a. Introduction
The defendants Karl Brandt, Handloser, Rostock, Schroeder, Gebhardt,
Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Rose, and Becker-Freyseng
were charged with special responsibility for and participation in
criminal conduct involving epidemic jaundice experiments (par. 6 (H) of
the indictment). During the trial the prosecution withdrew this charge
in the case of Sievers, Rose, and Becker-Freyseng. On this charge only
the defendant Karl Brandt was convicted, and the defendants Handloser,
Rostock, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, and Poppendick
were acquitted.
The prosecution’s summation of the evidence on the epidemic jaundice
experiments is contained in its final briefs against defendants
Handloser and Schroeder. Extracts from these briefs are set forth below
on pages 494 to 498. A corresponding summation of the evidence by the
defense on these experiments has been selected from the final plea for
the defendant Handloser. It appears below on pages 499 to 503. This
argumentation is followed by selections from the evidence on pages 503
to 508.
b. Selections from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT HANDLOSER_
* * * * *
_Epidemic Jaundice_
Following the attack on Russia, epidemic jaundice (hepatitis epidemica)
became a disease of major proportions for the German Wehrmacht. (_Tr. p.
2707._) In some units, casualties up to 60 percent were reported from
this disease. (_NO-010, Pros. Ex. 187._) Accordingly, an intensive
effort was made to discover the causes of and vaccinations against
epidemic jaundice. Dohmen and Gutzeit of the Army Medical Inspectorate
and Haagen of the Medical Service of the Luftwaffe were among the
doctors working on this subject.
Dohmen and Gutzeit were attached to the Military Medical Academy and
directly subordinated to Schreiber. (_Tr. p. 2752._) The Military
Medical Academy was, of course, subordinated to Handloser as Army
Medical Inspector. (_Tr. p. 2740._) Gutzeit was also consulting
internist to Handloser. (_Tr. p. 2700._) Dohmen was one of the first to
isolate a virus which was claimed to be the cause of jaundice. This was
accomplished by inoculating animals with germs taken from human beings
suffering from the disease. (_Tr. p. 2695._) However, considerable
divergence of opinion still existed as to whether jaundice was caused by
bacteria or a virus. (_Tr. p. 3045._) On 1 June 1943, Grawitz, Reich
Physician of the SS, requested Himmler to make concentration camp
inmates available for infection by Dohmen with his virus. He stated that
cases of death among the experimental subjects were to be anticipated.
(_NO-010, Pros. Ex. 187._) It was not stated whether the deaths were to
be brought about for the purpose of performing autopsies (as in the
cases of the high-altitude experiments), or whether they were to be
expected from the disease itself (as in the cases of the typhus
experiments).
Himmler consented to the use of eight Polish Jews, who had been
condemned to death in the Auschwitz concentration camp, and to Dohmen’s
conducting the experiments. (_NO-011, Pros. Ex. 188._) The experiments
were carried out by Dohmen in the Sachsenhausen concentration camp, and
according to the affidavit of the defendant Rudolf Brandt, some of the
experimental subjects died as a result. (_NO-371, Pros. Ex. 186._) Even
the defense witness Gutzeit, who collaborated closely with Dohmen,
admits that Dohmen worked in Sachsenhausen, but stated that this was
merely a ruse to avoid turning over the jaundice virus to Grawitz, and
in reality no infection experiments were performed. (_Tr. p. 2722._)
Gutzeit did not explain, however, why Dohmen, who was in no way
subordinated to Grawitz, should have engaged in such ridiculous
scientific “horseplay.” (_Tr. p. 2758._)
In weighing the credibility of the testimony of Gutzeit, consideration
should be given to the fact that he was a member of the SS himself and
that he was closely associated with Dohmen in his work. (_Tr. p. 2760._)
In June 1944, a conference of experts was called by Handloser for the
purpose of coordinating jaundice research. This conference took place at
Breslau and was presided over by Schreiber. (_Tr. p. 7252._) Handloser,
Gutzeit, and Haagen, a consulting hygienist of the Air Fleet, were all
present at this conference. (_Tr. p. 2717._) Schreiber assigned groups
of physicians to work together on jaundice problems. Dohmen, Gutzeit,
and Haagen were assigned to one of these groups. (_Tr. p. 2717._) On 12
June 1944, Haagen himself requested Schreiber to assign Dohmen to work
with him. Generalarzt Schreiber at that time was commander of the
Military Medical Academy. (_NO-299, Pros. Ex. 190._) Schreiber complied
with this request. (_NO-300, Pros. Ex. 191._)
On 24 June 1944, Gutzeit wrote to Haagen that he was also requesting
Schreiber to assign Dohmen to Haagen. He went on to state that he was
making preparations for experiments on human beings and he wanted Haagen
to supply him with his virus material. (_NO-124, Pros. Ex. 193._) Haagen
replied to Gutzeit’s letter on 27 June 1944 stating that he was glad
that Dohmen would be assigned to him as of 15 July. He further stated
that he was working with Kalk, Buechner, and Zuckschwert, all officers
of the Luftwaffe, on jaundice problems and that he had arranged with
Kalk to conduct human experiments with his material. (_NO-125, Pros. Ex.
194._) On the same date Haagen wrote to his collaborator Kalk, who was
attached to the staff of the defendant Schroeder, stating as follows:
“In the enclosure I send you a copy of a letter from Gutzeit and
my reply. We must proceed as soon as possible with the
experiments on human beings. These experiments, of course,
should be carried out at Strasbourg or in its vicinity. Could
you in your official position take the necessary steps to obtain
the required experimental subjects? I don’t know what sort of
subjects Gutzeit has at his disposal, whether they are soldiers
or other people.” (_NO-126, Pros. Ex. 195._)
The remark about “other people” is an obvious reference to concentration
camp inmates, upon whom Haagen had long since been experimenting with
virulent typhus virus, while the reference to “Strasbourg or in its
vicinity”, indicates the concentration camp Natzweiler. (See typhus
experiments _supra_.) Herr Kalk and his chief, the defendant Schroeder,
were well advised on how to procure concentration camp inmates for
medical experiments because only a few weeks before Schroeder himself
had requested inmates from Himmler for the sea-water experiments.
(_NO-185, Pros. Ex. 134._)
The record shows that Dohmen did in fact go to Strasbourg to work with
Haagen on the direct orders of Schreiber. (_Tr. p. 2752._) Handloser was
advised of this collaboration of Dohmen and Haagen. (_Tr. p. 2757._)
Still another series of jaundice experiments was planned with which
Handloser was connected. On 29 January 1945 Mrugowsky wrote to Grawitz
as follows:
“Hauptsturmfuehrer Professor Dr. Dresel, Director of the
Hygienic Institute of the University of Leipzig, has cultivated
a virus from persons suffering from hepatitis and succeeded in
transplanting it on animals.
“It is necessary to make experiments on human beings in order to
determine the fact that this virus is indeed the effective virus
hepatitis epidemica. The plenipotentiary for research on
epidemics in the Reich Research Council therefore addressed
himself to me with the request to carry out the above
experiments.
“I am asking you to obtain authorization from the Reich Leader
SS to carry out the necessary experiments on 20 suitable
prisoners who have hitherto never suffered from hepatitis
epidemica, at the typhus experimental station of the
concentration camp in Buchenwald.” (_NO-1303, Pros. Ex. 467._)
The plenipotentiary for research on epidemics in the Reich Research
Council who requested these experiments on concentration camp inmates
was Generalarzt Schreiber, at the same time commander of Lehrgruppe C of
the Military Medical Academy under Handloser. (_Tr. p. 5402._) Schreiber
had been designated by Handloser for the very purpose of coordinating
jaundice research, and the meeting in Breslau was called to that end.
In view of this evidence outlined above, it can only be concluded that
the jaundice experiments were carried out by subordinates of the
defendant Handloser with his knowledge and approval.
* * * * *
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT
SCHROEDER_
* * * * *
_EPIDEMIC JAUNDICE EXPERIMENTS_
In June 1944 a conference of experts was called for the purpose of
coordinating jaundice research. This conference took place at Breslau
and was presided over by Schreiber. (_Tr. p. 2752._) Handloser, Gutzeit,
and Haagen were all present at this conference. (_Tr. p. 2717._) Haagen
admitted during cross-examination that experiments on human beings were
discussed. That criminal experiments on concentration camp inmates were
discussed is clear from the fact that Schreiber in January 1945
personally requested Mrugowsky to make available inmates for hepatitis
experiments by Dr. Dresel. (_NO-1303, Pros. Ex. 467._) Schreiber
assigned groups of physicians to work together on jaundice problems.
Dohmen, Gutzeit, and Haagen were assigned to one of these groups. (_Tr.
p. 2717._) On 12 June 1944 Haagen himself requested Schreiber to assign
Dohmen to work with him. Generalarzt Schreiber at that time was
commander of the Military Medical Academy under Handloser. (_NO-229,
Pros. Ex. 190._) Schreiber complied with this request. (_NO-300, Pros.
Ex. 191._)
On 24 June 1944 Gutzeit wrote to Haagen that he was also requesting
Schreiber to assign Dohmen to Haagen. He went on to state that he was
making preparations for experiments on human beings and he wanted Haagen
to supply him with his virus material. (_NO-124, Pros. Ex. 193._) Haagen
replied to Gutzeit’s letter on 27 June 1944 stating that he was glad
that Dohmen would be assigned to him as of 15 July. He further stated
that he was working with Kalk, Buechner, and Zuckschwert, all officers
of the Luftwaffe, on jaundice problems and that he had arranged with
Kalk to conduct human experiments with his material. (_NO-125, Pros. Ex.
194._) On the same date Haagen wrote to his collaborator Kalk, who was a
consultant to defendant Schroeder and a specialist on hepatitis (_Tr. p.
3632_), stating as follows:
“In the enclosure I send you a copy of a letter from Gutzeit and
my reply. We must proceed as soon as possible with the
experiments on human beings. These experiments, of course,
should be carried out at Strasbourg or in its vicinity. Could
you in your official position take the necessary steps to obtain
the required experimental subjects. I don’t know what sort of
subjects Gutzeit has at his disposal, whether they are soldiers
or other people.” (_NO-126, Pros. Ex. 195._)
The remark about “other people” is an obvious reference to concentration
camp inmates, upon whom Haagen had long since been experimenting with
virulent typhus virus, while the reference to “Strasbourg or in its
vicinity”, indicates the concentration camp Natzweiler. The witness Olga
Eyer, secretary to Haagen, testified that prisoners were requested for
the epidemic jaundice experiments. (_Tr. p. 1759._) Haagen would have
the Tribunal believe that he referred to Freiburg and Heidelberg which
are 60 and 100 kilometers respectively from Strasbourg, while Natzweiler
was only a few kilometers away. (_Tr. p. 9579._)
Herr Kalk and his chief, the defendant Schroeder, were well advised on
how to procure concentration camp inmates for medical experiments
because only a few weeks before Schroeder himself had requested inmates
from Himmler for the sea-water experiments. (_NO-185, Pros. Ex. 134._)
* * * * *
c. Selection from the Argumentation of the Defense
_EXTRACT FROM THE FINAL PLEA FOR DEFENDANT
HANDLOSER_[54]
* * * * *
_Epidemic Jaundice_ (_Hepatitis_)
The problem of experiments in the field of hepatitis research consists
in finding the most efficient treatment of the disease and identifying
the virus in order to evolve a vaccine.
Discussions of this problem were extensive during this trial. The
indictment on this point applies only when experiments on human beings,
as understood by the prosecution, such as infection with jaundice germs,
could have effects detrimental to health. On this the experts,
Professors Gutzeit and Rose, have expressed their opinions. Professor
Gutzeit, as one of the foremost specialists for problems connected with
epidemic jaundice, on the basis of his extensive practical clinical
experience and experiments on his own person, has described the effects
as follows:
“As far as I, as clinical physician, can judge, the development
of vaccines, and of experiments to gain these vaccines, is
harmless. This harmlessness is shown by the fact that
spontaneous outbreaks of jaundice are not dangerous in
themselves. Like every other vaccine, a potential vaccine which
is being developed for or against hepatitis may cause harmless
local reactions on the place of vaccination.”
Furthermore he said, “it (epidemic jaundice) is a harmless disease”
(_German Tr. p. 2761_); “it has no damaging after-effect on the liver.”
(_German Tr. p. 2763._) Professor Rose has expressed his expert opinion
in the following words: “Hepatitis epidemica as such is not considered a
dangerous disease by hygienists.” (_German Tr. pp. 5433, 5434._) Then he
continues that naturally, just as in the case of a nasal cold, so in the
case of hepatitis, complications may arise as after-effects, “but no one
would consider hepatitis as a dangerous disease for that reason.”
(_German Tr. p. 6454._) As to the experiments, Professor Rose says:
“In Germany, experiments with hepatitis virus have been carried
out by Eppinger, Vogt, Esser, and Lembel and no incidents
occurred. All experiments took place without ill effects. This
is, of course, very limited experimental material, but material
concerning hundreds of cases which permit a more accurate
judgment has been published in England and America. Up to date I
have knowledge of about 60 experiments on human beings for
hepatitis and no single incident has been reported yet.”
The prosecuting counsel furnished no proof in this trial that infection
experiments with jaundice organisms on unwilling persons took place at
all in the concentration camps. Whereas in the case of the other facts
the prosecution produced medical records or a witness to prove that such
experiments had been carried out, this was not possible with regard to
epidemic jaundice. Proof was limited to the presentation of documents
which one must admit might have given any layman, or even a doctor who
was not a hygienist or a clinical physician, the impression that the
experiments in question must have been dangerous. The letter of Dr.
Grawitz dated 1 June 1943 to Himmler (_NO-010, Pros. Ex. 187_) contains
the sentence, “We must expect deaths.”
According to the expert opinions expressed by Rose, Gutzeit, and Hoering
this view is incorrect and incomprehensible. The experts exclude in
practice all possibility of death. Rose declares (_German Tr. p. 6455_):
“Grawitz, who had only concerned himself for years with the
business of administration, did not have sufficient
understanding of the matter,” or “that he was cautious to an
exaggerated degree * * *.”
Professor Gutzeit (_German Tr. p. 2764_) says of Document NO-010,
Prosecution Exhibit 187:
“The only way I can explain it to myself is that Grawitz himself
was not sufficiently informed about this jaundice, the course of
the disease, and its danger. Certainly Grawitz was no specialist
on this matter, this jaundice, and has for a considerable time
been out of touch with practical medicine.”
Professor Gutzeit gives the mortality figure for jaundice as less than
0.1 percent; finally he declares (_German Tr. p. 2762_) that severe pain
and suffering, such as mentioned in the indictment, do not occur when a
patient is injected with jaundice organisms. A layman can also
understand that over-injection can only produce at the most the disease
itself, the effects of which have already been represented as harmless.
As already stated, the prosecution furnished no concrete assertions that
the intended experiments were made in Sachsenhausen. Here we are
speaking of the time from June 1942. At this time Stabsarzt Dr. Dohmen
was allowed to work in the concentration camp at Sachsenhausen in
accordance with permission given by Himmler. Professor Gutzeit worked
together with Stabsarzt Dr. Dohmen insofar as he conducted the hepatitis
research work from the clinical side, while Dr. Dohmen was occupied with
basic bacteriological research, in the Robert Koch Institute where he
was stationed at the time in question and worked under Professor
Gildemeister. Evidence was given by Professor Rose (_German Tr. p.
6468_) and Dr. Lentz. (_Rose 16, Rose Ex. 12._)
As a result of the mutual exchange of experience which took place, we
must assume that Professor Gutzeit was informed about Dohmen’s research
work in this field. Gutzeit also testified upon oath what Dohmen had
reported to him about his activity in Sachsenhausen. According to this,
Dohmen was only able to escape pressure from Himmler and Grawitz to
leave him his breeding stocks by apparently acceding to the offer that
he should conduct experiments in Sachsenhausen, but in actual fact
undertaking experiments only on prisoners of concentration camps which
could be carried out without any risk of bodily harm or loss of life.
In like manner the prosecution was obliged to furnish proof with regard
to the experiments asserted to have been made on concentration camp
prisoners in Natzweiler. The only witness provided by the prosecution
for this, a woman by the name of Eyer, did _not_ confirm what the
prosecution affirmed, namely that experiments intended by Professor
Haagen in the research into hepatitis had been carried out in the
concentration camp at Natzweiler. (_German Tr. p. 1765._)
Dr. Cording testified in an affidavit submitted by Professor Rose:
“For my training in the study of hygiene and bacteriology I was
detailed in February 1944 to the Hygiene Institute of Strasbourg
University where I was engaged, until the military occupation of
the town on 23 November 1944, almost exclusively on work
connected with hepatitis (series of inoculations of mice and
proof of virus in the organs of mice) under Professor Haagen.”
* * * * *
“It did not come to my ears that during the time I was in
Strasbourg experiments with hepatitis were made on human beings
within the framework of this cooperation. In the middle of July
1944 Stabsarzt Dr. Dohmen went from Giessen to visit Professor
Haagen in Strasbourg for about 2-3 days. During this time he saw
for himself in the Institute the results obtained from our
research work in hepatitis. He confirmed that the results of his
experiments had been similar but that all his research material
had been destroyed in an air raid on Berlin. At present he was
busy in Giessen making a fresh start with his own experiments.
“I know for a fact that Dr. Dohmen was not in Natzweiler during
the time of his visit to Strasbourg. I know nothing of any
further cooperation between Professor Haagen and Dr. Dohmen.”
Thus it is proved that Dr. Dohmen was not at the Natzweiler
concentration camp and did not take part in any experiments on human
beings there in this particular branch of medicine. In correcting his
affidavit (_NO-371, Pros. Ex. 186_) the defendant Rudolf Brandt declared
upon oath that he had no knowledge that these experiments had been
carried out in Sachsenhausen and that some of the prisoners died. In
like manner he revoked his evidence concerning the cooperation of Dr.
Dohmen and Dr. Haagen in the Natzweiler concentration camp and declared
that no facts were known to him about this. (_German Tr. pp.
1990-1993._) Finally Rudolf Brandt declared in his affidavit (_Handloser
11, Handloser Ex. 35_) that no facts were known to him from which could
be deduced that the defendant Handloser had any knowledge of the
experiments in Sachsenhausen and Natzweiler.
If one also takes into consideration Professor Gutzeit’s testimony that
Professor Handloser had reported nothing about Dohmen working in the
concentration camp in Sachsenhausen or of his activity there, the
following emerges: Professor Handloser’s answer is correct that he had
no knowledge that experiments with epidemic jaundice were conducted on
human beings in the concentration camps of Sachsenhausen and Natzweiler.
On the other hand Professor Handloser declares that he had a
considerable interest in the hepatitis research work, as it is also
established that not only his consulting physician Gutzeit but also
numerous other offices had concerned themselves with hepatitis research.
Professor Handloser gave reasons, confirmed by Professor Gutzeit, why
he, as medical officer responsible for the management of health matters
in the army, had the duty to give importance to the research in order to
find out what caused epidemic jaundice. As far as Handloser knew, this
research was carried out in accordance with recognized medical practice,
i. e., by experiments on animals and on the persons of the experimenters
themselves; likewise by unobjectionable clinical examinations of human
beings.
This also emerges from the hepatitis meeting of June 1944 in Breslau.
Professor Gutzeit also reported about this meeting and declared upon
oath that six or seven different hepatitis research workers had given
reports on their experiments and the results obtained. Nothing was said
about experiments on human beings. From this Professor Handloser, who
took part in the meeting which included the military and civilian
sector, must have gained the impression that research into hepatitis was
conducted in a generally recognized medical fashion.
As it could not be established at this meeting whether the organisms
bred by the various offices were identical, or whether it was a question
of different viruses (_German Tr. p. 2737_), the suggestion made by
Generalarzt Dr. Schreiber, who as the delegate of the Reich Research
Council for the combat of epidemics was the chairman of the meeting, was
to the point and served the purpose. His suggestion was that various
working groups for hepatitis research be formed in order that results
obtained on each side might be compared. On both direct and
cross-examination, Professor Gutzeit gave a convincing explanation for
his letter of 24 June 1944 (_NO-124, Pros. Ex. 193_), in which he speaks
of the experiments “_crucis ad hominem_.” He declared that he had
prepared with his students and candidates a vaccination with the virus
material placed at his disposal in Breslau. (_German Tr. pp.
2739-2740._)
Dr. Dohmen’s visit to Strasbourg, which was requested by Haagen, was to
have been made in compliance with the suggestion of Dr. Schreiber to
form a circle of research groups.
* * * * *
d. Evidence
_Prosecution Documents_
Pros. Ex.
Doc. No. No. Description of Document Page
NO-371 186 Affidavit of defendant Rudolf Brandt, 14 503
October 1946, concerning experiments to
determine the cause of epidemic jaundice.
NO-011 188 Note from Himmler to Grawitz, 16 June 1943, 504
concerning epidemic jaundice experiments
at concentration camp Sachsenhausen.
NO-299 190 Letter from Haagen to Schreiber, 12 June 505
1944, concerning epidemic jaundice
experiments.
NO-125 194 Copy of letter from Haagen to Gutzeit, 27 506
June 1944, concerning epidemic jaundice
experiments on human beings.
_Testimony_