. 10.11.1918 single 19.3. 26790 10505 WALCZYK, Josef Bokow 24.2.1908 married 19.3. 26791 10461 WUTKOWSKI, Willi Max Graudenz 16.4.1902 divorced 19.3. 25792 10506 WOZNICZKA, Ignac Kadziak 8.7.1916 single 19.3. 26793 10504 WASOLOWSKI, Marian Markstaedt 29.11.1909 single 19.3. 26794 10507 WENDOLOWSKI, Josef Warschau 7.1.1912 single 19.3. 26795 10604 WOLF, Karl Ged 10.5.1903 single 19.3. 26796 10595 ZBYTNIEWSKI, Zymunt Czekarzowice 1.1.1905 single 19.3. 26797 10592 ZBYTNIEWSKI, Zdzislaw Czekarzowice 2.3.1910 married 19.3. 26798 10502 ZUCHOWSKI, Felike Lietzendorf/W. 2.8.18. married 19.3. 26799 10565 ZIMMERMANN, Willi Dortmund 10.2.1917 single 19.3. 26800 10521 ZDYBIK, Wladislaus Borownica 5.4.1915 single 19.3. 26801 10480 ZIELKE, Karl Butow 4.2.1904 married 19.3. 26802 10422 BIRNBERG, Markus Kolomea 5.10.03 divorced 19.3.
PARTIAL TRANSLATION OF DOCUMENT NO-907 PROSECUTION EXHIBIT 412
EXTRACT FROM LETTER FROM DR. FRITZ MENNECKE TO HIS WIFE, 25 NOVEMBER 1941, CONCERNING HIS ACTIVITIES AS PHYSICIAN SELECTING INMATES OF CONCENTRATION CAMP BUCHENWALD FOR EUTHANASIA
Letter No. 8
Weimar, 25 November 1941, Hotel Elephant 2058 hours
At 7 o’clock tomorrow morning we will be awakened. At about 8 o’clock we will have our coffee and then we will drive out in Schmalenbach’s car, but he himself will soon leave for Dresden again. On Thursday and Friday a meeting will be held in Pirna in connection with the action in which problems of the future will be discussed and in which Schmalenbach will take part as the medical adjutant of Herr Brack (Jennerwein). No experts will be present * * *. The first working day at Buchenwald is over. At 8:30 this morning we were out there. At first I introduced myself to the authoritative leaders. The deputy of the camp commandant is SS Hauptsturmfuehrer Florstaedt; camp physician is SS Obersturmfuehrer Dr. Hoven. At first another 40 reports of a first portion of Aryans had to be completed. The two other colleagues worked on these yesterday already. Out of these 40 I worked up about 15. After this whole portion had been worked up, Schmalenbach left for Dresden. He will not return until our work here is done. Following this, the “examination” of the patients was carried out, i. e., a presentation of the individuals and a comparison with the entries taken from the files. We did not finish this work until noon, because the other two colleagues worked only in theory yesterday, so that I had to “re-examine” those whom Schmalenbach (and I myself this morning) had prepared and Mueller did his people. At 12 o’clock we stopped for lunch * * *.
Afterwards we continued our examination until about 4 o’clock. I myself examined 105 patients, Mueller 78 patients, so that finally a total of 183 reports were ready as a first group. As a second group a total of 1,200 Jews followed, all of whom do not need to be “examined”, but where it is sufficient to take the reasons for their arrest from the files (often very voluminous!) and to transfer them to the reports. Therefore, it is merely theoretical work which will certainly keep us busy until next Monday inclusive, perhaps even longer. Of this second group (Jews), we completed today. I myself did 17, and Mueller 15. At 5 o’clock sharp, “we threw away the trowel” and went for supper * * *.
Exactly as the day I described above, the following days will pass—with exactly the same program and the same work. After the Jews, another 300 Aryans follow as a third group who will again have to be “examined”. Therefore, we are busy here until the end of next week. Then on Saturday, 6 December, we shall go home.
* * * * *
TRANSLATION OF DOCUMENT NO-1007 PROSECUTION EXHIBIT 413
CIRCULAR FROM GLUECKS TO CONCENTRATION CAMP COMMANDANTS, 27 APRIL 1943, STATING THAT IN THE FUTURE ONLY INSANE PRISONERS SHOULD BE USED FOR ACTION “14 F 13” (EUTHANASIA)
SS Economic and Administrative Main Office Division Chief D Concentration Camps D I/1/File No.: 14 f 13/L/S.— Secret Journal No. 612/43
Oranienburg, 27 April 1943. Subject: Action 14 f 13 in Concentration Camps.
Re: Our Order—D I/1/File No. 14 f 13/Ot/S.—Secret Diary No.
32/43 of 15 January ’43. Enclosures: None.
[Stamp] Top Secret ——th copy
To the Camp Commanders of the Concentration Camps Dachau, Sachsenhausen, Buchenwald, Mauthausen, Flossenbuerg, Neuengamme, Auschwitz, Gross-Rosen, Natzweiler, Stutthof, Ravensbrueck, Riga, Hertogenbosch, Lublin, and Bergen-Belsen.
Copy to: Chief of Amt DII, III in the building.
The Reich Leader SS and Chief of the German Police has decreed that in future only insane prisoners can be selected for the Action 14 f 13 by the medical commissions appointed for this purpose.
All other prisoners unfit for work (persons suffering from tuberculosis, bedridden invalids, etc.) are definitely to be excluded from this action. Bedridden prisoners are to be given suitable work which can be performed in bed.
The order of the Reich Leader SS must be strictly observed in the future.
Requests for gasoline for this purpose will therefore be discontinued.
[Signed] GLUECKS SS Brigadefuehrer and Generalmajor of the Waffen SS
TRANSLATION OF DOCUMENT NO-891 PROSECUTION EXHIBIT 414
DIRECTIVE OF THE REICH MINISTER OF THE INTERIOR, 6 SEPTEMBER 1944, ORDERING EUTHANASIA EXTENDED TO INSANE EASTERN WORKERS
Reich Minister of the Interior Berlin, 6 September 1944 g 9255/44 To: a. The Reich Governor [Reichsstatthalter] (State government) b. The Oberpraesidenten (administration of the provincial association) c. The County Presidents d. The Police President in Berlin e. The Lord Mayor [Oberbuergermeister] of the Reich capital Berlin.
Re: Mentally insane Eastern workers and Poles—Circular decrees of the Reich Minister of the Interior of—A g 9255/44-5100—.
1. Due to the considerable number of Eastern workers and Poles brought into the German Reich for employment, the assignment of mental cases among them to German asylums is constantly increasing. The purpose of such assignments must be in any case the speediest possible recovery to working ability. Thus every means of modern therapy must also be applied to those mentally insane people. But due to lack of space in German institutions there can be no justification for patients who are considered incurable and, therefore, unable to work again in a reasonably short time to remain permanently or for a long time in German institutions. In order to avoid this, the following is ordered:
2. In the following list I have established for each district in the Reich a collective list for incurable mentally insane Eastern workers and Poles. They should be assigned to those institutions immediately if possible. If this is impossible due to urgency or to transportation difficulties, the institution in question should deliver their Eastern or Polish patients to the collecting institution in their respective district within one month at the most. It is not necessary to carry out the removal if the patient is considered able to leave the institution within 6 weeks at the latest.
3. It is the task of the collecting institution to decide whether the restoration of working ability might be considered within a reasonable period of time.
4. The expenses from the date of registration in the collecting institution are to be taken over by the head of the Central Financial Clearing Office of the sanatorium in Linz/Upper Danube, P. O. Box 324, which has to be informed immediately of such assignments. The fixed rate for patients of the general class will be paid to the institutions. The Eastern workers and Poles already assembled in collecting institutions are to be reported on a list immediately to the Central Financial Clearing Office. The expenses for those patient are transferred as from 1 October 1944 to the Central Accounts Office.
5. After 4 weeks, at the latest, of the registration in the collecting institution a short report on the prognosis of the case and on the question of working ability has to be sent to the head of the Central Financial Clearing Office. It is the task of that office to direct the transportation of patients from the collecting institutions to nearby special asylums in their home district.
6. Only those people are to be considered as Poles who were brought into the Reich for employment. This decree does not apply to the local Polish population.
7. The leaders of mental institutions in the districts, etc., are to be informed by their superior officials, and the leaders of welfare and private institutions by their competent higher administrative authorities. The required copies are enclosed herewith.
List of the collecting institutions
1. For East Prussia, Danzig, and West Prussia and Wartheland: Mental Institution Tiegenhof.
2. For Upper and Lower Silesia and the Sudetengau: Mental Institution Lueben.
3. For Pomerania, Mecklenburg, Kurmark, and Berlin: Mental Institution Landsberg-Warthe.
4. For Schleswig-Holstein and Hamburg: Mental Institution Schleswig.
5. For Bremen, Weser-Ems, Hanover-East, Hanover-South, and Brunswick: Mental Institution Lueneburg.
6. For the Rhine province, Westphalia, and Lippe: Mental Institution Bonn.
7. For Baden, Westmark, Wuerttemberg, and Hohenzollern: Mental Institution Schussenried.
8. For Bavaria: Mental Institution Kaufbeuren.
9. For Kurhesse, Nassau, and Land Hesse: Mental Institution Hadamar.
10. For Thuringia-Land and Province Saxony, Anhalt: Mental Institution Pfaffenrode.
11. For the Alps [Alpen] and Danube districts: Mental Institution Mauer-Oehling.
BY ORDER:
Wiesbaden, 11 September 1944 Landeshaus
11_a_ One copy to the County Mental Institution, Eichberg.
With the request to acknowledge and to take further steps.
BY ORDER: LANDESRAT
PARTIAL TRANSLATION OF DOCUMENT 1553-PS PROSECUTION EXHIBIT 428
EXTRACT FROM THE FIELD INTERROGATION OF KURT GERSTEIN, 26 APRIL 1945, DESCRIBING THE MASS GASSING OF JEWS AND OTHER “UNDESIRABLES”
Deposition of Kurt Gerstein
* * * * *
Hearing of the massacres of idiots and insane people at Grafeneck, Hadamar, etc., shocked and greatly affected me, having such a case in my family. I had but one desire—to gain an insight into this whole machinery and then to shout it to the whole world! With the help of two references written by the two Gestapo employees who had dealt with my case, it was not difficult for me to enter the Waffen SS.
From March 10 to June 2, 1941, I was given elementary instruction as a soldier at Hamburg-Langehorn, Arnhem, and Oranienburg, together with 40 doctors. Because of my twin studies—technology and medicine—I was ordered to enter the medical-technology branch of the SS Fuehrungshauptamt (SS Operational Main Office)—Medical Branch of the Waffen SS—Amtsgruppe D (Division D), Hygiene Department. Within this branch, I chose for myself the job of immediately constructing disinfecting apparatus and filters for drinking water for the troops, the prison camps, and the concentration camps. My close knowledge of the industry caused me to succeed quickly where my predecessors had failed. Thus, it was possible to decrease considerably the death toll of prisoners. On account of my successes, I very soon became lieutenant. In December 1941 the tribunal which had decreed my exclusion from the NSDAP obtained knowledge of my having entered the Waffen SS. Considerable efforts were made to remove and to persecute me but, due to my successes, I was declared sincere and indispensable.
In January 1942 I was appointed chief of the technical branch of disinfection, which also included the branch dealing with strong poison gases for disinfection. On 8 June 1942 SS Sturmbannfuehrer Guenther of the RSHA entered my office. He was in plain clothes and I did not know him. He ordered me to get a hundred kilograms of prussic acid and to accompany him to a place which was only known to the driver of the truck. We left for the potassium factory near Collin (Prague). Once the truck was loaded, we left for Lublin (Poland). We took with us Professor Pfannenstiel, Professor for Hygiene at the University of Marburg on the Lahn. At Lublin, we were received by SS Gruppenfuehrer Globocnik. He told us, “This is one of the most secret matters there are, even the most secret. Whoever talks of this shall be shot immediately. Yesterday, two talkative men died.” Then he explained to us that at the present moment—17 August 1942—there were three installations:
1. Belcec, on the Lublin-Lvov road, in the sector of the Russian demarcation line. Maximum 15,000 persons a day. Seen!
2. Sobiber, I do not know exactly where it is located. Not seen. 20,000 persons per day.
3. Treblinka, 120 kilometers NNE of Warsaw. 25,000 persons per day. Seen!
4. Maidanek, near Lublin. Seen—in the state of preparation.
Globocnik then said: “You will have to handle the sterilization of very large quantities of clothes, 10 or 20 times the amount of the clothing and textile collection, which is only arranged in order to conceal the source of these Jewish, Polish, Czech, and other clothes. Your other duties will be to change the method of our gas chambers (which are run at the present time with the exhaust gases of an old Diesel engine), using more poisonous material, having a quicker effect: prussic acid. But the Fuehrer and Himmler, who were here on August 15, the day before yesterday, ordered that I personally should accompany all those who are to see the installations.”
Then Professor Pfannenstiel asked: “What does the Fuehrer say?” Then Globocnik, now Chief of Police and SS, from the Adriatic Riviera to Trieste, answered: “Quicker, quicker! Carry out the whole program!” And then Dr. Herbert Linden, Ministerialdirektor in the Ministry of the Interior said: “But would it not be better to burn the bodies instead of burying them? A future generation might think differently of these matters!” * * * Globocnik replied: “But, gentlemen, if after us such a cowardly and rotten generation should arise that it does not understand our work which is so good and so necessary, then, gentlemen, all National Socialism will have been for nothing. On the contrary, bronze plaques should be put up with the inscription that it was we, we who had the courage to achieve this gigantic task. And Hitler said: ‘Yes, my good Globocnik, that is the word, that is my opinion, too.’”
The next day we left for Belcec, a small special station of two platforms against a hill of yellow sand, immediately to the north of the Lublin-Lvov road and railway. To the south, near the road were some service houses with a signboard: “Belcec, Service Center of the Waffen SS.” Globocnik introduced me to SS Hauptsturmfuehrer Obermeyer from Pirmasens, who with great restraint showed me the installations. No dead were to be seen that day but the smell of the whole region, even from the main road, was pestilential. Next to the small station there was a large barrack marked “Cloakroom,” and a door marked “Valuables.” Next to that, a chamber with a hundred “barber’s” chairs. Then came a corridor, 150 meters long, in the open air and with barbed wire on both sides. There was a signboard: “To the baths and inhalations”! Before us we saw a house, like a bathhouse, with concrete troughs to the right and left containing geraniums or other flowers. After climbing a small staircase, we came to 3 garage-like rooms on each side, 4 × 5 meters in size and 1.90 meters high. At the back were invisible wooden doors. On the roof was a Star of David made out of copper. At the entrance to the building was the inscription, “Heckenholt Foundation.” That was all I noticed on that particular afternoon.
Next morning, a few minutes before 7, I was informed that in 10 minutes the first train would arrive. And indeed, a few minutes later the first train came in from Lemberg [Lvov]; 45 cars, containing 6,700 persons, 1,450 of whom were already dead on arrival. Behind the little barbed-wire openings were children, yellow, half scared to death, women, and men. The train stopped; 200 Ukrainians, forced to do this work, opened the doors and drove all the people out of the coaches with leather whips. Then, through a huge loud-speaker, instructions were given to them to undress completely and to hand over false teeth and glasses—some in the barracks, others right in the open air. Shoes were to be tied together with a little piece of string handed to everyone by a small Jewish boy of 4 years of age; all valuables and money were to be handed in at the window marked “Valuables”, without receipt. Then the women and girls were to go to the hairdresser who cut off their hair in one or two strokes, after which it vanished into huge potato bags “to be used for special submarine equipment, door mats, etc.”, as the SS Unterscharfuehrer on duty told me.
Then the march began. To the right and left, barbed wire; behind, two dozen Ukrainians with guns. Led by a young girl of striking beauty they approached. With Police Captain Wirth, I stood right in front of the death chambers. Completely naked, they marched by, men, women, girls, children, babies, even one-legged persons, all of them naked. In one corner, a strong SS man told the poor devils in a strong deep voice: “Nothing whatever will happen to you. All you have to do is to breathe deeply; it strengthens the lungs. This inhalation is a necessary measure against contagious diseases; it is a very good disinfectant!” Asked what was to become of them, he answered: “Well, of course the men will have to work, building streets and houses. But the women do not have to. If they wish they can help in the house or the kitchen.” Once more, a little bit of hope for some of these poor people, enough to make them march on without resistance to the death chambers. Most of them, though, knew everything, the smell had given them a clear indication of their fate. And then they walked up the little staircase—and behold the picture: Mothers with babies at their breasts, naked, lots of children of all ages, naked too; they hesitate, but they enter the gas chambers, most of them, without a word, pushed by the others behind them, chased by the whips of the SS men. A Jewess of about 40 years of age, with eyes like torches, calls down the blood of her children on the heads of their murderers. Five lashes in her face, dealt by the whip of Police Captain Wirth himself, drive her into the gas chamber. Many of them say their prayers; others ask, “Who will give us the water for our death?” Within the chambers, the SS press the people closely together; Captain Wirth had ordered “Fill them up full.” Naked men stand on the feet of the others. 700-800 crushed together on 25 square meters, in 45 cubic meters! The doors are closed!
Meanwhile the rest of the transport, all naked, waited. Somebody said to me: “Naked, in winter! Enough to kill them!” The answer was: “Well, that’s just what they are here for!” And at that moment I understood why it was called the Heckenholt Foundation. Heckenholt was the man in charge of the Diesel engine, the exhaust gases of which were to kill these poor devils. SS Unterscharfuehrer Heckenholt tried to set the Diesel engine going, but it would not start! Captain Wirth came along. It was obvious that he was afraid because I was a witness of this breakdown. Yes, indeed, I saw everything and waited. Everything was registered by my stop watch. 50 minutes—70 minutes—the Diesel engine did not start! The people waited in their gas chambers—in vain. One could hear them cry. “Just as in a synagogue,” says SS Sturmbannfuehrer Professor Dr. Pfannenstiel, Professor for Public Health at the University of Marburg/Lahn, holding his ear close to the wooden door! Captain Wirth, furious, dealt the Ukrainian who was helping Heckenholt 11 or 12 lashes in the face with his whip. After 2 hours and 49 minutes—as registered by my stop watch—the Diesel engine started. Up to that moment the people in the four chambers already filled were still alive—4 times 750 persons in 4 times 45 cubic meters! Another 25 minutes went by. Many of the people, it is true, were dead by that time. One could see that through the little window as the electric lamp revealed for a moment the inside of the chamber. After 28 minutes only a few were alive. After 32 minutes all were dead! From the other side, Jewish workers opened the wooden doors. In return for their terrible job, they had been promised their freedom and a small percentage of the valuables and the money found. The dead were still standing like stone statues, there having been no room for them to fall or bend over. Though dead, the families could still be recognized, their hands still clasped. It was difficult to separate them in order to clear the chamber for the next load. The bodies were thrown out blue, wet with sweat and urine, the legs covered with excrement and menstrual blood. Everywhere among the others were the bodies of babies and children. But there is no time!—Two dozen workers were busy checking the mouths, opening them with iron hooks—“Gold on the left, no gold on the right!” Others checked anus and genitals to look for money, diamonds, gold, etc. Dentists with chisels tore out gold teeth, bridges, or caps. In the center of everything was Captain Wirth. He was on familiar ground here. He handed me a large tin full of teeth and said: “Estimate for yourself the weight of gold! This is only from yesterday and the day before! And you would not believe what we find here every day! Dollars, diamonds, gold! But look for yourself!” Then he led me to a jeweler who was in charge of all these valuables. After that they took me to one of the managers of the big store, Kaufhaus des Westens, in Berlin, and to a little man whom they made play the violin. Both were chiefs of the Jewish worker units. “He is a captain of the Royal and Imperial Austrian Army, and has the German Iron Cross 1st Class,” I was told by Hauptsturmbannfuehrer Obermeyer.
The bodies were then thrown into large ditches about 100 × 20 × 12 meters located near the gas chambers. After a few days the bodies would swell up and the whole contents of the ditch would rise 2-3 meters high because of the gases which developed inside the bodies. After a few more days the swelling would stop and the bodies would collapse. The next day the ditches were filled again, and covered with 10 centimeters of sand. A little later, I heard, they constructed grills out of rails and burned the bodies on them with Diesel oil and gasoline in order to make them disappear. At Belcec and Treblinka nobody bothered to take anything approaching an exact count of the persons killed. Actually, not only Jews, but many Poles and Czechs, who, in the opinion of the Nazis, were of bad stock, were killed. Most of them died anonymously. Commissions of so-called doctors, who were actually nothing but young SS men in white coats, rode in limousines through the towns and villages of Poland and Czechoslovakia to select the old, tubercular, and sick people and have them done away with shortly afterwards in the gas chambers. They were the Poles and Czechs of category No. III, who did not deserve to live because they were unable to work. Police Captain Wirth asked me not to propose any other kind of gas chamber in Berlin, but to leave everything the way it was. I lied—as I did in each case all the time—and said that the prussic acid had already deteriorated in shipping and had become very dangerous, that I was therefore obliged to bury it. This was done right away. The next day, Captain Wirth’s car took us to Treblinka, about 75 miles NNE of Warsaw. The installations of this death center scarcely differed from those at Belcec, but they were even larger. There were eight gas chambers and whole mountains of clothes and underwear about 35-40 meters high. Then a banquet was given in our “honor,” attended by all the employees of the institution. The Obersturmbannfuehrer, Professor Pfannenstiel, Hygiene Professor at the University of Marburg/Lahn, made a speech: “Your task is a great duty, a duty useful and necessary.” To me alone he talked of this institution in terms of “beauty of the task”; “humane cause”; and speaking to all of them he said: “Looking at the bodies of these Jews, one understands the greatness of your good work!”
* * * * *
TRANSLATION OF DOCUMENT NO-365 PROSECUTION EXHIBIT 507
UNSIGNED DRAFT LETTER FROM DR. WETZEL TO ROSENBERG, 25 OCTOBER 1941, DEALING WITH BRACK’S COLLABORATION IN THE CONSTRUCTION OF GAS CHAMBERS FOR THE EXTERMINATION OF JEWS
“Draft” [penciled notation]
Reich Ministry for the Occupied Territories Referent AGR. Dr. Wetzel Berlin, 25 October 1941 Secret Re: Solution of the Jewish Question. To the Reich Commissioner for the East.
Re: Your Report of 4 October 1941 Concerning Solution of the Jewish Question.
Referring to my letter of 18 October 1941, you are informed that Oberdienstleiter Brack of the Chancellery of the Fuehrer has declared himself ready to collaborate in the manufacture of the necessary shelters as well as the gassing apparatus. At the present time, the apparatus in question are not on hand in the Reich in sufficient number; they will first have to be manufactured. Since in Brack’s opinion the manufacture of the apparatus in the Reich will cause more difficulty than if manufactured on the spot, Brack deems it most expedient to send his people directly to Riga, especially his chemist Dr. Kallmeyer, who will have everything further done there. Oberdienstleiter Brack points out that the process in question is not without danger, so special protective measures are necessary. Under these circumstances, I beg you to turn to Oberdienstleiter Brack, in the Chancellery of the Fuehrer, through your Higher SS and Police Leader, and to request the dispatch of the chemist Dr. Kallmeyer, as well as of further aides. I draw attention to the fact that Sturmbannfuehrer Eichmann, the Referent for Jewish questions in the RSHA, is in agreement with this process. On information from Sturmbannfuehrer Eichmann, camps for Jews are to be set up in Riga and Minsk to which Jews from the old Reich territory may possibly be sent. At the present time, Jews being deported from the old Reich are to be sent to Litzmannstadt [Lodz], but also to other camps, to be later used as labor in the East, so far as they are able to work.
As affairs now stand, there are no objections against doing away with those Jews who are not able to work—with the Brack remedy. In this way occurrences would no longer be possible such as those which, according to a report presently before me, took place at the shooting of Jews in Vilna [Vilnyus] and which, considering that the shootings were public, were hardly excusable. Those able to work, on the other hand, will be transported to the East for labor service. It is self-understood that among the Jews capable of work, men and women are to be kept separate.
I beg you to advise me regarding your further steps.
“N. d. H. M.” [Lightly penciled notation, meaning copy for the Minister.] “Wet 25/10” [in ink]
PARTIAL TRANSLATION OF DOCUMENT KARL BRANDT 18 KARL BRANDT DEFENSE EXHIBIT 15
EXTRACTS FROM THE AFFIDAVIT OF DR. WERNER KIRCHERT, 29 JANUARY 1947, STATING THAT KARL BRANDT WAS NOT INVOLVED IN THE EUTHANASIA PROGRAM
* * * * *
As a former medical officer of the Waffen SS, I had in 1939 a clinical assignment as medical assistant in the University Clinic of the Charité in Berlin. In September 1939 Reich Physician SS Dr. Grawitz summoned me and asked me to make a list of the German lunatic asylums and the number of their inmates, based on the data in the Reich medical calendar. The reason, I was told, was the fact that, due to the evacuation of the West Wall zone, the inmates had to be transferred to other asylums. After I had finished compiling the list and had handed it in, Grawitz sent me to Dr. Hevelmann at the Chancellery of the Fuehrer. There I learned that it was actually a matter of euthanasia of the insane, and that the transfer was only a pretext. It was pointed out to me that it was on direct orders from the Fuehrer and that Reichsleiter Bouhler had been instructed to carry it out.
* * * * *
At first, three institutions in different parts of Germany were mentioned. The insane people who were to come under the program were to be selected, and Heyde, as chief expert, reserved the final decision for himself. Everything was to be based on strictly medical views and only such persons were to be selected who in a psychiatric sense could be called “siech” (incurably ill).
* * * * *
During all the negotiations the names which were mentioned of the persons who took part were Grawitz, Hevelmann, Heyde, Blankenburg, Brack, and Bouhler. Not a single word was said about Dr. Karl Brandt. Everything at that time was still in the early stages.
Later the problem arose again, when I was department head with Reich Health Leader Dr. Conti; that was at the end of the summer of 1941 when the Fuehrer’s order came that euthanasia should be stopped. But here too the name of Professor Dr. Karl Brandt was never mentioned.
* * * * *
TRANSLATION OF KARL BRANDT DOCUMENT 19 KARL BRANDT DEFENSE EXHIBIT 16
AFFIDAVIT OF ALFRED RUEGGEBERG, 23 JANUARY 1947, CONCERNING RADIO DISCUSSIONS ON EUTHANASIA
I, Alfred Rueggeberg, factory owner in Marienheide, have been told by the certifying notary that I am liable to punishment if I make a false statement under oath.
I declare under oath that my statement is true and is being made to be presented as evidence to the Military Tribunal I, at the Palace of Justice in Nuernberg, Germany:
In summer 1945 I listened to a BBC broadcast from England, which was an interview between the English radio commentator (as far as I remember it was Mr. Robert Graham) and Pastor von Bodelschwingh of Bethel.
In the course of this interview Pastor von Bodelschwingh pointed out that a number of years ago the place now occupied by the radio commentator had been occupied by Professor Brandt and Herr Bouhler who, under Hitler’s orders, were discussing questions on euthanasia.
Questioned by the commentator, Pastor von Bodelschwingh said almost literally—in any case in effect—the following:
“You must not picture Professor Brandt as a criminal, but rather as an idealist.”
This radio talk left me under the impression that Pastor Bodelschwingh did not agree with the nature of Professor Brandt’s activities, yet he had a favorable opinion of his human qualities.
Gummersbach, 23 January 1947.
[Signed] ALFRED RUEGGEBERG
TRANSLATION OF KARL BRANDT DOCUMENT 23 KARL BRANDT DEFENSE EXHIBIT 19
AFFIDAVIT OF EDUARD WOERMANN, 18 JANUARY 1947. CONCERNING DISCUSSIONS OF KARL BRANDT AND PASTOR BODELSCHWINGH ON EUTHANASIA
The Director of the Institution Bethel Dpt. Bethel-office
Bethel, near Bielefeld, 18 January 1947 AFFIDAVIT
I, the undersigned Pastor Eduard Woermann in Bethel near Bielefeld, have been informed that I am liable to punishment if I should give a false statement under oath. I hereby affirm the following:
The director of the Bodelschwingh institutions in Bethel near Bielefeld, Pastor D. Friedrich von Bodelschwingh, who died 4 January 1946, had several discussions with Professor Dr. Karl Brandt on the question of “the extirpation of life not worth living”, in February 1941 and during the following months. Pastor D. Bodelschwingh reported about this only very discreetly within a very close circle of coworkers, to which I belonged.
He emphasized then that—
1. Though they held fundamentally different views of these measures, he had met a willingness on Professor Dr. Brandt’s part to hear the objections.
2. Professor Dr. Brandt had talked about “completely extinguished life”, while other exponents of these measures based them upon the formula “incurable” or “hopeless”.
3. Professor Dr. Brandt was aware of the fallibility of these measures, and he was prompted to act, not by brutality, but by a certain idealism which was inherent in his conception of life.
I give my permission for this statement to be presented as evidence to the International Military Tribunal I in the Palace of Justice in Nuernberg.
[Signed] EDUARD WOERMANN
TRANSLATION OF POKORNY DOCUMENT 19 POKORNY DEFENSE EXHIBIT 27
AFFIDAVIT OF DR. HELMUTH WEESE, 19 MARCH 1947, CONCERNING USE OF CALADIUM SEGUINUM FOR STERILIZATION
I, the undersigned, Professor Dr. Helmuth Weese, resident of Wuppertal-Elberfeld, have first been duly warned that I shall be subject to punishment if I give a false affidavit. I declare under oath that my statement is true and was made to be introduced as evidence before the Military Tribunal I in the Palace of Justice of Nuernberg, Germany.
When the question is put to me whether it is to be assumed that a doctor, after studying the monograph by G. Madaus and Fr. E. Koch: “Studies of Animal Experiments,” pertaining to the question of sterilization by medication (by means of caladium seguinum (dieffenbachia seguina)), Journal for the Entire Experimental Medicine, vol. 109, p. 68, 1941, could become convinced that human beings can be sterilized with caladium seguinum, I have the following to say about it:
It is pointed out in the investigation referred to above that the authors succeeded in sterilizing rats by feeding them with extract of caladium seguinum. This is proved by mating experiments as well as by anatomical investigations. In order to effect this sterilization of both female and male rats, daily doses of ½ cc. for each rat weighing from 150-180 grams had to be administered 30-50 times and 40-90 times daily, respectively, without being certain of successful results. To apply this to a man weighing 70 kilograms, it would mean administering 200 grams of extract daily.
The investigations show abundantly that a considerable number of animals treated perished from the poisonous effects of the caladium extract. The extract therefore has no specific effect on the reproductive system. It is still completely unknown whether these harmful secondary effects are due to an element in the extract or some kind of accompanying ingredients.
Such types of unspecific injuries of the reproductive system are known to be caused in man in a similar manner also by other agents, for example, by the excessive misuse of nicotine, morphine, and the like, in which case, however, they too appear only along with most severe impairment of other functions.
First of all every doctor faces the question as to whether these experiments on rats are at all applicable to men. Madaus and Koch reject this from the start, because for them it is merely a question of determining whether the popular medical practice of making men impotent by administering sizable quantities of caladium extract can be corroborated by animal experiments.
The prerequisite for administering caladium extract to human beings in our countries would be the planting in Central Europe of caladium seguinum, the habitat of which is in tropical South America. This seems extremely improbable even to an only moderately experienced natural scientist. Even if the planting were successful, this would not necessarily mean that it produces, in our moderate zone, the same effective agents in a sufficient quantity.
Because of the unspecific effect of the caladium extract, its virulently poisonous quality, the doubt as to whether it can be planted and used in our moderate zone, I consider it extremely improbable that even a doctor of only average education will attempt with conviction the experiment of sterilizing human beings with caladium extract on the basis of the work of Madaus and Koch. Convincing papers for the problem referred to other than the work of Madaus and Koch are not known to me.
Wuppertal-Elberfeld
19 March 1947
[Signed] PROF. DR. HELMUTH WEESE EXTRACTS FROM THE TESTIMONY OF PROSECUTION WITNESS DR. MENNECKE[114]
DIRECT EXAMINATION
* * * * *
MR. MCHANEY: Doctor, were all the concentration camp inmates selected actually insane?
WITNESS MENNECKE: No.
Q. Will you explain your answer please?
A. By insanity we mean a disease which shows characteristic interferences with mental activity. I will not describe them but merely call them characteristics. That is what we mean by insanity. This condition was not prevalent in the majority of cases among inmates in the concentration camps.
Q. Were any inmates selected only for the reason that they were unable to work?
A. That is possible.
Q. Were people selected who had diseases other than those of the mind, such as tuberculosis?
A. Yes. Such people were also included.
* * * * *
REDIRECT EXAMINATION
* * * * *
MR. MCHANEY: The last question, Dr. Mennecke. Would you be willing to tell the Tribunal how you now feel about your participation in the “euthanasia” program?
WITNESS MENNECKE: Yes. I am willing to say something on that subject. I deeply regret the fact that I was drawn into this program in 1940. After the collapse, when the total extent of the extermination of human beings became known to the public—and to me for the first time—I was ashamed that I had ever had any part in this program (even though in a subordinated position), and I am still ashamed today. That is what I have to say.
MR. MCHANEY: Thank you, Dr. Mennecke. I have no further questions.
EXTRACTS FROM THE TESTIMONY OF DEFENDANT BRACK[115]
EXAMINATION
JUDGE SEBRING: Witness, when adult persons were selected for euthanasia and sent by the transport to euthanasia stations for that purpose, by what methods were the mercy deaths given?
DEFENDANT BRACK: The patients went to a euthanasia institution after the written formalities were concluded—I need not repeat these formalities here, they were physical examination, comparison of the files, etc. Then the patients were led to a gas chamber and were there killed by the doctors with carbon monoxide gas (CO).
Q. Where was that carbon monoxide obtained, by what process?
A. It was in a compressed gas container, like a steel oxygen container, such as is used for welding—a hollow steel container.
Q. And these people were placed in this chamber in groups, I suppose, and then the monoxide was turned into the chambers?
A. Perhaps I had better describe this in some detail. Bouhler’s basic requirement was that the killing should not only be painless, but also imperceptible. For this reason, the photographing of the patients, which was only done for scientific reasons, took place before they entered the chamber, and the patients were completely diverted thereby. Then they were led into the gas chamber which they were told was a shower room. They were then in groups of perhaps 20 or 30. They were gassed by the doctor in charge.