Concentration Camp Dachau special orders (Camporganization)—Service regulations Notes on Death Penalty—Conference
Re: "Important Incidents in Concentration Camp Dachau" Subject: Concentration Camp Dachau
Memorandum
On 29 May 1933 p.m., Dr. Wintersberger, the chief prosecutor [Oberstaatsanwalt] of the State Court [Landgericht] Munich II, has handed me his report of 29 May 1933 with two copies of the "special regulations" concerning inmates of the concentration-camp Dachau (Camp Organization) and stated orally that several
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deaths have been reported from the concentration camp Dachau during the last few days showing that the report of the camp commandant and the camp physician as to the causes of death is hardly in conformity with the findings of the coroner's inquest and autopsy, so that the evidence obtained by the inquiry so far would justify the suspicion of crimes committed. The essential contents of his oral report on the single cases is incorporated in the memorandum of 30 May 1933 drafted by the prosecuting authority [Staatsanwaltschaft] of the district Court [Landgericht | Munich II, which is referred to.
The same day, on 29 May 1933, I reported on this subject to the State Minister of Justice in the presence of Amtsgerichtsdirektor Sprick. The Minister of Justice called the Prime Minister by telephone and obtained his consent that the subject "Execution of protective custody" should be made an item on the agenda of the meeting of ministers, on 31 May 1933; he commissioned me to submit the matter to the State Minister of the Interior together with Amtsgerichtsdirektor Sprick and to take all further steps which might become necessary.
Accordingly, on 30 May 1933 a.m., accompanied by AGDirektor Sprick, I made my report first to Ministerialdirektor Gareis, secretary for police matters [Polizeireferent] in the Ministry of the Interior and then in the presence of the latter to the State Minister Wagner himself stating the facts as they had been reported to me by Dr. Wintersberger, the chief prosecutor [OStA]. I restated the official findings in the cases of Schloss, Hausmann, Strauss and Nefzger, pointed out that in accordance with Article 346 of the Penal Code (StGB) it is mandatory to make an inquiry which, by the way, would also serve the true interests of the state; discussed the legal aspects of the camp regulations [Lagerordnung] and duly communicated that the Prime Minister, on request by the Minister of Justice, had put the subject on the agenda of the meeting of ministers of 31 May 1933.
State Minister Wagner declared that the pacts are not yet cleared sufficiently to allow the matter to become a subject of discussion in the meeting of ministers, and that the commandant of the Bavarian political police who was sick at the time, should be heard first as well as the camp commandant.
He asked the Prime Minister by telephone to delete this item from the agenda and gave orders to Ministerialdirektor Gareis to open a discussion of the matter without delay. From the sphere of the Ministry of the Interior the following are to participate in the discussion: Ministerialdirektor Gareis, the corn-
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mandant of the political police, Himmler, as well as the camp commandant and the camp physician of the concentration camp Dachau; from the sphere of the State Minister o'f Justice: Amtsgerichtdirektor Sprick, Chief Prosecutor [OStA], Dr. Wintersberger, Dr. Flamm, physician, of the District Court (Landgerichtsarzt) and the undersigned reporter in this matter.
I have reported the result of my audience with the State Minister Wagner to Ministerialdirektor Degen and Staatsrat Spangenberger on 30 May 1933 and in the presence of the latter to the State Minister of Justice on 31 May 1933. I was requested to emphasize at the proposed meeting that Article 346 of the Penal Code (StGB) makes an inquiry by prosecution and police mandatory.
On the afternoon of 31 May 1933 I was told by Min. Dir. Gareis over the telephone that in accordance with orders from State Minister Wagner the proposed discussion would not take place, because he wished to avoid any sign of intervention in a pending matter, that the chief prosecutor [OStA] of the District Court [LG] Munich II should contact Himmler, the commandant of the political police, as had been suggested in the case of Schloss by letter of the Ministry of Justice of 29 May 1933 No. II 28923, and that the State Ministry of the Interior would take the necessary steps as far as its own sphere was concerned in this matter.
A.G.Dir. Sprick was asked to make this known to the Minister of Justice who was just participating in a meeting of ministers [interlineary note in ink:—on 31 May—] (OStA) Dr. Wintersberger was orally requested to contact Himmler, commandant of the political police, as soon as possible, and to report on the result.
Munich, 1 June 1933
(s) DOEBIG
2 June 1933 (Friday)
At 5:15 parley on the matter with Reichsstatthalter von Epp.
The papers on Schloss, Hausmann, Strauss and Nefzger were available at this parley on informal request.
Result of the parley:
The files of the prosecution Munich II on these 4 cases are submitted to the State Minister of the Interior in order to get his view first. In the camp Dachau a change of personnel shall take place.
DOEBIG.
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TRANSLATION OF DOCUMENT I2I6-PS
Date: Date Unknown
Total Pages: 3
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-I2I6
HLSL Item No.: Unknown