VII. Extracts from Argumentation and Evidence of Prosecution and Defense (part 6)

DIRECT EXAMINATION

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.

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, 24 October 1946, concerning the killing of inmates by phenol and other means.

NO-257 283 Extract from a sworn statement by Dr. Erwin Schuler (Ding), 20 July 1945, concerning euthanasia with phenol injection.

Testimony

Extracts from testimony of the defendant Mrugowsky

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

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. * * *

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. 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 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.)

c. Selection from the Argumentation of the Defense

Extract from the Final Plea for Defendant Gebhardt

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.

Extracts from the Closing Brief for Defendant Pokorny

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.”

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 Friedrich Tauboeck, 18 June 1947, concerning the development of, and experiments with sterilization drugs.

NO-035 142 Letter from Pokorny to Himmler, October 1941, concerning a sterilization drug to be used against Germany’s enemies.

NO-036 143 Letter from Himmler, 10 March 1942, to Pohl (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, 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, 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 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, concerning research in medical sterilization and development of sterilization drugs.

NO-203 161 Covering letter from Brack to Himmler, 28 March 1941, with report on experiments concerning sterilization and castration by X-rays.

NO-205 163 Letter from Brack to Himmler, 23 June 1942, proposing sterilization of two to three million Jews.

NO-206 164 Letter from Himmler (countersigned by Rudolf Brandt), 11 August 1942, addressed to Brack, concerning Himmler’s interest in sterilization experiments.

NO-208 166 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.

NO-211 169 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.”

NO-216 170 Memorandum of Rudolf Brandt, July 1942, on a discussion between Himmler, Gebhardt, Gluecks, and Clauberg concerning sterilization experiments conducted on Jewesses.

NO-213 171 Letter from Rudolf Brandt to Clauberg, 10 July 1942, transmitting instructions of Himmler to perform sterilizations on Jewesses at concentration camp Ravensbrueck.

NO-212 173 Letter from Professor Clauberg to Himmler, 7 June 1943, reporting on research in connection with the sterilization of women.

Testimony

Extract from the testimony of the defendant Viktor Brack

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

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.

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 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 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 November 1942, requesting with Himmler’s approval, 150 skeletons.

NO-087 181 Letter from Sievers to Eichmann (copy to Rudolf Brandt), 21 June 1943, concerning selection of subjects for a skeleton collection.

NO-807 185 Tank containing formaldehyde for the 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 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 (Einsatzkommandos) of the Security Police and the Security Service to be activated in Stalags.

Testimony

Extract from the testimony of defendant Rudolf Brandt

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). 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) 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

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.

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.) 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

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 1942, concerning the killing of tubercular Poles.

NO-244 201 Letter from Himmler (signed by Rudolf Brandt) to Greiser, 27 June 1942, concerning the extermination of tubercular Poles.

NO-250 203 Letter from Blome to Greiser, 18 November 1942, concerning the mass extermination of tubercular Poles.

NO-441 205 Affidavit of defendant Rudolf Brandt, 24 October 1946, concerning the plan to exterminate tubercular Polish Nationals.

NO-246 196 Letter from Greiser to Himmler, 1 May 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 Tuberculosis Conference of 18 to 20 March 1937, at Wiesbaden.

Blome 1 Blome Ex. 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.

Testimony

Extract from the testimony of defendant Blome.

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

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. 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.

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.)