1947-01-15, #2: Doctors' Trial (late morning)
THE MARSHAL: The Tribunal is again in session.
MR. McHANEY: May it please the Tribunal, the Prosecution at this point has introduced a considerable amount of documentary evidence concerning the Euthanasia Program in the German Reich. We first introduced the chart which is on the wall behind the witness box. Brack's affidavit told us the manner in which this program was carried out. He told us that Karl Brandt and Bouhler were the administrative heads of the whole program. Under Bouhler we see that Viktor Brack was his chief deputy. Under Karl Brandt we see the three corporate code names which were used to camouflage the operation of the program; The Reich Association for Hospitals and Nursing, the Charitable Foundation for Institutional Care, and the Patient Transport Corporation. We have put in a number of documents which carry one or the other of these names.
To the left, we see the Department for Questionnaires under Allers. And, you will recall that these questionnaires were sent to the office of Doctor Linden in the Reich Ministry of Interior under Conti; that Linden then distributed the questionnaires to the insane asylums and other institutions in Germany? there the questionnaires were filled out, and returned again to Linden's office? and, from Linden's office back to the office of Allers, where they were farmed out to the so-called experts who studied the questionnaires and determined in the first instance when such patients were to be subjected to Euthanasia, The so-called top experts, Heyde and Nietzsche made a final review of these questionnaires, and the patients might then he sent to the observation institutions where the final check was made. And, from there we have seen that they were transported to the Euthanasia or Extermination Institutions, including: Grafeneck, Hartheimer, Hadamar, Bernburg, and others.
We have put in examples of the questionnaires which were used; we have put in the dry form letters under the letterhead of one of the three code names ordering transports to be shipped to the extermination centers; we have seen the transport lists? we have seen the stereotyped letters which were sent by the Extermination Centers to the relatives of the individuals exterminated, where it was told the relatives that the so-called insane persons had died of pneumonia or some other disease; we have seen examples of the oath that the operators working in these institutions had to take, swearing them to secrecy, violation of which meant death; we have seen at least one letter from a doctor who was asked to participate, but who was able to refuse; we have seen letters to the Reich Ministry of Justice and Ministry of Interior expressing the deep felt indignation of the German people to this program? We have seen pitiful letters from persons inquiring about their relatives in the institutions and, we have seen stereotyped death notices published in the newspapers.
We now come to several important documents showing how the program operated in the concentration camps; how persons who were not in Germany were brought there on occasions --- persons forcibly brought to Germany from occupied countries and held in concentration camps, and were picked out by the Doctor's Commission sent out from these same institutions in Berlin for the concentration camps, to chose their victims for extermination.
I would first like to remind the Tribunal of certain statements made by the defendant Hoven in his affidavit, which was introduced as Prosecution's Exhibit No. 28l. That is Document No.429, and we have included it in Document Book No. 16 beginning on page 1.
THE PRESIDENT: What is the number of this Exhibit?
MR. McHANEY: This is Prosecution's Exhibit No.281.
And, I will now ask the Tribunal to turn to page 4, paragraph 9, where Hoven states:
I became aware in 1941 that the so-called 'Euthanasia' program for the extermination of the mentally and physically deficient was being carried out in Germany. At that time the Camp Commander, Kech called all the important SS officials of the camp together and informed them that he had received a secret order from Himmler to the effect that all mentally and physical deficient inmates of the camp should be killed. The Camp Commander stated that Higher Authorities from Berlin ordered that all the Jewish inmates of the Buchenwald Concentration Camp should be included in this extermination program.
In accordance with these orders 300 to 400 Jewish prisoners of different nationalities were sent to the Euthanasia Station at Bernburg for extermination. A few days later I received a list of the names of those Jews who were exterminated at Bernburg from the Camp Commander and was ordered to issue falsified statements of death. I obeyed this order. This particular action was executed under the code name of 1/4 of 13'. I visited Bernburg on one occasion to arrange for the cremation of two inmates who died in the Wernigerade Branch of the Buchenwald Concentration Camp.
In addition to Hoven's statement, we have already here the testimony of Walter Neff, Ernest Vichweg, Eugen Hogon, and Ferdinand Roemhild, with respect to the operation of the Euthanasia Program in the concentration camps under the code name of 14 of 13. And, these camps, I might say, were widespread. Viehweg was from Dachau, Neff was from Natzweiler, and Hogen and Roemhild were from Buchenwald.
I turn now to Document No. NO-158, on page 7 of the Document Book, and this will be Prosecution's Exhibit No.410. The first page of this Document is not particularly informative. It is dated March 18, 1942. It is on the letterhead of Gross Rosen, and it is addressed to the Asylum in care of Mr. Gedenschweig, Bernburg. It is a receipt which is to be returned to the Concentration Camp Gross Rosen. We see at the bottom that it has been stamped "Asylum Bernburg" with the signature of Hirche, to the right, showing he received it. The next page, however, is considerably more interesting.
This is a list of concentration camp inmates who came from GrossRosen to Bernburg, and this is a usual memorandum which was sent along to Gross-Rosen with the list. It is dated at Bernburg, 19 March, 1942, to the Camp Commandant, Concentration Camp, Gross-Rosen:
Subject: Transport of 19 March, 1942.
Enclosed you will find a list of the camp inmates who arrived here on 19 March, 1942, from your concentration camp?
Heil Hitler, /s/ Hirche
On the next page we find the attached list of inmates from GrossRosen, who were sent to Bernburg for extermination. That, if the Tribunal please, was an extermination station, and an extermination station alone. Roemhild testified and Hogan has told us in his affidavit that inmates were sent to Bernburg for extermination, so this, in effect, is a list of concentration inmates who were exterminated in Bernburg, and it is a rather interesting list. It includes 57 names. They were good enough to include the place of birth of these men who were executed in Bernburg.
The third name on the list on the first page, Bajgelmann Isak, indicated he was a Jew. He comes from a town in Poland. I will not read all of these names. I will just call to the Tribunal's attention that where Isak and Israel appears, those indicate Jewish inmates.
Dropping down to the third name from the bottom of the first page, we find Markuso, Esriel, Warschau, indicating a Polish National, and the last name on the first page, Pollak, Heinrich from Lemberg in Poland.
On page ten of the Document Book we find again Jews listed with the name of Israel. The fifth name from the top, Hekel, Josef, listed from Tarnow in Poland.
Now defense counsel may argue that while these persons listed here were born in Poland or in Hungary or in Roumania, who knows they may have become German citizens, hence we are not concerned with the execution of non-German nations. Fortunately that argument is not open to them as we shall see in a moment. Under the name of Raubicek, we find a man named Raubicek, Karl, from a place in Hungary.
Immediately under that is the name of Rwaski, Wladislaus, from a town in Poland. At about the middle of the page is Sirorski from Lublin Poland.
THE PRESIDENT: Where is that?
MR. McHANEY: Almost in the middle, just a little bit under the middle, you will see the name of Sommer, and it is immediately under Sommer.
THE PRESIDENT: I would suggest if you would refer to the numbers
MR. McHANEY: Yes, indeed.
THE PRESIDENT: It would be easier to follow.
MR. McHANEY: Sikorski is 26774. I will just give the last two digits in the number. I think that is sufficient. Sikorski is from Lublin in Poland, and the next man, 75, is from a place in Roumania, and 76 from Warsaw in Poland.
On the next page, 84, the first name at the top, Stern, is from a town in Poland, No. 87, Weisz, Ignaz, is from a town in Hungary. 92, Wozniczka, Ignaz, is from a town in Poland); 94 Wendolowski, from Warsaw, Poland; 96 from a town in Poland; 97 from Poland, 800 from Poland and 802 from Roumania.
I come now to Document1151-PS, on page 13 of the Document Book, and this will be Prosecution Exhibit No.411. On pages 13, 14, 15 and 16 we find a sample questionnaire, which we have seen several times before. This was a questionnaire which was filled out on the unfortunate victims who were sent to the extermination institutions. Thus was a questionnaire which came out of Linden's office, which was filled in, either in the asylum or the concentration camp, and based upon this questionnaire the decision was made by the experts as to whether the particular individual should be killed.
I call your attention again to the fact that on page 13 this questionnaire includes a space for race, with a foot-note: "German or related blood (of German blood), Jew, Jewish, half-breed of first or second degree. Negro (half-breed), Gypsy (half-breed), etc.", and on the same line is a place for nationality. If it should be urged by defense counsel that the euthanasia program applied only to German Nationals, then why include a blank on the questionnaire for nationality.
It would be a very simple matter to advise everyone that this program applied only to Germans and not to include foreign nationals. We have seen not one word in any of the voluminous correspondence we have already introduced which indicates that this program was confined in any way to German Nationals. As a matter of fact, the proof is already shown that it applied in a large degree to non-German nationals from its very inception.
I will ask the Tribunal to turn to page 17, which is a part of the same exhibit, and we seeto whom this simple questionnaire was sent. It was included as an attachment to the teletype which we season page 17. The teletype is from Oranienburg, which was the headquarters of the WVHA, which had administrative control of all concentration camps. It is dated December 12, 1941, to the Camp Commandant of the Concentration Camp Cross-Rosen, and it states:
In letter top secret 14 small F 13 of 10 Dec. 41, the sample questionnaire was by mistake not enclosed, Enclosure follows today.
Signed: Liebehenschel, SS Obersturmbannfuehrer.
Liebehenschel was one of the important leaders in the inspectorate of the concentration camps, thus we see that the sample questionnaire was one which was sent to the concentration camp, Cross-Rosen, to be used in connection with the action 14 of 13.
On the next page, that is, page 18, we see the letter from Liebehenschel referred to in the teletype, and the teletype says "In letter top secret 14 small f 13 of 10. Dec. 41", and here we have the letter, dated Oranienburg, 10 Dec. 1941, from The Reichsfuehrer SS, the Inspector of the Concentration Camps, and then you see immediately under that the code name: "14f 13", that is a secret diary reference, the letter being noted as "top secret."
Subject: Doctors - Commission:
Reference - Former correspondence of the 12th November, 1941, 14 f 13/ot/u.
Enclosure - 1.
This is a letter distributed to a substantial number of the concentration camps, since this letter is addressed: "To the Camp Commandants of the Concentration Camps Dachau, Sachsenhausen, Buchenwald, Mauthausen, Auschwitz, Flossenburg, Gross-Rosen, Neuengamme, Niederhagen. "As the camp commandants of the concentration camps, Dachau, Sachsenhausen, Buchenwald, Mauthausen and Auschwitz were informed in the correspondence mentioned above, the Doctors' - Commission will visit the above named concentration camps for the Selection of prisoners in the near future.
The first half of January, 1942, is designated for this examination for the concentration camps Flossenburg, Gross-Rosen, Neuengamme, Niederhagen.
I might say parenthetically that the word "Doctors' - Commission" is very important, because it is the contention of the Prosecution, and it shall be proved, that the Doctors' Commission appeared in these concentration camps on the orders and at the direction of the organization you see on the wall, that is, the organization under the defendant, Karl Brandt and Victor Brack. The Doctors' Commission went to the camps at their orders. Of course, the Inspectors of the concentration camps, Himmler's organization, had to be informed and cooperated in the program, and indeed they did it in a very ample measure as we see from the affidavits of defendant Hoven.
He was not under the organization of the euthanasia program which we see pictured on the wall. Hoven was a concentration camp doctor, and the reason he is indicted for having participated in the euthanasia program is because concentration camp doctors necessarily did so. They did so because they were ordered, as this letter itself will show. They initially picked out from the inmates of the camp those who were eligible for transportation to an extermination institution. The Doctors' Commission which was a part of the euthanasia program pictured on the wall, then came to the camp and was presented with questionnaires such as the sample sent Cross-Rosen, which had been partially filled out with the name and other references there called for in the questionnaire, The Doctors' Commission then filled out additional parts of the questionnaire, and may have perhaps made a closer examination of the inmates who had been first selected by the concentration camp doctors, such as Hoven, and in this process, undoubtedly, a few of the inmates were weeded out, that is, not included in the extermination transport.
But it cannot be said that action 14 F 13 was an action of Himmler or an action of the SS with which the defendant, Karl Brandt, and the defendant Brack had nothing to do. It can't be maintained, and we are now in the process of proving precisely the contrary.
To continue with this letter. The concentration camps are advised that the Doctors' Commission will visit the concentration camps in the near future. I have read the paragraph reading:
The first half of January 1912 is designated for this examination for the concentration camps Flossenburg, Gross-Rosen, Neuengamme, Niederhagen.
It continues:
Since the available doctors have a very heavy responsibility, the examinations in the concentration camps must be shortened as much as possible.
In the enclosure a sample of the questionnaire will be sent as a copy for the preparatory work. These forms are to be mimeographed -and to be filled out. The answering of single questions are taken up in this sample which are underlined in red and only these questions have to be answered. Relative to these single questions, the following explanation is given:
The question 'physically incurable ailment' is not only to be answered with yes or no if possible, but to bo answered with a short summary of the diagnosis. In addition, also the question of war injuries is to be determined because this guarantees a decided alleviation in the examination work of the Doctors'-Commission. If the space under the question of 'delinquency' and 'previous convictions' is not sufficient, the answer is to be put on the back side of the questionnaire as is designated in the sample. Individual punishments are not to be enumerated, only those regarding main convictions are to be briefly summarized, the single delinquencies are only to be briefly mentioned. Those prisoners who come into question for examination are evident from the designated questions in the questionnaire.
All documents and hospital reports on hand are to be placed at the disposal of the Commission upon request for examination.
The adjutants of the concentration camps Flossenburg, Gross-Rosen, and Neuengamme will be verbally ordered here in this affair at a given time.
Following the completion of the examination the inspector of the concentration camp is to make a report in which the number of the prisoners who were directed for the special treatment 14 F 13 are to be mentioned. The exact time of the arrival of the Doctors'-Commission will be announced in due time.
SS-Obersturmbannfuehrer
On the next page we come to another one of those lists.
In order that the Tribunal may understand just what this list is I ask that you turn first to page 29 of this same document.
On page 29 we find that this is an internal memorandum in the Gross-Rosen Concentration Camp, dated December 16, 1941. If the Tribunal will recall, the letter to Gross-Rosen was dated December 10, 1941. So, we have in a matter of some six days this document here.
Subject: Selection of inmates.
Ref.: None Enclosure: 3
It is:
To the Commander's office / concentration camp Gross-Rosen.
The camp for protective custody forwards the enclosed a list of inmates eligible for transport.
From the ward 70 inmates were selected From the blocks 104 inmates were selected Jews 119 inmates Total:
293 inmates according: to the status on the 15 December 1941.
Since a transport is planned for a later date, the requested number of inmates was exceeded by 43, in order to make room for eventual losses.
This is signed by "SS-Untersturmfuehrer" in the Gross-Rosen concentration camp.
The list which begins on page 20 is the list referred to in the document which I have just read. The inmates number check out - 293. So, we see that this list is one prepared in the concentration camp Gross-Rosen before the Doctors'-Commission had arrived and I suggest that it was made out by the camp doctor in Gross-Rosen.
The list is most interesting. On page 20 we see that it lists the "Jews in protective custody" giving their number, name, first name, and date of birth, but no nationality. I suppose in the absence of other evidence Defense Counsel would have us believe that this list, in excess of one hundred Jews taken from concentration camp Gross-Rosen, were all German Jews or German citizens. Such is not the case and I will ask the Tribunal to refer back now to page 10 of the Document Book and find the name under no. 26766, the fifth name from the top of page 10, Rekel, Josef. Page 10 of the Document Book, the man whose name is listed as no. 26766, fifth from the top of the page - Josef Rekel. He is listed as being in Poland. You will recall that this list of names is one dated 19 March 1942 coming from concentration camp Gross-Rosen. The list from which we have just referred on page 20 is a list made up in the concentration camp Gross-Rosen as being those eligible for transport on 16 December 1941, three months before this list of persons on page 10 and following this, actually arrived at Bernburg. The name Rekel is on page 27 of this list --page 27 under "Poles in Protective Custody". Does the Tribunal find, that - "Poles in Protective Custody" on page 27. The name Rekel is listed following number 294. It must be fifteen names from the bottom of the list. So, as I stated, when I put in the list of March 19, 1942, which is a list of Cross-Rosen inmates who had arrived at Bernburg. I stated that it can be proved, and is proved, by the example which I have just given that foreign nationals, non-German nationals, were included in this extermination action.
Let's return then to page 20. First we find just "Jews in protective custody". There is quite a long list of them. They run from page 20, page 21 and top of page 22. Then we come to "Jewish who were habitual criminals". So again we are distinguishing between habitual criminals and persons in protective custody, although I suppose here again, and it may be urged by Defense Counsel, that these in protective custody were also habitual criminals. Also, under that we see"Jewish who were shirkers". The only thing that means is that they felt they had some Jews who were Lazy and wouldn't work.
"Jewish who were shirkers" and "Jewish who defiled the race" down at the bottom, Jews, of course, are all thrown into a separate category from everyone else as we see on page 23.
On page 23 we come to Ward selection in the concentration camp Gross-Rosen, Ward, as we shall see to be distinguished from block selection. Under Ward selection we have the category of prisoners in protective custody and habitual criminals. On page 24 we have "Poles in protective custody". That continues down to the bottom of the page where we have a note "S.A.W". I must confess I don't know what that means. On the next page - page 25 - we find some "Czechs" and then under that again we find this unique category labeled "shirkers".
On page 26 we find the Block selection of the concentration camp Gross-Rosen distinguishing here from the previous ward selection, both of which are distinguished from the Jews selected. Here again we find in the Block selection "prisoners in protective custody" and habitual criminals". On page 27 we have "shirkers". There seem to be more shirkers among the block than among the ward. Then there is a long list of "Poles in protective custody", then "S.A.W." on page 28 and lastly, Czechs in Protective Custody".
Now that list represents what was done at the concentration camp Gross-Rosen on the initiation of concentration camp management. They were told by Oranienburg to make that selection initially of those eligible for transport. Prosecution takes the position that selection was done by the camp doctors and the one in concentration camp Buchenwald by the defendant Hoven. So, the doctors at Gross-Rosen picked out 293; including a substantial number of Poles, Czechs, and Jews whose nationality is not specified but who we have proved from the previous exhibit, document NO-158 which was Prosecution Exhibit 411, did include non-German Jews.
Well, let's see what happened to this list of names initially elected by the camp doctors in Gross-Rosen.
The next document is on page 30 and is still part of 1151-PS and Prosecution Exhibit 412.
That should be Prosecution Exhibit 411 and my former reference to document NO-158 should be Prosecution Exhibit 410. This is a teletype message again from Oranienburg, dated 10 January 1942, to "The Camp Commander of the Concentration Camp Cross-Rosen SS Obersturmbannfuehrer Roedl.
Your adjutant, SS Oberscharfuehrer Suttrop is to report on the 12.1.1942 at the office of the Inspector of the Concentration Camps at Oranienburg in order to receive verbal directions regarding a Z.14 F 13.
On page 31 we find a very interesting document. It is another letter from Liebehenschel to the concentration camp commander of Gross-Rosen, SS Obersturmbannfuehrer Roedl, Subject: Medical commission, concerning "Our letter of November 12, 1941" dated Oranienburg, 10 January 1942:
In pursuance of the above rule you are informed that the SS Obersturmbannfuehrer Dr. Mennecke will undertake the selection of the inmates in the concentration camp of Gross-Rosen, beginning on the 16 or 17 January 1942. The necessary formulas of notification have already been transmitted to the camp; they are to be filled in - as was ordered in the letter - as far as possible before the arrival of Dr. Mennecke. The adjustment SS Oberscharfuehrer Suttrop is to report on 12 January 1942 at the office of the inspector of the concentration camps at Oranienburg to receive a special verbal directive on this matter. Signed Liebehenschel.
So we find that after the eligible inmates for experimentation were selected in Gross-Rosen in December, 1941, we find than the doctors' commission is to appear on 16 or 17 January 1942, approximately thirty days later and it is perfectly apparent that the doctors' commission was to survey those who had been selected in Gross-Rosen in December, 1941, and it is of some interest to observe who was going to be on this doctors' commission - Dr. Mennecke. It so happens that Dr. Mennecke was in December of last year convicted to death by a German court in Frankfurt for participation in the "euthanasia" program. Dr. Mennecke has not yet been executed. He has been brought to Nurnberg and he will testify before this Tribunal.
The next document is on page 32 of the document book and we have moved past Dr. Mennecke's visit to Gross-Rosen and we're now at Bernburg, the extermination station. This letter is dated March 3, 1942 at Bernburg, Concentration camp to the commander personally, Gross-Rosen. Stamped up at the top "received at Grcss-Rosen on 5 March 1942":
Enclosed we forward a list in duplicate of the 214 male inmates of your camp which have.been put at cur disposal by Berlin. They were medically examined and selected at your camp on the 19th or 20th Jan 1942 and their personal papers were sent to us by Berlin. We beg you to suggest in what manner this transfer can be best carried out by you.
In view of the long distance transportation by rail is advisable in our opinion. In this case we should be grateful, if you could effect the dispatch of the 214 inmates by rail on Monday, 23rd March 1942 insuring its arrival here on 24 March 1942.
Considering the great number of inmates a corresponding number of guards will be necessary.
In our opinion the 24 March 1942 would be the most suitable day of arrival, because in the meantime transports of inmates from other concentration camps will arrive, and a period of interim is necessary for us in order to be able to carry out all this work.
If a transfer by omnibus should be impossible we suggest that this transfer should be effected in two transports of 107 inmates each, one on Tuesday, 24 March and the other on Thursday 26 March 1942.
We beg you to inform us definitely of your opinion as to our suggestions in order to enable us to take further steps.
Heil Hitler Gedenschweig.
Gedenschweig apparently was an official at Bernburg.
Now this is most interesting. We see that from the original 293 inmates selected by the camp doctors in Gross-Rosen in the middle of December, 1941, 214 of them have been earmarked for transportation to Bernburg to be exterminated and very fortunately they included the list of the inmates who had been put at the disposal of Bernburg by Berlin and that list begins on page 33 and runs through page 38. This list also is quite interesting. Name No. 2 of the list beginning on page 33, Bajgelmann, Isaak, born on 4.8.09. What nationality is Bajgelmann? We can refer back to page 9 of the document book under the number 26748 - Bajgelmann is there listed as coming from a town in Poland. But even more clear is name No. 21, Chiefewski, Johann - No. 21 on page 33 - Chielewski, Johann. If the Tribunal will turn to page 27, the name listed opposite the number 1258 under "Poles in Protective Custody - it is the one, two, three, fourth, name down, you will notice that there is a difference in spelling. On page 27 the man's name is spelled Chmielewski, the second name being Jan, birth date 9.10.
13. The man listed on page 33 after No. 21 - the name is spelled Chielewski, second name Johann, the birth date being exactly the same - 9.10.13. I submit that those are one and the same individual, the nationality being listed on page 27 as Polish.
THE PRESIDENT: At this time the Tribunal will recess until 1:30 o'clock.
(A recess was taken.)