THE PRESIDENT: We will adjourn now for ten minutes.
[_A recess was taken._]
THE PRESIDENT: Do any of the defendants’ counsel want to ask any
questions of this witness?
DR. KAUFFMANN: Are you a specialist in research concerning the
manufacture of vaccines?
BALACHOWSKY: Yes, I am a specialist in matters of research.
DR. KAUFFMANN: According to your opinion, was there any sense in the
treatment to which these people were subjected?
BALACHOWSKY: It had no scientific significance; it only had a practical
purpose. It permitted the verification of the efficacy of certain
products.
DR. KAUFFMANN: You must have your own opinion, as you were in contact
with these men. Did you really see these people?
BALACHOWSKY: I saw these people at very close hand, since in Block 50 I
was in charge of a part of this manufacture of vaccine. Consequently, I
was quite able to realize what kind of experiments were being made in
Block 46 and the reasons for these experiments. Further, I also realized
the almost complete inefficiency of the SS doctors and how easy it was
for us to sabotage the vaccine for the German Army.
DR. KAUFFMANN: Now, these people must have gone through much misery and
suffering before they died.
BALACHOWSKY: These people certainly suffered terribly, especially in the
case of certain experiments.
DR. KAUFFMANN: Can you certify that through your own experience, or is
that just hearsay?
BALACHOWSKY: I saw in Block 50 photographs taken in Block 46 of
phosphorus burns, and it was not necessary to be a specialist to realize
what these patients, whose flesh was burned to the bone, must have
suffered.
DR. KAUFFMANN: Then, your conscience certainly revolted at these things.
BALACHOWSKY: Absolutely.
DR. KAUFFMANN: Well then, I would like to ask you, how your conscience
allowed you to obey orders to help these people in some way?
BALACHOWSKY: That is quite simple. When I arrived at Buchenwald as a
deportee, I did not hide my qualifications. I simply specified that I
was a “laborant”—that is a man who is trained in laboratory work, but
who has no special definite qualification. I was sent to Dora, where the
SS regime made me lose 30 kilos in weight in two months. I became
anaemic . . .
DR. KAUFFMANN: Witness, I am just concerned with Buchenwald. I do not
wish to know anything about Dora. I ask you . . .
BALACHOWSKY: It was the prisoners at Buchenwald who, by their
connections within the camp, were the cause of my return to the
Buchenwald Camp. It was M. Julien Cain, a Frenchman, the Director of the
French National Library, who called my presence to the attention of a
German political prisoner, Walter Kummelschein, who was a secretary in
Block 50. He drew attention to my presence without my knowing it and
without my having spoken in Dora of being a French specialist. That is
the reason why the SS called me back from Dora to work in Block 50.
DR. KAUFFMANN: Please pardon the interruption. We do not wish to
elaborate too much on these matters. I believe everything that you have
just said is true—the reason why you were sent to Dora and why you were
sent back to Buchenwald—but my point is a completely different one. I
would like to ask you once more: You knew that these men were
practically martyrs. Is that correct? Please answer yes or no.
BALACHOWSKY: I will answer the question. When I arrived at Block 50 I
knew nothing, either of the Block 50 or of the experiments. It was only
later when I was in Block 50, that little by little, and through the
acquaintances I was able to make in the block, I found out the details
of the experiments.
DR. KAUFFMANN: Very well. And after you had learned about the details of
the experiments, as you were a doctor, did you not feel great pity for
these poor creatures?
BALACHOWSKY: My pity was very great, but it was not a question of having
pity or not; one had to carry out to the letter the orders that were
given, or be killed.
DR. KAUFFMANN: Very well. Then you are stating that if in any way you
had not followed the orders that you had received you might have been
killed? Is that right?
BALACHOWSKY: There is no doubt about that. On the other hand, my work
consisted in manufacturing vaccine, and neither I nor any other
prisoners in Block 50 could ever enter Block 46 and actually witness
experiments. We knew what went on concerning the experiments only
through the index cards which were sent from Block 46 to be officially
registered in Block 50.
DR. KAUFFMANN: Very well, but I do not think it makes any difference to
one’s conscience whether one sees suffering with one’s own eyes, or
whether one has direct knowledge that in the same camp people are being
murdered in such a way. Now, I come to another question.
THE PRESIDENT: Was that a question you were putting there? Will you
confine yourself to questions.
BALACHOWSKY: I beg your pardon. I should like to answer the last
question.
DR. KAUFFMANN: That was not a question. I will put another question now.
BALACHOWSKY: I should like to reply to this remark then.
DR. KAUFFMANN: I am not interested in your answer.
BALACHOWSKY: I am anxious to give it.
THE PRESIDENT: Answer the question, please.
BALACHOWSKY: Suffering was everywhere in the camps, and not only in the
experimental blocks. It was in the quarantine blocks; it was among all
the men who died every day by the hundreds. Suffering reigned everywhere
in the concentration camps.
DR. KAUFFMANN: Were there any injunctions that there was to be no talk
about these experiments?
BALACHOWSKY: As a rule the experiments were kept absolutely secret. An
indiscreet remark with regard to the experiments might entail immediate
death. I must add that there were very few of us who knew the details of
these experiments.
DR. KAUFFMANN: You mentioned visits to this camp, and you also mentioned
that German Red Cross nurses, and members of the Wehrmacht visited the
camp, and that furloughs were granted to political prisoners. Were you
ever present at one of these visits inside the camp?
BALACHOWSKY: Yes, I was present at the visits inside the camp of which I
spoke.
DR. KAUFFMANN: Did the visitors at this camp see that cardiac injections
were being given? Or did the visitors see that human skin was tanned?
Did those visitors witness any ill-treatment?
BALACHOWSKY: I cannot answer this question in the affirmative, and I can
say only that visitors passed through my block. One had to pass almost
through the entire camp. I do not know where the visitors went either
before or after visiting my block.
DR. KAUFFMANN: Did one of your own comrades tell you perhaps whether the
visitors personally saw these excesses? Yes or no.
BALACHOWSKY: I do not understand the question. Would you mind repeating
it?
DR. KAUFFMANN: Did perhaps one of your comrades tell you that the
visitors at the camp were present at these excesses?
BALACHOWSKY: I never heard that visitors were present at experiments or
witnessed excesses of that kind. The only thing I can say, concerning
the tanned skins is that I saw, with my own eyes, SS noncommissioned
officers or officers—I cannot remember exactly whether they were
officers or noncommissioned officers—come out of Block 2, carrying
tanned skins under their arms. But these were SS men; they were not
visitors to the camp.
DR. KAUFFMANN: Did these visitors, and in particular Red Cross nurses,
know that these experiments were medically completely worthless, or did
they just wish to inspect the laboratories and the equipment?
BALACHOWSKY: I repeat again that these visitors came to my laboratory
section, where they saw what was being done, that is, the sterilized
filling of the phials. I cannot say what they saw before or after. I
know only that these visitors of whom I am speaking, the Luftwaffe
cadets or the Red Cross people, visited the whole installation of the
block. They certainly knew, however, what was the source of this
culture, and that men might be used for experiments, as there were
charts and graphs showing the stages of cultures originating with men;
but it could have been from blood initially taken from typhus patients
and not necessarily from patients artificially inoculated with typhus.
I really think that these visitors did not generally know about the
atrocities in the form of experiments that were being performed in Block
46, but it was impossible for visitors who went into the camp not to see
the horrible conditions in which the prisoners were kept.
DR. KAUFFMANN: Do you perhaps know whether people who received leave,
that is, inmates who temporarily were permitted to leave the camp, were
permitted to speak about their experiences inside the camp and relate
these experiences to the outside world?
BALACHOWSKY: All the concentration camps were, after all, vast transit
camps. The inmates were constantly changing, passing from one camp to
another, coming and going. Consequently there were always new faces. But
most of the time, apart from those whom we knew before our arrest, or a
few other comrades, we knew nothing about those who came and went.
DR. KAUFFMANN: Perhaps I did not express myself clearly. I mean the
following: As you said before, political prisoners were permitted to
leave the camp temporarily from time to time. Did these inmates know
about these excesses, and if they did know, were they permitted to speak
about these experiments in the rest of Germany?
BALACHOWSKY: The political prisoners (very few and all of German
nationality) who ever obtained leave were prisoners whom the SS had
entrusted with important posts in the camp and who had been imprisoned
for at least 10 years in the camp. This was so, for instance, in the
case of Karl, the Kapo, head of the canteen of the Buchenwald Camp, the
canteen of the Waffen SS, who was responsible for the canteen. He was
given a fortnight’s leave to visit his family at his home in the town of
Zeitz. Consequently this Kapo was free for 10 days and was able to tell
his family anything he wanted to; but I do not know, of course, what he
did. What I can say is that obviously he had to be careful. In any case,
the prisoners who were allowed to leave the camp were old inmates, as I
have said, who knew approximately everything that was going on,
including the experiments.
DR. KAUFFMANN: Now, one last question. If I assume that the people you
just described told anything to members of their families, even on the
pledge of secrecy, and the leaders of the camp came to know of these
indiscretions, do you not believe that the death penalty might have been
incurred?
BALACHOWSKY: If there were indiscretions of that kind on the part of the
family (for such indiscretions may be repeated among one’s
acquaintances), or at least, if such indiscretions came to the knowledge
of the SS, it is obvious that those prisoners risked the death penalty.
DR. KAUFFMANN: Thank you very much.
THE PRESIDENT: Is there any other Defense Counsel who wants to ask any
questions?
HERR BABEL: I protest against the prosecutor’s declaration that I tried
to confuse witnesses with my questions. I am not here to worry about the
good opinion or otherwise of the press, but to do my duty as a defense
attorney . . .
THE PRESIDENT: You are going too fast.
HERR BABEL: [_Continuing_] . . . and I am of the opinion that things
should not be made more difficult by anyone taking part in this
Trial—not even the press.
This war has brought me so much misfortune and sorrow that I have no
reason to vindicate anyone who was responsible for this personal
suffering or for the misfortune that fell on all our people. I will not
try to prevent any such person from receiving his proper punishment. I
am concerned only with helping the Tribunal to determine the truth, so
that just sentences may be pronounced, and that innocent people may not
be condemned.
THE PRESIDENT: Kindly resume your seat. It is not fit for you to make a
speech. You have been making a speech, as I understood it; this is not
the occasion for it.
HERR BABEL: I find it necessary because I was not protected against the
Prosecution’s reproach.
[_Herr Babel left the stand to resume his seat._]
THE PRESIDENT: One moment; come back. I do not know what you mean about
not being protected. Well! Listen to me. I don’t know what you mean by
not being protected against the Prosecution. The Prosecution called this
witness and the defendants’ counsel had the fullest opportunity to
cross-examine, and we understood you went to the Tribunal for the
purpose of cross-examining the witness. I do not understand your
protest.
HERR BABEL: Your Honor, unfortunately I do not know the court procedure
customary in England, America, and other countries. According to the
German penal code and to German trial regulations, it is customary that
unjustified and unfounded attacks of this kind made against a
participant of a trial are rejected by the presiding judge. I therefore
expected that perhaps this would be done here too, but as it did not
happen, I took the occasion to. . . . If by doing so, I violated the
rules of court procedure, I beg to be excused.
THE PRESIDENT: What unjust accusations are you referring to?
HERR BABEL: The Prosecuting Attorney implied that I put questions to
witnesses calculated to confuse them, in order to prevent the witnesses
from testifying in a proper manner. This is an accusation against the
Defense which is an insult to us, at least to myself—I do not know what
the attitude of the other Defense Counsel is.
THE PRESIDENT: I am afraid I do not understand what you mean.
HERR BABEL: Your Honor, I am sorry. I think I cannot convince you as you
probably do not know this aspect of German mentality, for our German
regulations are entirely different. I do not wish to reproach our
President in any way. I merely wanted to point out that I consider this
accusation unjust and that I reject it.
THE PRESIDENT: Dr. Babel, I understand you are saying that the
Prosecuting Attorney said something to you? Now, what is it you say the
Prosecuting Attorney said to you?
HERR BABEL: The Prosecuting Attorney said that I wanted to confuse
witnesses by my questions and, in my opinion that means I am doing
something improper. I am not here to confuse witnesses, but to assist
the Court to find the truth, and this cannot be done by confusing the
witnesses.
THE PRESIDENT: I understand now. I do not think that the Prosecuting
Attorney meant to make accusations against your professional conduct at
all. If that is only what you wish to say, I quite understand the point
you wish to make. Do you want to ask this witness any questions?
HERR BABEL: Yes, I have one question. [_Turning to the witness_] You
testified that weapons, 50 guns, if I understood correctly, were brought
into either Block 46 or 50. Who brought these weapons in?
BALACHOWSKY: We, the prisoners, brought them in and hid them.
HERR BABEL: For what purpose?
BALACHOWSKY: To save our skins.
HERR BABEL: I did not understand you.
BALACHOWSKY: I said that we hid these guns because we meant to sell our
lives dearly at the last moment—that is, to defend ourselves to the
death rather than be exterminated, as were most of our comrades in the
camps, with flame-throwers and machine guns. In that case we would have
defended ourselves with the guns we had hidden.
HERR BABEL: You said “we prisoners”; who were these prisoners?
BALACHOWSKY: The internees inside the camp.
HERR BABEL: What internees?
BALACHOWSKY: We, the political prisoners.
HERR BABEL: They were supposed to have been mostly German concentration
camp prisoners?
BALACHOWSKY: They were of all nationalities. Unknown to the SS, there
was an international secret defense organization with shock battalions
within the camp.
HERR BABEL: There were German concentration camp prisoners who wanted to
help you?
BALACHOWSKY: German prisoners also belonged to these shock
battalions—German political prisoners, and in particular former German
Communists who had been imprisoned for 10 years and who were of great
help towards the end.
HERR BABEL: Very well, that’s what I wanted to know. Then, with the
exception of the criminal who wore the green triangle, you and the other
inmates, even these of German origin, were on friendly terms and helped
each other; is that right?
BALACHOWSKY: The question of the “greens” did not arise, because the SS
evacuated the “greens” in the last few days before the liberation of the
camp. They exterminated most of them; in any case they left the camp,
and we do not know what became of them. No doubt some are still hiding
among the German population.
HERR BABEL: My question did not refer to those with the green badges,
but to your relations with the German political prisoners.
BALACHOWSKY: The political prisoners, whether they were German, French,
Russian, Dutch, Belgian or from Luxembourg, formed inside the camp
secret shock battalions which took up arms at the last minute, and took
part in the liberation of the camp. The arms that were hidden came from
the Gustloff armament factory, which was located near the camp. These
arms were stolen by the workers employed in this factory, who every day
brought back with them either a butt hidden in their clothes, or a gun
barrel, or a breech. And, in secret, with much difficulty, the guns were
assembled from the different pieces and hidden. These were the guns we
used in the last days of the camp.
HERR BABEL: Thank you. I have no further questions.
THE PRESIDENT: Does any other German counsel wish to ask questions? Have
you any questions, M. Dubost?