a. Introduction
The defendants Rudolf Brandt and Sievers were charged with criminal
responsibility and participation in plans and enterprises, involving the
murder of civilians and members of the armed forces of nations at war
with the German Reich, and specifically with the murder of 112 Jews for
the purpose of completing a skeleton collection for the Reich University
at Strasbourg (par. 7 of the indictment). On this charge both defendants
were convicted.
The prosecution’s summation of the evidence and argumentation on the
Jewish skeleton collection is contained in its closing brief against the
defendant Sievers. An extract from this brief is set forth below on
pages 739 to 741. A corresponding summation of the evidence by the
defense has been selected from the closing brief for the defendant
Sievers. It appears below on pages 741 to 747. This argumentation is
followed by selections from the evidence on pages 748 to 759.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST
DEFENDANT SIEVERS_
* * * * *
_Skeleton Collection_
In response to a request by the defendant Rudolf Brandt, on 9 February
1942, Sievers submitted to him a report by Dr. Hirt of the University of
Strasbourg on the desirability of securing a collection of Jewish
skeletons. (_NO-085, Pros. Ex. 175._) In this report, Hirt advocated
outright murder of “Jewish Bolshevik Commissars” for the procurement of
such a collection. He stated:
“By procuring the skulls of the Jewish Bolshevik Commissars, who
personify a repulsive, yet characteristic subhumanity, we have
the opportunity of obtaining tangible scientific evidence. The
actual obtaining and collecting of these skulls _without_
difficulty could be best accomplished by a directive issued to
the Wehrmacht in the future to immediately turn over alive all
Jewish Bolshevik Commissars to the field police.”
These units were to report to a special office which would send out
specialists to have photographs and anthropological measurements taken
and ascertain the origin, birth date, and other personal data of the
victims. Hirt further stated:
“Following _the subsequently induced death_ of the Jew, whose
head must not be damaged, he will separate the head from the
torso and will forward it to its point of destination in a
preserving fluid in a well-sealed tin container especially made
for this purpose. On the basis of the photos, the measurements,
and other data on the head and, finally, the skull itself,
comparative anatomical research, research on racial
classification, pathological features of the skull formation,
form and size of the brain, and many other things can begin. In
accordance with its scope and tasks, the new Reich University of
Strasbourg would be the most appropriate place for the
collection of and research upon these skulls thus acquired.”
[Emphasis supplied.]
On 27 February 1942, Brandt informed Sievers that Himmler would support
Hirt’s work and would place everything necessary at his disposal. Brandt
requested Sievers to inform Hirt accordingly and to report again on
Hirt’s work. (_NO-090, Pros. Ex. 176._)
Hirt’s murderous and inhuman plan was carried out in a way which
differed but slightly from the suggestion made in his preliminary
report. (_NO-085, Pros. Ex. 175._) The proof has shown that it was
decided to preserve the whole skeletons of the victims rather than
merely the skulls. On 2 November 1942 Sievers requested Brandt to make
the necessary arrangements with the Reich Security Main Office for
providing 150 Jewish inmates from Auschwitz to carry out this plan.
(_NO-086, Pros. Ex. 177._) On 6 November Brandt informed Adolf Eichmann,
the Chief of Office IV-B-4 (Jewish affairs) of the Reich Security Main
Office to put everything at Hirt’s disposal which was necessary for the
completion of the skeleton collection. (_NO-089, Pros. Ex. 179._)
From Sievers’ letter to Eichmann of 21 June 1943, it is apparent that SS
Hauptsturmfuehrer Beger, a collaborator of the Ahnenerbe Society,
carried out the preliminary work for the assembling of the skeleton
collection in the Auschwitz concentration camp on 79 Jews, 30 Jewesses,
2 Poles, and 4 Asiatics. In this letter, Sievers stated that Beger had
to interrupt his work because of the danger of infectious diseases in
the camp. Sievers requested that the inmates on whom Beger had carried
out this work be transferred to the Natzweiler concentration camp
because further activities in Auschwitz were impossible due to the
danger of infection. Special accommodation for the thirty women was to
be provided in the Natzweiler concentration camp “_for a short period_”.
[Emphasis added.] (_NO-087, Pros. Ex. 181._)
The statement of the camp commandant of the Natzweiler concentration
camp, SS Hauptsturmfuehrer Josef Kramer, reveals that approximately 80
inmates of the Auschwitz concentration camp, among them females, were
transferred to the Natzweiler concentration camp and killed there by gas
at the request of Hirt in the beginning of August 1943. A special gas
chamber had been built for this purpose. The corpses of the victims were
sent in three shipments to the Anatomical Institute of Hirt in
Strasbourg University. (_NO-807, Pros. Ex. 185._) This evidence is
corroborated by the testimony of the witness Henripierre. He testified
that in the beginning of August 1943, the principal autopsy technician
of the Anatomical Institute, Bong, received the order from Hirt to
prepare the tanks in the cellar of the Institute for approximately 120
corpses. At intervals of a few days, three shipments of corpses, 30
female, 30 male, and 26 male, arrived by truck from an unknown place.
All of these victims were Jewish. These corpses were preserved in the
cellar of the Anatomical Institute in the tanks prepared by Bong. (_Tr.
pp. 712-4._) See also the affidavit of Wagner. (_NO-881, Pros. Ex.
280._) As proved by the Sievers’ diary, Beger was ordered to prepare
plaster casts of the victims. (_3546-PS, Pros. Ex. 123._)
Early in September 1944, when the Allied armies were threatening
Strasbourg, Sievers approached the defendant Brandt with the request for
instructions as to what should be done with the Jewish bodies which were
still stored in the tanks in the cellar of the Anatomical Institute. He
informed Brandt that Hirt would be able to “de-flesh” the corpses and
thus render them unrecognizable, but in this case part of the work would
have been done in vain “and it would be a great scientific loss for this
_unique collection_ because casts could not be made afterwards. The
skeleton collection is not conspicuous. Viscera could be declared as
remnants of corpses, apparently left in the Anatomical Institute by the
French and ordered to be cremated.” Sievers requested a directive from
Brandt whether the collection should be preserved, partly dissolved, or
completely dissolved. (_NO-088, Pros. Ex. 182._)
From the memorandum of SS Hauptsturmfuehrer Berg, and his telephone
conversation with Sievers on 15 October 1944, it is apparent that it was
first decided to destroy the evidence of these brutal crimes, but with a
temporary improvement in the military situation, this decision was
rescinded. Sievers informed Berg on 21 October 1944 that, in compliance
with the orders he had received previously, the dissolution of the
collection had been completed. (_NO-091, Pros. Ex. 183._) But such was
not the case. Hirt had ordered Bong and his assistant, Meyer, to cut up
the 86 corpses and have them cremated in the Strasbourg crematorium, but
these two men alone were unable to carry out this enormous task. A
number of corpses remained un-dissected and were left in the tanks,
together with partially dissected corpses, in order to create the
impression that they were used for normal anatomical research. (_Tr. p.
715; NO-881, Pros. Ex. 280._)
The pictures of these corpses and of the gas chambers in the Natzweiler
concentration camp, where the victims of the Jewish skeleton collection
were murdered, taken by the French authorities after the liberation of
Strasbourg, tell the grim story of this mass murder more vividly than
witnesses and documents ever could. (_NO-483, Pros. Ex. 184_; _NO-807,
Pros. Ex. 185_.)
* * * * *
c. Selection from the Argumentation of the Defense
_EXTRACTS FROM THE CLOSING BRIEF FOR
DEFENDANT SIEVERS_
* * * * *
In 1943 a collection of Jewish skeletons was set up in the Anatomy
Department of the Reich University of Strasbourg according to plans
which had been prepared in 1941 by Himmler and the Director of this
Anatomy Department, Professor Dr. Hirt. The skeletons were to be
obtained by selecting the required number of persons in the
concentration camp at Auschwitz from among the Bolshevist commissars who
had been taken prisoner in the campaign against the Soviet Union. The
liquidation of the persons chosen took place in the concentration camp
at Natzweiler.
Whether the liquidation entailed a death which was deserved or
undeserved on the part of the persons chosen depends upon whether the
“Commissar Order,” which was the basis of the liquidation, can be
regarded as legal and permissible or not. A detailed examination of this
question can be excluded here, since subjective grounds are of decisive
significance in this connection.
Sievers did _not_ take part personally _either in the selection or in
the liquidation_ of those persons designated for the skeleton
collection. The choosing was undertaken by a certain Dr. Beger in the
concentration camp at Auschwitz. (_NO-087, Pros. Ex. 181._) Sievers
himself was never in Auschwitz. The liquidation took place in the
concentration camp at Natzweiler. The _earliest date_ at which the
liquidation could have taken place is shown by the date of the
aforementioned document which is dated 21 June 1943. After 23 January
1943, Sievers was no longer in Natzweiler. Therefore, any personal
participation of Sievers in the selection as well as the liquidation is
out of the question.
We must now examine whether the setting up of the skeleton collection
and the associated liquidation of those persons selected took place on
Sievers’ orders or instructions—
The _prosecution_ has submitted and read:
Letter of the Reichsgeschaeftsfuehrer of the Ahnenerbe to
Brandt, dated 9 February 1942, with a report from Dr. Hirt in
which the latter suggests a collection of skulls for the
University of Strasbourg which was to be obtained from
Jewish-Bolshevist Commissars. (_NO-085, Pros. Ex. 175._)
Letter of Brandt to Sievers, dated 27 February 1942, with the
report that the Reich Leader SS is quite interested in the work
of Professor Hirt and will place at his disposal everything
which he requires for his experiments. (_NO-090, Pros. Ex.
176._)
Letter of the Reichsgeschaeftsfuehrer of the Ahnenerbe to Dr.
Brandt, dated 2 November 1942, regarding the requisition of 150
skeletons of prisoners for certain anthropological examinations.
(_NO-086, Pros. Ex. 177._)
Personal staff Reich Leader SS to Reichssicherheitshauptamt
(Main Office for the Security of the Reich), dated 6 November
1942, regarding transmission of the order of the Reich Leader SS
to make possible the construction of the skeleton collection as
planned. (_NO-089, Pros. Ex. 179._)
Letter of the personal staff Reich Leader SS to the Ahnenerbe,
dated 3 December 1942, regarding remedying of deficiencies
through SS Obergruppenfuehrer Pohl. (_NO-092, Pros. Ex. 180._)
Letter of the Institute for Military Scientific Research of the
Reichssicherheitshauptamt (Main Office for the Security of the
Reich), dated 21 June 1943, regarding the transfer of the 115
persons selected by SS Hauptsturmfuehrer Beger in the
concentration camp at Auschwitz. (_NO-087, Pros. Ex. 181._)
Telegram of the personal staff, office “A”, to Dr. Brandt, dated
5 September 1944, regarding the procurement of instructions as
to what should happen to the collection in the event Strasbourg
should be endangered. (_NO-088, Pros. Ex. 182._)
Two memoranda of Berg, dated 15 and 26 October 1944, regarding
the breaking up of the collection. (_NO-091, Pros. Ex. 183._)
Several entries in the diary of Sievers, 1943-44.
A letter of Sievers to Dr. Hirt, dated 3 January 1942, has been
offered by the prosecution. (_NO-3629, Pros. Ex. 547._) This
letter contains the request of Himmler to Hirt to make available
to him a detailed report regarding his experiments which then
could serve as basis for a conference.
Letter of the Reich Business Manager to Dr. Hirt, dated 29
October 1942, regarding the granting of subsidies for research
activities. (_NO-3819, Pros. Ex. 550._)
In this respect, _counsel for the defense_ declares:
The idea of setting up a skull collection of Jewish-Bolshevist
Commissars initiated with Dr. Hirt, director of the Anatomy Department
of the University of Strasbourg. Dr. Hirt himself submitted to Himmler
the suggestion for setting up such a collection. (_Tr. p. 5704._) The
suggestion received Himmler’s complete assistance. Himmler issued
instructions to place everything at Hirt’s disposal which he required
for his experiments. (_NO-090, Pros. Ex. 176._) In addition to this,
Himmler issued an order through his personal staff on 6 November 1942
that everything necessary will be placed at the disposal of Professor
Dr. Hirt. (_NO-089, Pros. Ex. 179._)
It can be seen from the letter of the personal staff of the Reich Leader
SS to the Reich Business Manager of the Ahnenerbe, dated 25 March 1942,
how energetically Himmler favored the experiments of Dr. Hirt. This
letter states:
“In this connection, please get in touch with Hirt as soon as
possible and consider further how Hirt can best be brought
closer to us.” (_Sievers 53, Sievers Ex. 49._)
It can be seen further from the direct examination of Sievers that Dr.
Hirt was a confidant of Himmler, for Sievers was able to establish this
fact as early as 1936 and in the subsequent years had an opportunity to
repeat this observation. (_Tr. pp. 5706-7._)
This can also be established by means of the conference which took place
at Easter 1942 regarding the course of which Sievers has given a
detailed description. Among other things, Sievers called attention to
the fact that Hirt and his anatomical collection, which was a University
matter, did not concern the Ahnenerbe in any way.
Himmler became quite active after this aggressive action of Sievers,
following which the latter requested an order in writing. (_Tr. p.
5715._)
In this connection, the order of Himmler, dated 7 July 1942, must also
be mentioned. Figure 2 reads as follows (_NO-422, Pros. Ex. 33_):
“I order the Ahnenerbe
“1. * * *
“2. To aid in every possible manner the research activities of
SS Hauptsturmfuehrer Professor Dr. Hirt and in the same way
promote all the experiments and work pertinent to same.”
These facts were necessary in order to clarify matters for the chief
instigators, Himmler and Hirt. Everyone cognizant of the conditions
knows that it was also impossible in this case to act in any way
contrary to the orders issued by Himmler.
Until the Easter conference of 1942, Sievers knew nothing of the
Commissar Order; Himmler at that time showed him pictures of Bolshevist
Commissars, men and women who had been arrested, as well as pictures of
German soldiers and civilians who had been killed and mutilated in the
most horrible manner by these male and female monsters. This influenced
Sievers’ attitude toward the “Commissar Order,” the contents of which he
learned in outline at that time. The original text of the “Commissar
Order” could not be produced during the Goering[85] trial. For a
clarification of the contents of this order, counsel for the defense
refers to the—
“Directives for the commands of the Chiefs of the Security
Police and of the Security Service (SD) to be transferred to the
Stalags.” (_Sievers 54, Sievers Ex. 50._)
As in the other cases, Sievers’ activity consisted in forwarding
correspondence, whether it came from “above,” that is, Himmler, Rudolf
Brandt, or from Hirt or other third parties. It can be shown
conclusively that he himself issued no instructions and orders and
thereby exercised no decisive activity.
The suggestion to set up a Jewish-Bolshevist skull collection did not
originate with Sievers but with Dr. Hirt. The order for this was issued
by Himmler, who also ordered that Hirt should be granted all possible
assistance.
Himmler requested information about the anthropological experiments of
Dr. Hirt from Sievers and ordered the presentation of a report from Dr.
Hirt. Thereafter, Sievers submitted, on 9 February 1942, the report
requested again by Dr. Brandt on 29 December 1941.
* * * * *
After his meeting with Hirt in May 1941 and his brief report to Himmler,
Sievers obviously did not concern himself further with the entire
matter, until Himmler, in his letter dated 29 December 1941, requested a
detailed report from Hirt through Dr. Brandt. This can be seen from the
reference memorandum of Sievers dated 9 February 1942 in his letter of 9
February 1942 to R. Brandt (_NO-085, Pros. Ex. 175_) and was also stated
by Sievers on direct examination. (_Tr. p. 5704._) At that time, Himmler
imparted the information which Sievers passed on to Hirt in his letter
of 3 January 1942. In this letter, the question of a Jewish-Bolshevist
skull collection was never mentioned but simply the matter of
anthropological experiments. It is generally known that the carrying out
of anthropological experiments forms a part of the chief duties of every
anatomical institute, and also that such experiments are conducted on
designated groups of persons, and that persons who have been executed
are turned over to anatomical institutes for research purposes. Upon the
request of Hirt for assistance in his anthropological experiments,
Himmler immediately made a corresponding offer; as the competent chief
of the German police, he was in a position to do so. And Sievers, at
that time, need not have assumed, by any stretch of the imagination that
the experimental subjects were to be killed for this purpose. On the
basis of the general practice, he could perhaps more easily assume that
only the corpses of those legally condemned to death and legally
executed would be considered for the experiments of Hirt. Today we know
that it was compatible with his criminal mentality insofar as human
experiments and the like were concerned. At that time, the latter part
of 1941, no one who, like Sievers, had not up to this time come in
contact with experiments on human beings could have suspected in advance
that in this case it would be a question of criminal acts.
In addition, there was no provision made at all at this time for Hirt’s
working in connection with the Ahnenerbe. In his letter of 3 January
1942 to Hirt, Sievers writes:
“In order to effect your transfer to the Ahnenerbe, that is, to
the Personal Staff of the Reich Leader SS, I would like some
information from you.”
Naturally, Himmler wanted Hirt to be as close to him as possible, but in
reference to the transfer Sievers adds: “* * * that is, to the Personal
Staff of the Reich Leader SS”, for neither Sievers nor Hirt assumed that
Hirt would receive the support of Himmler through the Institute for
Humanistic Studies of the Ahnenerbe of all things. This was also
testified to by Sievers on direct examination. (_Tr. pp. 5715 6._)
Not until later did Hirt’s connection with the Ahnenerbe develop as a
result of the personal and extraordinary urging of Himmler, as can be
proved by the two letters, dated 27 February 1942 (_NO-090, Pros. Ex.
176_), and 25 March 1942 (_Sievers 33, Sievers Ex. 49_). On the basis of
these letters and the efforts of Himmler, Sievers then lodged a protest
with Himmler at Easter, 1942—5 April—as he set forth in detail on
direct examination. (_Tr. pp. 5714-15._)
As a matter of fact, Hirt did not become a member of the Ahnenerbe until
the fall of 1942, as can be seen from the prosecution rebuttal Document
NO-3819, Prosecution Exhibit 550.
The rebuttal documents submitted by the prosecution in this matter do
not, therefore, refute the testimony of Sievers on his direct
examination, but _confirm them_, which is also shown by the affidavits
of Frau Dr. Schmitz (_Sievers 45, Sievers Ex. 46_; _Sievers 55, Sievers
Ex. 51_), and is shown in a further summary in the affidavit of Sievers.
(_Sievers 64, Sievers Ex. 59._)
Letter of the Chief of the Security Police (SIPO) and of the Security
Service (SD) dated 9 November 1941, regarding the transportation of the
Soviet-Russian prisoners of war, who were to be executed, to the
concentration camps (_1234-PS, Pros. Ex. 555_):
It can be seen from this document that Soviet-Russian prisoners of war
who were to be executed were taken to the concentration camps. Although
the Commissar Order was not known to Sievers in detail, it follows from
the context of the Easter conference of 1942, which Sievers had with
Himmler, that Soviet-Russian Commissars were affected by this order. At
that time, it was generally known in the German Wehrmacht and also among
the German civilian population that there were female commissars in the
Soviet-Russian Army who evidenced an unusual degree of fanaticism. It
was also known that strong gangs of insurgents were being formed behind
the German front line, who were conducting a ruthless and brutal war
against members of the German Wehrmacht of both sexes contrary to all
the rules of international law. In the ranks of these gangs there were
many riflewomen who, in complete accordance with the provisions of
international law, were condemned to death. In this respect, it must be
stated that all or the great majority of the Soviet-Russian Commissars
did not commit crimes against international law. However, there can be
no doubt that within their great numbers, a certain number could have
also been found who could have committed such crimes. Since the number
of skeletons requested by Hirt was small, Sievers could assume that only
such criminals could be considered for the collection.
Therefore, it cannot be argued that Sievers must in any case have
assumed from the letter dictated by Dr. Beger to the Reich Security Main
Office, dated 21 June 1943, that the persons who had been chosen by Dr.
Beger in the concentration camp at Auschwitz were to be liquidated
without trial or without any legal basis. It was not the duty of Sievers
to check this matter. Here we must examine only whether Sievers in any
case is bound to have recognized that the proceedings were illegal or
whether he could rely on the fact that there existed a legal basis for
the liquidation ordered by Himmler. Considering the war conditions in
the East, Sievers could assume the latter fact without further ado.
These statements are only made in case it should be assumed that Sievers
had the obligation to examine this independently. We think, however,
that someone who was only engaged in a subordinate position was entitled
to rely on the legality of the decisions of his superior.
* * * * *
d. Evidence
_Prosecution Documents_
Doc. No. Pros. Ex. No. Description of Document Page
NO-085 175 Letter from Sievers to Rudolf Brandt, 9 748
February 1942, and report by Hirt
concerning the acquisition of skulls
of Jewish-Bolshevik Commissars.
NO-086 177 Letter from Sievers to Rudolf Brandt, 2 750
November 1942, requesting with
Himmler’s approval, 150 skeletons.
NO-087 181 Letter from Sievers to Eichmann (copy to 751
Rudolf Brandt), 21 June 1943,
concerning selection of subjects for a
skeleton collection.
NO-807 185 Tank containing formaldehyde for the 905
preservation of corpses; corpses
assembled in tanks prior to
dissection; corpse showing incisions
in preparation for dissection. (_See
Selections from Photographic Evidence
of the Prosecution._)
_Defense Documents_
Doc. No. Def. Ex. No. Description of Document Page
Sievers 45 Sievers Ex. 46 Extract from the affidavit of Dr. Gisela 752
Schmitz, 27 March 1947, on Sievers’
position in the Ahnenerbe Society and
his connection with the skeleton
collection.
Sievers 54 Sievers Ex. 50 Regulations for the Commandos 754
(Einsatzkommandos) of the Security
Police and the Security Service to be
activated in Stalags.
_Testimony_