3. _N-substance._ No experiments, no statement.

_D. Danger involved for the experimental subjects._

1. _Drug F 1001 and “Lost”._ The usual forms of the “Lost” experiments,

applying a drop to the skin, as described by Holl (_Tr. p. 1052_) do not

entail any danger to life, because the aim is to ascertain the most

detailed reactions of the skin towards tiny drops of “Lost”. Experiments

with deadly quantities would prevent this being ascertained. The

relevant statements of the witness Holl must be due to ignorance of the

manner of the experiment. Holl’s statement (_Tr. p. 1050 ff._) and the

affidavit of Wagner (_NO-881, Pros. Ex. 280_) also, to a certain degree,

contradict each other. Holl, a miner by profession, who was hospital

Kapo [inmate trusty] in Natzweiler, makes scientific statements with

illustrations, to which one can hardly attach any value. The affidavit

of Wagner who, as a scientific designer, held, during the experiments,

an elevated position within the inner working circle, is far more

reserved. He knows nothing of deaths occurring during “Lost”

experiments. His conclusions as to how dangerous the “Lost” experiments

were are based on a chart which was most likely intended for a

committee. Sievers’ statement (_Tr. p. 5732_) reports a visit to Wimmer

at Strasbourg during which the latter did not mention that there had

been any deaths. Hirt also confirms this in March 1943; though he cites

two deaths, they had not resulted from “Lost” experiments. The

experiments with drug F 1001, too, are “Lost” experiments. The danger

involved in the experiments has been described accurately. There are no

deaths and health is not impaired permanently. In 23 cases general

condition was not impaired. (_NO-199, Pros. Ex. 253._) In contrast to

this, NO-198, Prosecution Exhibit 254, mentions serious disturbances of

the general condition in eight cases. Yet it must be assumed that these

disturbances were of a temporary nature and occurred only when the

climax of the injury was reached. They did not last throughout the

duration of the experiments.

2. _N-substance._ The experiments were not carried out. Over and above

that, NO-005, Prosecution Exhibit 279, discloses that the experiments

would, most probably, not result in any permanent bodily harm.

_VI. Special responsibility and participation of the defendant Karl

Brandt._

1. The defendant Karl Brandt did not issue any order to carry out

experiments. Karl Brandt did not have authority to issue orders.

2. The decree of 1 March 1944 concerning defense equipment in chemical

warfare has been reconstructed by means of the following affidavits:

(_Karl Brandt 103_, _Karl Brandt Ex. 42_; _Karl Brandt 5_, _Karl Brandt

Ex. 6_; _Karl Brandt 11_, _Karl Brandt Ex. 10_; _Karl Brandt 4_, _Karl

Brandt Ex. 5_; _Karl Brandt 101_, _Karl Brandt Ex. 41_; _Karl Brandt

89_, _Karl Brandt Ex. 37_). They show that this decree does not refer to

an authorization to give orders concerning chemical-warfare agents and

their research, but that it represents a production order referring to

defense equipment in chemical warfare. Document NO-015, Prosecution

Exhibit 275, proves that Hirt’s experiments had been completed when the

defendant Karl Brandt received, through Sievers, Hirt’s

treatment-instructions for injuries caused by “Lost” following the

decree of 1 March 1944. The very fact that in this way, for the first

time, he gained knowledge of the results of the experiments proves that

this was an SS affair of Himmler and Hirt and that it belonged to a

sphere where interference was denied to Karl Brandt by strict orders

(see statements on participation in experiments by virtue of contacts

with Himmler). (_Also Karl Brandt 120_, _Karl Brandt Ex. 35_.) The

affidavit of Rudolf Brandt (_NO-372, Pros. Ex. 252_) is refuted by Karl

Brandt 13, Karl Brandt Exhibit 12, as well as statements made by Rudolf

Brandt. (_Tr. pp. 4930-34._) As a matter of fact the name of the

defendant Karl Brandt is never mentioned in the numerous documents

extending over a period of several years. The special secrecy

surrounding the Noli Decree and its contents with regard to poison gas

defense is made sufficiently clear by the necessity of safeguarding the

inadequate poison gas defense in the least possible time, and to hide

this from the enemy. (_Karl Brandt 103_, _Karl Brandt Ex. 42_; _Karl

Brandt 101_, _Karl Brandt Ex. 41_; _Karl Brandt 11_, _Karl Brandt Ex.

10_.)

3. Karl Brandt’s efforts not to experiment on human beings are proved by

the fact that he had animal material, i. e., man-like apes, brought from

Spain and Africa by the Luftwaffe at great expense. Had he been

predominantly inclined to experiment on human beings, to be had free of

cost, he would hardly have gone to such expense. (_Karl Brandt 12_,

_Karl Brandt Ex. 11._) The exhaustive enumeration of parties engaged on

work with N-gas (_NO-005, Pros. Ex. 279_) proves that the defendant Karl

Brandt did not participate. The N-gas problems belong to a very

different sphere, as shown by the Documents Karl Brandt 88, Karl Brandt

Exhibit 36, and Karl Brandt 103, Karl Brandt Exhibit 42. This is further

confirmed by Sievers’ letter to Hirt of 9 April 1942. (_NO-793, Pros.

Ex. 258._) In it, reference is made to the possibility of advancing

experiments by “single possibilities”.

NO-422, Prosecution Exhibit 33, contains an order by Himmler of 7 July

1942 to Sievers and the SS Institute Ahnenerbe to support Hirt’s

researches in every possible way.

4. The codefendant Rudolf Brandt does not know the contents of the

decree of 1 March 1944, though he distinctly alludes to it in his

affidavit, (_NO-372, Pros. Ex. 252_; _Tr. pp. 4941-42_.)

_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT

SIEVERS_

* * * * *

1. Lost gas experiments were carried out from November 1942 on by

Professor Dr. Hirt in the Natzweiler concentration camp.

2. According to the statement of the witness Nales in the session of 30

April 1947, three experimental persons died. Other experimental persons

are supposed to have suffered from severe burns.

3. Sievers did not personally participate in these experiments. The

prosecution has submitted the following evidence to prove Sievers’

participation in the Lost gas experiments:

Letter of Sievers to Dr. Hirt of 17 January 1942 (_NO-791, Pros.

Ex. 256_) concerning experiments with insecticides.

Letter of Dr. Hirt to the Ahnenerbe of 20 January 1942 (_NO-792,

Pros. Ex. 257_) concerning answer to Sievers’ letter.

Sievers’ letter to Dr. Hirt of 9 April 1942 (_NO-793, Pros. Ex.

258_) concerning Dr. Hirt’s treatises on intravital microscopy

and Lost experiments.

Sievers’ letter to Dr. Brandt of 27 August 1942 (_NO-794, Pros.

Ex. 259_) concerning the passing on of a message of Dr. Hirt on

the results of Lost experiments.

Letter of the Ahnenerbe to Dr. Brandt of 2 June 1942 (_NO-097,

Pros. Ex. 260_) concerning Dr. Hirt’s report on Lost wounds.

Experiments on human beings could not be made as Hirt was at the

front.

Note of the Reich Business Manager of 3 November 1942 (_NO-098,

Pros. Ex. 263_).

Letter of the Reich Business Manager of the Ahnenerbe to Dr. R.

Brandt of 22 April 1943—concerning release of Staff Physician

Dr. Wimmer from the air force so that he can do further work

with Dr. Hirt on Lost experiments. (_NO-193, Pros. Ex. 264._)

Letter of the personal staff of the Reich Leader SS to

Ministerial Councillor Dr. Goernert, of 9 June 1943—concerning

Dr. Wimmer’s transfer. (_NO-195, Pros. Ex. 266._)

Certificate of the Institute for Military Scientific Research of

8 November 1943—concerning the sending of special rations of

food to Dr. Wimmer and Frl. Schmitt. (_492-PS, Pros. Ex. 267._)

Proposed treatment of poison-gas injuries through Lost.

(_NO-099, Pros. Ex. 268._)

Letter of the Reich Business Manager of the Ahnenerbe to Dr.

Brandt of 9 February 1942—concerning forwarding Dr. Hirt’s

report on his medicinal experiments and a microscope, which

enables one to observe a living tissue. (_NO-085, Pros. Ex.

269._)

Letter of the personal staff of the Reich Leader SS to the

Ahnenerbe of 10 March 1944—concerning the transmission of a

Fuehrer Decree of 1 March 1944. (_NO-013, Pros. Ex. 272._) The

Fuehrer Decree mentioned—of 1 March 1944—has not been

submitted.

Letter of the Office “A” to Dr. R. Brandt of 11 April 1944

concerning Sievers’ report to SS Brigadefuehrer Prof. Dr. Brandt

on the research work of Dr. Hirt. (_NO-015, Pros. Ex. 275._)

Letter of Sievers to SS Brigadefuehrer Gluecks of 11 September

1942 (_NO-978, Pros. Ex. 480_) concerning military scientific

research in connection with the Natzweiler concentration camp.

Letter of Sievers to SS Brigadefuehrer Gluecks of 27 August 1942

concerning military scientific research in connection with the

Natzweiler concentration camp. (_NO-935, Pros. Ex. 481._)

Sievers’ memorandum concerning the carrying out of military

scientific research in the Natzweiler concentration camp of 17

September 1942. (_NO-977, Pros. Ex. 482._)

The defense refers to the following evidence:

Lost experiments were carried out at the Military Medical Academy in

Berlin. The experimental persons were cadets studying at this Academy.

(_NO-097, Pros. Ex. 260_; _Tr. p. 5679_; _Tr. pp. 8071-72_.) Professor

Dr. Hirt, later Director of the Anatomical Institute at the University

of Strasbourg, took part in carrying out these experiments. (_Tr. p.

5731._) Professor Hirt also carried out Lost experiments on himself.

(_Tr. p. 5733._) Hitler then decreed that experiments were no longer to

be carried out on cadets, as they were more important as soldiers.

Himmler gave Dr. Hirt orders to carry out a few practical experiments on

human beings in addition to his animal experiments. Then on 9 April 1942

Himmler asked Sievers, who in his discussion with him at Easter 1942 had

also mentioned the research done by Professor Hirt, to ask the latter in

writing to submit a secret report on his Lost experiments. (_NO-793,

Pros. Ex. 258._) Hirt then gave this report to the Ahnenerbe, from where

it was forwarded, with a letter on 2 June 1942 to the personal staff of

the Reich Leader SS. (_NO-097, Pros. Ex. 260._) The heading of this

letter is remarkable: “Report on the Lost experiments carried out by

order of the Wehrmacht.” Dr. Hirt mentions further on page four of the

report that he submitted the written report on the results of his Lost

experiments to the surgeon general who was his superior at that time.

From this report, it is quite clear that experiments on human beings,

with the exception of cadets, had not yet been carried out by Hirt.

However, Dr. Hirt made a further short report, which the Reich Business

Manager of the Ahnenerbe forwarded to the personal staff of the Reich

Leader SS on 27 August 1942. (_NO-794, Pros. Ex. 259._)

In a letter of 13 July 1942 the Reich Leader SS ordered that Dr. Hirt

should carry out the research work assigned to him in the Natzweiler

concentration camp. (_NO-098, Pros. Ex. 263._) Sievers set out for

Natzweiler with Dr. Hirt at the end of August 1942 in order to ascertain

whether the prerequisites existed. As is shown in Dr. Hirt’s report of

19 October 1942, nothing had yet happened besides the drafting of

Oberscharfuehrer Walbert, the animal-keeper. The extension of the

laboratories and stables had not yet begun. And now Dr. Hirt’s report

continues:

“We were further informed that prisoners, who are later to be

experimented on, would have to be paid by us while they are

subjected to the experiment. For the prisoners in the

L-experiment we propose that they are put on full diet (guards’

diet), so that the experiments can be carried out under the same

conditions as would prevail with the troops in an actual case.

To begin with we intend to take 10 prisoners for the

experiment.” (_NO-098, Pros. Ex. 263._)

As Hirt reported in addition that the assignment of a second physician

to the Natzweiler concentration camp would be difficult, Sievers was

asked to participate in the efforts to obtain the release of Dr. Wimmer,

surgeon captain of the air force, in order to make him assistant to Dr.

Hirt, especially as the Reich Leader SS expressly wished that Dr.

Wimmer’s transfer should take place as soon as possible. (_NO-194, Pros.

Ex. 265._)

It was the duty of Sievers to deal with questions of billets, laboratory

finance and similar matters. Therefore, in August and September 1942 he

wrote to SS Brigadefuehrer Gluecks, who was responsible for the

administration of the concentration camps. (_NO-935, Pros. Ex. 481_;

_NO-977, Pros. Ex. 482_; _NO-978, Pros. Ex. 480_.) They contain only

administrative matters.

How little Sievers knew about concentration camps is seen from Document

NO-935. Sievers asks to be sent the exact address of the camp and of the

commandant of Natzweiler. This letter is particularly worthy of notice.

As for the question whether and to what extent Sievers had knowledge of

the performance of Lost experiments in the Natzweiler concentration

camp, the following can be stated:

Ferdinand Holl, witness for the prosecution, when giving evidence on 3

January 1947, said nothing about Sievers’ taking part in any way in the

performance of the Lost experiments at the Natzweiler concentration

camp. The experimenters were Dr. Hirt and officers of the Luftwaffe. The

witness Holl did not mention Sievers at all. If Sievers, who wore SS

uniform, had become known at all in connection with the Lost

experiments, this witness would certainly have made some such statement,

especially as he was dispensary assistant [Revierkapo] and prisoners’

guard in the so-called Ahnenerbe block in the Natzweiler concentration

camp. (_German Tr. pp. 1051-1059._)

The witness Grandjean too, who was at the Natzweiler concentration camp

hospital as medical assistant from April 1944 on, knows nothing of

Sievers’ presence at the Natzweiler concentration camp or of any

connection between Sievers and the Lost experiments. (_Tr. p. 1099 ff._)

Sievers was in Natzweiler concentration camp on 25 January 1943 and also

visited the barracks where the experimental persons for the Lost

experiments were housed. Dr. Wimmer showed Sievers some of the

experimental persons with their forearms in bandages. There were about

10 persons altogether who gave the impression of being quite lively. One

of the experimental subjects was just having his bandage changed, and

Sievers saw that the place being treated on the arm was covered with a

scab. Dr. Wimmer reported nothing about fatal incidents. On the other

hand, by questioning the experimental subjects himself, Sievers found

that they volunteered for those experiments after a lecture by Professor

Hirt. Sievers also learned that from Dr. Hirt himself, who at the end of

the experiments confirmed that he had sent to the camp commandant a

report on the good behavior of the prisoners with a recommendation for

their release. (_German Tr. pp. 5732-33._) The lecture which Hirt had

previously delivered to the experimental persons is also confirmed by

the witness Holl. (_German Tr. pp. 1051-1059._) This was the only visit

Sievers paid to the experimental subjects of the Lost experiments. After

25 January 1943 Sievers never went to Natzweiler again. This is already

known from his diary entries.

Sievers attached a certain danger to the experiments, but, not being a

physician, he was in no position to judge exactly from the experiments

and the way in which they were carried out whether there was reason to

be prepared for fatal results. In March 1943 Sievers asked Dr. Hirt

whether any experimental subjects had died. Hirt admitted two deaths

which, he remarked, however, had no connection with the Lost

experiments. (_German Tr. pp. 5732-33._)

The statement of the witness Nales, heard in the session of 30 April

1947, deserves special attention. This witness confirmed that the

experimental subjects who had reported for the “Burning Experiments”

were _volunteers_. The witness thereby confirmed Sievers’ statement of

10 April 1947. (_German Tr. pp. 5732-33._) The witness admitted under

cross-examination that Professor Dr. Hirt, as well as the SS camp

physician, explained to the experimental subjects the nature of the

planned experiments. It may be that the SS camp physician did not

precisely state the actual danger of the experiments. But it may

certainly be supposed that Dr. Hirt described the nature of the planned

experiments more closely in his instructions, which are also confirmed

by the witness Holl. Here Sievers had just as little to do with the

choice of experimental subjects as in all the other cases. He was

present neither at the lecture of the camp physician nor at that of Dr.

Hirt. He could and had to rely on what Dr. Hirt told him concerning the

question of volunteering.

4. In the case in question, Sievers was again not in a position to give

instructions or orders on the carrying out of the Lost experiments.

Neither did he do so. In as far as he came into contact with the Lost

experiments, he only forwarded correspondence and did subordinate

administrative work, which had no decisive or important influence on the

experiments carried out by Dr. Hirt.

5. The knowledge that the experiments could exceed certain limits or

become inhuman existed neither before they began nor in the course of

the experiments.

We still have to examine whether Sievers did not receive, through some

report or other, more exact knowledge of the course of the experiments.

As a result of the experiments carried out by Dr. Hirt and Dr. Wimmer,

the “Proposed Treatment of Poison-Gas Injuries Caused by Lost” was

produced. (_NO-099, Pros. Ex. 268._) From this report nothing at all is

to be learned of the course of the experiments in its effect on the

experimental subjects. Since no further report exists, the correctness

of Sievers’ statement must be accepted, according to which he knew no

more of the Lost experiments than what he had seen and heard himself at

Natzweiler. There was nothing in that to make him believe in criminal

experiments.

This must also form the basis for the judging of Documents NO-195 and

NO-015, Prosecution Exhibits 266 and 275. Sievers could only give

information on what he knew. By virtue of his own observation of the

information which he had received from Dr. Hirt and the correspondence

submitted here, Sievers could only give information on the subject of

the experiments carried out by Dr. Hirt and the circumstances under

which they were carried out. It is also quite absurd to suppose that

anyone who himself had detailed knowledge of the course of the

experiments would have been used to pass on information. In his letter

to Dr. Rudolf Brandt of 11 April 1944, Sievers further stated that on 31

March he had given a report to SS Brigadefuehrer Professor Dr. Brandt on

the research work of SS Hauptsturmfuehrer Professor Dr. Hirt. The

contents of this so-called report were reproduced by Dr. Karl Brandt in

his examination on 4 November 1947. According to that, Sievers only

stated that he had been commissioned by order of Himmler to hand over to

him the final report on Lost by Dr. Hirt. But Sievers said nothing about

being commissioned to discuss the contents with Dr. Karl Brandt. No

discussion took place between Dr. Karl Brandt and Sievers on the

performance of the experiments. This was the “report” from which the

prosecution believes it can draw the conclusion that Sievers had

detailed knowledge of the Lost experiments. (_German Tr. pp. 2365-66._)

The question still arises, whether Sievers, as a result of the report

made by Hirt on 8 March 1944 to the Reich Leader SS, was not aware of

deaths in connection with the Lost experiments. Hirt’s report did not

disclose anything from which one could conclude that a special

endangering of the experimental subjects was involved. Moreover Hirt

declared that he could arrive at further results only through

experiments on animals. (_German Tr. p. 5734._)

Finally, an opinion is expressed in regard to the possible assertion of

the prosecution that the application of intravital microscopy

constituted a crime against humanity. The intravital microscope used by

Dr. Hirt could only be used on animals. (_Tr. p. 5734._) Letter from the

firm of Zeiss of 13 January 1947. (_Sievers 9, Sievers Ex. 10_; _Tr. p.

5879_; _Sievers 55, Sievers Ex. 51_.) That intravital microscopic

experiments were carried out on human beings by Dr. Hirt was not

testified to by any of the witnesses and also cannot be seen from any

document. If this had been the case, it certainly would have become

known to third parties through experimental subjects or records.

6. Sievers had neither the power nor the opportunity to prevent the Lost

experiments or to stop them. Sievers could in no way hinder the course

of experiments against Himmler’s order.

7. Under these circumstances Sievers could not have become guilty of

criminal negligence either.

* * * * *

d. Evidence

_Prosecution Documents_

Pros. Ex.

Doc. No. No. Description of Document Page

NO-794 259 Letter from Sievers to Rudolf Brandt, 27 336

June 1942, concerning mustard gas and

its effect on human beings.

NO-098 263 Memorandum from Sievers to Rudolf 337

Brandt, 3 November 1942, concerning

research in the Natzweiler

concentration camp.

NO-193 264 Letter from Sievers to Rudolf Brandt, 22 340

April 1943, regarding prevention of

Dr. Wimmer’s to active duty with the

air force.

NO-099 268 Report by Hirt and Wimmer on the 341

proposed treatment of poisoning caused

by Lost gas.

NO-005 279 Letter from Grawitz to Himmler, 22 344

November 1944, requesting prisoners

for experiments.

NO-1852 456 Extract from report on medical 345

experiments addressed to Karl Brandt.

NO-978 480 Letter from Sievers to Gluecks, 11 349

September 1942, concerning military

scientific research work to be

conducted at Natzweiler concentration

camp.

_Defense Documents_

Doc. No. Def. Ex. No. Description of Document Page

Karl Brandt 12 Karl Brandt Affidavit of Dr. Walther Schieber 350

Ex. 11 on his efforts to purchase

experimental animals in Spain and

bring them to Germany.

Karl Brandt 101 Karl Brandt Affidavit of Dr. Otto Ambros, 21 351

Ex. 41 April 1947, concerning the

urgency of experiments in the

field of chemical-warfare agents

and their countermeasures.

Karl Brandt 103 Karl Brandt Affidavit of Dr. Walter Mielenz, 21 352

Ex. 42 April 1947, concerning the

assignment of Karl Brandt in

connection with chemical warfare.

TRANSLATION OF DOCUMENT NO-794

PROSECUTION EXHIBIT 259

LETTER FROM SIEVERS TO RUDOLF BRANDT, 27 JUNE 1942, CONCERNING MUSTARD

GAS AND ITS EFFECT ON HUMAN BEINGS

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 226 / 486 题