EUTHANASIA

On 1 September 1939, the very day of the German attack on Poland, and

after a great deal of discussion between Dr. Karl Brandt, Dr. Leonardo

Conti, Philipp Bouhler, the Chief of the Chancellery of the Fuehrer, and

others, Hitler issued the following authority to the defendant Karl

Brandt (_630-PS_):

“Reichsleiter Bouhler and Dr. Brandt, M. D., are charged with

the responsibility of enlarging the authority of certain

physicians to be designated by name in such a manner that

persons who, according to human judgment, are incurable can,

upon a most careful diagnosis of their condition of sickness, be

accorded a mercy death.

[Signed] ADOLF HITLER”

After the receipt of this order, an organization was set up to execute

this program, Karl Brandt headed the medical section and Philipp

Bouhler, the administrative section. The defendant Hoven, as chief

surgeon of the Buchenwald concentration camp, took part in the program

and personally ordered the transfer of at least 300 to 400 Jewish

inmates of different nationalities, mostly non-German, to their death in

the euthanasia station at Bernburg. The defendants Brack and Blome

participated in their capacities as assistants to Bouhler and Conti.

Questionnaires were forwarded to the Ministry of the Interior from the

various institutes and were then submitted to Karl Brandt and his staff

for an expert opinion in order to determine the status of each patient.

Then each of those experts indicated his opinion as to the eventual

disposition of the patient; that is, whether or not the patient should

be transferred to a killing station. The questionnaires were supposedly

returned to the Ministry of the Interior, which, in turn, sent lists of

the doomed patients to the different insane asylums, ordering the

directors of the asylums to hand over the patients to a thing called the

General Sick Transport Corporation for transfer to the particular

stations where the killings took place. This Transport Corporation was

not a real organization, but one of the code names used to disguise the

true nature of the activities. The patients were then transferred to the

station where they were immediately killed. This entire procedure took

place without the consent of the relatives, but the relatives did

receive a death certificate on which the cause of death was falsified.

The Euthanasia Program was an open secret in top Nazi circles. However,

every possible effort had been made to keep it from the public in order

to avoid intervention by the churches. In spite of all these

precautions, it became commonly known in Germany as early as the summer

of 1940 that these killings were going on and church authorities, as

well as various legal officials, tried in vain to stop the killings.

Typical of the letters reaching the Minister of Justice and the Minister

of Interior is the following:

Addressed to The Reich Minister of Justice:

“I have a schizophrenic son in a Wuerttemberg mental

institution. I am shocked about the following absolutely

reliable information.

“Since some weeks insane persons are being taken from the

institutions allegedly on the grounds of military evacuation.

The directors of the institutions are enjoined to absolute

secrecy. Shortly afterwards the relatives are informed that the

sick person has died of encephalitis. The ashes are available if

so desired. 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, Winzertal, all in

Wuerttemberg. Have the lists of 2 months ago examined and

submitted to you, check upon the inmates who are there now and

ask where the missing persons went to. For 7 years now this gang

of murderers have defiled 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

Oberregierungsrat N.”

If this program had stayed within the bounds set forth in Hitler’s

letter to Karl Brandt, it would have been bad enough. We may pass over

as quite irrelevant any such question as whether mercy killing may not

in some circumstances be desirable, and whether a statute authorizing

mercy killings under proper safeguards would be valid.

Such questions may be debatable, but they do not confront us here. No

German law authorizing mercy killings was ever adopted. Hitler’s

memorandum to Brandt and Bouhler was not a law, not even a Nazi law. It

was not intended to be a law or regarded as such even by the top Nazi

officials. That is why the program was carried out with the utmost

secrecy. The program was known to be utterly illegal by those who were

in charge of it; they knew it was nothing but murder.

This is brought out very clearly in a letter from Himmler to the

defendant Brack in December 1940 (_NO-018_):

“Dear Brack:

“I hear there is great excitement on the Alb because of the

institution Grafeneck.

“The population recognizes the gray automobile of the SS and

think they know what is going on at the constantly smoking

crematory. What happens there is a secret and yet is no longer

one. Thus the worst feeling has arisen there, and in my opinion

there remains only one thing, to discontinue the use of the

institution in this place and in any event disseminate

information in a clever and sensible manner by showing motion

pictures on the subject of inherited and mental diseases in just

that locality.

“May I ask for a report as to how the difficult problem was

solved.”

But there are more fundamental matters here. The program did not stay

even within the bounds of the secret Hitler authority. Euthanasia became

merely a polite word for the systematic slaughter of Jews and many other

categories of persons useless or unfriendly to the Nazi regime. The

evidence before the International Military Tribunal proved this clearly,

and the judgment states, and I quote:[11]

“Reference should also be made to the policy which was in

existence in Germany by the summer of 1940, under which all

aged, insane, and incurable people, ‘useless eaters’, were

transferred to special institutions where they were killed, and

their relatives informed that they had died from natural causes.

The victims were not confined to German citizens, but included

foreign laborers, who were no longer able to work, and were

therefore useless to the German war machine. It has been

estimated that at least some 275,000 people were killed in this

manner in nursing homes, hospitals, and asylums, which were

under the jurisdiction of the defendant Frick, in his capacity

as Minister of the Interior. How many foreign workers were

included in this total it has been quite impossible to

determine.”

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 121 / 486 题