1947-08-19, #19: Doctors' Trial Verdict — Dr. Hermann Becker-Freyseng

Judgment: Herman Becker-Freyseng — GUILTY ON ALL COUNTS

THE CASE OF THE DEFENDANT HERMANN BECKER-FREYSENG

JUDGE CRAWFORD: The defendant Becker-Freyseng is charged under Counts Two and Three of the Indictment with personal responsibility for, end participation in, High-Altitude, Freezing, Sulfanilamide, Seawater, Epidemic Jaundice and Typhus Experiments.

The prosecution has abandoned all charges except as to High-Altitude, Freezing, Sea Water and Typhus experiments, and hence only these will be considered.

The defendant Becker-Freyseng joined the Nazi Party in 1933. In 1940 he was drafted into the Luftwaffe. In 1943 he was promoted to the rank of Stabsarzt [Staff Surgeon] in the Luftwaffe.

From August 1941 until May 1944 the defendant was an assistant consultant to Anthony, Chief of the Referat for Aviation Medicine, Berlin.

This department dealt with all questions concerning aviation medicine and reported to the Chief of the Medical Service of the Luftwaffe. When Schroeder became Chief of the Medical Service of the Luftwaffe on 1 January 1944, the defendant became the consultant for Aviation Medicine in Schroeder's office.

HIGH ALTITUDE EXPERIMENTS:

As shown elsewhere in the Judgment, high altitude experiments for the benefit of the Luftwaffe were conducted at Dachau Concentration Camp, on non-German nationals, beginning in February or March 1942. These experiments had been approved, in principle, at least, by Hippke, Chief of the Medical Services of the Luftwaffe. A mobile low-pressure chamber which had been in the possession of the Department of Aviation Medicine, Berlin, was transferred to Dachau for use in the experiments. Concentration camp inmates were killed while being subjected to experiments conducted in the chamber.

During the time the experiments were conducted, defendant Becker-Freyseng was an assistant consultant to Anthony, Chief of the Referat for Aviation Medicine, Berlin. All low-pressure chambers owned by the Luftwaffe were under the general control of that office.

It is submitted by the Prosecution that the record shows that Becker-Freyseng was a principal in, accessory to, aided, abetted, took a consenting part in, and was connected with plans and enterprises involving the commission of these experiments.

The evidence upon this charge is not deemed sufficient to preponderate against a reasonable doubt as to the defendant's guilty participation in the experiments here involved.

FREEZING EXPERIMENTS:

It is claimed that in June 1942, Becker-Freyseng was informed from certain of his official files that a meeting to consider experiments to investigate the treatment of persons who had been severely chilled or frozen would be held in Nurnberg the following October (Referred to as the "Cold Congress"). It is contended that the directive which set the experiment into motion was issued, from the office of the Department for Aviation Medicine, that the funds and equipment were supplied by that office, and that Becker-Freyseng had knowledge of the experiments, and that he admitted such knowledge.

As to all this, the proof is clear that Becker-Freyseng was actively employed in organizing and was present at the so-called "Cold Congress." But, more than the evidence discloses is needed to establish that he had any later part in or connection with the experiments themselves, or that he had any controlling relationship to their initial establishment.

TYPHUS EXPERIMENTS:

The evidence is insufficient to disclose any criminal responsibility of the defendant Becker-Freyseng in connection with the typhus experiments.

SEA WATER EXPERIMENTS:

We have discussed the sea water experiments in that portion of our Judgment which deals with the case of the defendant Schroeder. As was pointed out there, two methods of making sea water drinkable were available to the Luftwaffe. One, the so-called Schaefer method, had been chemically tested and apparently produced, potable sea water; the other, the so-called Berka process, which changed the taste of the sea water but did not reduce the salt content.

Becker-Freyseng as Chief Consultant for Aviation Medicine in the office of Schroeder arranged for a conference to be held in May 1944 to discuss the testing of these two methods. At the conference the defendant reported on various clinical experiments which had been conducted by certain von Sirany to test the Berka process. He came to the conclusion that the experiments had not been conducted under sufficiently realistic conditions of sea distress to make the findings conclusive.

As a result of the conference it was decided that new experiments should be conducted.

We learn from the report of the meeting which is in evidence that two series of experiments were to be conducted. The first, a maximum period of six days during which one group of subjects would receive sea water processed with the Berka method; a second group, ordinary drinking water; a third group no water at all; and the fourth group, such water as would be available in the emergency sea distress kits then used. During the duration of the experiment all persons were to receive only an emergency sea diet such as provided for persons in distress at sea.

In addition to the 6-day experiment it was determined that a 12-day experiment should be run. The report on this series reads as follows:

Persons nourished with sea water and Berkatit, and as diet also the emergency sea rations.

Duration of experiments: 12 days

Since in the opinion of the Chief of the Medical Service permanent injuries to health, that is, the death, of the experimental subjects has to be expected, as experimental subjects such persons should be used as will be put at the disposal by Reichsfuehrer SS.

By letter dated 7 June 1944 Schroeder requested the Reichsfuehrer SS to allow him to use concentration camp inmates for the sea water experiments. The letter stated, among other things, the following:

As the experiments on human beings could thus far only be carried out for a period of four days, and as practical demands require a remedy for those who are in distress at sea up to 12 days, appropriate experiments are necessary.

Required are 40 healthy test subjects, who must be available for 4 whole weeks. As it is known from previous experiments, that necessary laboratories exist in the concentration camp Dachau, this camp would be very suitable —

When on the stand as a witness the defendant Becker-Freyseng admitted that he prepared the substance of the letter for Schroeder's dictation and signature.

Thus with actual knowledge of the nature of the Berka process and the fact that if used over prolonged periods it would cause suffering and death, Becker-Freyseng counseled and conferred with his Chief concerning the necessity for experiments wherein the process would be used. He gave advice upon the exact procedure to be used in the 6-day and 12-day experimental series. He framed, the letter to Himmler requesting the use of concentration camp inmates at Dachau for experimental subjects. He called the defendant Beiglboeck to Berlin to explain to him the details and purpose of the experiments. He issued the order under which Beiglboeck went to Dachau to begin the experiments. He received Beiglboeck's report after the experimental series had been concluded.

Throughout all stages of the affair, from its inception to its conclusion, the defendant knew of the dangerous nature of the experiments. He knew that deaths were reasonably to be expected. He knew that concentration camp inmates were to be used as experimental subjects. It is impossible to believe that he supposed that the inmates of the camps, who were to be furnished by Himmler, were to be volunteers. The entire language of the letter which was written to Himmler asking for experimental subjects entirely refutes such implication.

The evidence shows conclusively that Gypsies of various nationalities were used as experimental subjects. They were former inmates of Auschwitz who had been tricked into coming to Dachau under the promise that they were to be used in a special labor battalion. When they arrived at Dachau they were detailed to the sea water experiments without their voluntary consent being asked or given.

During the course of the experiment many of the experimental subjects were treated brutally and endured much pain and suffering.

It is apparent from the evidence that Becker-Freyseng was criminally connected with the experiments, and that the experiments were essentially criminal in their nature.

To the extent that the crimes committed by him or under his authority were not war crimes, they were crimes against humanity.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Hermann Becker-Freyseng guilty under Counts Two and Three of the Indictment.