This is plain murder just as in the concentration camps. This measure uniformly emanates from the SS in Berlin. The institutions dare not inform the authorities. Inquire at once at Rottenmuenster Schassenried, Winzortal, all in Wurttemberg. Have the lists of two months ago submitted to you, check upon the inmates who are there now and ask where the missing persons went to. For seven years now this gang of murderers defiles the German name. If my son is murdered, woe. I shall take care that these crimes will be published in all foreign newspapers. The SS may deny it as they always do. I shall demand prosecution by the public prosecutor.
"I cannot give my name nor the institution where my son is, otherwise I, too, won't live much longer.
Heil Hitler Oberreigierungsrat" -- which means a higher Government official -- "N. At the same time I write to Hitler.
(penciled note) To States Secretary Freisler with the request to collect such letters. 10 July 1940."
I want to turn non to Document 626-.PS. Your Honor, that is on Page 7 of the English Document Book. I want to point out that Document 626 -- no. I am sorry. This is on Page -- I am sorry. It is on Page 8 of the Document Book Document 626-PS is identical with Document NO-829, but by mistake was only partly included in the Document Book; therefore, I am prepared to read 626-PS and I am not going to introduce Document 829. Document 626-PS will be Prosecution Exhibit 381.
"The Prosecutor - general, Stuttgart, August 1, 1940. To the Minister of Justice of the Reich, Berlin W 8, Wilhelmetr. 65. Reference: Information about unnatural death of inmates in asylums." In brackets: "Grafeneck case. Enclosed: 2 copies.
"In addition to my resort of the 15.7.1940, and after my reception by Secretary of State Dr. Freisler on the 30.7.1940, I send you herewith copies of an excerpt from a letter addressed to the President of the Special Court in Stuttgart, as well as of a private note sent to me. Both letters confirm the fact that the mysterious events which took place in some medical establishments brought about a strong agitation among large groups of people and that church circles particularly meddle with the matter.
If it were to be confirmed that men wounded in the World War as well as private patients, to whom their relatives had still kept a faithful attachment, had been submitted to such a measure, I fear there would ensue from it very serious consequences and an unbearable position for the judicial authorities, unless the matter is very seen and clearly settled by legal provisions. Moreover, it ought to be considered that the matter could be taken up by enemy propaganda. Further on Grafeneck, which is a remote establishment without communal character, possesses an own registrar's office (and apparently a special crematorium, too) and the numerous and stereotyped dead certificates delivered there as well as in some other establishments in Saxony, Brandenburg and Austria -- from 60 to 70 since Pay 1940 only have been received by the probate court and court for the protection of ward in Stuttgart -- struck the authorities of the voluntary jurisdiction.
"There I apply for instructions as to how I have to tackle those present and possibly future information cases.
By order Signed Holzhaner."
I want to introduce as the next document Document 830 on Page 4. This will be prosecution Exhibit 382, your Honors. "Copy.
"For several weeks now there are rumors in the localities around Grafeneck that everything could n t be all right in the castle. The Home for Aged People Castle Grafeneck there has been dissolved, and now the wide area surrounding the entire complex is isolated by the SS. Only now and then buss with sick persons can be seen arriving. They are said to be patients from the Mental Institutions Zwiefalten and from similar institutions who are brought to the Castle, who were never seen again, and whom one is not permitted to vi? either. A frequently ascending smoke arouses suspicion. At first the population supposed that it was a question of the patients being used as test subjects for poison gas or that experiments concerning the healing of persons poisoned with gas were supposed to be executed.
Allegedly, only such patients are used who no longer have any relatives whatsoever and who have only a very short time to live anymore, anyhow. I heard this about four weeks ago. In the meantime, I still learned the followings:
--"
I am refraining from reading about the several cases which are lested here and only want to point out the date, 25 July 1940.
The next document is on Page 10 of the Document Book, your Honors, NO-839, which will be Prosecution Exhibit 383. In brackets: Arrived on 8 December from Chief Prosecutor at Zwickau, and I read this short paragraph on the first page of the document;
"On 11 November 1940 trial came up before the 10th Criminal Divisional Court of the Landgericht Zwickau against the worker Bruno Has of Zwickau with the purpose to confine him to a mental institution. Some days before the session I discussed the affair with the president of the 10th Criminal Divisional Court, director of Landgericht Dr. Pfinke. On this occasion I told him confidentially that Regierungssanitaetsrat Dr. Balendoerfer of the State dental Institution in Unterpoeltpach mentioned in a previous discussion with the same topic of confining a defendant that in checking the question whether a person should be confined, the viewpoint of euthanasia as performed today, has also to be considered. Dr. Pfinke who was very astonished about t is information then had talked to a professor of an institution of this place. Dr. Pfinke also told me the name but I cannot recollect it today. He told him that he had the greatest remorses: he had been ordered to dispatch some children who were feebleminded but otherwise fit for life, who had been hospitalized in his institution. He did not know where the children went to Sometime later he would be informed that they had died. He had scruples to make other children transports because he did not know if he was not going to be guilty of aiding and abetting murder. Dr. Pfinke thought that this it had to be assumed that euthanasia was actually performed; he expressed the opinion that this fact could not possibly be without influence upon the criminal court when examining the question, whether a person is to be confined or not.
Dr. Pfinke asked me to inform the chief public prosecutor confidentially about his report. This I did immediately."
I am skipping the last paragraph and quote only the date: "Zwickau, 5 December 1940. (Signature): illegible. Prosecutor."
The next document I offer into evidence is Document 622-PS on page No. 12 of the Document Book, Prosecution Exhibit 384: "The Advocate General, Naumburg, 13 September 1940, Secret Reich matter. To Reich Minister of Justice. Attention Herr Staatssekreta or Dr. Freisler.
Subject: The death of persons committed to sanitoriums.
"On the basis cf this order given to me on the occasion of my verbal report on 10 September 1940, I report:
"In the middle of June 1940 the Brandenburg on Havel Land-sanatorium informed the Naumburg prosecuting authority as executory authority of a number of cases in which persons who were committed to a sanitorium according to paragraph b2 of the Reich criminal code had died in the said institution. In three cases it concerned persons who had been sentenced to jail, and being not of entirely sound mind, were also committed to an institution; in two cases they were persons of no sound mind against whom the sentence pronounced only the commitment to an institution. There was a further case in which a person while serving his jail sentence had become insane and thereupon was transferred to an institution. In one case "acute Nephritis" was reported as the cause for death; in another case it was "heart failure"; in the remaining cases a more detailed report was lacking.
"The multitude of the cases, but especially the circumstance that always the same date, that is, 14 June 1940, was given as the day of death, appeared strange to the Attorney-General in Naumburg, particularly as a cause for death had been given in at least two cases which would not permit the assumption of mass death resulting from catastrophic, events, as for example fire and explosion or similar accidents. The Attorney-General therefor felt induced to notify me or the circumstances."
I am now turning to page 15 and want only to read from the middle of the page -- point 6:
"1 Js. 2120/20. The Russian laborer Josef Carasimowit of Neumarkt, born 14 May 1892 in Etminzy, district of Wilna, was sentenced to death for murder, by the court of assizes at Naumburg (8) on 13 December 1921. The death sentence was commuted to life imprisonment by an act of grace. When Gerasimowitz became insane the Prussian Minister of Justice ordered his transfer to a sanatorium according to a decree of 7 September 1923. On 15 September 1923 Gerasimowitz was transferred to the Nietleben sanatorium. The AttorneyGeneral at Naumburg was notified by the sanatorium at various times, for instance on 28 August 1932, on 7 October 1931 and on 7 October 1933 that a cure for the patient would be impossible.
"On 15 June 1960 the Brandenburg a.H. Land-sanatorium reported that the patient, who only a short time previously had been transferred to Brandenburg a.H. for administrative reasons, has died there of heart failure on 14 June 1960."
The next document will be No. NO-836, on page 17 of the Document Book, which will be Prosecution's Exhibit No.385. I only want to road the first lines:
"The Attorney General, Stuttgart S, 12 October 1960. To the Reich Minister of Justice. Subject: Unnatural death of inmates of mental institutions with reference to the personal report of Chief Public Prosecutor (Oberstaatsanwelt) HOLZHAEURER to State Secretary Dr. FREISLER."
This is a similar report to those which have been read into the record. A similar report is No. 618-PS, on page 20 of the Document Book, and which will be Exhibit No. 386:
"The Prosecutor General. To the Reich Minister of Justice.
"I report further in the matter regarding the eliminating of unfit life:
The next document is on page 26 of the Document Book No. 626-PS, and which will be Prosecution's Exhibit 387. It is from the:
"Directorate of the County Asylum Waldheim (Sax.). To: The Minister of tho Interior for Saxony.
"I forward to you herewith requests from the offices of the Attorneys General for Chemnitz and Dresden respectively, and beg you to answer them, as we cannot handle these requests.
"The shoemaker Arthur Willy Erler (born 22/8/04 was sent to our asylum on 30/7/39, after having served his sentence at the Waldheim prison. He is a blind man and a dangerous habitual criminal, who was ordered to be kept in security detention and placed in an asylum. Except for his criminal disposition, E. had no mental disease; he was sent to this asylum because, apparently, the police wanted to get rid of the blind man. I submitted a request to the ministry to have E. placed insecurity detention. However no decision was taken concerning this request, because E. was transferred with a collective transport of patients of the Charitable Patient Transport Corps.
"The dentist Dr. Hermann Wirsing (born 15/8/83) was sent here from the Dresden jail on 15/4/40 according to article 42 b of the penal code; he was transferred out again the following day (on 16/4/40) with a collective transport of patients of the Charitable Patient Transport Corp. He is a psychopath and a chronic morphia addict. His relatives have inquired a great many times by letter or telephone about his transfer and his present whereabouts.
"For the director of the asylum: on behalf of:"
The next document is Document No., NO-838, on page 28 of the Document Book and it will be Prosecution's Exhibit No. 388. It is from the Chief Prosecutor, Chemnitz, and is dated 3 December 1940, and it is to the Attorney General or official Deputy. The subject is:
"Report on Irregularities in the Mental Institution Waldheim and in other similar establishments."
I want only to read a short paragraph -- the forth one down:
"In the case of Gebsattel the criminal court was preparing a retrial after the time the condemned person had already been transferred and had died."
I turn now to page 31 of the Document Book. Document No. NO-844, which will be Prosecution's Exhibit No. 389.
"DER OBERLANDESGERICHTSPRASIDENT";
Which means the president of a higher court.
"Frankfurt, 16 May 1941. To the Minister of Justice. Top secret.
"Subject: Report on the general situation in the area of Oberlandesgericht (Main District Court) Frankfurt/Main (Ordinance of 9 December 1936.
"Enclosures: 2 further copies of the report.
"I believe that I should amplify my situation report of the 3rd inst, as to the attitude of the population with regard to the extermination of life unfit to live.
"In places where there are mental institutions, and in their vicinity, sometimes, however, even in whole districts like for instance in the Rheingau constant talk is going on regarding the question of extermination of life unfit to live. The vehicles which transport the patients from their institutions to transient stations and from there to extermination stations arc known to toe populace. I am told that even children call out when such transport cars pass. There are some more to be gassed. It is said that on the way from Weilmuenster to Hadamar daily 1 to 3 large busses pass through Limburg with covered windows which bring the inmates to the extermination institution Hadamar. The story goes that the arrivals are at once entirely undressed, paper shirts are put on them, and they are then taken into a gas chamber where they are liquidated with prussic acid and an additional narcotic gas. The bodies are said to be taken on a conveyer belt right into a cremation room, six at a time into one oven; the ashes are distributed into 6 urns and sent to the relatives. Every day one can see the thick smoke from the cremation hall over Hadamar. There is further talk that in some cases the heads or other parts of the bodies are cut off in order to have them anatomically examined.
"The personnel engaged in the liquidation in these institutions which has been brought in from other places, is absolutely shunned by the populace.
The personnel sits in inns evenings and imbibes strongly in alcohol.
"Apart from the outward appearance, which occupies the phantasy of the populace, the population is uneasy especially as regards the question whether old people, who have accomplished things in life and now, in their old ago, have become feeble-minded, are also to be liquidated. There are rumors that homos for the aged are also to be evacuated. It is said that the population is waiting for a legal regulation giving a definite procedure so as to ensure that such old people who have become feeble-minded shall not be included in this action.
"It is also maintained that patients who were kept in private homes are to be betched and done away with. Further more it is believed that patients, who have done useful work all along in the institutions and whose mental life has definitely not died down completely, are also being liquidated.
"Above I have merely repeated rumors which are current among the population, even in as big a city as Frankfurt, according to information I have received. I am not in a position to check this information.
"Finally I would like to point out the following: In a Gau Press Conference in Frankfurt, on 30 April 1941, the Gau Press Office Chief, UNTERMANN, drew the attention of the chief editors to the fact that obituaries had lately been noted in the daily press of the district which in future will no longer be allowed to be printed; for instance:
"a) Deceased, according to information from the mental institution...
"b) As already expected we were informed that ......
"c) After a long period of uncertainty.....
"Incidentally the Chief of the Gau Press Office explained in a closing remark that in wartime an increase in deaths due to illness is natural, and thus also, of course, an increase on deaths in mental institutions.
"(signed) UNGEWITTER.
"For file not MIEIKE "The State Secretary asks for approximately the following letter to BOUHLER:
"In addition to the reports which the....submit regarding the situation in their districts, they also mention the rumors which disturb the population. Will you please inform me whether you are interested in being informed regarding such rumors which have been indicated to me as such. I shall then permit myself to submit to you the contents of such reports.
"(signed) illegible."
The next document is on page 34 of the Document Book, and is No. NO-845, and which will be Prosecution's Exhibit No. 390.
THE PRESIDENT: Your Exhibit No. 389 which is dated 16 May 1941 -
MR. HOCHWALD: Just a minute, I want to check? 16 May 1941 -- it may be seen from the note, 17 May 1941.
THE PRESIDENT: Very well, proceed.
HR. HOCHWALD: The next document, is on page 34, No. NO-845, which will be Prosecution's Exhibit No. 390. I want to submit this without reading it. It is a letter from the Attorney General, Koeln, dated 20 October 1941, and it is to the Reich Minister of Justice and the subject is: Extirpation of life unfit to live. This is a similar report to the previous one?
The next document is on Page 37 of the Document Book, No. NO-001, and which will be Prosecution's Exhibit No. 391. It is dated:
"Mauren, 25 November 1940.
"Dear Frau Buch!
"It probably is the simplest way for me to direct this letter to you with the request to forward it to your husband or to hand it to him when he returns home of you think it better. Doris wrote us some time ago that he is in Poland.
"The problem which brings me to you today is not a personal matter but it concerns all of us and it would seem to me to be the hardest of all those which we have had to tackle so far. Until new nothing could shake my confidence in the successful overcoming of all difficulties and dangers which the "Greater Germany" is meeting on its way, and with my faith in the Fuehrer. I have unswervingly fought my way through thick and thin; but that which looms up before us new simply takes the ground from under our feet as a young 100% party member, a co-worker in the office for racial policy, said to me yesterday.
"Undoubtedly you know about the measures presently used by us to dispose of incurable insane persons; still, perhaps you do not fully realize the manner and the scope of this, nor the horror it creates in people's minds. Here, in Wuerttemberg, the tragedy takes place in Grafeneck, on the Alb, as a result of which the name of that place has taken on a most ominous meaning. In the beginning one instinctively refused to believe the tale, or in case consider the rumors extremely exaggerated. On the occasion of our last business meeting at the Gau School, in Stuttgart, about the middle of October, I was still informed by a 'well informed' person that this involved only idiots, strictly speaking, and that application of 'Euthanasia' applied only to cases which have been thoroughly tested. It is entirely impossible now to make anybody believe the aversion and individual cases established with absolute certainty spring up like mushrooms. One might deduct perhaps 20% but even if one tried to deduct 50% this would not help. The terrible and danger us part is not so much the fact in itself; if a law had been created on the order of the sterilization law which subjects certain categories of sick people to the most thorough examination by experts, patients in whom there is no Longer left even a spark of recollection or of human feeling then, I am convinced, feelings would clam down after the initial indignation and people might have become reconciled with it, perhaps quicker than with the sterilization law.
Perhaps after a few years one might not oven have understood any more why this merciful law had not been introduced long before? But considering how matters are new being handled, tho effects arc truly unfathomable from every point of view. Opinions may vary on how far men can arrogate to themselves the right to decide on the life or death of their fellowmen; but one thing should be stare anyhow: This right must be strictly established by law, and it must be administered with utmost conscientiousness or else doors will be opened wide to the most dangerous passions and to crime. It was a well established practice, for instance, to get rid of embarrassing relatives by declaring them insane and lodging them in insane asylums.
"I am of the opinion that then tho people have the right to know about the law the same as they know of tho sterilization law. The most awful thing in tho present case is the 'public secret' which creates a feeling of terrible unsafety. It could not possibly be expected to guard tho secret indefinitely even though he who gives it away becomes liable to capital punishment, as is said to be the case in this instance? It was equally unheard of to expect people to believe in the mysterious 'epidemics' to which the relative was said to have succumbed; a mistake which never can be made good again.
Those who are responsible for these measures, do they have no concept of the measure of confidence they have thereby destroyed? Everybody must at once ask: What then can still be believed? Where is this path taking us and where should the boundary line be established? It is not that only hopeless idiots and mentally deranged persons were affected but, as it seems, all mentally incurables will gradually be included, also epileptics whose mind is not at all affected. Frequently there are among them persons who still take some part in life, who accomplish their modest measure of work, who are in contact with their relatives by mail, persons who, when the grey motor car of the SS rolls up, know where they are to be taken. And the farmers on tho Alb when they see these cars pass know also where they are going, and day and night they seen the smoke from the crematory. We also know that among the mental incurables there are many persons of highest intellect, those who are deranged in part only, and those who are deranged periodically only and who for periods in between have a perfectly clear mind, with enhanced mental energies.
Was it not enough to sterilize them, and is it not horrible to think that above all those the sword, of Damocles at Grafeneck is suspended?
"While I am writing down all this, I am again so overwhelmed by the ghastliness of those things that I feel I am having a bad dream from which I must awake again'. And to think that just now women are to come forward for a huge campaign! And what is the canvas material for the Catholic Church!
"Now the people still cling to the hope that tho Fuehrer does not know about these things; that ha could not know, otherwise he would have to take action against it; that in no case does ho know about the manner and extent of these things which take place. I feel, however, it must not go on that way much longer or this confidence will be shattered also. It still is so moving to come across this confidence just among tho simple people. !Of course, the Fuehrer does not know of it!; and this weapon we must keep shining as nothing else! We cannot do this, however, by trying to throw dust into people's eyes, as long as possible to quiet them with subterfuges and hushing up when they ask us, with excuses which we do not believe ourselves. I am also convinced that we will pay bitterly for this attempt to stultify the people's sound fooling of resistance against these happenings and to silence it; it is the feeling of right and justice without which people invariabley goes astray. Again, one must not permit the wave of indignation to become so strong that it breaks an open path for itself by force or that it, which would be worse still, begins to consume us from inward out. The matter must be brought to the Fuehrer's ears before it is too late; and there must be a way by which tho voice of the German people can reach the ear of its Fuehrer!
"Much could still be added on this subject; but I believe I have said what is essential; and I do not want to abandon tho hope that the unified strength of those who recognize the danger clearly and who muster the necessary courage will help us to find the way out of this labyrinth. I do hope that you and your family are well and particularly that you are receiving good news from your sons on the front and that despite all you are all looking forward to a merry Christmas in wartime.
I still have my daughter with her two children here. Probably she will be here throughout the war, that is, as long as we still can live in the castle. Much to our regret we had to decide to rent it to the Women's Labor Service last spring; otherwise we would not have been able to hold the farm financially. We hope soon to build a small house in the garden where we can got along with one maid. The question only is where we are going to be until that little house is finished? At the end of the week my daughterin-law, and English woman by birth, will also come with her little child because they cannot find an apartment in Chemnitz. Thus, before vacating the castle, it at least will once more be fully utilized.
"With kindest regards to your husband also and Heil Hitler! your (signed) Else von Loewind." The name is "Loewiss"; this is a printing mistake in the translation.
THE PRESIDENT: The Tribunal will now recess for a few moments.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
DR. HOCHWALD: May it please the Tribunal, the last document read was No. 001. I come now to document No. 002 on page 43 of the Document Book, which will be exhibit No. 392. I do not read the first two pages which are a letter of transmittal of Document No. 001 from Buch to Himmler. I will read only the one page which is the answer from Himmler to Buch, who was the highest Party judge in Germany:
"19 December 1940.
To: The Chief of Counsel of the NSDAP Party Member Walter Buch Munich 33.
Dear Party Colleague Buch.
Hearty thanks for your letter of 7 December 1940. The proceedings in the place in question - I may inform you confidentially are carried on by a commission of physicians in virtue of an authorization of the Fuehrer. The selection is carried out as conscientiously and justly as is humanly possible not by an isolated individual but by a commission of which every member first gives his decision independently.
"The SS only helps with vehicles, motor cars, etc. It is the doctors, experts conscious of their responsibility, who give the orders.
"I agree with you on one point. If the matter has become so public as you say, the process must be faulty. On the other hand, it is clear that is is always a difficult process. I shall immediately contact the competent headquarters and bring the defects to their notice and advise them to drop Grafeneck.
"Of course Frau von Loewis will not be implicated in this affair.
"When we meet again, I shall give you some more detailed information verbally so that you can inform Frau von Loewis more accurately should you have the opportunity.
"Cordial greetings, Heil Hitler! Yours (signature illegible)" The next document is No. 832, page 46 of the Document Book, which will be exhibit 393.
"Reich Minister of Justice Berlin, 24 July 1940 To the Reich Minister and Chief of Reich Chancellery, Dr. Lammers:
"Esteemed colleague Lammers:
"On the basis of our discussion of yesterday I transmit to you the desired copies.
"As you informed me yesterday the Fuehrer refused to issue a law. Consequently, I presume, the necessity arises to discontinue immediately the secret extermination of insame persons. The recent procedure became publicized so rapidly and widely not least by the attempted camouflage. From the enclosures you can decide for yourself how embarrassing a situation can be created and yet the number of such inquiries will increase.
"It is extraordinarily difficult to reply officially, reference, for neither to the fact not to the content of a Fuehrer order can be made. It is impossible for our authorities to pretend that the Reich Justice Administration knows nothing of the matter.
"I may assume that you, esteemed colleague Lammers, advised the offices concerned of the desire of the Fuehrer and I ask you urgently to inform me of the results of such steps.
Heil Hitler!
respectfully yours, (Signature) Gtr."
for Guertner.
"The next document is No. 833 on page 48 of the Document Book, which will be Exhibit 394.
"Reich Ministry of Justice Under Secretary Dr. Schlegelberger Berlin, 27 July 1940 (stamped) Top Secret "My dear Mr. Reichsleiter:
"The Reichsminister and Chief of the Reich Chancery has stated that he has gotten in touch with you again in the affair of killing persons unfit to live.
According to the special wish of the Reich Minister Dr. Fuertner, who has left Berlin today for a brief period, I have the honor to send you the copy of his letter addressed to Reich Minister Dr. Lammers, of the 24th inst. together with the attached enclosures for your information.
Heil Hitler!
Your very obedient (signed) Dr. Schlegelberger To The Chief of the Chancery of the Fuehrer of the NSDAP Mr. Reichsleiter Bouhler."
The next document is on page 49, 621-PS, Exhibit 395.
"Letter from Dr. Lammers to the Minister of Justice on the Deaths of Nursing Home Inmates.
The Reichsminister and Chief of the Reich Chancellery, Berlin, 2 October 1940.
SECRET REICH MATTER To the Reichsminister of Justice Mr. Guertner Dear Mr. Guertner!I herewith acknowledge your letters of 26 August and 25 September forwarding to me further material about the death of inmates of nursing homes.
I forwarded the enclosed reports of the Chief Prosecutors of Stuttgart and Naumburg to the Reichsminister of the Interior - Reichs Health Leader - for further action.
Heil Hitler!
Sincerely yours (signed) Dr. Lammers" The next document is 620-PS on page 50 of the Document Book, Prosecution Exhibit 396.
"The Reich Minister and Chief of the Reich Chancellery, Berlin, 9 October 1940.
Secret "To the Reich Minister of Justice Herrn Dr. Guertner Dear Dr. Guertner, The additional material, which you sent me with your letter of 3 October 1940 concerning the deaths of inmates of mental institutions, I forwarded to the Reich Minister of the Interior Reich Chief for Public Health (Reichsgesundheitsfuehrer) - for the purpose of further decision.
signature: Dr. Lammers" The next document is 681-PS, Prosecution Exhibit 397.
"The Reich Minister of Justice, Berlin, 4 March 1941.
To the Reich Minister and Head of the Reich Chancellery Berlin Top Government Secret.
Re: Extermination of worthless lives Appendix to letters of 24-7, 20-8, 25-9, 2 and 5-10-1940 Enclosures:
4 booklets "Sir, The doubts expressed in your letter of 25 July 1940 to Reich Leader Bouhler induce me to forward you the material I have received during the past months, on the question of exterminating useless persons, in the form of petitions, reports and memoranda.
This is in compliance with an order of the late Reich Minister of Justice Dr. Guertner. Although the taking of measures against persons not fit for life does not come directly within my sphere, I consider it ay duty nevertheless, to direct your attention to the fact, that these matters are indirectly connected with many branches of the Reich Administration of Justice and undermine the security of their work. The following branches are those chiefly involved:
"In matters concerning guardianship disagreements have been caused by the fact that judges have opposed the transfer of lunatics from one asylum to another when they were under the care of a guardian or trustee, In many cases the courts did not receive any official information, either concerning whereabouts of insane wards or announcing their deaths, although the personal affairs and questions concerning property which arise from guardianship and trusteeship as also the intercourse between guardian and ward, and current personal inquiries by relations, make it necessary for the authorities to be kept permanently informed of the whereabouts and further fae of wards. Since guardianship and trusteeship comes to an end with the death of the ward, the courts often lack a clear perception of the situation to determine whether or not the guardian or trustee who has been appointed is still needed. The uncertainty of the fate of the wards impedes the legal settlement of property matters in the courts for the protection of wards. Frequently the courts are approached by guardians or relatives and asked for information as to the whereabouts of wards, but, in spite of all their endeavours, they find themselves unable to give adequate information to such inquirers.
"While many judges have a suspician of the measures wards have been subjected to, they are justly hesitant in passing on their misgivings to the inquirers, as no official directions have been given with regard to this. On the other hand, it is incompatible with their duty to give incorrect or evasive information. In the same way numerous doubts have arisen in the sphere of the Probate Courts, for instance on the question of granting inheritances certificates. The enclosed booklet I, to which I beg to refer, gives information about these difficulties as far as they refer to voluntary jurisdiction.
"In criminal jurisdiction likewise embarrassing positions have arisen. Proceedings have been instituted and carried out although the defendants were already deceased owing to the fact that the prosecuting authorities were never informed of the proper status. Prosecutions and retrials could not be concluded, since both delinquents and witnesses had "died" in the meantime. It repeatedly happened, that condemned persons, living in a sanatorium or asylum, escaped the notice of the prosecuting authorities, because they were removed from the asylums without a hearing and were subsequently liquidated. This proved especially embarrassing, if the court had to decide on a prolongation of the detention of the perpetrator according to article 42 of STGB. The funddamental principles of penal procedure were seriously affected in as much as expert physicians declared that in all good conscience they could no longer give a diagnosis in dubious cases of the increased insanity of accused persons, in order to establish a basis for their confinement in a sanatorium or asylum because such confinement, in its result, was equivalent to the execution of a death sentence without a previous trial in court. Difficulties also arise for the prosecuting authorities in so far as relatives or third persons file actions for murder on persons who have disappeared. An attorney general intends to question now as defendant an official doctor, who compiled the medical report of a "deceased" person, and to investigate the correctness of his report. For details with regard to the difficulties which are being encountered by the criminal jurisdiction, I beg to refer to the enclosed booklet II.
"Considerable misgiving arise for the judicial authorities in the carrying out of proceedings based on the law against malicious attacks on the state and party, in so far as the declarations of the accused refer to the killing of persons not fit to live. Due to the fact that measures taken for liquidation are kept secret, various rumors are in circulation among the population, and are being stirred up and exaggerated beyond measure by antistate elements. The secrecy and general uncertainty with regard to the extent of the measures taken, make a fertile soil for the circulation of such rumors, that also mentally normal inmates or penitentiaries, and even disabled war veterans and aged citizens incapable of working, as well as politically undesirable persons are subject to those measures. To take proceedings for malicious action in the spreading of such statements, seems particularly series even if done in closed sessions, because the light thrown on the individual characteristics of the case would disclose the entire problem of the extermination of worthless lives. On the other hand unscrupulous insti-a gators will evade just punishment thereby. For details I refer to the enclosed booklet III.
"From the reports which have been submitted to me, and the numerous petitions and applications addressed to me, I gather, that a vast part of the population throughout the Reich is deeply troubled by these measures. The cause of this anxiety is not so much the fact chat human beings unfit for life are being mercifully put to death, but rather the fact that these measures arc kept secret, and, as the people thinks, in its ignorance of the decree on which they are based, are deprived of legal foundation. This gives birth to the fear that decisions might be taken, which are not fully justified. The confidence in the German medical profession, especially in the administrations of sanatoria and asylums, is being badly shaken. Views are expressed, that such cases of death may be traced back to medical errors, and that mental patients are being used for military experiments, i.e. for the testing of poison gas and other means of warfare.