1947-06-23, #1: Doctors' Trial (early morning)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Karl Brandt, et al, defendants, sitting at Nurnberg, Germany, on 23 June, 1947. 0930-0945: Justice Beals, presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal 1.
Military Tribunal I is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Mr. Marshal, will you ascertain that the defendants are all present in Court?
THE MARSHAL: May it please Your Honors, all the defendants are present in the Court.
THE PRESIDENT: The Secretary General will not for the record the presence of all the defendants in Court.
The defendant Hoven is reminded he is still under oath.
Counsel may proceed:
DR. GAWLIK: Mr. President. May I make the examination about the affidavit, the words which the defendant did not understand or does the Tribunal want to ask him these questions?
THE PRESIDENT: Counsel, in what document book is this affidavit found? The Tribunal does not have that reference.
DR. GAWLIK: Document Book 12, Your Honor.
THE PRESIDENT: What page?
DR. GAWLIK: Page 1, the first document.
BY JUDGE SEBRING:
Q: Witness, on Saturday of last week just prior to the time that the Court took it's recess we had under consideration prosecution Document No. NO-429, prosecution Exhibit 261, appearing in Prosecution Document Book 12. I believe your testimony was to the effect that this affidavit was made by you originally in the English language and signed by you and that at the time you signed it there were certain English words or phrases in the affidavit which were strange or unknown to you and that consequently you did not understand the full and clearly legal import of the paper you were signing.
Is that the effect of you assertion to the Tribunal?
A: Yes. exactly.
Q: Do you have before you at the present time the English version of Document No. 429?
A: Yes, Your Honor.
Q: Will you be good enough to refer to that document beginning with paragraph one thereof and tell the Tribunal what words, phrases, clauses or sentences are contained therein, the legal import and the textual import of which was not fully understood by you at the time you signed the affidavit?
A: In paragraph I, the word "affidavit." In the first sentence the word "duly", in the second line, the word "concluded", in the next line —
Q: Wait just a moment, please. I do not see the word "concluded", in this affidavit.
A: In the seventh line, Your Honor. "In 1939 I concluded my medical studies."
Q: Very well, you may proceed.
A: In the next line the word "joined."
Q: You mean in the sentence which reads: Quote — "In 1934, I had joined the Allgemeine SS."
A: Three lines before that, but it is the same word: "Joined the Waffen SS as a physician."
Q: Very well.
A: The same word is in the last sentence of the first paragraph.
Q: Very well.
A: In the second paragraph "assigned" in the first sentence. In the third line "I was appointed", the word "appointed". In the fifth line "in charge". In the third paragraph —
Q: Very well.
A: In the third line from the bottom on this page; paragraph three; "acquainted".
Q: Very well.
A: On page 2 "spotted fever". As far as I know today that is the wrong term. It should probably be "typhus". In the second line of paragraph 4 "effectiveness".
Q: Is that in paragraph 4?
A: Yes, the second line at the end of the line.
Q: Very well.
A: In the fifth line of paragraph the word "supervision".
Q: In other words, the words "the direct supervision"? That was not understood by you.?
A: That's right.
Q: Very well.
A: Then in the third line from the end of paragraph there is a word that looks like "chain"; c-h-a-i-n; "chain of command".
Q: Very Well.
A: In paragraph 5, the third word in the first line "recollect". Paragraph 6 on page 3 the first expression "in as much as". I know the word "much". I know what "as" means but I don't know this whole expression "in as much as". And I don't know "constantly" either. I knew "very friendly" in the second line of paragraph 6. I used the word "zweckfreundschaft" in German. The interrogator told me it meant the same thing.
Q: I will ask the translators whether or not they agree that it means the same thing?
THE INTERPRETER: Your Honor; "zweckfreundschaft" would mean "friendship of expediency".
A: In the second line of paragraph 6 the word "frequently". The last word in the third line from the end of paragraph six there is the word "in charge" which has already been mentioned. Paragraph 7, third line at the end, "spotted fever" again. In the 4th line "in order to contrast". In the 7th line "previous" — the third word. Paragraph 8, the last word in the first line "purposes".
Q: In other words "for the purpose of"?
A: Yes. Then in the 4th line of paragraph 3 "human beings". I had not heard of this expression before the trial. I thought the translation for "menschen" was people.
Q: Did you understand what the word "human" or "humans" meant?
A: Not "human beings".
Q: Did you understand what the word "human" or "humans" meant?
A: It says "human" here.
Q: Did you understand what that meant?
A: Yes, I understand that.
I know the word today, of course.
Q: Did you know it then?
A: I didn't know what "beings" meant, that "human beings" was the same thing as people.
Q: But you did know what "humans", h-u-m-a-n-s, meant?
A: Humane?
Q: Very well.
A: On page 3, the last word in the second line from the bottom "request". And, the last word on the page "referred". On page 4 the word "notified" in the second line. "Request" the first word in the 4th line I have already mentioned. In the same line "at random". I never heard that in my life. And the last word in that line "roster". In the 7th line "event". In the last line "requested" again. In the 9th line "substitutes" and the next word in that line that I didn't know was "provides". The 10th line "victims". In the 11th line "approval".
In the 12th line "check to ascertain". And the last word in the paragraph "requirements". Paragraph 9 on page 4, the last word in the heading "extermination". And the third word in the first sentence "aware". In the second line the word "extermination" occurs again. The first word in the third line "deficient". The same word occurs again in the 7th line. In the 10th line the word "extermination" again. In the 11th line at the beginning of the sentence "accordance". In the last line on this page the word "extermination" again.
Page 5, first sentence "exterminated". The first three words in the third line "issue falsified statements". Paragraph 10 the last word of the heading "means". In the 5th line the word "average" and the next word "hence". In the same line the word "envied". In the 7th line the word "traitors". In the 8th line the word "grapevine". In the 9th line the word "traitors". In the 10th and 11th lines the word "statements" is repeated. Paragraph 11 the third word "instance I supervise".
Q: Now, just what is the word "instance" or the word "supervised"?
A: Both.
Q: In the 7th line, paragraph 11, "performed".
On page 6, in the 5th line "supervision" and "means" in the 5th line.
Q: And then, I believe you said, at the Saturday session, that in the final paragraph Below Paragraph 12 you did not understand the words "affidavit", "voluntarily", " reward" and " threat".
A: That is right.
Q: Did you understand the word "duress", D U R E S S?
A: I can't say today. It's possible that I connected it with the French word for hard which is "dure".
Q: Very well.
Now, let me ask you this. There are several words in this paper signed by you which you did not understand at the time you signed the paper. Can you say that you did not understand the import of the words from the general context of the paper?
A: I am sure that I did not understand the full significance. It was read to me and I read it myself, perhaps a little superficially. I knew what it was about, But I did not understand the exact meaning of all the individual words. I believed at the time that I had understood the meaning but, because I could speak a little English and could carry on a little conversation, I may have over-estimated my understanding.
Q: Very well.
And you say that you did not understand the words "spotted fever"?
A: I had never heard it before.
Q: So that, as a matter of fact, wherever the words "spotted fever" appear then the Tribunal is to understand that you did not understand its connotation, is that correct?
A: I can not say for certain. I am sure I did not know the word itself, but it is possible that I did understand the context. I can not say for certain. I only know that I did not know the words, but it might be that I did get the meaning of it because there's the word "fever".
Q: You understand then the general connotation of the word "fever"?
A: Yes. As I know now, through the trial, this is the wrong expression in English. It should be typhus I have discovered.
Q: Then with the words eliminated from this paper you signed, I am going to read into the record the paper or affidavit as it now is is with the deletions which you say were not understood by you.
I believe, Mr. President, that in the Tribunal's final study of this document if it is in the record in this form it may be of some aid to the Tribunal.
THE PRESIDENT: You're right, sir.
BY JUDGE SEBRING:
I, Waldemar Hoven, being sworn, depose and state:
1. I was born in Freiburg in 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 end then attended the Universities of Freiburg and Munich. In 1939 I — medical studies and the Waffen-SS as a physician. The last rank I held in the Waffen-SS was Hauptsturmfuehrer [Captain]. In 1944 I had the Allgemeine SS.
Incidentally, for the sake of the shorthand reports, wherever I make a pause will be the place where there is a deletion of a word.
Beginning with the second paragraph:
2. In October 1939 I was — an assistant medical officer in the SS Hospital in the Buchenwald Concentration Camp and held, that position until 1941 when I was — the Medical Officer 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 innate 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 — with all phases of the medical activities therein and am hereby able to make the following statements:
FEVER AND VIRUS EXPERIMENTS
4. In the latter part of 1941 an experimental station was established in the Buchenwald Concentration Camp in order to determine the of various fever vaccines.
This department was called the ' Fever Experimental Station' and was under Dr. Ding, alias Schuler.
This experimental station was set up in Block 46 of the camp. The Hygiene Institute of the Waffen SS in Berlin, under the command of Dr. Joachim Mrugowsky, received all the reports of these activities and Dr. Ding took orders from Mrugowsky. In the early days, that is, between 1941 and the summer of 1943, Dr. Ding had many meetings in Berlin with Dr. Karl Genzken concerning his work at Buchenwald in connection with the fever experiments. Dr. Ding told me that Dr. Genzken had a special interest in these matters and that he sent him reports at various times. Dr. Ding also said that Dr. Karl Genzken was one of his superiors. From my association with Dr. Ding I understood that Fever Experimental Station' was as follows: Reichsarzt [Reich Physician] SS Grawitz, Genzken, Mrugowsky, and Ding.
5. I can that Dr. Genzken gave orders to Dr. Ding in January 1943 to enlarge the experimental station. At this time Block 50 was cleaned out and made into a station for the production of the various vaccines to be used in the experiments at Block 46. From this time on the experimental station was know as 'Department Fever and Virus Research of the Hygiene Institute of the Waffen SS'. Then in the summer of 1943 Dr. Genzken turned all his duties over to Dr. Mrugowsky and from that time on Genzken no longer actively participated in these matters. I can recall meeting Dr. Mrugowsky in the home of Dr. Ding on one of his visits to Buchenwald.
6. I was associated with Dr. Ding at Buchenwald, we became 'friendship of expediency'. I discussed matters with Ding and visited his experimental station from time to time. As a matter of fact, Dr. Ding had to go to Berlin for discussions with Dr. Mrugowsky and others nearly three days out of every two weeks, and on such occasions I was the Fever Institute.
However, when Ding went to Berlin, the experiments were discontinued until he returned.
7. The experiments at Block 46 in the Buchenwald Concentration Camp were conducted as follows: One group of victims were first vaccinated with the fever vaccine and then infected with the fever virus. the effectiveness of the vaccine another group of inmates were merely infected with the fever virus without any vaccination. Between the autumn of 1942 and the summer of 1943 about 500 inmates of the Buchenwald Concentration Camp were used in these experiments. During my time about ten percent of the total number of the inmates used died as a result. heard that a larger number of the victims died after my time; that is about twenty percent.
8. The selection of inmates to be used for medical experiments in Block 46 by the 'Institute for Fever and Virus Research' was as follows: Whenever Dr. Ding needed for his work, was made to the office of the Camp Commandant and to me for action. Usually a man named Schober, an SS Hauptsturmfuehrer, me to select the necessary number of prisoners for these purposes. In accordance with this I selected various inmates from the camp. They were placed on a list over my signature and returned to Schober, who often removed certain names from the list for political reasons. In the that particular prisoners were removed from the list, I was to select in order Dr. Ding with the desired number. After I returned the completed list to Schober, it was given to Dr. Ding. He made a final, from a medical point of view, the physical condition of the selected inmates and to determine whether or not they met his.
TRANSFER OF INMATES TO THE BERNBURG EUTHANASIA STATION
9. I became — in 1941 that the so-called 'Euthanasia' program for the the mentally and physically was being carried out in Germany. At that time the camp commander, Koch, called all the important SS officials of the camp together and informed them that he had received a secret order from Himmler to the effect that all mentally and physically 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 program. In these orders 300 to 400 Jewish prisoners of different nationalities were sent to the 'Euthanasia Station' at Bernburg. A few days later I received a list of the names of those Jews who were at Bernburg from the camp commander and was ordered to of death.
I obeyed this order. This particular action was executed under the code name '14 f 13'. I visited Bernhurg on one occasion to arrange for the cremation of two inmates who died in the Wernigerode Branch ( ) of the Buchenwald Concentration Camp.
THE KILLING OF INMATES BY PHENOL AND OTHER.
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. Hence, many of the prisoners these positions and made every effort to discredit the men who held the key positions. Such actions became known to the men in the key positions and then such were immediately killed. In each case I was later notified in order to make out the death of the prisoners killed. These did not indicate the actual cause of death, but were made out to indicate that the prisoner died of natural causes.
11. In some 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 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 in the camp hospital, and the rest were killed by various such as beatings, by the inmates.
The above written in the English language, consisting of five (5) pages, is true and correct to the best of my knowledge and belief. This was given by me freely and, without promise of and I was to no or of any kind.
I believe that completes the affidavit as it is, Dr. Gawlik, with the words omitted that the witness said he did not understand or fully comprehend their import.
BY THE PRESIDENT:
Q: Witness, have you recently examined the original of your affidavit?
A: The original? No.
Q: Are you aware of the fact that in paragraph 4 after the words "Spotted Fever Experimental Station" in the document which you have there appear in parenthesis the words "Fleckfieber Versuchsstation", with some other German words, including again "Fleckfieber" and "Virus Forschung"? Are you aware of the fact that those words appear in German after the English words "Spotted Fever Experimental Station"?
A: Since you remind me of it, Mr. President, I remember. I understood Judge Sebring to tell him what words I do not know and I had never heard the word "spotted fever" before.
A: Are you aware of the fact the words in German which I have endeavored to read appear in your original affidavit?
A: Yes.
Q: Then you understood perfectly well what the words "spotted fever" in English meant, because they were translated in German immediately following those words in English?
A: Judge Sebring asked me what it was. I did not know.
Q: I understand that.
A: I knew that this was about the typhus experimental station, yes.
Q: And when you signed this affidavit, you knew the German words translated "spotted fever experimental station" appeared in the affidavit which you signed?
A: As far as I can remember, I had read "spotted fever". I probably read the German "Fleckfieber and "Virus Forschung", and I probably just ignored the "spotted fever".
Q: But those words were in the affidavit in German when you signed it?
A: Yes.
Q: In paragraph 5, beginning with the second sentence it reads in English in the affidavit before you:
From this time on the experimental station was known as 'Department for Spotted Fever and Virus Research of the Hygiene Institute of the Waffen SS'.
Following those words in your original affidavit appear in parenthesis those same words in German, "Hygiene Institut der Waffen SS — Abteilung fuer Fleckfieber und Virus Forschung". Do you remember that?
A: Yes, that is right.
Q: Now, you had every opportunity, witness, to correct your affidavit, did you not?
A: Yes.
Q: Do you remember making any corrections in it?
A: Yes, I did.
THE PRESIDENT: In the last sentence in paragraph five appears the affidavit as originally prepared, quote, reading the last sentence:
I can recall meeting Dr. Mrugowsky in the home of Dr. Ding, on one of his many visits to Buchenwald.
The word "many" is eliminated by a line having been drawn through it and in the margin following that line appear your initials "Dr. Hn". Does that to you indicate that you objected to the word "many" and asked that it be eliminated?
THE WITNESS: Yes.
THE PRESIDENT: And it was eliminated and you initialed the margin to show that you had asked that it be eliminated, is that correct?
THE WITNESS: Yes.
THE PRESIDENT: Referring to paragraph 11, that paragraph begins:
In some instances I supervised the killing of these unworthy inmates by injection of phenol,
Following the word "phenol" appear in handwriting the words "at the request of the inmates". Your initials, "Dr. Hn", follow that addition. Does that to you indicate that you requested the addition of those words "at the request of the inmates"?
THE WITNESS: Yes.
THE PRESIDENT: It then appears, witness— Just a moment, there is another addition. At the close of paragraph 2, the last line reads, referring to yourself:
And remained under arrest until 12 September 1944.
The affidavit was originally written with that date "until 12 September 1944"; that date was changed in handwriting to 15 March 1945. Is that the correct date when your arrest was terminated, 15 March 1945?
THE WITNESS: Yes.
THE PRESIDENT: That addition in handwriting is followed by your initials, "Dr. H.". Does that indicate to you that you corrected the affidavit by asking that the correct date be added?
THE WITNESS: Yes, Your Honor.
THE PRESIDENT: Do you remember that you were requested to initial with the words "Dr. H." or Dr. Hn." every page of this affidavit?
Every page of this affidavit, as shown in the photostat, at the bottom of the page appear the initials "Dr. Hn.".
THE WITNESS: Yes.
THE PRESIDENT: Those were your initials and you initialed every page?
THE WITNESS: Yes, Your Honor.
THE PRESIDENT: Do not the facts which I have just referred to indicate that you read this affidavit very carefully?
THE WITNESS: Your Honor, it was read aloud to me and I followed it, as I said on Saturday.
THE PRESIDENT: Does it not indicate then that you paid attention to it when it was read to you and considered the language of the affidavit carefully and made corrections, which you felt were necessary in order to make the affidavit complete and correct?
THE WITNESS: I do not believe, Mr. President, that I read it very carefully. I made these corrections, just the ones that appeared to me and came to my attention, this date for instance.
THE PRESIDENT: Does it not also indicate that the person who read you the affidavit was anxious to have the affidavit prepared exactly as you wished it by adding corrections which you suggested?
THE WITNESS: As to the word "friendly" I objected and no changes were made. This is on page 3, the sixth line from the top; it says "very friendly". I objected to that for "Zweckfreundschaft".
THE PRESIDENT: But other suggestions which you made were followed, were they not?
THE WITNESS: Yes, Your Honor.
THE PRESIDENT: Does it occur to you now, or did it occur to you then, that if there were any words in the affidavit, which you did not fully understand, that the meaning would not have been explained to you?
THE WITNESS: No, I cannot say that. I think the reason was I should have demanded that I be given the affidavit to study it carefully and would be given enough time to read it through. It was possibly my fault;
I failed to make that demand. I had the impression that the man who was making the affidavit was in a great hurry; he kept offering me the fountain pen, and that is why I signed it. Perhaps I was a little careless. It was also a fact that my interrogator had the impression from what I told him that I spoke English and after a few days he gave me a part of the affidavit, my life history, in German, not in English like this affidavit, but in German. There it was discovered that, although I read the English version of the affidavit before, I saw so many mistakes when I saw it in German that we had to rewrite it.
THE PRESIDENT: I will ask the secretary during the recess to procure the original of this affidavit. I assume it is available in the office of the Secretary General. I would like to see it.
The Tribunal will now be in recess.
(A recess was taken.)