1947-08-19, #5: Doctors' Trial Verdict — Dr. Karl Brandt

Judgment: Karl Brandt — GUILTY ON ALL COUNTS

THE CASE OF THE DEFENDANT KARL BRANDT

THE PRESIDENT: The defendant Karl Brandt is charged with special responsibility for, and participation, in Freezing, Malaria, Lost Gas, Sulfanilamide, Bone, Muscle and Nerve Regeneration and Bone Transplantation, Sea Water, Epidemic Jaundice, Sterilization, and Spotted Fever Experiments, as alleged under Counts Two and Three of the Indictment.

He is also charged in Counts Two and Three with criminality in connection with the planning and carrying out of the Euthanasia program of the German Reich. Under Count Four of the Indictment he is charged with Membership in the SS, an organization declared criminal by the judgment of the International Military Tribunal.

Karl Brandt was born 8 January 1904 at Muehlhausen, Alsace, then a portion of Germany, studied medicine, and passed his medical examination in 1928. He joined the National Socialist Party in January 1932, and became a member of the SA in 1933. He became a member of the Allgemeine—SS in July 1934 and was appointed Untersturmfuehrer [Lieutenant] on the day he joined that organization. During the summer of 1934 he became Hitler's "Escort Physician"—as he describes the office.

He was promoted to the grade of Obersturmfuehrer in the Allgemeine—SS on 1 January 1935; and in 1938 was classed as deferred in order that in case of war he might be free to serve on the staff of the Reich Chancellery in Hitler's headquarters. During the month of April 1939 Karl Brandt was promoted to the rank of Obersturmbannfuehrer [Lieutenant Colonel] in the Allgemeine-SS. In 1940 he was transferred from the Allgemeine-SS to the Waffen-SS, in which commissions were equivalent to those of the Army. On 30 January 1943; he received a grade equivalent to that of Major General in the Waffen-SS, and on 20 April 1944 was promoted to the grade of Lieutenant General in that organization. Having at some previous date been relieved as Hitler's escort physician, he was again appointed as such in the fall of 1944. On 16 April 1945 he was arrested by the Gestapo, and the next day was condemned to death by a court at Berlin. He was released from arrest by order of the provisional government under Doenitz on 2 May 1945. On 23 May 1945 he was placed under arrest by the British authorities.

By decree bearing date 28 July 1942, signed by Hitler, Keitel and Lammers, Karl Brandt was invested with high authority over the medical services, military and civilian, in Germany.

Paragraphs 3 and 4 of this decree, referring to Karl Brandt, read as follows:

3. I empower Professor Dr. Karl Brandt, subordinate only to me personally and receiving his instructions directly from me, to carry out special tasks and negotiations to readjust the requirements for doctors, hospitals, medical supplies, etc., between the military and the civilian sectors of the Health and Medical Services.

4. My plenipotentiary for Health and Medical Services is to be kept informed about the fundamental events in the medical Service of the Wehrmacht and in the Civilian Health Service. He is authorized to intervene in a responsible manner.

By decree bearing date 5 September 1943, signed, by Hitler and Lammers, Brandt's authority was strengthened. This decree reads as follows:

In amplification of my decree concerning the Medical and Health Services of 28 July 1942 (RGB. I P. 515) I order:

The plenipotentiary for the Medical and Health Services, General Commissioner Professor Dr. Med. Brandt, is charged with centrally coordinating and directing the problems and activities of the entire Radical and Health Services according to instructions. In this sense this order applies also to the field of Medical Science and Research, as well as to the organizational institutions concerned with the manufacture and distribution of medical material.

The plenipotentiary for the Medical and Health Services is authorized to appoint and commission special deputies for his spheres of action.

By further decree bearing date 25 August 1944, signed by Hitler, Lammers, Bormann, and Keitel, Karl Brandt received further authority.

This decree reads:

I hereby appoint the General Commissioner for Medical and Health matters, Professor Dr. Brandt, Reich Commissioner for Sanitation and Health as well, for the duration of this war.

In this capacity his office ranks as highest Reich authority.

The Reich Commissioner for Medical and Health Services is authorized to issue instructions to the offices and organizations of the State, Party and Wehrmacht, which are concerned with the problems of the Medical and Health Services.

Prosecution Exhibit 445, a letter bearing date at Munich, 9 January 1943, signed by Conti and marked "Strictly Confidential", directed to the Leaders of Public Health Gau Offices of the National Socialist German Workers' Party, refers to a decree of the Fuehrer on "Suspending the Pledge to Secrecy in Special Cases." The letter continues:

For your strictly confidential information I am sending attached Fuehrer decree and the circular letter I am writing on that subject to the heads of the medical chambers.

Another portion of the exhibit consists of a copy of Conti's letter, also bearing date 9 January 1943, to the heads of the medical chambers, and reads as follows:

Strictly Confidential.

Subject: Fuehrer decree on suspension of pledge to secrecy in special cases.

Gentlemen:

I am sending you enclosed a Fuehrer decree which I received from Professor Dr. Brandt —

Communications having bearing on the Fuehrer decree should be directed to the following address: Professor Doctor Karl Brandt, Personal Attention, Berlin W-3, Reich Chancellory.

It is left to the discretion of the physician who is handling the case whether he wishes to acquaint the patient with the information himself.

Hitler's decree, bearing date 23 December 1942, reads as follows:

Court No. I.

I not only relieve physicians, medical practitioners and dentists of their pledge to secrecy towards my Commissioner-General Professor Dr. Med. Karl Brand, but I place upon them the binding obligation to advise him for my own information — immediately after a final diagnosis has established a serious disease, or a disease of illboding character, with a personality holding a leading position or a position of responsibility in the State, the Party, the Wehrmacht, in Industry, and so forth.

Concerning this matter, Karl Brandt testified that the decree "in special cases" relieved German physicians from one of the generally accepted principles of medical practice.

From the year 1942 to the end of the war Karl Brandt was a member of the Reich Research Council and was also a member of the Presidential Council of that body.

Karl Brandt, then, finally reached a position authorizing him to issue instructions to all the medical services of the State, Party, and Wehrmacht concerning medical problems (Hitler Decree bearing date 25 August 1944). The above decrees of Hitler disclose his great reliance upon Karl Brandt and the high degree of personal and professional confidence which Hitler reposed in him.

It may be noted that by the service regulation governing the Chief of the Medical Services of the Wehrmacht, issued by Keitel 7 August 1944, the chief of those medical services was required to pay due regard to the general rules of the Fuehrer's Commissioner General for Medical and Health Departments. The regulation contained the following:

3. The Chief of the Medical Services of the Wehrmacht will inform the Fuehrer's Commissioner General about basic events in the field of the Medical Services of the Wehrmacht.

By a pre-trial affidavit made by the defendant Handloser and put in evidence by the Prosecution, Handloser makes the statement that Karl Brandt was his "immediate superior in medical affairs."

SULFANILAMIDE EXPERIMENTS:

Certain Sulfanilamide experiments were conducted at Ravensbruck for a period of about a year prior to August 1933. These experiments were carried on by the defendants Gebhardt, Fischer, and Oberheuser — Gebhardt being in charge of the project. At the third meeting of the consulting physicians of the Wehrmacht held at the Military Medical Academy in Berlin from 24 to 26 May 1943; Gebhardt and Fischer made a complete report concerning these experiments. Karl Brandt was present and heard the reports. Gebhardt testified that he made a full statement concerning what he had done, stating that experiments had been carried out on human beings. The evidence is convincing that statements were also made that the persons experimented upon were concentration camp inmates. It was stated that 75 persons had been experimented upon, that the subjects had been deliberately infected, and that different drugs had been used in treating the infections to determine their respective efficacy. It was also stated that three of the subjects died. It nowhere appears that Karl Brandt made any objection to such experiments or that he made any investigation whatever concerning the experiments reported upon, or to gain any information as to whether other human subjects would be subjected to experiments in the future. Had he made the slightest investigation, he could have ascertained that such experiments were being conducted on non-German nationals, without their consent, and in flagrant disregard of their personal rights; and that such experiments were planned for the future.

In the medical field Karl Brandt held a position of the highest rank directly under Hitler. He was in a position to intervene with authority on all medical matters; indeed, it appears that such was his positive duty. It does not appear that at any time he took any steps to check medical experiments upon human subjects. During the war he visited several concentration camps. Occupying the position he did, and being a physician of ability and experience, the duty rested upon him to make some adequate investigation concerning the medical experiments which he knew had been, were being; and doubtless would continue to be, conducted in the concentration camps.

EPIDEMIC JAUNDICE EXPERIMENTS:

Karl Brandt is charged with criminal responsibility for experiments conducted for the purpose of discovering an effective vaccine to bring about immunity from Epidemic Jaundice, Grawitz, by letter dated 1 June 1943, wrote Himmler stating that Karl Brandt had requested his assistance in the matter of research on the causes of Epidemic Jaundice. Grawitz stated that Karl Brandt had interested himself in this research and desired that prisoners be placed at his disposal. The letter further stated that up to that date experiments had been made only on animals; but that it had become necessary to pursue the matter further by inoculating human beings with virus cultures. The letter stated that depths must be anticipated; and that eight prisoners who had been condemned to death were needed for the experiments at the hospital of the concentration camp at Sachsenhausen.

Under date of 16 June 1943 Himmler acknowledged the letter from Grawitz and directed that eight criminals in Auschwitz, Jews of the Polish resistance movement condemned to death, should be used for experiments which should be conducted by Dr. Dohmen at Sachsenhausen. Karl Brandt's knowledge of experiments on non-German nationals is clearly shown by the foregoing.

LOST (MUSTARD) GAS EXPERIMENTS:

It is clear from the record that experiments with Lost gas were conducted on concentration camp inmates throughout the period covered by the indictment. The evidence is that over 200 concentration camp inmates, Russians, Poles, Czechs and Germans, were used as experimental subjects. At least 50 of these subjects, most of whom were non-volunteers, died as a direct or indirect result of the treatment received.

Karl Brandt knew of the fact that such experiments were being conducted. The evidence is to the effect that he knew of Lost gas experiments conducted by Bickenbach at Strasbourg during the fall of 1943, in which Russian prisoners were apparently used as subjects some of whom died.

A letter written by the defendant Sievers to the defendant Rudolf Brandt, dated 11 April 1944, points to the fact that Karl Brandt knew of still other such experiments. The letter states, that in accordance with instructions he, Sievers, had contacted Karl Brandt, at Beelitz, and had reported to him concerning the activities of a certain Dr. Hirt, who the evidence shows had been experimenting with Lost gas upon concentration camp inmates at Natzweiler. In the letter, Sievers states, further, that Karl Brandt had told him that he would be in Strasbourg in April and would then discuss details with Dr. Hirt.

Knowledge of the conduct of at least some of the experiments was confirmed by Karl Brandt when he testified in his own behalf. He stated that pursuant to competent authority he had engaged in studies concerning defense measures against poison gas.

He admitted receiving a report from Hirt, and that one reading the report could reach the conclusion that human beings had been experimented upon in connection with injuries from Lost gas.

FREEZING, MALARIA, BONE, MUSCLE AND NERVE REGENERATION AND BONE TRANSPLANTATION, SEA WATER, STERILIZATION, AND TYPHUS, EXPERIMENTS:

The evidence does not show beyond a reasonable doubt that Karl Brandt is criminally responsible on account of the experiments with which he is charged under these specifications.

The defendant Karl Brandt certainly knew that medical experiments were carried out in concentration camps upon human subjects, that the experiments caused suffering, injury, and death. By letter bearing date 26 January 1943 Karl Brandt wrote to Wolff at the Fuehrer's (Hitler's) headquarters asking if it were possible to carry out "nutritional experiments" in concentration camps. The nature of the desired experiments does not appear, nor does the evidence show, whether whether or not such experiments were ever made. The letter, however, indicates Brandt's knowledge of the fact that human subjects could be made available for experimentation.

Defendant Rudolf Brandt, by letter dated 4 September 1944, wrote Baumert, evidently a member of Himmler's staff, stating that Karl Brandt had telephoned and requested that Himmler direct that 10 prisoners from Oranienburg should be made available as of the next day for two days to test a certain drug. The letter stated that the prisoners would not be injured by the test.

It appears from an official note filed by Kliewe, of the Army Medical Inspectorate, dated 23 February 1944 referring to a conversation with the defendant Blome on that date, that experiments concerning biological warfare connected with plant parasites, etc., had been made; that up to that date no experiments had been conducted in the field of human medicine; but that such experiments were necessary and were in contemplation.

The memorandum continues:

Field Marshal Keitel has given permission to build; Reichsfuehrer-SS and Generalarzt [General Physician] Professor Brandt have assured him of vast support. by request of Field Marshal Keitel the Armed Forces are not to have a responsible share in the experiments, since experiments will also be conducted on human beings.

It is significant that Hitler's Chief of Staff should deem it advisable to direct that the Wehrmacht should have nothing to do with experiments on human subjects.

EUTHANASIA:

Defendant Karl Brandt is charged under Counts Two and Three of the indictment with criminal activities in connection with the Euthanasia program of the German Reich, in the course of which thousands of human beings, including nationals of German-occupied countries, were killed between 1 September 1939 and April 1945.

On his own letterhead Hitler, at Berlin, 1 September 1939, signed a secret order reading as follows:

Reichsleiter [Reich Leader] 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.

Bouhler was holding a high office in the Interior. He was not a physician.

The foregoing order was not based on any previously existing German law; and the only authority for the execution of euthanasia was the secret order issued by Hitler.

The evidence shows that Bouhler and Karl Brandt, who were jointly charged with the administration of euthanasia, entered upon the duties assigned them in connection with the setting up of processes for carrying out the order. A budget was adopted; the method of determining candidates for euthanasia was established; a patients' transport corporation was organized to convey the selected patients to the gassing chambers. Questionnaires were prepared which were forwarded to the heads of mental institutions, one questionnaire to be accomplished concerning each inmate and then returned to the Ministry of the Interior.

At the Ministry the completed questionnaires were examined by so-called experts, who registered their professional opinions thereon, returned them to the appropriate office for final examination, and orders were issued for those patients who by this process were finally selected for extermination. Thereafter the condemned patients were gathered at collection points, from whence they were transported to euthanasia stations and killed by gassing.

Utmost secrecy was demanded of the executioners throughout the entire procedure. Persons actively concerned in the program were required to subscribe a written oath of secrecy and were warned that violation of that oath would result in most serious personal consequences The consent of the relatives of the "incurables" was not even obtained; the question of secrecy being deemed so important.

Shortly after the commencement of operations for the disposal of "incurables", the program was extended to Jews, and then to concentration camp inmates. In this letter phase of the program, prisoners deemed by the examining doctors to be unfit or useless for labor were ruthlessly wooded out and sent to the extermination stations in great numbers.

Karl Brandt maintains that he is not implicated in the extermination of Jews or of concentration camp inmates; that his official responsibility for euthanasia ceased at the close of the summer of 1941, at which time euthanasia procedures against "incurables" were terminated by order of Hitler.

It is difficult to believe this assertion, but even if it be true, we cannot understand how this fact would aid the defendant. The evidence is conclusive that almost at the outset of the program non-German nationals were selected for euthanasia and exterminated. Needless to say, these persons did not voluntarily consent to become the subjects of this procedure.

Karl Brandt admits that after he had disposed of the medical decisions required to be made by him with regard to the initial program which he maintains was valid, he did not follow the program further but left the administrative details of execution to Bouhler. If this be true, his failure to follow up a program for which he was charged with special responsibility constituted the gravest breach of duty. A discharge of that duty would have easily revealed what now is so manifestly evident from the record: That whatever may have been the original aim of the program, its purposes were prostituted by men for whom Brandt was responsible, and great numbers of non-German nationals were exterminated under its authority.

We have no doubt but that Karl Brandt — as he himself testified is a sincere believer in the administration of euthanasia to persons hopelessly ill, whose lives are burdensome to themselves and an expense to the state or to their families. The abstract proposition of whether or not euthanasia is justified in certain cases of the class referred to, is no concern of this Tribunal. Whether or not a state may validly enact legislation which imposes euthanasia upon certain classes of its citizens, is likewise a question which does not enter into the issues. Assuming that it may do so, the Family of Nations is not obliged to give recognition to such legislation when it manifestly gives legality to plain murder and torture of defenseless and powerless human beings of other nations.

The evidence is conclusive that persons were included in the program who were non-German nationals. The dereliction of the defendant Brandt contributed to their extermination. That is enough to require this Tribunal to find that he is criminally responsible in the program.

We find that Karl Brandt was responsible for, aided and abetted, took a consenting part in, and was connected with plans and enterprises involving medical experiments conducted on non-German nationals against their consent, and in other atrocities, in the course of which murders brutalities, cruelties, tortures and other inhumane acts were committed.

To the extent that these criminal acts did not constitute War Crimes they constituted Crimes against Humanity.

MEMBERSHIP IN CRIMINAL ORGANIZATION:

Under Count Four of the Indictment Karl Brandt is charged with being a member of an organization declared criminal by the Judgment of the International Military Tribunal, namely, the SS. The evidence shows that Karls Brandt became a member of the SS in July 1934 and remained in this organization at least until April 1945. As a member of the SS he was criminally implicated in the commission of War Crimes and Crimes against Humanity, as charged under Counts Two and Three of the Indictment.

CONCLUSION

Military Tribunal I finds ands adjudges the defendant Karl Brandt guilty, under Counts Two, Three, and Four, of the Indictment.

The Tribunal will now be in recess for a few minutes.

(A recess was taken.)