a. Introduction
The defendants Blome and Rudolf Brandt were charged with participation
in and responsibility for the murder and mistreatment of tens of
thousands of Polish Nationals allegedly infected with incurable
tuberculosis (par. 8 of the indictment). On this charge both defendants
were acquitted.
The prosecution’s summation of the evidence and argumentation on this
charge is contained in its closing brief against the defendant Blome. An
extract from this brief is set forth below on pages 760 to 763. A
corresponding summation of the evidence by the defense has been selected
from the final plea for the defendant Blome. It appears below on pages
763 to 768. This argumentation is followed by selections from the
evidence on pages 769 to 794.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST
DEFENDANT BLOME_
* * * * *
_Personal Participation in Criminal Activities—Murder and Mistreatment of
Polish Nationals_
By 1941 it was the accepted policy of the Third Reich to exterminate the
Jewish population of Germany and the occupied countries. (IMT
judgment.[89]) In pursuance of this policy the Reich Governor of the
Warthegau, Greiser, obtained permission from Himmler to exterminate the
Jewish population in this province. In a letter of 1 May 1942, he
informed Himmler that the “special treatment” of about 100,000 Jews
would be completed within 2 to 3 months. He stated that as soon as this
task was completed, the “existing and efficient special commandos” could
be used for the extermination of approximately 35,000 Polish Nationals
who suffered from open tuberculosis. These Poles allegedly were a danger
to the German officials and their families because they were a possible
source of tubercular infection. Greiser went on to say:
“The ever-increasing risks were also recognized and appreciated
by the deputy of the Reich Health Leader for Public Health
[Reichsgesundheitsfuehrer] Comrade Professor Dr. Blome as well
as by the leader of your X-ray battalion, SS Standartenfuehrer
Prof. Dr. Hohlfelder.
“Though in Germany proper it is not possible to take appropriate
draconic steps against this public plague, I think I could take
responsibility for my suggestion to have cases of open
tuberculosis exterminated among the Polish race here in the
Warthegau. Of course, only a Pole should be handed over to such
an action who is not only suffering from open tuberculosis, but
whose incurability is proved and certified by a public health
officer.
“Considering the urgency of this project I ask for your approval
in principle as soon as possible. This would enable us to make
the preparations with all necessary precautions now to get the
action against the Poles suffering from open tuberculosis under
way, while the action against the Jews is in its closing
stages.” (_NO-246, Pros. Ex. 196._)
In a letter of 27 June 1942 Himmler gave consent in principle to this
plan and instructed Greiser to discuss the individual measures in detail
with the security police first, in order to assure an inconspicuous
accomplishment of the task. (_NO-244, Pros. Ex. 201._) On 21 November
1942 Greiser informed Himmler that the examinations which were to be
carried out in order to separate the curable and incurable would be
executed by Professor Hohlfelder and his X-ray battalion. He estimated
that the first utilization of the method would be in approximately six
months. He further stated:
“In this stage of the proceedings, Professor Dr. Blome, in his
capacity as Deputy Chief of the Public Health Office [Hauptamt
fuer Volksgesundheit] of the NSDAP is raising some objections as
to its execution, as he states in a letter of 18 November. These
objections are expressed only now, although Dr. Blome and Dr.
Hohlfelder and myself have spent months of preliminary work on
examination, clarification, and straightening out the whole
procedure.
“I enclose a copy of Blome’s letter of 18 November for your
information * * *.” (_NO-249, Pros. Ex. 202._)
In this letter, Blome stated that among the Polish population of the
province, at least 35,000 persons were suffering from open tuberculosis,
and besides this number, about 120,000 consumptives were in need of
treatment. This constituted an enormous danger to the German settlers in
all parts of the province. In order to make further German immigration
possible, counter measures were to be taken soon. Blome then outlined
the three ways for the practical elimination of the danger of infection:
“1. Special treatment [Sonderbehandlung] of the seriously ill
persons.
“2. Most rigorous isolation of the seriously ill persons.
“3. Creation of a reservation for all tubercular patients.”
As to the first proposal he stated:
“The approximately 35,000 Poles who are incurable and infectious
will be ‘specially treated’. All other Polish consumptives will
be subjected to an appropriate cure in order to save them for
work and to avoid their causing contagion.” (_NO-249, Pros. Ex.
202._)
Blome pointed out that one of the practical difficulties of outright
extermination of all tubercular Poles was that it might provide
excellent propaganda material for the enemies of Germany, especially
with regard to the strong Catholic feelings of the Italian nation and
“all the physicians of the world.” He therefore considered it necessary
that Hitler himself personally decide on this step. Should Hitler
consider this radical solution as unsuitable, preparations for the
execution of the plan as outlined in points 2 and 3 should be made. The
exclusive settlement of all tubercular Poles, irrespective of whether
they were curable or incurable, would remove the danger of infection for
the German settlers. These Poles should be used for labor. Not only the
tubercular Poles of the Warthegau, but also those in Danzig-West
Prussia, those of the administrative district of Zichenau, and of the
Province of Upper Silesia should be isolated in the same settlement. He
stated:
“Another solution to be taken into consideration would be a
strict isolation of all the infectious and incurable
consumptives, without exception, in nursing establishments.
_This solution would lead to the comparatively rapid death of
the sick._ With the necessary addition of Polish doctors and
nursing personnel, the character of a pure death camp would be
somewhat mitigated.” (_NO-249, Pros. Ex. 202._)
Finally Blome advocated as the most practicable solution the creation of
a reservation similar to the reservation for lepers. Within the
reservation, the strict isolation of the strongly contagious could
easily be achieved. In this way the danger of infection would be removed
and the problem of the German consumptives in the province would be
overcome. (_NO-250, Pros. Ex. 203._) Blome admitted that the expression
“special treatment” which he used in the letter meant the killing of the
tubercular Poles. (_Tr. p. 4791._)
Himmler approved Blome’s plan to create a reservation for tubercular
Poles, incurable and curable alike, in a letter to Greiser dated 3
December 1942. It would be possible to exploit this action for
propaganda purposes, whereas on the other hand, outright extermination
of those inflicted with open tuberculosis would take too long, as the
X-ray examinations of the Polish population would require at least six
months. (_NO-251, Pros. Ex. 204._)
That at least some of the tubercular Poles were exterminated, while the
others were taken to death camps where they were left to die, is proved
by the affidavit of the defendant Rudolf Brandt. (_NO-441, Pros. Ex.
205._) Brandt tried to explain, not to say repudiate, this affidavit by
testifying that he made the statements on the basis of documents shown
to him in pretrial interrogations. He stressed the point, however, that
he insisted the wording of one sentence be changed. This sentence
originally read: “As a result of the suggestions made by Blome and
Greiser, 8-10,000 Poles were exterminated”! He changed the expression
“8-10,000” to “numerous.” (_Tr. pp. 4890, 4953._) This proves in itself
that Brandt did not make his statement in exclusive reliance on the
contents of the documents shown to him in pretrial interrogations (_Tr.
p. 4891_) but also on the basis of the knowledge he obtained as
collaborator of Himmler. The documents do not show the execution of
“numerous” Poles. Moreover, Brandt states in these documents that Dr.
Blome visited Himmler from time to time and supported Greiser’s
suggestions. There is no document in evidence or in the possession of
the prosecution which would give the basis for this statement. It is,
therefore, clear that Brandt’s statements are founded upon knowledge
which he obtained from Himmler.
Without a doubt, Rudolf Brandt is as well advised on the crimes which
are the subject of this trial as any man in Germany. There is no reason
whatever for refusing to give full weight to the pretrial statements of
Brandt. There has been no proof that these statements were obtained by
fraud or duress. Brandt’s testimony before the Tribunal can be summed up
in one sentence: “I remember nothing.” Aside from a description of
Himmler’s personality, he contented himself with giving answers to
leading questions by his attorney which were calculated to reveal him as
a disembodied stenographic automaton—something in the nature of a
proficient half-wit. Surely his pretrial affidavits are entitled to more
weight than the blatant nonsense which was his testimony.
Blome denied that he ever planned or suggested that Poles suffering from
open tuberculosis should be exterminated and that the remainder should
be put in reservations and left there to die (_Tr. pp. 4578, 4790-1_)
but he is contradicted by the proof of his own making.
* * * * *
c. Selection from the Argumentation of the Defense
_EXTRACT FROM THE FINAL PLEA FOR THE DEFENDANT
BLOME_[90]
* * * * *
Probably the most serious accusation against Dr. Blome seemed to be the
allegation that he had proposed the murder of 25,000-30,000 tubercular
Poles and had taken part in carrying out this plan. The evidence clearly
shows, however, that this accusation is quite unfounded. I maintain on
the contrary (_a_) it is not true that Dr. Blome approved or supported
this murderous plan, and (_b_) it is also untrue that this plan was ever
carried out. It is true, however, that it was Dr. Blome himself who
prevented this devilish plan. It was Dr. Blome who, by his clever
intervention saved the lives of the 25,000-30,000 tubercular Poles who
were to be “liquidated.”
The documents show that this plan originated with Gauleiter Greiser and
Reich Leader SS Himmler. Blome was then assigned to this matter because
it was known that he had for many years made the fight against
tuberculosis the aim of his life, and because he built his cancer
institute in the same Gau which Gauleiter Greiser governed. Blome stated
his attitude to this plan clearly at the time in the well-known letter
of 18 November 1942. (_NO-250, Pros. Ex. 203._) He discussed the three
possibilities which existed and explained the pro’s and con’s of each of
these three possibilities in detail. These three possibilities were
either “Liquidation,” i. e., the murder of those Poles suffering from
incurable tuberculosis, their internment in isolated institutions, or
lastly, their settlement in a reservation. In his letter of 18 November
1942 (Appendix 25) he definitely rejected the first possibility and
advocated the latter.
In this, Blome was completely successful. Greiser was so much impressed
by Blome’s arguments that he no longer dared to carry out the
liquidation of the Poles which had been decided upon. In fact, he
submitted Dr. Blome’s memorandum to the Reich Leader SS Himmler, so that
he should obtain a decision from Hitler himself. (_NO-249, Pros. Ex.
202._) This was already a remarkable success for Blome, because Himmler
had already ordered the liquidation of the Poles. Blome’s arguments made
such an impression even on the bloodhound Himmler that, contrary to
Greiser’s expectations, he cautiously put the matter before Hitler again
and obtained his definite ruling. It should be remembered that this in
itself would no longer have been necessary, because not only had Conti
agreed to the murder, but from Greiser’s covering note of 21 November
1942 it is obvious that Hitler had also given his approval to the
extermination of the Poles before.
Thereupon, after a subsequent examination of the matter, Hitler withdrew
the extermination order and thus Himmler had no alternative but to do
the same. This is clearly proved by Himmler’s letter of 3 December 1942.
(_NO-251, Pros. Ex. 204._)
The extermination of the Poles did not take place; _this is due to
Blome_.
Although these facts are incontestably proved by the documents
presented, the prosecution nevertheless upheld the charge against Blome.
This evidently was due to the peculiar wording of Blome’s letter to
Greiser of 18 November 1942. The prosecution in their speech of 19
December 1946 described this letter a “devilish masterpiece of murderous
intent.” In considering this case, the prevailing conditions should be
borne in mind. Dr. Blome knew that the tuberculous Poles were lost, that
their murder had been decided upon, unless it was possible on some
grounds to change Hitler’s mind at the last moment. The statement of the
witness Dr. Gundermann (_Blome 1, Blome Ex. 8_) proved that Blome at
that time, as is confirmed by Blome’s own testimony (_Tr. pp. 4574-78_),
strove for days for a successful wording of his letter; he repeatedly
drafted the letter, then rejected the wording again, and finally
introduced arguments in the letter which he hoped would be successful.
From the very beginning he was aware, of course, that his intervention
was bound to fail and have no success if he described Hitler’s planned
extermination of the Poles as a crime and downright murder and solemnly
protested against it. In this way Blome would have achieved nothing for
the Poles, but would have had to expect to be brought before a court
himself and sentenced for sabotaging an order of the Fuehrer, or to have
disappeared in a concentration camp without any legal sentence. With
such simple method as entering a solemn protest by calling on the laws
of humanity or of justice nothing would have been achieved with Hitler,
especially when he had already made up his mind and had decided on a
certain matter and had already given the necessary orders for execution;
in such cases Hitler was usually inaccessible and would not listen to
any counterproposals. Dr. Blome knew this, of course, just as well as,
for instance, the Gauleiter of the Lower Danube, who in connection with
a similar problem (sterilization), in his letter of 24 August 1942
(_NO-039, Pros. Ex. 153_) pointed out the importance of “enemy
propaganda,” as he considered this most likely to be successful. Dr.
Blome therefore looked for reasons which would perhaps have a decisive
influence on Hitler and these were either the Church or other nations.
It is understandable that Hitler, in view of the tense situation at that
time, in the middle of the Second World War, did not want to break
completely with the Church, and he also had to consider the opinion of
foreign countries so as not to antagonize neutral states. Dr. Blome
speculated on these two points. In his letter of 18 November 1942 he
emphasized in a skillful manner, and with full determination, these two
points of view, and with those two references he achieved full success.
(_NO-250, Pros. Ex. 203._)
It may now be realized why Blome, in the early part of his letter, tried
to give Hitler the impression that he (Blome) fully agreed with the plan
as such for the extermination of the Poles, and why he even pretended
that everything was already prepared for the execution of this plan.
Hitler had, so to speak, only to press the button and 25,000-30,000
Poles would be done away with. This was merely a trick which Blome used
in order to ensure a favorable consideration of his second and third
proposals (internment or reservation).
If Dr. Blome had written that he declined to approve such an order of
the Fuehrer, that, in consequence, no preparations for its execution had
been made, and that he would rather resign than become a party to a mass
murder, then Hitler would have had his customary outburst, and Blome
would have been finished as far as he was concerned; he would, of
course, have entirely disregarded the protest of such a “saboteur,” and
in the interests of so-called “reasons of State,” the Fuehrer’s orders
would have been strictly carried out. To prevent this, Dr. Blome had to
pretend for the time being, that he was ready to acknowledge the
Fuehrer’s orders as a matter of course and, where possible, to
participate personally in their execution, if Hitler, as Head of the
State, so desired. However, when weighing the pro’s and con’s, Dr. Blome
was able to bring to the foreground points of view against the plan of
extermination which conceivably might greatly impress Hitler.
Blome’s letter of 18 November 1942 can only be explained thus, and was
intended in this way. (_Blome 1, Blome Ex. 8._) So Dr. Blome, on the
strength of this letter, cannot be convicted. For it is certain that
Hitler thereupon dropped his plan and completely rescinded his orders
for the murder.
This success, which could hardly have been anticipated because of
Hitler’s obstinacy and vainglory, completely justifies the defendant
Blome. It proves that Blome’s conception was the right one and that his
manipulations saved the lives of the Poles.
Another matter helped Blome considerably, which must not be overlooked
here. Shortly before, Hitler had cancelled the continuation of the
Euthanasia Program. Apparently he did this under the influence of
numerous protests which had been made by the two Christian Churches. The
reaction abroad also played a considerable part in this because mass
destruction of the insane had been taken up repeatedly by the foreign
press with particular reproaches against the Nazi regime. Dr. Blome made
use of these points of view which had proved effective in the case of
the Euthanasia Program, and they also produced telling effects in the
case of the tubercular Poles.
Why did the prosecuting authorities maintain the accusation against. Dr.
Blome in spite of all this? Apparently this was solely on account of an
affidavit by the codefendant Rudolf Brandt. In his affidavit of 24
October 1946 Rudolf Brandt completely suppresses the letters which cause
the complete rescinding of the plan for murder. (_NO-441, Pros. Ex.
205._) He is silent about these letters, although it can be proved that
they passed through his hands, were initialed, and handed down to lower
offices by him.
During his examination by the defense, Rudolf Brandt was charged with
untruthfulness. He was unable to offer an explanation, failed to answer,
and was forced to submit to the charge of untruthfulness, of deliberate
untruthfulness. Altogether, Rudolf Brandt has made an amazing number of
affidavits; he has, without scruples, supplied the prosecution with
practically every affidavit desired for the incrimination of
codefendants, and with equal readiness, he has given affidavits for
these same codefendants which directly contradicted his former
assertions. What he confirms under oath today, he denies under oath
tomorrow, and vice versa. However, it must be stated that the affidavit
which Rudolf Brandt made against Dr. Blome, dated 24 October 1946, was
the climax of his mendacity. After the experiences in this trial, and
after having become acquainted, as we have, with a man like Rudolf
Brandt, it would be ridiculous even to consider attaching any weight to
the affidavit of a man such as we have got to know in Rudolf Brandt. His
affidavit of 24 October 1946 has been entirely refuted by documents
introduced by the prosecution. It is unnecessary, therefore, to examine
to what extent Rudolf Brandt’s untruthfulness can be traced to his state
of mental health.
During the session of 9 December 1946 the prosecuting authorities
announced:
“The prosecution will introduce evidence to show that the
program was in fact carried out at the end of 1942 and the
beginning of 1943, and that as a result of the suggestions made
by Blome and Greiser, many Poles were ruthlessly exterminated
and that others were taken to isolated camps, utterly lacking in
medical facilities, where thousands of them died.”
This evidence has not been produced so far by the prosecuting
authorities, although the defense, during the session of 17 March 1947,
referred in particular to this lack of evidence. The assertions of a
Rudolf Brandt in this respect cannot be evaluated as “evidence,” even if
it had not been completely retracted and even if it had not already been
completely refuted by additional documents submitted by the prosecution.
If the prosecuting authorities had succeeded in producing the witness
Perwitschky, who had already been proposed in 1946, and who had been
approved by the Tribunal, then his testimony would have produced
additional clear proof that Blome actually prevented the proposed mass
murder.
We know that later fate of these Poles who suffered from incurable open
tuberculosis from the affidavit of Dr. Gundermann, the highest medical
officer of the Warthegau (the territory in which the tubercular Poles
were to be liquidated). (_Blome 1, Blome Ex. 8._) The fight against
tuberculosis was a legal task of the Public Health Offices which were
subordinated in the Warthegau to the witness Dr. Gundermann. As a result
of difficulties caused by the war, it was not possible to accommodate
during the war, either in restricted institutions or in a segregated
area, those suffering from tuberculosis; these two possibilities, which
had been examined in a letter dated 18 November 1942 from Blome to
Greiser were therefore out of the question for the time being. (_NO-250,
Pros. Ex. 203._) Therefore, the tubercular Poles were provided for
according to the same legal regulations which applied to tubercular
Germans in Germany proper. Legal regulations notwithstanding, a separate
Tuberculosis Welfare Office, with Polish physicians and nurses, was
established in the various health offices of the Warthegau. (_Blome 1,
Blome Ex. 8._) Therefore, the contention of the prosecution “that the
accommodation of sick Poles in restricted institutions resulted in the
comparatively rapid death of the sick” or, that the transportation of
the sick into a reserved area meant that, “they were left to their fate,
provided with few physicians and with few or no nursing personnel,” is
devoid of application. (_Tr. pp. 757-59._)
It should be observed, however, that these proposals by Blome (for
internment or reserved areas) did not originate from him, but had
already been discussed during the meeting of the German Tuberculosis
Society in 1937, and went back to proposals which had already been
worked out years before by English research workers in tuberculosis on
instructions from the International Tuberculosis Commission, and which
had been generally approved. (_Blome 14, Blome Ex. 6._) Therefore, even
if the existence of these proposals had been known, it cannot be said
that they contradicted in any way the laws of humanity. According to
widespread views held by the responsible circles, such measures are
necessary if tuberculosis, from which millions die yearly, is to be
fought effectively, and if the healthy portion of the population is to
be protected effectively against the dangers of infection through
incurable tubercular patients. In this case, the protection of the
healthy population against infection appears more important than
consideration for the unrestricted liberty of incurable patients.
* * * * *
d. Evidence
_Prosecution Documents_
Doc. No. Pros. Ex. No. Description of Document Page
NO-247 197 Letter from Koppe to Rudolf Brandt, 3 May 769
1942, concerning the killing of
tubercular Poles.
NO-244 201 Letter from Himmler (signed by Rudolf 770
Brandt) to Greiser, 27 June 1942,
concerning the extermination of
tubercular Poles.
NO-250 203 Letter from Blome to Greiser, 18 November 771
1942, concerning the mass extermination
of tubercular Poles.
NO-441 205 Affidavit of defendant Rudolf Brandt, 24 775
October 1946, concerning the plan to
exterminate tubercular Polish
Nationals.
NO-246 196 Letter from Greiser to Himmler, 1 May 776
1942, concerning the plan for mass
extermination of tubercular Poles.
_Defense Documents_
Doc. No. Def. Ex. No. Description of Document Page
Blome 14 Blome Ex. 6 Extracts from a report on the German 777
Tuberculosis Conference of 18 to 20
March 1937, at Wiesbaden.
Blome 1 Blome Ex. 8 Extracts from the affidavit of Dr. Oskar 778
Gundermann, 28 December 1946, stating
that Blome opposed the plan to
exterminate tubercular Poles and that
the plan was never carried out.
_Testimony_