Front matter (continued 12)

TRANSLATION OF DOCUMENT 707-PS

SECRET! The Fuehrer of the Reich Head of the main office VS-diary, number 507/44 secret CdSSHA/Be/We. Adjtr-diary, number 253/44 secret Please by way of reply give reference and date indicated above Berlin—Wilmersdorf 1, Hohenzollerndamm 31 Post office box 58 now: Berlin-Grunewald, 8 February 1944 Douglasstrasse, 7/11 001518 Feb. 14, 1944 Document Z G. IR 131 To the "Ancestral Heritage" leader of the SS Sievers Waischenfeld, Oberfranken Dear comrade Sievers!

Enclosed herewith I transmit to you the attitude of the main leader of the SS group Jankuhn in regard to the evacuation of the museum of Charkow.

I have looked over the report hurriedly, I have not read it. It is superfluous to discuss it.

Heil Hitler W.G. Buegel SS leader [Pencil note:]

It is a cheap method to do away with my report, which is supported by facts, by referring to matters that are not dealt with in the report because these matters do not pertain to the functions of the Sonderkommando Jahnkuhn, and were not within Jahnkuhn's jurisdiction. Transport space and transport facilities were not supplied by the Waffen SS but by the German Reich-Railroad. This opportunity was available to the opposing side, but was not utilized by them.

SECRET The Ancestor's Heritage The Secretary for the Reich Organization [Der Reichsgeschaeftsfuehrer] Berlin-Dahlem, 30 Oct 42 Diary # G/h/7 Wo/Bg To Dozent Dr. Franz Hancar! Wien III/40, Hiessgasse 4 Subject: Commitment in Russia [Russland-Einsatz] Dear Dr Hancar!

In order to secure the possessions of important museums and discoveries in the combat zone in the East, the Reichsfuehrer SS has ordered the creation of a special unit under Captain of the SS, Professor Dr. Herbert Jankuhn which has been operating together with an SS division very successfully for quite some time.

In the course of the execution of the order, the collections from Maikop, Pjatigorsk and Woroschilowsk have already been secured, besides other important scientific collections from the four important museums in Northern Caucasia. Work may already be done in these museums, and Professor Dr. Jankuhn proposes to set up a complete registration, by way of drawings and photography, of all prehistoric findings.

I am following a suggestion of Professor Dr. Herbert Jankuhn in asking you whether you would be willing to take over this job, mainly regarding Eastern European prehistoric problems, which ought to be of particular interest to you. In case you would accept, I would like you to let me know when you could start working, and what should have to be done in order to secure your leave.

SS-Captain Professor Dr. Herbert Jankuhn shall return to Germany by the beginning of December. Therefore it will be possible without difficulties to discuss then all pertinent questions during a personal meeting.

Heil Hitler! signed: Sievers Lt Col of the SS

Leader of the Staff Entered Jan. 20, 1944/185 Berlin, Jan. 14, 1944 H.A. II-Dr. Z/Do. File note for the Leader of the Staff.

Subject: Reply with regard to the letters of the captain in the SS Jankuhn to the Personal Staff of the Reich Fuehrer of SS Office for the Ancestral Heritage, dates August 12, 13, and 22, 1943, respecting the evacuation and destruction of the Charkow Museum.

The criticism, which the captain in the SS delivers against the Special Purpose Staff for very evident reasons, can readily be answered, because he states things without any closer investigation, that should disparage the work of the Special Purpose Staff and the Office devoted to pre- and early historic research, because this latter work is apparently inconvenient to him.

In his letter of 13 August 1943, J. had forgotten to mention that the captain who had rebuilt the museum for prehistoric art was in fact a deputy of the Special Purpose Staff, namely, First Lieutenant Mueller, who by means of truly untiring and objective work during his free time had set up the museum to such an extent that it could again be opened to the public. The museum was visited by numerous officers and men, also by units of the Armed SS and the police. A thorough inventory had been taken, also many photographic copies were on hand. Thus First Lieutenant Mueller had performed a gratifying task in time of war which was generally recognized by the leaders of the units stationed in Charkow. The report of Jankuhn does not make any reference at all to this work of the Special Purpose Staff.

On 6 February 1943, the command was given for the first evacuation of the city. The Special Purpose Staff had then through untiring effort brought out the most valuable prizes of the museum; on 9 February it was necessary for the last members of the office to leave the city, which already had been almost abandoned by German troops. It was impossible at that time to bring out all the material, because the transportation situation did not permit this. It was not really necessary for SS leader Jahnkuhn to point out that these objects were important and worthy of being brought to safety. On the other hand, however, one must also consider the transportation problems that arise at the time of the evacuation of a city. It is evident that at such a time military transports receive unqualified priority, that even the most valuable possessions of culture cannot take precedence over them. Yet the Special Purpose Staff was able to salvage the most important articles of the museum. The remainder was entrusted to the care of the former curator of the museum, Professor Rudenski. Of this balance, again the most valuable was walled up within the enclosures of a bomb-proof cellar. For several days Professor Rudenski succeeded in saving the building from being blown up as intended. Finally, however, on the evening of February 14, 1943, as related by Professor Rudenski, by an oversight of a command of the Waffen SS, a fire broke out in the building and it burned down to the ground. Yet, later on, a large portion of the valuables from the cellar was salvaged again. However, a Gothic sword was missing. Now, as alleged by Jankuhn, it turns out that this sword was preserved by a unit of the Waffen SS.

Captain of the SS J. could have easily learned of these facts, if he had taken the trouble to contact the competent labor group Ukraine of the Special Purpose Staff and not Prof. Hornung, who had been installed in an entirely different district and who knew nothing about the developments in Charkow. At least he would not have exposed himself to the charge that he frivolously and without closer examination of the circumstances had claimed "that the Special Purpose Staff had not done the least for the preservation of the things that were found." The contrary is true.

After the recapture of the city, the valuables were reclaimed from the wreckage and the museum was opened again to the public on July 19, 1943. Thus it was proved anew that the Special Purpose Staff had done everything in the way of securing possessions of great cultural value and preserving them in the interests of the German administration.

Unfortunately, the second loss of Charkow in August 1943 rendered the work of restoration null and void. On August 6 the working staff received an evacuation summons with the order to leave Charkow immediately and without delay. Conditions affecting transportation were the same as in spring. If, indeed, valuable military installations had to remain behind, it is clear that, above all, objects from a museum had to remain behind. If the SS command had trucks at its disposal and could use the transportation facilities without consideration of military needs for the objects of the museum, then this is certainly a matter of very great appreciation. On the other hand, however, it cannot be charged to the Special Purpose Staff that it did not possess adequate transportation facilities. Nevertheless, the co-workers of the working staff have done what they could in order to preserve the most important part of the picture collection. In two days, already under hostile action, a large portion of museum collections was examined for the purpose of qualifying for transportation and then the selected assortment of 300 pictures of Western-European masters and Ukrainian painters and twenty-five costly Ukrainian carpets was packed and shipped. As already at an earlier date the most important collections of the museum, dealing with prehistoric art, had been carried off, the special command Jankuhn could only preserve third and fourth grade pieces of which several could be found in Kiev and other places.

The Special Purpose Staff under these circumstances sees no occasion for making any reproaches against the Special Command Jankuhn. If one was able to have at one's disposal transportation facilities and manpower in a more liberal manner, then it was easy to carry off larger collections. That the Special Command J. had done this is gratefully acknowledged by the Special Purpose Command; since it is being taken for granted that the collection was saved for the owner, namely, the Reichminister of the occupied Eastern districts and that correspondingly it is handed over to the Special Purpose Staff as the deputy of civil affairs. The Special Purpose Staff asks for the necessary action.

The staff command cannot rid itself of the impression that the Captain in the SS Jankuhn submitted his report frivolously on the basis of one-sided information. If he had made inquiries at the proper places without doubt he would have arrived at a different conclusion. At this juncture it is necessary to take a firm stand for the protection of the co-workers of the Special Purpose Staff and to ward off strongly every attack of a bureau that does not clearly understand the conditions.

Moreover, it could have been expected that Captain in the SS J. would have used the opportunity to get acquainted with the bureaus of the Special Purpose Staff and effected some cooperation. With the cooperation of both certainly more material could have been salvaged than had been done regardless (of the handicaps).

signed: Utikal

SS "Ancestral Heritage" Research Organization Waischenfeld/Oberfranken, October 6, 1943 To the Chief of the SS Central Bureau SS Leader Berger, Berlin Dear SS Leader!

Already on July * * * of this year the need arose to inform you about frictions that developed between co-workers of the SS "Ancestral Heritage" Research Organization and the Special Purpose Staff R.R. in Dnjepropetrowsk. In this connection I did not neglect to mention that Reichminister Rosenberg complained that we had removed prehistoric discoveries from the Caukasus.

In order to complete the picture, I am turning over to you as supplement two reports from Captain in the SS (F) Jankuhn. They refer to the Museum in Charkow and they reveal with full clarity that the men of the Special Purpose Staff R.R.—insofar as we have met them heretofore—lack the simple prerequisites for the work in the East, namely, an unobjectionable, manly behavior.

I am summarizing the two reports and, briefly, I am able to conclude: 1. When the evacuation of Charkow became necessary in the winter of 1942, the Special Purpose Staff R.R. left the city without having done anything for the salvage of the museum.

2. On August 8, 1943 it became known that the possibility of a surrender of Charkow existed. On August 11 at nine in the morning the last man of the Special Purpose Staff R.R. left Charkow. Before August 15 no one considered any evacuation possible. In reality, Charkow was not evacuated until August 24. Not the least had been done for the salvaging of the collections of the museum, even though the care for the museum is in the hands of the Special Purpose Staff R.R. There were even documents on the desks, which leads one to believe that the men concerned abandoned their work as quickly as possible. Captain in the SS Jankuhn thereupon packed up the treasures and ordered them to be shipped.

This behavior of the men of the Special Service Staff R.R. could obviously be described by the most appropriate terms, and we are not at all surprised, if just these people "take a shot at" the men of the SS Reichsfuehrer, who really do nothing but fulfill the duties neglected by the former.

Heil Hitler! SS Leader

Copy

To the personal staff of the Reich Fuehrer of SS

Office of the SS "Ancestral Heritage" Research Organization, Berlin

Command Post Division Std., September 25, 1943 Concerning the evacuation of the museum of Poltawa

When it became known that the evacuation of the city of Poltawa by September 21, 1943, was anticipated, I intended to examine personally the condition of the museum there and to order the necessary measures for preserving them, should the need arise.

Since the 03 of the division, SS Leader Daltweiler, had learned during a stay in P. that the salvaging of the museum through a specialist officer of the armed forces on the basis of a command from the O.B., already had begun, a trip to Poltawa was abandoned.

Heil Hitler! Signed: H. Jankuhn Captain in the SS (F) For the correctness of this copy: SS Leader

Copy III Special Command, Fp. 16284 Command Post Division, Std., August 22, 1943 To the personal Staff of the Reich Fuehrer of SS

Office of the SS "Ancestral Heritage" Research Organization, Berlin

Regarding the destruction of the museum in Charkow.

On August 21, upon my suggestion, Sergeant in the SS, Dr. Zarp, from KB unit 5, visited the museum in Charkow. He found that the museum building had been burned down completely.

Since the more valuable pieces had been salvaged—as was pointed out in the report of December 8, 1943—no loss of more important objects of culture was sustained through the destruction of the museum.

Signed: H. Jankuhn Captain in the SS For the correctness of this copy SS Leader

Copy I Special Command Jankuhn, 16284 Command Post Division, Std., August 13, 1943 To the personal Staff of the Reich Fuehrer of SS

Office of the SS "Ancestral Heritage" Research Organization, Berlin

Regarding the destruction of the museum in Charkow in the spring of 1943.

Through the interrogation of Prof. Hornung, the curator of the museum in Dnjipropetrowsk, chosen by the Special Purpose Staff and on the basis of information that was supplied by the commander of the F.K.V. of the secret police and of the security service, the following could be brought to light concerning the fate of the museum of prehistoric art in Charkow in the spring of 1943.

In 1941/42 the museum of prehistoric art in Charkow was re-established anew in the main street of the city, the Sumskaja, by a captain, who for this purpose had been given a furlough. The exhibition is said to have been good and well arranged. Besides collections of prehistoric character there were to be found in the museum articles referring to folklore. When, during the winter campaigns of the months of February and March, the Special Service Staff R.R. left the city without having done the least for the saving of the collections. Merely a Gothic sword and a gold-plated handle are said to have been taken along by one SS unit. Since the salvaging of the piece was not effected through the Security Service Command in Charkow, it must be assumed that a unit of the II SS armored corps took this gorgeous weapon along.

After the retreat of the German troops, the museum was destroyed, apparently by explosion of fire. The Ukrainian collections stored there were destroyed almost completely.

Recent excavations undertaken in the ruins of the building have yielded only insignificant pieces of the material formerly stored there.

Thus one of the most important museums of Russia with collections of great cultural value was given over to destruction through the agencies of the German civil administration.

Signed: Jankuhn Captain in the SS For the correctness of this copy SS Leader

IIa Exhibit i To the report of 12 August 1943

This Institute of Culture is confiscated by the Charkow garrison!

It is secured for the Special Command R.R. and is placed under its professional supervision.

Outside of the rules for visit and use, it is forbidden to enter the institute, the taking of material is considered looting and will be punished as such.

Special permits through the Special Command R.R. Charkow, Sumskaja 48.

In the field, June 20, 1943 For the Commander of the garrison O.K.V.Rat [Handwritten draft] Copy 5 times Special Command Jankuhn 16284 II Command Post Division, August 12, 1943

SS "Ancestral Heritage" Research Organization, Berlin 034482 x-Oct. 9, 1943, Copy Z B/4r/r22 To the personal Staff of the Reich Fuehrer of SS

Office of the SS "Ancestral Heritage" Research Organization, Berlin

Subject: Evacuation of the museum in Charkow.

On August 8, '43 in the evening it became known that the possibility of an evacuation of Charkow until August 14 existed. On August 10, 1943, I went in the company of an interpreter, SS Sergeant Jacobsen to Charkow. In the afternoon I reported to the commander of the D.K.V. of the SIPO and the SD, Major Krauebitter, and informed him that I was entrusted by the Reichfuehrer SS with the salvage of the museum in the field of operations of the Waffen SS on the Southern front. In this connection I learned of the fate of the museum in Charkow during the evacuation of Charkow in the beginning of 1943; a separate report on that subject is being prepared. At the same time Major Krauebitter informed me that the KVR with the garrison of Charkow, who was responsible for the museums had already left the city days ago. A further inquiry in the buildings of the bureau of the Special Purpose Staff R.R. revealed that this bureau already had left Charkow on the morning of August 10. A survey of the museum in the company of Major Krauebitter revealed the following picture:

The Museum contains a small prehistoric department after the really prehistoric museum had been destroyed in the winter after failure of evacuation. Moreover, it contained a good collection of Ukrainian art of folklore character, small objects of ecclesiastical art, particularly, however, mostly paintings of Ukrainian painters, as the pictures of central- and west-European masters had been transported to Germany by the SD in 1942. The storehouse of the museum contains still numerous pictures. The key to the museum was given to the Ukrainian lady superintendent by the Special Purpose Staff R.R., who also related that at eight o'clock in the morning on October 8 a gentleman of the Special Purpose Staff R.R. had been in the museum and with several pictures had quickly departed at 8:30 o'clock. As a matter of fact, some pictures of the collection were missing, approximately 1%.

After no one had taken steps toward any real preservation of the museum, neither among the garrison nor among the Special Purpose Staff R.R., which according to the poster, referred to as Exhibit I, was responsible for the care of the collection, the packing was begun.

The prehistoric findings—almost exclusively ceramics of the bronze age—were packed in two wooden boxes and shipped by a truck of the EKV; they were to be sent from Kiev to Berlin.

The exhibit of Ukrainian popular art contained textiles, ceramics, glass, costumes, and objects of wood. The greater part is packed in two large wooden boxes and was shipped with the evacuation material of the EKV by rail to Dnjepropetrowsk. Among it was a large tapestry, which on account of its size could not be packed.

From the collection of paintings the most valuable pictures were selected and shipped by rail in the direction of Dnjepropetrowsk.

The documents that remained lying on the desk of the Special Purpose Staff R.R.—a work plan of the Special Purpose Staff R.R. signed by a section chief Schmidt and a report on Ukrainian art—were saved and turned over to the EKV of the SIPO and the SD.

Signed: Jankuhn Captain in the SS For the correctness of this copy SS Leader

TRANSLATION OF DOCUMENT 710-PS

The Reich Marshal of the Greater German Reich Commissioner for the Four Year Plan Chairman of the Ministerial Council for National Defense Berlin, 31 July 1941

To: The Chief of the Security Police and the Security Service; SS-Gruppenfuehrer Heydrich

Complementing the task that was assigned to you on 24 January 1939, which dealt with the carrying out of emigration and evacuation, a solution of the Jewish problem, as advantageous as possible, I hereby charge you with making all necessary preparations in regard to organizational and financial matters for bringing about a complete solution of the Jewish question in the German sphere of influence in Europe.

Wherever other governmental agencies are involved, these are to cooperate with you.

I charge you furthermore to send me, before long, an overall plan concerning the organizational, factual and material measures necessary for the accomplishment of the desired solution of the Jewish question.

signed: GOERING

TRANSLATION OF DOCUMENT 728-PS

Copy SECRET DRAFT Ambassador RITTER No. 444, SALZBURG, 20 June 1944

1. To Chief of the Supreme Command of the Armed Forces With reference to your correspondence of 15 June 1944, Nr.

WFSt/Qu. (Verw.) Nr. 771793/44 gKChefs. II. Ang., concerning the treatment of enemy terror-aviators.

In spite of the obvious objections, founded on international law and foreign politics, the Foreign Office is basically in agreement with the proposed measures.

In the examination of the individual cases a distinction must be made between the cases of lynching and the cases of special treatment by the S.D. [Security Service].

I. In the cases of lynching, the precise establishment of the circumstances deserving punishment, according to points 1-4 of the communication of 15 June, is not very essential. First, the German authorities are not directly responsible, since death had occurred, before a German official became concerned with the case. Furthermore, the accompanying circumstances will be such, that it will not be difficult to depict the case in an appropriate manner upon publication. Hence, in cases of lynching, it will be of primary importance correctly to handle the individual case upon publication.

II. The suggested procedure for special treatment by the S.D. including subsequent publication, would be tenable, only if Germany, on this occasion simultaneously would openly repudiate the commitment of International Law, presently in force and still recognized by Germany. When an enemy aviator is seized by the Army or by the Police, and is delivered to the Air Forces (P.W.) Reception Camp Oberursel, he has received, by this very fact, the legal status of a prisoner of war. The Prisoner of War Treaty of 27 July 1929 establishes definite rules on the prosecution and sentencing of the Prisoner of War, and the execution of the death penalty, as for example in Article 66: Death sentences may be carried out only three months after the protective power has been notified of the sentence; in Article 63: a prisoner of war will be tried only by the same courts and under the same procedure as members of the German Armed Forces. These rules are so specific, that it would be futile to try to cover up any violation of them by clever wording of the publication of an individual incident. On the other hand, the Foreign Office cannot recommend on this occasion a formal repudiation of the Prisoner of War Treaty.

An emergency solution would be to prevent suspected fliers from ever attaining a legal Prisoner of War status, that is, that immediately upon seizure they be told that they are not considered Prisoners of War but criminals, that they would not be turned over to the agencies having jurisdiction over Prisoners of War; hence not to go to a Prisoner of War Camp; but that they would be delivered to the authorities in charge of the prosecution of criminal acts and that they would be tried in a summary proceeding. If the evidence at the trial should reveal that the special procedure is not applicable to a particular case, the fliers concerned may subsequently be given the status of Prisoner of War by transfer to the Air Forces (P.W.) Reception Camp Oberursel. Naturally, not even this expedient will prevent the possibility that Germany will be accused of the violation of existing treaties and maybe not even the adoption of reprisals upon German prisoners of war. At any rate this solution would enable us clearly to define our attitude, thus relieving us of the necessity of openly having to renounce the present agreements or of the need of having to use excuses, which no one would believe, upon the publication of each individual case.

Of the acts deemed crimes listed under 1-4 by the letter of 15 June, we note that those listed under 1 and 4 are legally unobjectionable. Those under 2 and 3 are not. The Foreign Office, however, would be willing to disregard this. Perhaps it would be preferable to combine Nos. 1, 3, and 4 to the effect that all strafing attacks on the civilian population by an aviator will be dealt with as crimes. The various facts under 1, 3 and 4 would then be significant only as especially outstanding examples. The Foreign Office sees no reason why such attacks should not be expiated, when they are directed against the civilian population in ordinary dwelling houses, in automobiles, on riverboats, etc.

The Foreign Office bases its opinion on the fact that it is altogether forbidden to German fliers to strafe the civilian population during their attacks in England. According to information received by the Foreign Office, such an order was issued some time ago by the Supreme Commander of the Air Forces. In case of general publication, the existence of such an order could be pointed out.

III. It follows from the above, that the main weight of the action will have to be placed on lynchings. Should the campaign be carried out to such an extent that the purpose, to wit: "the deterrence of enemy aviators" is actually achieved, which goal is favored by the Foreign Office, then the strafing attacks by enemy fliers upon the civilian populations must be stressed in a completely different propagandist manner than heretofore; if not in the publicity for home consumption, then certainly in the propaganda directed to foreign countries. The pertinent German local departments, most likely the police, would have to be informed immediately to submit a short, truthful report to a central depository in Berlin giving particulars as to place, time, number of dead and wounded.

This central depository would at once forward these reports to the Foreign Office for exploitation. Since similar strafing attacks upon civilian populations have occurred in other countries, for example, in France, Belgium, Croatia and Rumania, the pertinent German departments or the governments in these countries are to be directed to collect the instances of such strafing attacks against the civilian population in the same manner and to exploit them propagandistically in foreign countries, in collaboration with German offices.

IV. In the letter of 15 June the intention was communicated that until further notice, an understanding with the Foreign Office would have to be reached prior to any publication. The Foreign Office attaches particular value to this point and also to the fact that this understanding be reached, not only until further notice, but for the entire duration of the campaign.

By order

(signed) RITTER [crossed out]

TRANSLATION OF DOCUMENT 729-PS

[Handwritten note:] 20 June Chief of Supreme Command of Armed Forces (Chef/OKW) K [Keitel] Supreme Command of the Armed Forces Nr.771793/44 gKChefs.II.Ang., WFSt/Qu. (Verw.1) Fuehrer's Headquarters, 14 June 1944 Secret 2 Copies, Copy No. 2 Top Secret By Officer Courier only

Subject: Treatment of enemy terror aviators [hand written note: mailed 17 June]

To the Supreme Commander of the Air Force, Attention: Col. of the General Staff von Brauchitsch

1. On the basis of preliminary discussions and after consultation with the Foreign Minister and with the Chief of the Security Police and of the Security Service, the following activities are to be considered the acts of terror, which are to be taken into consideration upon the publication of an instance of lynching and which will justify the transfer of enemy aviators from the Air Forces (P.W.) Reception Camp Oberursel to the S.D. [Security Service] for special treatment:

1. Low-level aerial attacks upon the civilian population—upon individuals as well as upon groups.

2. The shooting of our own downed (German) air crews, while parachuting to earth.

3. Low-level aerial attacks upon passenger trains engaged in public (civilian) transportation.

4. Low-level aerial attacks upon Army and Civilian Hospitals and upon hospital trains, which are clearly marked with the Red Cross:

It is requested to secure the approval of the Reichsmarshall for this draft of prohibited acts, and if he does approve, orally to instruct the commandant of the Air Force (P.W.) Reception Camp Oberursel to proceed accordingly.

It is further requested that the approval of the Reichsmarshall be obtained, for the method intended to be used in the procedure of publication as expressed in the enclosed communication to the Foreign Secretary.

A written confirmation is requested, if feasible, by the 18th of this month.

Chief of the Supreme Command of the Armed Forces [initialed] K [Keitel] 16 June 1 Enclosure

TRANSLATION OF DOCUMENT 730-PS

MOST SECRET Draft The Chief of the Supreme Command of the Armed Forces Fuehrer Hq, 15/6/1944 WFSt/Qu. (Verw.1) No. 77193/44 Most Secret S.O. only II.Ang. 3 Copies, 2nd Copy Subject: Treatment of enemy terror aviators S.O. only access only through officer Pencil note: dispatched 17/6 =1030.

To Foreign Office, for the attention of Ambassador Ritter, Salzburg.

For the announcement of such cases as have led to lynch justice being taken by the population or—in the case of capture by the armed forces or the police—to special treatment by the SD, it is necessary to determine clearly what facts should be regarded as evidence of a criminal action in this sense.

In agreement with the Commander in Chief of the air force, I intend to establish the following formula. It may also serve as instruction to the commandants of the reception Camp for Aviators at Oberursel in these cases, where investigation in that camp shows that it would be appropriate to segregate the offender owing to confirmation of the suspicion or to hand turnover to the SD.

1. Attacks with aircraft armament on the civilian population, whether on individuals or crowds;

2. Firing on our own (German) air crews while suspended by parachute after having been shot down;

3. Attacks with aircraft armament on passenger trains, if the public service.

4. Attacks with aircraft armament on military hospitals, hospitals and hospital trains which are clearly marked with the Red Cross.

Prior to any announcement of a case in the press, over the wireless, etc., it must be assured that name, unit, place of occurrence and other relevant particulars form a convincing picture, by whose publication the intended deterrent effect to further acts of murder could be achieved. In drafting the publications, it will have to be borne in mind that protests on the part of the enemy are to be expected from all quarters. It is therefore intended, in agreement with the Chief of the Security Police and the SD, and with the Commander in Chief of the Air Force, that, prior to each publication, until further notice, agreement should be reached between the Supreme Command of the air force, the armed forces Ops Staff, the Foreign Office and the SD., to determine the facts, time and form of the announcement.

I would ask you to confirm, if possible by the 18th of this month, that you are in agreement with the above formula and with the intended procedure for the announcements.

3/96 K [initialled by Keitel] 16/6

TRANSLATION OF DOCUMENT 731-PS

Chief of the Command Staff of the Armed Forces Chef WFSt Please direct drafting of order W [Warlimont-?] K [Keitel] 21 May Deputy Chief of Command Staff of the Armed Forces. [note apparently written by Keitel] Must * * * go to the Reichsfuehrer SS

After a report of the Reichsmarshall [Goering] General Korten makes the following statement:

[Note: All the above remarks are handwritten.]

Memorandum

The Fuehrer has rendered the following decision in regard to measures to be taken against Anglo-American air crews, in special instances; downed enemy airmen are to be shot without court martial proceedings in the following instances:

1. In the event of the shooting of our own (German) downed air crews while they are parachuting to earth;

2. In the event of aerial attacks upon German planes, which have made emergency landings, and whose crews are in the immediate vicinity;

3. In the event of attacks upon railway trains engaged in public (civilian) transportation;

4. In the event of low-level aerial attacks upon individual civilians (farmers, workers, single vehicles, etc.). [Note—this paragraph was amended to read: In the event of low-level aerial attacks upon civilian population, single civilian vehicles, etc. The words "civilian population" are in Jodl's handwriting.]

[Note on bottom of page referring to item 2: "I consider this point dangerous. For, to attack an airplane which has made an emergency landing, can not be classified as Gangster Method but is in complete agreement with the strictest standards of civilized warfare."]

J. [Jodl]

[Note on left margin: The order should be preceded by a preamble in which the disregard of the most primitive laws—civilization—(balance unintelligible).]

J. [Jodl] 22 May

TRANSLATION OF DOCUMENT 732-PS

The Reichsmarshall of Germany Adjutant's Office Berlin W8 the Leipziger Str. 3 Teleph 120044 Headquarters June 19, 1944 Adj. Nr. 1605/44 secret Concerns: Treatment of the Enemy Terror Aviators.

Reference: Letter Nr. 771793/44 top secret II Ang. WFST/Qu. Command Staff of the Armed Forces/Supply. (Verw. 1) June 15, 1944.

2 copies, Copy No. 1

To The Chief of the Supreme Command of the Armed Forces, Generalfieldmarshall Keitel.

Mr. Reichsmarshall remarked to the above letter: "We cannot control the reaction of the population any way. Adequate precaution has to be taken that the populace does not react in the same manner against other enemy aviators not belonging to the category mentioned above. In my opinion facts of the above cases can be handled any time by a court, the acts being murder, forbidden by the enemy to its aviators."

Feske Lieutenant Colonel in the General Staff 3/91

TRANSLATION OF DOCUMENT 733-PS

WFSt/Qu. (Verw. 1) Supreme Command Staff of the Armed Forces; Supply Section 26 June 1944 Subject: Treatment of Terror-aviators Telephone Memorandum

Telephone call by Captain Breuer from the Adjutant's Office of the Reichsmarshall:

The Reichsmarshall agrees with the communicated wording of the definition of terror-aviators and with the proposed procedure. He asks that he be instructed today about the measures taken.

[signature illegible]

TRANSLATION OF DOCUMENT 735-PS

TOP SECRET Access only through officer Fuehrer Headquarters 6.6.1944 Deputy Chief of the Armed Forces Ops Staff No. 771793/44 Top Secret, S.O. only Subject: Treatment of enemy terror aviators Minutes of a meeting

1. Obergruppenfuehrer Kaltenbrunner informed the deputy Chief of WFSt in Klessheim on the afternoon of 6.6, that a conference on this question had been held shortly before between the Reich Marshall, the Reich Foreign Minister and the Reichsfuehrer SS. Contrary to the original suggestion made by the Reich Foreign Minister who wished to include every type of terror attack on the German civilian population, that is, also bombing attacks on cities, it was agreed in the above conference that merely those attacks carried out with A/C armament, aimed directly at the civilian population and their property, should be taken as the standard for the evidence of a criminal action in this sense. Lynch law would have to be the rule. On the contrary, there has been no question of court martial sentence or handing over to the police.

2. Deputy Chief of WFSt stated the following:

a. First and foremost, following the lines of the generally distributed declaration made by Reich Minister Dr. Goebbels and numerous press notices written in the same vein, it is essential to announce any definitely established incident of this kind giving the names and units of the aviators, the place the incident occurred and any other relevant facts. The purpose of this would be to make clear the serious intentions of the Germans in the face of disbelieving enemy propaganda and especially to discourage effectively any further murderous action against our civilian population. Therefore the question is whether the SD knows of such a case or whether the necessary proof is available from which to construct a case like this with the required statements. Obergruppenfuehrer Kaltenbrunner replied to both in the negative.

b. Deputy Chief of the WFSt mentioned that, apart from Lynch law, a procedure must be worked out for segregating those enemy aviators, who are suspected of criminal action of this kind, until they are received into the Reception Camp for aviators at Oberursel; if the suspicion was confirmed, they would be handed over to the SD for special treatment.

For this purpose the WFSt would cooperate with the Supreme Command of the Air Force to set out the necessary regulations for the use of the head of the camp at Oberursel.

Obergruppenfuehrer Kaltenbrunner expressed his complete agreement with this view and that the SD take charge of those aviators segregated.

c. On the question of making announcements, it is settled that, for the present, agreement should be reached in every case between OKW/WFSt, OKL, and the Reichsfuehrer SS to decide the form that the announcement should take.

The participation of the Foreign office is to be assured by the WFSt.

3. At a conference with Colonel von Brauchitsch (C-in-C Air Force) on 6.6, it was settled that the following actions were to be regarded as terror-action, justifying Lynch law.

a. Low level attacks with aircraft armament on the civilian population, single persons as well as crowds.

b. Shooting on our own (German) air crews in the air who have bailed out.

c. Attacks with aircraft armament on passenger trains in the public service.

d. Attacks with aircraft armament on military hospitals, hospitals and hospital-trains which are clearly marked with the Red Cross.

The head of the Reception camp for aviators at Oberursel will be informed of these facts given in Section 3 above. If the facts of any case of this kind are established on examination, the prisoners are to be handed over to the SD. Colonel von Brauchitsch declared, at the end, that another report to the Reich Marshall on this subject would be superfluous.

sgd. Warlimont Distribution: Chief OKW via Chief WFSt—1st copy Deputy Chief WFSt/Ktb.—2nd copy Qu (rough copy)—3rd copy

Remarks by the Chief of OKW on the agenda dated 6.6.44 No. 771793/44

Top Secret S.O. only.

If one allows the people to carry out Lynch law, it is difficult to enforce rules!

K

Min. Dir. Berndt got out and then shot the enemy aviators on the road.

I am against legal procedure! It doesn't work out!

[sgd.] K. [Keitel]

Remarks by Chief of WFSt:

To 3. This conference is insufficient. The following points must be decided quite definitely in conjunction with the Foreign Office:

1. What do we consider as murder?

Is RR in agreement with point 3b?

2. How should the procedure be carried out?

a. by the people?

b. by the authorities?

3. How can we guarantee that the procedure be not also carried out against other enemy aviators?

4. Should some legal procedure be arranged or not?

[sgd.] J. [Jodl]

TRANSLATION OF DOCUMENT 737-PS

WFst/ Qu. (Verw. 1) No. 771761/44 Top Secret [initial] W. [Warlimont] 4 June 4 June 1944 Top Secret 2 Copies, Copy No. 1 Top Secret Only by Officer Subject: Treatment of the enemy terror aviators Conference Notes

I. Pursuant to the order of the Chief of the Staff of the Armed Forces and Deputy Chief of the Command Staff of the Armed Forces the following is decreed:

1. It is to be ascertained from the Reichfuehrer SS through SS Major Grothmann whether and in what form the information given by the Fuehrer to the Reichfuehrer SS, that in one or more instances fliers, who had been shot down during strafing attacks on the population, had been lynched by the latter, has meanwhile gone out. If the answer should be "no", in what manner does the Reichfuehrer intend to proceed in the near future.

2. From the Commander in Chief of the Air Forces (Colonel von Brauchitsch) it is to be ascertained what specific acts of enemy fliers are to be considered and handled as deserving death according to the opinion of the Reichsmarshall. Reference to this: The 4 points of the memorandum [731-PS] by the Chief of the Command Staff of the Armed Forces (Chef, WFst.) of 20-22 May based on the information of General Korten after report of the Reichsmarshall. [L-166, par. 20] * * *

3. After the clarification of point 2, the preparation of a directive to the Commandant of the camp at Oberursel stating in what cases the prisoners are to be turned over to the SD, specifying in a more detailed manner the cases which are to be treated as deserving of death, and the points of view which are to be followed in the subsequent procedure. Reference relative to this: Statement of Colonel von Brauchitsch according to the notes of 26 May.

This directive is to be prepared only in two copies and, after consultation with Colonel von Brauchitsch, it is to be forwarded to the Commander in Chief of the Air Forces with the instructions to communicate it to the commandant of the camp at Oberursel orally only.

4. It is to be ascertained from the Chief of the Armed Forces Propaganda whether he has any information concerning any new steps taken in this matter by the Reichfuehrer SS.

5. In accordance with the instructions issued in the evening of 3 June, by the Chief of the Command Staff of the Armed Forces, the Foreign Office is to be informed of the situation in the evening with the following purposes in view:

a. That the formulation of the notices of the Reich Fuehrer SS and the other measures should be undertaken in an appropriate manner and in accord with the Foreign Office; and

b. To be prepared in advance against protests by the enemy powers, so as to be in a position to answer them immediately, and thus to prevent occurrences such as those which took place in connection with the escape of the Anglo-American aviators from camp Sagan.

Ambassador Ritter has been already notified accordingly by the Chief of the Command Staff of the Armed Forces.

II. It was impossible to clarify points 1 and 2 (in this connection point 3 as well) until 23 hours since neither Colonel von Brauchitsch nor an SS officer on the Command Staff Bergwald could be contacted. A telephone conference with Major Grothmann has been agreed upon for 4 June at 10:00 o'clock.

Distribution: Deputy Chief of the Command Staff of the Armed Forces Copy No. 1 [pencilled notation] Qu. (Draft) Copy No. 2 destroyed according to— [initials] 18 August [illegible]

TRANSLATION OF DOCUMENT 740-PS

Ops. Staff of the Armed Forces (Verw.1) No. 006988/44 Secret 30 June 1944 Secret 3 Copies, Copy No. 1 Subject: Treatment of enemy terror-aviators

[Marginal note: "We must really do something about this now. What is still necessary?"]

[initialed] W. [Warlimont] [Initialed] K [Keitel] 30/6 Agenda

I. Enclosed I submit the draft of a reply of the Minister for Foreign Affairs to the Chief of the Supreme Command of the Armed Forces, which has been passed to the Armed Forces Ops Staff (WFSt) through Ambassador Ritter.

Ambassador Ritter has advised us by telephone on 29 June that the Minister for Foreign Affairs has approved this draft, but that he has ordered Envoy Sonnleitner to present the attitude of the Foreign Office to the Fuehrer, before the letter is sent to the Chief of the Supreme Command of the Armed Forces. The letter is to be forwarded to the Chief of the Supreme Command of the Armed Forces only after the approval by the Fuehrer of the principles established by the Foreign Office.

II. The Reichsmarshall agrees with the precise wording of the definition of the term "terror-aviators" as given by the Supreme Command of the Armed Forces and with the proposed procedure.

/s/ WARLIMONT Distribution: Chief of Supreme Command of Armed Forces via Deputy Chief of the Armed Forces Ops. Staff Copy #1 KTB (War Diary) Copy #2 Qu (Verw.1) Copy #3 [pencil note illegible]

TRANSLATION OF DOCUMENT 741-PS

Supreme Command Staff of the Armed Forces/G-4 5 July 1944 SECRET Memorandum with reference to Terror-Aviators

In his midday report of 4 July the Fuehrer has issued the following directive:

According to press reports the Anglo-Americans intend to subject to air attack small localities without any war-economic or military value, as a reprisal against V-1. In the event this report proves true, the Fuehrer orders that notice be served via radio and the press that every enemy aviator who is shot down while participating in such an attack is not entitled to treatment as a prisoner of war but that he will be treated as a murderer as soon as he falls into German hands. This rule shall apply to all attacks on small localities which constitute neither military targets, nor communication targets nor armament targets, etc., and are therefore of no military significance.

Nothing is to be done at the moment; on the contrary, measures of this sort are only to be discussed with the Armed Forces Legal Section (WR) and with the Foreign Office.

TRANSLATION OF DOCUMENT 743-PS

WFSt/Qu. 2 (Ost) SSD [stamped] SSD—teletype [illegible pencil marks] September 8th, 1944. [illegible pencil marks] Secret [stamped] To 1. Gen. St.d.H./Gen.Qu./Chefgr. (Anna) 2. Gen. St.d.H./Gen.Qu./K.Verw. (Anna-Bu) 3. Ob. Heeresgruppe Nord HM1X [in pencil] 4. Ob. Heeresgruppe Mitte 5. Wi Stab Ost 6. Wehrkreiskommando I. With addresses

Subject: Utilization of the soil in parts of the Reichskommissariat Ostland.

1. The Fuehrer has ordered the district leader (Gauleiter) Koch to carry out the utilization of the soil in the parts of the Reichskommissariat Ostland which are occupied by the Army Group Middle. Further, the Fuehrer has ordered that all German and local administrative authorities are bound by the directives of Gauleiter Koch. Concerning the exploitation of natural resources and other products, Gauleiter Koch has to keep in touch with the competent supreme authorities of the Reich.

2. All quarters of the Armed Forces are to give Gauleiter Koch their utmost support in the execution of this order.

3. The order of September 5th, 1944, concerning the full powers given by the Fuehrer to Gauleiter Koch is hereby cancelled.

[illegible pencil remark] (signed) Keitel. OKW/WFSt/Qu.2 (East) number 0 6891/44 secret [in pencil] 5031 [in pencil] [illegible pencil remarks] BOC—OKW—1620 [in pencil] Further Distribution: Head of the Party Chancellery Minister of the Reich and Head of the Reich Chancellery Gauleiter Koch, Koenigsberg General Staff of the Army Gen.St.d.H./Gen.Qu./K. Verw. (Anna) [pencil note on the right side]; ab 9/9.44 [initials] (2 stamps)

SECRET [stamped] Teletype SSD [in red pencil] Fuehrer Headquarters, 5.9.44. Secret [in red pencil] 12F [in pencil] To: 1. Gen. St. d. H./Gen. Qu. 2. Ob. Heeresgruppe Nord 3. O.B. Heeresgruppe Mitte [in pencil] 4. Wi Stab Ost 5. Wehrkreiskommando I.

The Fuehrer will intrust Gauleiter Koch, East Russia, with the economic evacuation of the Ostland occupied by us and will give him all full powers necessary for that purpose. Apart from bringing food-stuffs back we mean to seize useful products, machines etc.

All quarters of the armed forces have to support Gauleiter Koch as far as possible.

The Chef OKW Certified copy [signed] Keitel [in pencil] Schlossmann Army Major. [stamped] SSD FS WNOF Number 4563 arrived September 5th, 1944 2240 o'clock forwarded on......o'clock to..... by................ [illegible pencil remarks]

TRANSLATION OF DOCUMENT 744-PS

[Illegible pencil notes] 8 July 1943 SECRET Chief of the Supreme Command Armed Forces (OKW) Armed Forces General Staff (WFST) Organization (II) No. 02938/43 Secret 2235 Ref. 2105 Subject: Manpower for Coal Mining

For the execution of the enlarged iron and steel program, the Fuehrer has ordered on 7 July the absolute guarantee of the necessary coal production, and for that purpose he has ordered to cover the requirements for manpower with prisoners of war.

The Fuehrer demands that the measures described below will be used to add 300,000 additional workers to the coal mining industry finally.

1. Of the Soviet prisoners of war in our hands—with the exception of those of Finland, Norway and those who are employed in T/O positions by the troops, 200,000 prisoners of war fit for coal mining are to be transferred immediately as the first installment by 1 Sept 43 by the plenipotentiary general for labor allocation with the consent of the chief, supreme command armed forces (AWA/chief prisoner of war affairs) trainload by trainload. As far as necessary the GBA (plenipotentiary for manpower) will provide substitutes.

2. In case of the receipt of new Soviet prisoners of war, the requirements of the coal mining industry have absolute priority over all other demands until further notice.

All prisoners of war, captured since 5 July 43 in the East, are to be sent to camps of the supreme command armed forces, and from there they are to be made available immediately or by exchange with other consumers to the plenipotentiary for labor allocation for use in the coal mining industry; the chairman of the national coal association has the immediate right of choice already in the prisoner of war camps of the supreme command armed forces area with the aid of his agencies.

3. Soviet professional coal miners are to be sent without exception from all prisoners of war allocation points according to their vocational training to the plenipotentiary for labor allocation against replacements for use in mining.

4. All male prisoners, from 16 to 55 years age, captured in guerilla fighting in the operational area, the army area, the Eastern commissariats, the Government General and the Balkans, will in the future be considered prisoners of war. The same applies to those males in the newly conquered territories of the East. They are to be sent to prisoner of war camps, and are to be brought from there for labor allocation in the Reich.

The chief of the army general staff and the Reichsfuehrer SS after consultation will issue within their jurisdiction the necessary directives on the conscription and further treatment of family members.

For presentation to the Fuehrer, the chief of the affairs of prisoners of war reports to me every ten days on the development of the action, T. for the first time of 25 July 43 as of 20 July 43.

Keitel [signed in ink]

Distribution:

Army General Staff

Supreme Commander Airforce

Airforce General Staff

Chief of army armament and Commander of the replacement army

General armed forces operation office (AWA) chief of prisoner of war affairs

Reichsfuehrer SS and chief of German Police

Plenipotentiary for the Four Year Plan, attention State Secretary Koerner

Reichminister for armament and nutritions

Chairman of the Reich coal association [Reichsvereinigung Kohle] State councillor Pleiger.

The necessary information of further agencies, who are also concerned will be given by AWA with the consent of the plenipotentiary for labor allocation (GBA).

The Reichsfuehrer SS Field Headquarters 5 Aug 1943 Adjutant Journal No. 891/43 secret Subject: Manpower for coal mining industry.

Reference: Letter of the command staff of the Reichsfuehrer SS—journal No. Ia/1909/43 secret.

Secret

1. Chief of the personal staff of Reichsfuehrer SS

2. SS main office

3. Reich security main office [RSHA]

4. Race and resettlement main office—SS

5. Main office, ordinary police

6. SS economic administrative main office

7. SS personal main office

8. Main office SS court

9. SS Supreme command—Headquarters of the Waffen SS

10. Staff Headquarters of the Reich commissar for the consolidation of Germanism

11. Main office center for Racial Germans [Volksdeutsche Mittelstelle]

12. Office of SS Obergruppenfuehrer Heissmeyer

13. Chief of the guerilla-fighting units

14. Higher SS and Police Leader Ostland

15. Higher SS and Police Leader Russia-Center

16. Higher SS and Police Leader Russia-South

17. Higher SS and Police Leader Northeast

18. Higher SS and Police Leader East

19. Higher SS and Police Leader Alpine territory

20. Higher SS and Police Leader Serbia

21. Commissioner of the Reichsfuehrer SS for Croatia.

To figure 4. of the above mentioned order, I order that all young female prisoners, capable of work, are to be sent to Germany for work through the agency of Reich Commissioner Sauckel.

Children, old women and men are to be collected and employed in the women's and children's camps, established by me, on estates as well as on the border of the evacuated area.

/s/ H. Himmler For the Reichfuehrer Grothmann [in ink] SS Sturmbannfuehrer [Major]

TRANSLATION OF DOCUMENT 745-PS

Security Service of the Reich Fuehrer of SS (SS) Security Service, Section Koblenz

111 .4 B No. 11/44 gKs-S/fd Koblenz, June 12, 1944 3 copies 3rd copy Top Secret

To the Inspector of Security Police and of SD SS-Colonel Bomann

Wiesbaden.

For information:

To the Director of the State Police Office Koblenz SS Major Dr. Christiann

Koblenz.

Concerns: Enemy aviators who have been shot down Reference: Your letter—IV 2a (new) 43/44 gKs—of 21.4.1944

With reference to your letter and to the preceding oral consultations, it is announced that the OKW issued a similarly worded decree which was read to the company leaders. The appropriate wording of the decree was that German soldiers cannot be expected to give their protection to murderers of German people. Further confidential information was that the company commanders informed their companies accordingly and gave them to understand that value is no longer placed on imprisoned enemy aviators.

The decree of the OKW which was read as a top secret military document, was presented on 3.6.1944.

Acknowledgement is requested. The head of the SD Section Koblenz (SS) Lieutenant-Colonel [sig. illegible] Wiesbaden, 21 April 1944 Top Secret 9 copies 9th copy

TRANSLATION OF DOCUMENT 754-PS

WFSt/Op (Army Command Staff) [Wehrmachts Fuehrungstab] TOP SECRET

[pencilled notes illegible] 28 Oct 1944 6 copies 5th Copy

KR—Teletype

1. Geb [?] AOK (Army Supreme Command) 20 2. For information: (WB) Armed Forces Commander in Chief, Norway 3. For information: Reich Commissioner for the Occupied Norwegian Territories 4. OKM (Supreme Command, Navy) /1. Skl. (Koralle)

Because of the unwillingness of the north Norwegian population to voluntarily evacuate, the Fuehrer has agreed to the proposals of the commissioner for the occupied Norwegian territories, and has ordered, that the entire Norwegian population east of fjord of Lyngen be evacuated by force in the interest of their own security, and that all homes are to be burned down or destroyed.

The supreme commander, Northern Finland, is responsible, that the Fuehrer's order is carried out without consideration. Only by this method can it be prevented, that the Russians with strong forces, aided by these homes and the people, familiar with the terrain, follow our withdrawal operations during this winter and shortly appear in front of our position in Lyngen. This is not the place for sympathy for the civilian population.

[Pencilled note bottom page 1: BDC—OKW 1612.] [Stamped:] 13/184

It must be made clear to the troops, engaged in this action, that the Norwegians will be thankful in a few months that they were saved from Bolshevism, and that the barbarian methods of the air war against our German country and her cultural shrines have brought a thousand times more misery to our people if compared with the humane evacuation and destruction of homes in Northern Norway, which is necessary for our war effort, and which, if it is not done, must be paid for with blood of German soldiers.

The population—whose livelihood is fishing—in Northern Norway, furthermore has enough shipping space at its disposal to be able to get out of the way en mass across the water. A large part of the small Norwegian ships which are kept hidden at present can be used for this and can later also be used for our own transportation needs.

The danger of the formation of guerilla bands on the part of the Norwegians appears to be negligible since they can no longer use the houses during the winter.

I.A. [By order] signed: JODL Supreme Command Armed Forces/Armed Forces Command St/ Army Operations/North/No 0012887/44 top secret Distribution:

Chief Armed Forces Command St (1st copy)

Deputy Chief/Ktb (2nd copy)

Operations (Army) operations (Navy) (1 each 3rd & 4th copies)

Quartermaster and G-2 (1 each 5th & 6th copies)

TRANSLATION OF DOCUMENT 765-PS

Copy

Teletype Message Munich 47 767 10 November 1938—0120— To all State Police Main Offices and Field Offices To all SD—Main Sectors and to SD—Sub-Sectors

SECRET

Flash Urgent to be submitted at once. Urgent—to be submitted immediately to the Chief or his deputy.

Regards: Measures against Jews to-night.

Because of the attempt on the life of von Rath, Legation Secretary in Paris, demonstrations against the Jews are to be expected in the entire Reich in the course of this night—from the 9th to the 10th of November 1938. For the handling of these actions the following directions are issued:

1. The chiefs of the State Police Offices or their deputies will immediately after receipt of this teletype message establish telephone contact with the political leadership offices—Gau Directorate or Kreis Directorate—within their region and arrange a conference about the handling of the demonstrations. The respective inspectors and commanders of the Order Police are to participate in the conference. In this conference the political leadership offices are to be informed that the German police have received the following directives from the Reichsfuehrer of the SS and Chief of the German Police, which directives are to be conformed to by the political leadership offices in an appropriate manner:

a. Only such measures may be taken which do not jeopardize German life or property (for instance, burning of synagogues only if there is no danger of fires for the neighborhood).

b. Business establishments and homes of Jews may be destroyed but not looted. The police have been instructed to supervise the execution of these directives and to arrest looters.

c. In business streets special case is to be taken that non-Jewish establishments will be safeguarded at all cost against damage.

d. Subjects of foreign countries may not be molested even if they are Jews.

2. Under the provision that the directives given under No. 1 are being complied with, the demonstrations are not to be prevented but merely supervised regarding compliance with the directives.

3. Immediately after receipt of this teletype the archives of the Jewish communities are to be confiscated by the police, so that they will not be destroyed in the course of the demonstrations. Important in this respect is historically valuable material, not recent tax lists, etc. The archives are to be delivered to the respective SD Office.

4. The direction of the measures of the Safety Police regarding the demonstrations against Jews is in the hands of the State Police Offices, in as much as the inspectors of the Safety Police do not issue different directives. For the performance of the measures of the Safety Police, officers of the criminal police as well as members of the SD, the special troops and the SS, may be used.

5. As soon as the events of this night permit the use of the designated officers, as many Jews, particularly wealthy ones, as the local jails will hold, are to be arrested in all districts. Initially only healthy male Jews, not too old, are to be arrested. After the arrests have been carried out the appropriate concentration camp is to be contacted immediately with a view to a quick transfer of the Jews to the camps. Special care is to be taken that Jews arrested on the basis of this directive will not be mistreated.

6. The content of this order is to be communicated to the respective inspectors and commanders of the Order Police and to the SD Chief Sectors and the SD Sub-Sectors with the notification that these police measures have been issued by the Reichsfuehrer of the SS and the Chief of the German Police. The Chief of the Order Police issues appropriate orders to the Fire Department Police. The Safety Police and the Order Police are to work in closest coordination in the execution of these measures.

The receipt of this teletype is to be confirmed by the State Police Director or a deputy via teletype to the Secret State Police Office into the hands of SS Colonel [Standartenfuehrer] Muller.

Signed: HEYDRICH SS General [Gruppenfuehrer]

TRANSLATION OF DOCUMENT 775-PS

[Memorandum of Minister of Interior concerning the Clarification of Police Matters, 1935]

As chief of the department of police in the Reich and Prussian ministry of the interior, I have noticed lately an ever increasing internal political tension which makes a clarification of authority both as regards the general police and more especially the political police, evidently urgently necessary.

1. Fight against the Church

The Reich minister of the interior is the competent authority for general rules on confessional policy. Therefore, the leaders of the diverse confessional groups address their petitions to our office. Lately, half of the political police reports concerned clerical matters. We have untold petitions from all kinds of cardinals, bishops, and dignitaries of the church. Most of these complaints concern matters under the jurisdiction of the Reich Ministry of the Interior, although the respective rules were not decreed by it. It happens very often that we have in our capacity as a court of appeal to settle incidents, about which sometimes we know nothing at all until we receive the complaint. There does not seem to be any unity any longer between our principles as regards political, ecclesiastical matters and the executives thereof in the states. It is an inexcusable state of affairs to give directions to complainants and make promises to ecclesiastical leaders, if there is no reliability of their being carried out in the states. Therefore, I deem it an absolute necessity that full clarification be given on this controversial philosophical matter not only as regards the principles but also the execution thereof.

I would like to point out that, in my opinion, these principles should be both considered and executed not only from an internal political, but also from the foreign political viewpoint. I enclose an encyclical of the Pope that was submitted to me today. The question arises for instance as to whether the manner of treatment of returning Catholic young people in front of Swiss customs guards has something to do with the unfavorable foreign political commentaries which have been evoked by this action by the political police.

This concerns not only the political police; the whole police force as such will be implicated by the consequences resulting from the religious struggle. Instances of gross disturbance of congregations are mounting terribly fast lately, often necessitating intervention of the emergency squad. In the long run I cannot carry the responsibility, for officials will become involved and be forced to support one party or the other. The struggle [Kampfzeit] is so recent that we know from our own experience that in the end the police official will be blamed quite often for everything by both warring parties. After discarding the rubber truncheon, the idea of exposing executive officials to situations in which, during gross interruption of meetings, they may be forced to use cold steel, is unbearable.

It is my opinion that everything must be done to prevent the wearing out of the police force as well as the state authority in general with an untimely religious struggle. Should this philosophical conflict continue I would be forced,—incidentally this was proposed to me in a letter from the chief of the Gestapo, to give lectures to the police officials on Christian religions or the particular importance of the religious movement and the attitude of the party to these.

Neither do I believe that it is desirable if the lower grade police authorities carry out the handling and reporting of these religious matters in a certain one-sided manner.

2. Lately, there has been a marked increase of cases of protective custody. I demand urgently that in this matter also, final directives be given concerning methods, proof, length of time and manner of execution. The decree on protective custody by the Reich Ministry of the Interior has been made invalid long ago by the actions of the political police. It is almost impossible to receive an adequate report on a case of protective custody. The petitions, addressed to us in this matter, all stress the same point which I also regard as important. The parties concerned and their relatives accept protective custody as a matter of fact, but not the complete uncertainty as regards the manner and principles by which it may or may not be imposed. This unquestionable lawlessness fosters unrest and antagonism. It is intolerable for the Reich Ministry of the Interior, when there is a different interpretation and application of the law in the respective states, thereby obstructing a uniform execution of the law. The question must also be settled whether as approved by the judicial association N.S., in agreement with the Reichminister of Justice, in cases of protective custody a person is allowed a lawyer, or as is actually practised by the secret state police this is refused. I refer in this connection to the case of lawyer Puender. He was confined to protective custody with his colleagues for bringing an action, being forced to do this by a Reich law, after duly informing the Reich Ministry of Justice and our ministry. This complaint could not involve any complications, as it could immediately be legally restrained by us.

3. For official political reasons I must object on principle to the fact that lately once more and without previous knowledge of the superior authorities, officials have been taken into protective custody or what is sometimes even more, they have been subjected to state police investigations. I cite here only the case of my teacher and Kreisleiter at Esterwegen, who was kept in protective custody for 8 days, because he had sent a correct report, as proved afterwards, to his district councillor on abuses by the SS. I remember the investigations by criminal assistants of the Gestapo in Kottbus, lasting two weeks, on the chief of police in that phase, by the way an SS Brigadefuehrer. Likewise I have already presented today a complaint by the Oberpraesident Lohse, concerning the order to an official of the gendarmerie for espionage on superior officials by officers of the political police.

It is intolerable from the point of view of the national socialist authoritarian form of state leadership that subordinate offices procure information on officials in this manner over the heads of their superior office. This will create a great deal of trouble quite apart from the fact that information obtained in this manner must be prejudiced and very often even actually false.

4. Abductions by officers of the political police on foreign sovereign territory have lately created severe disturbances in the field of foreign politics. I cite the cases of Berthold Jakob (Switzerland), Gutzeit (Holland) and the latest incident at the Czech frontier. It is my opinion that in consideration of the foreign political complications, the police office should receive orders for such measures from the responsible Reich officer only, and not from subordinate offices.

5. Several times the Reich ministry of economics has pointed out to me the disturbing effect on the economic organization which must result from the various political incidents caused by the police, the atmosphere of insecurity caused by cases of protective custody (particularly in the case of economic leaders) and also in the latest cases of boycott of the Jews (Cologne, Duesseldorf).

6. I can only undertake the creation of the Fuehrer protection in my police department if I am completely responsible for the officials working there, their service, capabilities and their co-operation with the other departments of the criminal police.

7. I propose that it be settled once and for all, not only who is to bear the responsibilities for the directives but also who shall bear the responsibility for the carrying out of these directives in all matters appertaining to the political police.

Either: This responsibility rests with the Reichminister of the interior. Then he has to be vested with altogether different powers to give orders in political matters concerning the police.

Or: This responsibility with all its consequences is borne by the Reichfuehrer SS, who is already actually claiming the management of the political police in the Reich. In this case, I would propose that the law, laid down for Prussia by SS, Himmler, becomes Reich law immediately, elevating the office of the secret state police to the status of a ministry and the chief of the office of the secret state police undertakes the tasks which he—as is already stated in the draft of the law, "determines".

PARTIAL TRANSLATION OF DOCUMENT 778-PS

Copy. Concentration Camp Dachau 1.10.1933. Commander's Office Disciplinary and Punitive Regulations for the Internment Camp. Introduction.

The following regulations, concerning punishment, for the maintenance of discipline and order within the limits of the Concentration Camp Dachau are released as part of the existing camp regulations.

Subject to these regulations are all internees of the Concentration Camp Dachau from the time of their imprisonment to the hour of their release.

Authority for ordering punishments lies in the hands of the camp commander, who is personally responsible to the political police commander for the execution of the issued camp regulations.

Tolerance means weakness. In the light of this conception, punishment will be mercilessly handed out whenever the interests of the fatherland warrant it. The fellow countryman who is decent but misled will never be affected by these regulations. But let it be a warning to the agitating politicians and intellectual provocators—regardless of which kind—: be on guard not to be caught, for otherwise it will be your neck and you will be shut up according to your own methods.

Article 6

The following are punishable with 8 days of close confinement, and 25 thrashings to be administered before and after the serving of the sentence:

1. anyone making depreciatory or ironical remarks to a member of the SS, deliberately omitting the prescribed marks of respect, or in any other way demonstrating unwillingness to submit himself to measures of disciplinary order.

2. prisoner-sergeants and prisoner squad leaders or foremen who exceed their authority as orderlies, assume the privileges of a superior over other prisoners, accord likeminded prisoners special privileges in work or in any other way, tyrannize fellow prisoners who have political views different from their own, make false reports on them, or prejudice them in any other way.

Article 7

The following are punishable with two weeks' close confinement:

1. anyone exchanging by his own will the quarters to which he is assigned without being authorized by the company commander or instigating or inducing his fellow prisoners to do so;

2. anyone enclosing or hiding forbidden articles or articles produced in the camp in outgoing laundry bundles, or sewing them into pieces of laundry, etc.;

3. anyone entering or leaving barracks, shelters, or other buildings by other than authorized entrances, or creeping through window or other openings;

4. anyone smoking in shelters, toilets and places which are fire hazards, or keeping or depositing inflammable objects on such places. Should a fire result from neglect of this prohibition, then it will be considered as an act of sabotage.

Article 8

The following are punishable with 2 weeks of close confinement and 25 thrashings to be administered before and after the serving of the sentence:

1. anyone leaving or entering the internment camp without an escort or who joins an outgoing work detail without proper authority;

2. anyone making depreciatory remarks in letters or other documents about national socialistic leaders, the State and Government, authorities and institutions, glorifying marxist or liberal leaders or November Parties (November Parteien), or reporting on occurrences in the concentration camp;

3. anyone safe-keeping forbidden articles, tools, slashing and thrusting weapons in his quarters or in paillasses.

Article 9

The following are punishable with 3 weeks close confinement: Anyone removing government property regardless of what kind, from its assigned place; deliberately damaging, destroying, wasting, transforming, or using same for purposes other than prescribed. Aside from the punishment the individual or the entire company of prisoners, depending on the circumstances, will be held responsible for the damage caused.

Article 10

The following are punishable with 6 weeks close confinement or an indefinite term of solitary confinement:

1. anyone making money collections inside of the camps, financing illegal activities, within or outside of the limits of the camp, or bribing fellow-prisoners into submission or putting them under obligation to keep quiet;

2. anyone receiving financial aid derived from illegal collections of the red aid funds, or distributing such money among fellow prisoners;

3. anyone making communications to a clergyman other than of problems pertaining to the soul, giving him secretly letters or communications for delivery, or attempting to win the clergyman's cooperation for illegal purpose;

4. anyone disparaging, slandering or slighting in any other way the symbols of the national socialistic state or its representatives.

Article 11

By virtue of the law on revolutionaries, the following offenders, considered as agitators, will be hung.

Anyone who, for the purpose of agitating, does the following in the camp, at work, in the quarters, in the kitchens and workshops, toilets and places of rest: politicizes, holds inciting speeches and meetings, forms cliques, loiters around with others; who for the purpose of supplying the propaganda of the opposition with atrocity stories, collects true or false information about the concentration camp and its institution; receives such information, buries it, talks about it to others, smuggles it out of the camp into the hands of foreign visitors or others by means of clandestine or other methods, passes it on in writing or orally to released prisoners or prisoners who are placed above them, conceals it in clothing or other articles, throws stones and other objects over the camp wall containing such informations; or produces secret documents; who, for the purpose of agitating, climbs on barracks' roofs and trees, seeks contact with the outside by giving light or other signals, or induces others to escape or commit a crime, gives them advices to that effect or supports such undertakings in any way whatsoever.

Article 12

The following offenders, considered as mutineers, will be shot on the spot or later hung:

Anyone attacking physically a guard or an SS man, refusing to obey or to work while on detail, asking or inducing others to join him in such acts of mutiny, leaving a marching column or a place of work as a mutineer or asking others to do likewise, or bowling, shouting, inciting or holding speeches while marching or at work.

Article 13

The following offenders, considered as saboteurs, will be punished by death:

Anyone deliberately causing a fire, an explosion, or any kind of damage such as by water in the camp, in the quarters, in the workshops, in the places of work, in the kitchens, store rooms, etc; also anyone manipulating contrary to given instructions with barbed wire installations, high voltage circuits, switch boards, telegraph or water lines, the camp wall or other security installations, heating and boiler installations, machines or motor vehicles. Should the act have occurred because of negligence, then the guilty person will be kept in solitary confinement. In cases of doubt, however, it will be considered as an act of sabotage.

Article 19

Confinement will be executed in a cell, with a hard rest, with water and bread. The prisoner receives warm food every four days. Punitive work consists of severe physical or particularly dirty work, performed under close supervision. Incidental punishments are: drilling, thrashings, foreclosure of mail and food, hard rest, tying to stakes, reprimands and warnings.

All punishments are being recorded in files.

Confinement and punitive labor prolong the term of internment by at least 8 weeks, an imposed incidental punishment by 4 weeks. Prisoners in solitary confinement will not be released within a measurable space of time.

The Commander of the Concentration Camp (L.S.)

[signed] EICKE SS-Oberfuehrer

Concentration Camp Dachau 10.1.1933 Commanders Office Service Regulations for Prisoner Escorts and Guards Guard Deputy.

Anyone letting a prisoner escape will be arrested and handed over to the Bavarian Political Police for liberating prisoners out of negligence.

If a prisoner attempts to escape, he is to be shot without warning. The guard who has shot an escaping prisoner in the line of his duty will not be punished.

In case of attack on a guard by a prisoner, the former is to resist the attack not by physical force but by the use of his weapons. A guard disregarding this regulation must expect his immediate discharge. Anyone keeping his back covered, will anyway seldom have to expect an attack.

If a prisoner unit mutinizes or revolts, it is to be shot at by all supervising guards. Warning shots are principally prohibited.

The time of work is determined by the camp commander. A prisoner escort who brings his prisoners back too early, is guilty of having badly failed to do his duty and can be discharged.

In case a work detachment must stop its work prematurely for some reason or other, then the work detachment leader must have the reason certified on the back of the work service slip [Arbeitsdienst Zettel] by either the construction division or the requisitioning office.

The Commander of the Concentration Camp L.S. EICKE SS-Oberfuehrer

TRANSLATION OF DOCUMENT 779-PS

[Directive by Wilhelm Frick Regulating "Protective Custody," 12 April 1934]

[Pencilled noted on top of page:]

(1) 3F 4 487

To reduce the abuses in connection with the infliction of protective custody, the Reichminister of the Interior has decided in his directive on the infliction and execution of protective custody of 12 April 1934, directed to the state governments and the Reichsstatthalter, that orders for protective custody can only be issued. a) for the personal protection of the arrestee b) if the arrestee immediately endangers public safety and order by his behaviour, especially by activity, inimical to the state.

If therefore, as far as these prerequisites do not prevail a sentence of protective custody is not permitted especially a) against persons who only insist on the use of their civic or public rights (for instance report, complaint, grievance); b) against lawyers because of representation of their client's interests; c) because of personal affair (for instance libel); d) because of any economic measures (question of salaries, dismissal of employees and similar cases).

Protective custody furthermore is not permitted for the punishment of criminal acts, for the courts are competent for that. It cannot be applied only for the reason, that a person behaves asocially or otherwise in an obnoxious manner, unless the People has become aggravated by that, and this protective custody becomes necessary for the arrestee's own protection.

(2)

Regulations of Official Agencies—Regulations on Measures of Protective Custody in Prussia (taken for the administrative gazette of the Reich [Reichsverwaltungsblatt] No. 9 of 2 March 1935.) The Prussian Prime Minister. Secret State Police Insp. 946/11 March 1934 Berlin, 11 March.

Subject: Order for measures of protective custody.

1. The previous executory regulations, applying to measures of protective custody are rescinded. In the future, limitations of personal freedom, according to article 1 of the decree for the protection of people and state of 28 Feb. 1933, may be ordered by the Secret State Police office, effective in the whole state, and by the governors and cabinet presidents in Berlin and by the state police offices for their local jurisdiction.

The present competency of the district police authorities [Kreispolizeibehoerden], namely the state counsellors [Land-rate], is no longer applicable for such measures. The measures previously ordered by them, become void after 31 March unless a prolongation has been ordered before then by the State [Landes] police authorities.

2. If protective custody has been ordered as a provisional measure because of suspicion of a criminal act, the decision of the court must be obtained immediately for infliction of legal detention for investigation, and in the case of a refusal of a legal warrant for arrest, the police measure is also to be rescinded, unless their continuation in exceptional cases appears justified for other reasons.

3. Limitations of personal freedom, which are ordered by the Ober—and Regierungspraesidenten, by the president of the police in Berlin and by the state police offices, become automatically void on the 8th day after the end of the day, on which the order for protective custody has been executed, unless the continuation of the protective custody has been ordered specifically by me upon appropriate request.

4. Every case of protective custody, ordered by the Ober and Regierungspraesidenten, by the president of police in Berlin and by the state police offices, is to be reported to me personally (address Berlin W 9, Leipziger Platz 11a) by Telegram within 24 hours, mentioning exactly: name, age, occupation, political standpoint: of the one affected, as well as the cause of the measure; also if necessary, the necessity for apparently appropriate limitation of freedom beyond 7 days must be justified.

5. Arrests, which do not fall under the designation "protective custody", may only be made by the authorities, legally appointed for them. But in this case, a legal warrant for arrest must be obtained under all conditions within 24 hours. If such a warrant for arrest is refused by the competent judge, or if it cannot be obtained within 24 hours, the affected one is to be released immediately or, if the arrest is to remain in effect, action has to be taken according to #3 and 4 (report by telegram within 24 hours to the prime minister).

6. In the future, I will punish the abusive use of the arrest mercilessly.

Agencies of the party and the associations may not make arrests. In case of disregard of this order, the competent authorities must take actions against it immediately, and must report to me at once.

TRANSLATION OF DOCUMENT 781-PS

1. From a letter to Brigadefuehrer (Maj Gen) WOLFF (Secret State Police).

RJM Berlin, 23 March 1936. OBERREGIERUNGSRAT von DOHNANYI To: BRIGADEFUEHRER (Maj Gen) WOLFF BERLIN S W 11 Prinz-Albrecht-Strasse 8 Dear Mr Wolff,

As you doubtless know, the Reichsfuehrer, using the Hoppe case (shooting) in the concentration camp Columbia as an illustration, discussed on the 2 March the question of the use of arms by guard personnel of concentration camps with my minister. The Reichsfuehrer, according to the notes on the conversation made by the minister, on this occasion considered the idea of issuing a decree on use of arms by officials under his jurisdiction favorably. Could you possibly inform me at your convenience how far this matter has progressed with you?

With many regards and Heil Hitler your very obedient [signed] Dr. von Dohnanyi

2. After 2 weeks.

1. Notation:

On the 2nd of this month using the Hoppe case as an illustration, I discussed the question of use of arms by the guard personnel of the concentration camp with the Reichsfuehrer SS. I suggested to Himmler that he issue an order on the use of arms for the officials subordinated to him. * * * Himmler has promised me that such a decree will be issued and will grant us participation in the preliminary work. Initiative with Himmler.

2. To Secretary of state Dr. Freisler for acknowledgement.

3. After 2 weeks.

Berlin, 9 March 1936. seen 9/3 illegible. [signature illegible]

To Mr. von Donanyi with the request to remind the secret state police (Wolf) at his convenience.

17/3 [signed illegible]

TRANSLATION OF DOCUMENT 783-PS

Copy For The Minister Reich and Prussian Minister of Justice 2 F.g10 1696/34 Berlin, W.8, 18 January Wilhelmstrasse 65

Subject: Charges against members of camp personnel of Protective custody Camp Hohnstein.

To the communication of 19 December 1934. —ST. S.I.2593/34—

Most honored Reich Deputy [Reichstatthalter]!

In regard to your courteous communication of 19 December 1934, I inform you respectfully that, on the basis of the decree of the Reich president relative to exercise of the right of nolle prosse of 21 March 1934 (RGBl, I, page 211) in connection with Article 2, paragraph 1 of the first law for transfer of administration of justice to the Reich of 10 February 1934 (RGB1, I, page 91) the right to nolle prosse pending criminal cases wherein the deed was committed after 20 March 1934, belongs no longer to the Reich Deputy but exclusively to the Fuehrer and Reich Chancellor. Under the circumstances I consider myself not in a position to go to the extent of proposing a nolle prosse of the case to the Fuehrer and Reich Chancellor.

TO the Reich Deputy in Saxony in Dresden A1.

Insofar as the deeds were committed before 2 March 1934 and therefore the right of nolle prosse in the case belongs to you, most honored Reich Deputy, I allow myself to express the greatest scruples against the intended nolle prosse. The nature of the mistreatments, particularly the use of the drip-apparatus, is evidence of a coarseness and brutality in the perpetrators which is completely alien to German sensibility and feeling. Such atrocities, reminders of oriental sadism, can find no explanation or excuse even in the greatest bitterness of combat. Crimes of this sort must find their lawful expiation for the very sake of the cleanness and respect of the movement. In view of experiences in other cases, of similar aspect in a certain sense, I am also unable to share the fear that execution of the legal proceedings would be detrimental to the movement. This is all the more true since the main proceedings can take place with complete exclusion of the public.

Heil Hitler!

TRANSLATION OF DOCUMENT 784-PS

Copy The Reichminister of Justice Z.F.g 10 1696.34 Berlin, June 5, 1935

1. A message to the deputy of the Fuehrer Reichminister Hess.

Confidential Personal

Regarding: penal proceedings against the merchant and SA leader Lt. Colonel [Obersturmbannfuehrer] Jaehnichen and 22 companions on account of inflicting bodily injury on duty (protective custody Camp Hohenstein in Saxony).

Dear colleague!

With inference to the bill of indictment sent by me under my communication of March 20, 1935 regarding the penal proceedings mentioned above, I beg to inform you of the following:

After a main trial, lasting about six weeks, the assistant prosecutor Staatsanwalt Dr. Walther, proposed the following sentences on May 3, 1935:

Against Jaehnichen (Camp Commandant) 5 years penetentiary Against Zikera—1 year, 6 months prison Against Heinz Meier—3 years prison Against Herbert Meier—3 years, 2 months prison Against Tuerke—3 years prison Against Volkmar—2 years, 3 months penetentiary Against Leuschner—2 years, 3 months prison Against Romkopf—2 years, 6 months prison Against Karche—1 year, 8 months prison Against Hausch—1 year, 4 months prison Against Lehmann—3 years, 3 months prison Against Kuehnel—1 year prison Against Stachowski—1 year prison Against Ude—1 year prison Against Friedrich—1 year, 3 months prison Against Schmeling (Police)—1 year prison Against Konitz—1 year prison Against Uhlmann—1 year prison Against Sturzkober—10 months prison Against Schupp—1 year, 6 months prison Against Hensel—2 years, 3 months prison Against Heinicker—1 year, 6 months prison Against Putzler—3 years, 9 months penetentiary Against Liebscher—7 months prison Against Heger—Suspension on account of amnesty.

On May 15, 1935 the Criminal division number 12 of the Supreme Court in Dresden pronounced the verdict, by which on account of offences against Art. 340 of the Penal Code the following were sentenced:

Jaehnichen—to 6 years prison Zikera—to 1 year, 6 months prison Heinz Meier—to 3 years prison Herbert Meier—to 3 years prison Tuerke—to 3 years prison Volkmar—to 2 years, 3 months prison Leuschner—to 2 years, 6 months prison Romkopf—to 2 years, 6 months prison Karche—to 1 year, 8 months prison Hausch—to 1 year, 4 months prison Lehmann—to 3 years prison Kuehnel—to 1 year prison Stachowski—to 1 year, 6 months prison Ude—to 1 year prison Friedrich—to 1 year, 3 months prison Schmeling—to 1 year prison Konitz—to 1 year prison Uhlmann—to 1 year prison Sturzkober—to 10 months prison Schupp—to 1 year, 6 months prison Hensel—to 2 years prison Heinicker—to 1 year, 6 months prison Putzler—to 3 years, 9 months prison Against Liebscher and Heger suspension was authorized on the basis of the law governing amnesty.

After the proposal of the sentence, however, still before the announcement of the verdict, the chairman of the Criminal division number 12 received the following letter from the Reich governor [Reichsstatthalter] of Saxony:

"Official Seal The Reich Governor [Reichsstatthalter] of Saxony II 84/35 Dresden-A.1, May 8, 1935 Mailbox 78 Telephone 24 371. To the president of the Supreme Court Dr. Roth [Landgerichtsdirektor] Dresden Pillnitzer Street 41 The President of the Supreme Court: Sir:

As I was informed, it is proposed to impose a punishment of 3-1/2 years of penal servitude upon the accused Standartenfuehrer Jaehnichen. Without wanting to interfere in the proceedings or intending to influence you as Judge in any way before the verdict is announced, I should nevertheless like to once more call your attention to the fact that the circumstances, as they had been brought about by the revolution of 1933 and as they, without doubt were still taking effect up to the beginning of 1934, cannot be overlooked, when pronouncing sentence.

A further point appears to me to be worth taking into consideration, namely, the fact that one cannot accuse Jaehnichen of having a low character and that, above all, in Hohenstein the scum of humanity had to be attended to. In consideration of this fact I should like to leave it to you to consider whether the lapses call for such a severe degree of punishment or rather whether a pardon could not be considered.

As Gauleiter of NSDAP I regard it as my duty to call attention again to the unusual circumstances.

Heil Hitler Signed: Martin Mutschmann."

Moreover the information has come to hand that the two magistrates (Schoeffen), who functioned as judges in the principal trial, namely, Regierungsamtmann Helbig and the merchant Pesler, had been expelled from the NSDAP after the announcement of the verdict. I do not know by whom this expulsion was ordered.

Finally it has been put to the assistant prosecutor, Staatsanwalt Dr. Walther, who is a storm trooper, after the pronouncing of the verdict on his Obersturmbannfuehrer, that he should resign from the SA.

The fact that these measures were taken at the same time as the verdict referred to above was pronounced, gives rise to the assumption that here also there is something below the surface. However, this would represent an extremely serious and highly undesirable conclusion to the legal and fully binding penal proceedings. If the letter from the Reich governor reproduced here gave the impression that his judicial decisions should be influenced from higher up, then this would certainly influence to an even greater extent any later measures instituted against the 2 magistrates. That kind of procedure against lay judges after the verdict had been pronounced would naturally and necessarily arouse the feeling that, when they are functioning as judges, they are responsible to a certain office for their work. Hereby the judicial unpartiality, which is the foundation of every orderly administration of criminal law becomes null and void. Moreover, the lay judge, who upon entering service, must swear an oath, that he will discharge his duties conscientiously and to the best of his ability, would find himself forced to battle with his conscience. No less serious would be the consequences of such measures for the assistant public prosecutor. This official would also have to battle with his conscience, while carrying out his duties. Thereby the orderly official work of the authorities for the administration of criminal law would be so seriously endangered that I would find myself obliged to consider the question whether in the face of such a state of affairs public prosecutors and judges could still be functionaries of the party or members of the SA at all.

Hence it appears to be necessary——

1. in the case in question to remove the confusion, resulting from the measures indicated above, by suitable countermeasures

2. to take steps that such occurrences altogether incompatible with the administration of criminal law and the public security guaranteed by the state are avoided.

I would respectfully request your comments and information with regard to any action in this direction. Considering the importance of this case, I would be obliged if you would reply as early as possible.

Heil Hitler! Signed: Dr. Guertner.

2. A letter to the Chief of Staff of the SA of the NSDAP with a copy of the following accusation enclosed.

In regard to: —to enter on page 1— Confidential Enclosed 1 loose leaf Personal Chief of Staff:

Sir:

In the penal case, indicated above, which involved serious maltreatment of prisoners in the protective custody camp at Hohenstein in Saxony, the main trial was held in Dresden from 20th March to the middle of May 1935 before the 12th Criminal Division of the Supreme Court. In regard to the details of the incidents, may I refer to the enclosed copy of the Bill of indictment of October 1934 and particularly may I call attention to page 21 of the results of the inquiry. On May 3, 1935 the assistant prosecutor Staatsanwalt Dr. Walther imposed the following punishment:

Here has been received that it has been put to the assistant prosecutor Staatsanwalt Dr. Walther, who is a storm trooper, after pronouncing of the verdict on his Obersturmbannfuehrer, that he should resign from the SA. The fact that this measure was undertaken at the same time as the verdict referred to above was pronounced, gives rise to the assumption that here also then is something below the surface. However this would represent an extremely serious and highly undesirable conclusion to the legal & fully binding penal proceedings. The officials would have to battle with their conscience when carrying out their duties, if such procedure was in force. In this way the orderly official work of the authorities for the administration of criminal law would be so seriously endangered, that I would find myself obliged to consider the question whether in the face of such a state of affairs Staatsanwaelte could still be members of the SA at all.

Hence it appears to be necessary:

1. In the case in question to remove the confusion resulting from the measures indicated above, by suitable counter-measures.

2. To take steps that such occurrences altogether incompatible with the administration of criminal law and the public security guaranteed by the State, are avoided.

I would respectfully request your comments and information with regard to my action in this direction. Considering the importance of this case, I would be obliged if you would reply as early as possible.

3. to the Minister, confidential

4. 2 weeks.

Heil Hitler! Signed: Dr. Guertner.

PARTIAL TRANSLATION OF DOCUMENT 785-PS

Z Stg. 10-9-35

Subject: Suit against Rudolf Jaehnichen and others for Mistreatment of Inmates of the Hohnstein Concentration Camp.

A further investigation which was ordered as well as a new verification of already known facts showed that the mistreatment of inmates which has led to the conviction of the accused were not carried out for any political purposes (to obtain a confession, to punish disciplinary infractions, etc.) or in response to previously suffered wrongs inflicted by Communists but were merely malicious torture or expressions of sadistic brutality.

A few cases of mistreatment occurred, however, where enemies of the State were involved. The Court in its sentence, however, considered that mistreatments in such cases to a certain extent were justified or at least understandable. But it expressly stated further that the mistreatments which occurred during interrogations had taken on proportions which were in no accord with the desired objective and that the defendants not only attempted to wring confessions from the inmates but that they acted in sheer lust for torture. (Compare Page 100 of the Sentence Document.)