Decree regulating the use of protective custody by the secret state police against those who endanger the security of the state and people, with provisional detention limited to 10 days

General Decree Collection [Allgemeine Erlassammlung-AES]
2nd Part SECRET
Published by RSHA I Org.
Section 2 A III f, pages 15-24.
Commitment of manpower from the East. Circular decree of the Reich Fuehrer SS and Chief of German Police in the Reich Ministry of the Interior dated 20 February 1942—S IV No. 208/42 (foreign workers)
Enclosed I am sending you general regulations about recruiting and committing manpower from the East for your information and careful attention.
I have the following additional directives of the security service (SD) :
A. Manpower from the original Soviet-Russian territory.
I. General security measures.
(1) The commitment of manpower in the Reich from the original Soviet-Russian territory results in greater dangers than any other employment of foreigners in spite of the special standards of their way of living, since a complete separation from the German and other foreign laborers and a strict supervision will frequently, in practice and especially at the place of work, scarcely be effected. The security police is charged with the responsibility for preventing the danger and it must do everything to accomplish its tasks ; that is, to diminish the possibilities of danger to a minimum. Since enforcements cannot be counted
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on, it is the special task of the inspectors and state police administrative offices to urge the other administrative offices, charged with the commitment of the manpower, to take over the affairs of the security police within the sphere of their jurisdiction.
(2) The tasks resulting from the commitment of Russians are to be summarized by the state police administrative offices in a periodic report and to be recorded therein by a responsible executive official of the criminal police under constant personal supervision of the chiefs of the state police office.
(3) Whenever possible, an official is to be appointed for a certain number of plants, employing manpower from the original Soviet Russian territory, who in connection with the counterespionage officials directs the supervision of this manpower at the place of work and in the quarters.
(4) As far as these plants with manpower from the original Soviet Russian territory do not yet have commissioners for political counter-intelligence, such men are to be appointed. '
(5) Lacking further possibilities of supervision, it is absolutely necessary to establish an especially intensively active intelligence service among the laborers, whereby special attention is to be given to the dissemination of communist ideology and the danger of sabotage acts. .
II. Placement and Supervision.
(1) The provision of separate and supervised placement of manpower from the original Soviet Russian territory, as provided for under number AV of enclosure 1, must not be disregarded with the singular exception of the individually employed female laborers on the farms.
(2) 1. Special attention must be' given to the prompt procurement of guards for the plants mentioned under number (AV lb) and (c) of the enclosure. Even though the plants and the Reich employment administration are obliged to assist intensively in accomplishing this task, the responsibility is nevertheless that of the administrative offices of the security police.
2. Therefore, the following procedure is intended:
(a) The state employment offices have orders to plan continuously for several weeks in advance, to which plants of their district and in what numerical strength the manpower from the original Soviet Russian territory, due to arrive with the next transport, will be distributed. They shall immediately, after drawing up respectively completing the plan, inform the inspectors of the security police and of the SD about that; and they, in turn, have
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to take care that they are constantly kept informed and in communication with the district leader of the guild of protective trade [Fachgruppe Bewachungsgewerbe].
(b) The inspector of the security police and of the SD of the district in which the manpower from the original Soviet Russian territory is newly committed, receives information promptly, before the arrival of each transport, from section IV E lb of the Reich security office [RSHA].
He informs:
The state employment office—section manpower commitment—which, if necessary, has to inform about changes of the arrangements; the inspector of manpower in such plants which need officers from the regular police for the guards ; the district leader of the guild of protective trade with the task of furnishing the guards for and to establish communication, himself or through the agency with the state police administration office, locally competent for the individual plant; the locally competent state police administration office.
(c) The state police office then must examine or must have examined the quarters arranged by the plants. It shall be ascertained whether plant protection exists in the plant, and whether it is sufficient numerically for the guarding of the manpower from the original Soviet Russian territory. If this is not the case, the state police office has to provide for the increase of the plant protection by the protective trade. In the plants where no plant protection exists, it has to supervise the guards made available by the protective agency and to examine whether they fulfill thé requirements as to number and qualification.
(3) The commitment of the protective trade in protected plants has been discussed with the high command of the armed forces. The administrative group "work commitment" in the Four Year Plan will inform the central offices who have state plants with own guard service subordinated to them, that they can receive manpower from the original Soviet Russian territory only if they guarantee the supervision of manpower by the guard service provided for these plants. Since a poor supervision of the manpower in these plants endangers the general security, the state police administration offices will also have to keep an eye on the guarding of these plants and to report difficulties to the RSHA.
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(4) In spite of all precautions, numerous difficulties will arise especially in making available the required guard personnel. These are to be overcome locally as well as possible and, in case of failure, to be reported by teletype. "
(3) When supervising the guarding of this manpower, the state police administration offices will, above all, have the the following duties:
(a) Confirmation of the leader of the guard as well as his duty. In plants with plant protection the leader of the guard is usually the leader of the plant protection. In the plants in which are or will be exclusively men of the
. protective trade, the official furnished by the regular uniformed police—in the county usually the rural police official—is to be appointed leader of the guard. Leaders and deputies should be auxiliary police officials if regular police officials are not available. In larger camps additional capable men may possibly have to be appointed as auxiliary police officials since an auxiliary police official must be at hand at all times. However, attention has to be paid to the fact that guard officials will be appointed as auxiliary police officials only to the absolute necessary extent.
(b) Instructions for the plant protection and the guard personnel. The guards must keep strictly away from the Soviet Russian manpower and must not speak with them except in line of duty. They have to treat the camp inhabitants strictly but must not commit any injustices against them.
(c) The conduct of the guards is to be checked constantly. Violations against discipline by the men of the plant protection and the protective trade are to be punished by the state police.
(d) Selection of those German men of the administration personnel who are to be given additional duties of special plant protection against the Russians.
Since but a few men of the guards can be used at the working place the necessary number of German foremen and masters is to be entrusted with these plant protection functions. The men selected for this purpose must be politically dependable, their character unobjectionable, and capable of acting energetically. In plants with a main office plant protection, the subordinate office plant protection men are to be subordinated to the plant protection
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leader. In plants without a main office plant protection, a subordinate office plant protection leader is to be appointed from among them; he is charged with the supervision of the subordinate office plant protection men. The plant protection men are responsible, in the sense of the aforesaid, for the constant orientation of the guards. The state police offices have to convince themselves about the thorough spot checks and, if necessary, have to order additional training under consideration of the given situations.
(e) General instructions to the guards according to the attached sample. (See enclosure No. 2)
(f) Special instructions to the guards in individual cases or in special local questions.
The task of the guards is solely the guarding and maintaining of discipline of the manpower from the original Soviet Russian territory. Special problems of administration are not to be given to them. The administration of the camps is, rather, a special affair of the plant; that includes also the keeping of a camp diary resp. of camp index. Of course, this does not include the fact that the leader of the guard can make complaints when maladministration endangers the execution of tasks of the security police.
III. Combating violations against discipline.
(1) According to the equal status of the manpower from the original Soviet Russian territory with prisoners of war, a strict discipline must be exercised in the quarters and at the working place. Violations against discipline, incl. work refusal and loafing at work, will be fought exclusively by the secret state police. The smaller cases will be settled by the leader of the guard according to instruction of the state police administration offices with measures as provided for in the enclosure. To break acute resistance, the guards shall be permitted to use also physical power against the manpower. But this may be done only for a cogent cause. The manpower should always be informed about the fact that they will be treated decently when conducting themselves with discipline and accomplishing good work.
(2) In severe cases, that is in such cases where the measures at the disposal of the leader of the guard do not suffice, the state police office has to act with its means. Accordingly, they will be treated, as a rule, only with strict measures, that is with transfer to a concentration camp or with special treatment.
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(3) The transfer to a concentration camp is done in the usual manner.
(4) In especially severe cases special treatment is to be requested at ;th^ Reich security main office, stating1 personnel data and the exact history of the act.
(5) Special treatment is hanging. It should not take place in the immediate vicinity of the camp. A certain number of the manpower from the original Soviet Russian territory should attend the special treatment; at that time they are warned about the circumstances which led to this special treatment.
(6) Should special treatment be required within the camp for exceptional reasons of camp discipline, this is also to be requested.
IV AntiReich activities.
AntiReich activities, especially dissemination of communist ideology, propaganda of disunity, sabotage acts, are to be fought against with the strictest measures. The care in obtaining information shall not suffer through quick arrests, in order to catch the whole group of perpetrators. AntiReich conduct is, as a rule, to be punished by special treatment, in slighter cases a transfer to a concentration camp may be considered.
V. Criminal violations.
(1) Criminal violations will fundamentally — regardless
whether committed inside or outside of the camp—be punished by state police measures. The inquiries, as far as necessary, are to be made by criminal police offices. The county police offices are instructed to submit results of inquiries to the competent state police administration office before sending them to the public prosecutor. '
(2) Criminal delicts are generally to be punished as violations against discipline, that is, against smaller violations the state police measures, against crimes like murder, deadly assault, robbery special treatment will be used.
(3) When committing capital crimes against German persons, a legal judgment may, however, in an individual case, appear suitable. If the state police office considers this necessary, it can transfer the case to the prosecuting attorney under the provision that, according to the criminal laws, one can safely count on the death penalty for the perpetrator.
VI. Sexual intercourse.
Sexual intercourse is forbidden to the manpower of the original Soviet Russian territory. By means of their closely confined
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quarters they have no opportunity for it. Should sexual intercourse be exercised nevertheless especially among the individually employed manpower on the farms—the following is directed:
1. For every case of sexual intercourse with German countrymen or women, special treatment is to be requested for male manpower from the original Soviet Russian territory, transfer to a concentration camp for female manpower.
2. When exercising sexual intercourse with other foreign workers, the conduct of the manpower from the original Soviet Russian territory is to be punished as severe violation of discipline with transfer to a concentration camp.
VII. Measures against fraternization with manpower from the original Soviet Russian territory.
(1) Special attention is to be paid to the fundamental segregation of manpower from the original Soviet Russian territory from the German population. It is important to prevent a penetration of communistic ideology into the German population by cutting off every contact not directly pertaining to the work and, if possible, to 'avoid every solidarity between German people and the manpower from the original Soviet Russian territory. Against Germans who act to the contrary, steps are to be taken by the state police according to the situation of the individual case.
(2) If German countrymen or women should exercise sexual intercourse or commit indecent acts with manpower from the original Soviet Russian territory, transfer to a concentration camp is to be requested.
(3) The intercourse between other foreign workers employed in the Reich and the manpower from the original Soviet Russian territory also brings great dangers to be dealt with by the security police; therefore, it should also be fought with measures against the foreign workers. As a rule, the transfer into a correction camp (deportation for Italians) will be considered; this is also valid for cases of sexual intercourse.
VIII. Search.
(1) Fugitive workers from the original Soviet Russian territory are to be announced principally in the German search book. Furthermore, search measures are to be decreed locally.
(2) When caught, the fugitive must receive special treatment.
IX. Handling in the Reich security main office.
(1) Requests, reports, inquiries resulting from the treatment of the manpower from the original Soviet Russian territory according to the existing directives, are to be transferred to section
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IV A 1 of the Reich security main office, competent for the handling of Soviet Russian affairs.
(2) Only inquiries and reports, especially pertaining to the guarding of this manpower, are to be addressed to section IV E lb of the Reich security main office.
B. Manpower from the Baltic states and foreign manpower, not of Polish origin, from the Government General and from the annexed Eastern territories.
I. General.
(1) This manpower is to be treated uniformly in the Reich by the state police. On the basis of the political view of these nations resp. tribes (Volksstaemme) toward the Reich on the one hand and their position in the East on the other hand, they are to be governed by the general regulations valid for foreign manpower, but are subject to special limitations in their way of living.
(2) These limitations consist essentially in a conspicuous separation of this manpower from the German people. Since the employment and housing of this manpower is not closely confined and guarded, it is the task of the secret police to be especially watchful about the obedience to the mentioned principle. The secret police has to inform the offices charged with the employment of foreigners through constant communication, that this principle will be considered in all measures of work employment. Settlement of these persons in the Reich, individual billeting in spite of existing collective quarters, a position superior to that of a German worker, etc., must not be tolerated. As far as these people themselves violate the established principle, and act unlawfully against Germans by insubordination and acts of violence, such a conduct will be met with state police measures.
(3) This manpower must, under no circumstance, be put on the same level as the Poles or the manpower of the original Soviet Russian territory, on account of their nations' fundamental antagonism toward the Polish people and bolshevism. Nevertheless, special attention should be paid to them—especially by the establishment of an active intelligence service among this manpower— since their good conduct toward the German nation might change into the opposite, but at least could stiffen, because too high political expectations are not fulfilled.
II. AntiGerman activities.
AntiGerman activities like sabotage acts, communist-marxist agitation, antiGerman statements, strike instigation are, under
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consideration of the aforesaid to be met with all strictness, applying the usual state police measures.
III. Fighting against the breach of work contract.
(1) The fighting against the breach of work contract of this manpower is principally the duty of the secret state police.
(2) This does not mean, of course, an interference with the activity of the Reich arbitrator of work with the means at his disposal in the regulation and settlement of industrial difficulties as long as no active intervention is necessary. If more stringent measures are necessary, the arbitrator will transfer the proceedings to the secret state police.
(3) In every case, however, it is the task of the state police administration office to check whether the violation of the work duty by this manpower is not caused by the plant by breach of contract as well as general bad treatment. If the conduct of the concerned manpower appears justified through the fault on the part of this plant, the state police is not to interfere, since this is free manpower.
(4) In any other case, however, immediate action is necessary and, in case of a breach of contract on part of this manpower, the transfer to a correction camp is to be ordered, as a rule. In cases of severe repetition the transfer to a concentration camp can also be requested. In the cases of breach of contracts handled by the state police, the arbitrator has to be informed each time about the decision.
IV. Criminal violations.
(1) The inquiry proceedings of all criminal violations committed by the named manpower are to be submitted by the local police offices, rural police offices resp. criminal police offices, after conclusion of the inquiries, to the state police administration offices.
(2) The county police offices have received instructions accordingly. The intervention of the state police administration offices serves the purpose to give them a clear view of the crimes of the Eastern workers in their districts and, besides, to punish especially objectionable criminal acts by state police measures.
(3) The criminal violations are to be punished as follows:
Crimes against decency, acts of violence, and acts of sabotage
are to be punished fundamentally by state police measures (special treatment) ; however, I have no objection against a transfer of the inquiry proceedings to the competent public prosecutor if, according to the penal laws, one can safely count on the death
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sentence against the perpetrator. In these cases the result of the trial is to be ascertained; should a death sentence not be passed, against expectations, a report has to be made to me attaching a copy of the sentence.
Inquiry proceedings resulting from other acts are, as a rule, to be transferred to the competent public prosecutor. If a strong increase of crimes is noted in certain spheres, then there are no objections at all to punish purely criminal acts, as a deterrent example, by state police measures.
V. Searching for fugitive workers.
As far as the proceedings for searching for fugitive persons are concerned, the directives valid for Polish civil workers are to be applied in the same sense.
VI. Sexual intercourse with Germans.
(1) The sexual intercourse of the manpower from the Baltic states as well as of the foreign manpower of nonPolish origin from the Government General and from the annexed Eastern territories with Germans is punishable by severest penalties (Changed by circular decree dated 23 October 1943). The workers will be instructed thoroughly by using the attached orientation sheet (enclo. 3) and foreign languages text when reporting at the local police offices. An instruction of the German population will be effected through the party administration offices.
(2) The county police offices have received instructions to arrest without delay workers who violate this regulation and to report them to the competent state police administration office.
(3) For male manpower who had sexual intercourse with German, special treatment is to be requested, for female manpower, transfer into a concentration camp. The directives issued for the special treatment of Polish civil workers are valid correspondingly; this is also applicable for the treatment of the involved German persons.
VTI. Handling by the Reich main office.
Requests, reports and inquiries resulting from the treatment, according to the existing directives, of the manpower from the Baltic states as well as of the foreign manpower of nonPolish origin from the Government General and the annexed Eastern territories, (changed by circular decree dating 7 December 1942, section VII) of the Reich security main office, competent for the handling of these persons.
C. Manpower of Polish nationality from the Government General and the annexed Eastern territories.
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The valid regulation for manpower of Polish nationality are listed in enclosure 1 under C. When Polish civil workers commit punishable acts, and if the state police office is to act after submittal of the inquiry proceedings, the directives issued under B IV of this decree are to be applied. .
Now as before, the section IV D 2 in the Reich security main office is competent for the treatment of civil workers of Polish nationality. To the inspectors of the security police, the districts of the security police in Prague, all state police administration offices, criminal police administration offices, security service (main), offices.
For information :
To the higher SS and police officers, districts of security police, commandant of the security police in the Government General.
—Not published—