TOP SECRET
Qu. (Admin 2)
Further to 79/44 top secret
[pencil note] Previous reference—terrorists—182.
O.U., 13 September 1944
1 copy
Subject: criminal acts by non-German civilians in the occupied territories against the security or war-preparedness of the occupying power.
Memorandum
I participated in the discussion on the 9.9 for the purpose of gaining information. After it had been ascertained that the "Nacht und Nebel" (night and fog) decree had become superfluous as a result of the terror and sabotage decree the Wehrmacht Legal Dept, presented the attached draft No. 009169/44 top secret—Wehrmacht Legal Dept. (1/3) No. 79/44 top secret —of September 1944 for discussion. There were no important differences of opinion. More technical questions regarding practical application were discussed immediately afterwards by the people directly concerned.
According to the letter of the Reichsfuehrer SS, it is a question of approximately 24,000 non-German civilians who are detained or under arrest and whose speediest transfer to the SD he demands. The question that came up during the discussion as to why this transfer to the SD had become necessary at the present time, although no inconsiderable administrative work was involved, remained unanswered.
It was agreed that paragraph I of the draft decree refers also to those prisoners who have been turned over to the civil courts.
As OKW does not set any great store by passing sentence on the trifles still remaining for the military courts, it has been left for local agreement to deal with them by decree.
The representative of the Foreign Office pointed out that members of neutral countries also had been "vernebelt" (turned into fog) by mistake or intentionally (i.e. as accomplices) who, according to the basic decree, should not have been "vernebelt". The question as to what is to be done with the foreigners, and what information is to be given to the neutral countries can, as was stated by the representative of the SD, only be answered in each individual case according to the state of affairs existing at the time; the Foreign Office's objections have thus not been entirely removed. (signed) Westerkamp
[pencil note]
returned to Qu.2
25.9 (Admin.2)
228
Memorandum on a meeting about the transfer of prisoners to the SD under Hitler's terror decree, and the status of prisoners from neutral countries who had been held under the Night and Fog program
Authors
Westerkamp (at meeting on prisoners (Sept 1944))
Westerkamp
- Additional details not yet available.
Date: 13 September 1944
Literal Title: Subject: criminal acts by non-German civilians in the occupied territories against the security or war-preparedness of the occupying power.
Defendant: Wilhelm Keitel
Total Pages: 1
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: D-767
HLSL Item No.: 452098
Notes:For Hitler's decree, see document D 762. The memo states that Himmler was demanding the transfer of 24,000 civilian prisoners.