1947-08-19, #13: Doctors' Trial Verdict — Dr. Joachim Mrugowsky

Judgment: Joachim Mrugowsky — GUILTY ON ALL COUNTS

THE CASE OF THE DEFENDANT JOACHIM MRUGOWSKY

THE PRESIDENT: The defendant is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, freezing, malaria, sulfanilamide, typhus, poison, epidemic jaundice, and incendiary bomb, experiments. Charges were made concerning certain other medical experiments, but they have been abandoned by the Prosecution.

Mrugowsky joined the NSDAP in 1930 and the SS in 1931. He ultimately rose to the rank of Senior Colonel in the Waffen-SS.

In 1938 Mrugowsky became a member of the Staff of the SS Medical Office, as hygienist. At the beginning of 1939, he founded the Hygiene Bacteriological Testing Station of the SS in Berlin, whose purpose was to combat epidemics in the SS garrison troops of the Waffen-SS. In 1940 the station was enlarged and renamed the "Hygiene Institute of the Waffen-SS." Mrugowsky became its Chief and at the same time Chief of the Office for Hygiene in the Medical Service of the Waffen-SS, under Genzken.

In his dual capacity Mrugowsky was answerable to Genzken in all questions concerning epidemic control and hygiene in the Waffen-SS, but as Chief of the Hygiene Institute, was military superior and commander of the Institute and its affiliated, institutions with power to issue orders.

The Medical Service of the Waffen-SS was reorganized on 1 September 1943. Mrugowsky and the Hygiene Institute were transferred from under Genzken and became directly subordinated to Grawitz as Reichsarzt [Reich Physician] SS and Police. By this transfer Mrugowsky became Chief Hygienist under Grawitz, but remained Chief of the Hygiene Institute.

TYPHUS AND OTHER VACCINE EXPERIMENTS:

The details concerning the vaccine experiments conducted at Buchenwald Concentration camp have been related elsewhere in this Judgment and hence the details need no further discussion.

As pointed out in the case against Handloser there is evidence in the record that on 29 December 1941 a conference was held in Berlin attended by Mrugowsky at which the decision was reached to begin research tests at Buchenwald to determine the efficiency of egg-yolk, and other, vaccines as protection against typhus.

As a result of the conference such an experimental station was established at Buchenwald under the direction of Dr. Ding, with the defendant Hoven acting as his deputy.

Except for a few tests conducted early in 1942, all experiments were carried out in Block 46 — so called clinical block of the station. In the autumn of 1943 a vaccine production department was established in Block 50 and this also came under the supervision of Dr. Ding-Schuler.

It would burden this judgment unnecessarily to narrate in detail the various tests and experiences carried out by Ding at Buchenwald as a result of the decisions reached at higher levels. All of them conformed to a more or less uniform pattern, with certain groups of inmates being inoculated with vaccines, other groups (known as central groups) being given no immunization, and finally both groups being artificially infected with a virulent virus, and the results noted upon the experimental subjects.

We learn from the Ding Diary, the authenticity and reliability of which has been discussed at length in other portions of the judgment, the methods employed and the results obtained in at least some of the experiments.

For example: Typhus vaccination material Research Series I, which began on 6 January 1942, 135 inmates were vaccinated with Weigl, Cox-Haagen-Gildemeister, Behring Normal, or Behring Strong, vaccines; 10 persons were used for control. On 3 March 1942 all test subjects, including control persons, were artificially infected with virulent virus of rickettsia-prowazeki furnished by the Robert Koch Institute. Five deaths occurred; three in the control group and two among the vaccinated subjects.

In typhus vaccine; research series II, from 19 August to 4 September 1942, 40 persons were vaccinated with two different vaccines; 19 persons were used for control. Subsequently all were artificially infected with virulent virus; four deaths among the control persons occurred.

The entries in the diary concerning "Typhus vaccine experimental series VII" read as follows:

28 May 43 — 18 June 1943: Carrying of typhus vaccination for immunization with the following vaccine:

1. 20 persons with vaccine "Asid",

2. 20 persons with vaccine "Asid Adsorbat",

3. 20 persons with vaccine "Weigl" of the institute for spotted fever and virus research of the supreme command; Army (OKH) Cracow (Eyer)

All experimental persons got very serious typhus.

7 September 1943: Chart and case history completed. The experimental series was concluded. 53 deaths (18 with "Asid") (18 with "Asid Adsorbat") (9 with "Weigl") (8 control)

9 September 1943: Charts and case histories delivered to Berlin. Dr. Ding SS-Sturmbannfuehrer [Major].

Concerning "typhus vaccine experimental series VIII" begun on 8 March 1944 the following entry appears in the diary:

Suggested by Colonel M.C. of the air-corps, Prof. Rose (Oberstarzt) the vaccine "Kopenhagen" (IpsenMurine-Vaccine) produced from mouse liver by the national serum institute in Kopenhagen was tested for its compatibility on humans. 20 persons were vaccinated for immunization by intramuscular injection. 10 persons were contemplated for control and comparison, 4 of the 30 persons were eliminated before the start of the artificial injection, because of intermittent sickness.

The remaining experimental persons were infected on 16 April 44 by subcutaneous injection of l/20 cc typhus sick fresh blood. The following fell sick:

1. 17 persons immunized; 9 medium, 8 seriously;

2. 9 persons control, 2 medium, 7 seriously.

2 June 1944: The experimental series was concluded.

13 June 1944: Chart and case history completed and sent to Berlin. 6 deaths (3 Kopenhagen) (3 control). Dr. Ding.

Typhus vaccine experimental series IX began on 17 July. Twenty persons were immunized with the vaccine "Weimar", produced by the department for typhus and virus research of the Hygiene Institute of the Waffen-SS; and for comparison, another group of 20 persons were immunized with vaccine "Weigl" produced from lice by the Army Supreme Command (OKH) in Cracow. Still another group of 20 persons were used for the control group. On 6 September 1944 the 60 experimental persons were infected with fresh blood "sick with typhus" which was injected into the upper arm. As a result all experimental persons became sick; some seriously. The narration of this experimental series closes with the cryptic report:

4 November 1944: Chart and case history completed, 24 deaths (5 'Weigl') (19 Control). Dr. Schuler.

These entries are but few of the many which we have taken at random from the Ding diary, dealing with the sordid murders of defenseless victims in the name of Nazi medical science. Many more could be set forth if time and space permitted. An analysis of the Ding Diary discloses that no less than 729 concentration camp inmates were experimented on with typhus, at least 154 of whom died. And this toll of death takes no account of the certain demise of scores of so-called "passage" persons who were artificially infected with typhus for the sole purpose of having at hand an ever-ready supply of fresh blood "sick with typhus", to be used to infect the experimental subjects.

There is some evidence to the effect that the camp inmates used as subjects in the first series submitted to being used as experimental subjects after being told that the experiments were harmless and that additional food would be given to volunteers. But these victims were not informed that they would be artificially infected with a highly virulent virus nor that they might die as a result. Certainly no one would seriously suggest that under the circumstances these men gave their legal consent to act as subjects. One does not ordinarily consent to be the special subject of a murder, and if one did, such consent would not absolve his slayer.

Later, when news of what was happening in Block 46 became generally known in the camp it was no longer possible to delude the inmates into offering themselves as victims. Thereupon, the shabby pretense of seeking volunteers was dropped and the experimental subjects were taken arbitrarily from a list of inmates prepared by the camp administration.

Other experiments were also carried out in Block 46 of Buchenwald to test typhoid, para-typhoid A and B, and yellow fever.

As in the typhus experiments, non-consenting human subjects were used, including not only German criminal prisoners but also Poles, Russians and Frenchmen, both civilians and prisoners of war.

In all the typhus experiments death resulted to many experimental subjects. As to each of these experiments the evidence is overwhelming that they were carried out by Ding under the orders or authority of the defendant Mrugowsky.

POISON EXPERIMENTS:

On 11 September 1944 Mrugowsky, Ding, and a certain Dr. Wildmann, carried out an experiment with aconitin nitrate projectiles in the Sachenshausen Concentration Camp. Details of the experiment are fully explained by a "Top Secret" report of the sordid affair in a letter written by the defendant Mrugowsky to the Criminological Institute, Berlin. The letter follows:

Subject: Experiments with Aconitin nitrate Projectiles To the Criminological Institute
Attention: Dr. Wildmann, Berlin

In the presence of SS-Sturmbannfuehrer Dr. Ding, Dr. Wildmann and the undersigned, experiments with Aconitin nitrate projectiles were conducted on 11 September 1944 on 5 persons who had been condemned to death.

The projectiles in question were of a 7.65 mm caliber, filled with crystalized poison. The experimental subjects, in a lying position, were each shot in the upper part of the left thigh. The thighs of two of them were cleanly shot through. Even afterwards, no effect of the poison was to be observed. These two experimental subjects were therefore exempted.

The entrance of the projectile did not show any peculiarities. Evidently, the arteria femolaries of one of the subjects was injured. A light stream of blood issued from the wound. But the bleeding stopped after a short time. The loss of blood was estimated as having been at the most 3/4 of a later, and consequently was on no account fatal.

The symptoms of the condemned three showed a surprising similarity. At first no peculiarities appeared. After 20-25 minutes a motor agitation and a slight ptyalism set in, but stopped again. After 40 to 45 minutes a stronger salivation set in. The poisoned persons swallowed repeatedly, but later the flow of saliva became so strong that it could not even be overcome by swallowing. Foamy saliva flowed from their mouths. Then choking and vomiting set in.

After 58 minutes the pulse of two of them could no longer be felt. The third had a pulse rate of 76. After 65 minutes his blood pressure was 90/60. The sounds were extremely low. A reduction of blood pressure was evident.

During the first hour of the experiment the pupils did not show any change. After 78 minutes the pupils of all three showed a medium dilation together with a retarded light reaction. Simultaneously, maximum respiration with heavy breathing inhalations set in. This subsided after a few minutes. The pupils contracted again and their reaction improved. After 63 minutes the patellar and achilles tendon reflexes of the poisoned subjects were negative. The abdominal reflexes of two of them were also negative. The upper abdominal reflexes of the third were still positive, while the lower were negative. After approximately 90 minutes, one of the subjects again started breathing heavily, this was accompanied by an increasing motor unrest. Then the heavy breathing changed into a flat, accelerated respiration, accompanied by extreme nausea. One of the poisoned persons tried in vain to vomit. To do so he introduced four fingers of his hand up to the knuckles into his throat, but nevertheless could not vomit. His face was flushed.

The other two experimental subjects had already early shown a pale face. The other symptoms were the same. The motor unrest increased so much that the persons flung themselves up, then down, rolled their eyes and made meaningless motions with their hands and arms. Finally the agitation subsided, the pupils dilated to the maximum, and the condemned lay motionless. Masseter spasms and urination were observed in one case. Death occurred 121, 123 and 129 minutes after entry of the projectile.

Summary: The projectiles filled with approximately 33 mg. of Aconitin nitrate in solid form had, in spite of only insignificant injuries, a deadly effect after two hours. Poisoning showed 20 to 25 minutes after injury. The main reactions were: salivation, alteration of the pupils, negative tendon reflexes; motor unrest and extreme nausea.

/s/ MRUGOWSKY, SS-Lecturer Oberfuehrer [Senior Colonel] and Office Chief.

The defendant attempts to meet this charge with the defense that the subjects used in this experiment were persons who had been condemned to death and that he, Mrugowsky, had been appointed as their legal executioner.

One need but read the letter introduced in evidence to arrive at the conclusion that the defense has no validity. This was not a legal execution carried out in conference with the laws and rules of war, but a criminal medical experiment wherein wounds were inflicted on prisoners with the sole end in view of determining the effectiveness of poisoned bullets as a means of taking life. The hapless victims of this dastardly torture were Russian prisoners of war, entitled to the protection afforded by the laws of civilized nations. As has been said, in substance, in this judgment: While under certain specific conditions the rules of land warfare may recognize the validity of an execution by shooting, it will not under any circumstances countenance the infliction of death by maiming or torture.

SULFANILAMIDE EXPERIMENTS:

That Mrugowsky rendered assistance to Gebhardt in the sulfanilamide experiments at Ravensbruck is plainly shown by the record. Mrugowsky put his laboratory and co-workers at Gebhardt's disposal. He furnished the cultures for the infections. It was on the suggestion of Mrugowsky's office that wood shavings and ground glass were placed in the wounds of the subjects so that battle-field wounds would be more closely simulated.

GAS OEDEMA EXPERIMENTS:

Toward the end of 1942 a conference was held in the Military Medical Academy, Berlin, to discuss the effects of gas oedema serum on wounded persons. During the conference several cases were reported in which wounded soldiers who had received gas oedema serum injections in large quantities suddenly died without apparent reason. Mrugowsky, who participated in the conference, expressed the possibility that perhaps the deaths had been due to the phenol content of the serum. As a step toward solving the problem Mrugowsky ordered Dr. Ding Schuler, his subordinate, to take part in a euthanasia killing with phenol and to report on the results in detail.

In pursuance of the order given Dr. Ding and the defendant Hoven killed some of the concentration camp inmates at Buchenwald with phenol injections and Ding reported his findings to his superior officer, Mrugowsky, as required by the order.

FREEZING, INCENDIARY BOMB, AND EPIDEMIC JAUNDICE EXPERIMENTS:

As to these items the Tribunal is of the view that the evidence is insufficient to sustain the charges.

It has been proved beyond a reasonable doubt that the defendant Mrugowsky was a principal in, accessory to, ordered, abetted, took a consenting part in and was knowingly connected with plans and enterprises involving medical experiments on non-German nationals, without their consent, in the course of which experiments murders, brutalities, cruelties, tortures, atrocities and other in humane acts were committed, To the extent that these crimes were not war crimes they were crimes against Humanity.

COUNT FOUR: Under Count four the indictment the defendant is charged with being a member of an organization declared criminal by the International Military Tribunal, namely, the SS.

The evidence proves that Mrugowsky joined the NSDAP in 1930 and voluntarily became a member of the Waffen-SS in 1931. He remained in these organizations throughout the war. As a member of the Waffen-SS he was personally implicated in the commission of war crimes and crimes against humanity, as discussed in this judgment.

CONCLUSION

Military Tribunal I finds and adjudges that the defendant Joachim Mrugowsky, is guilty, under Counts Two, Three, and Four of the Indictment.