A. _Procedure_

On 1 September 1939 Hitler charged the defendant Karl Brandt and

Reichsleiter Bouhler with the execution of the Euthanasia Program. The

letter of appointment stated:

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

the responsibility of enlarging the authority of certain

physicians to be designated by name in such a manner that

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

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

accorded a mercy death.” (_630-PS, Pros. Ex. 330._)

This document in no way limited the application of euthanasia to insane

persons but included anyone who might be designated as “incurable.”

The witness Mennecke testified that the program was carried out in the

following way:

Every German mental institution received questionnaires from the Reich

Ministry of the Interior which were to be completed for each inmate of

the institution and to be sent back to the Reich Ministry of the

Interior. Experts then had to examine the questionnaires after they had

been photostated; they had to express their medical opinion on them, and

had to return them, with their opinion, to the Reichsarbeitsgemeinschaft

(Reich Labor Association). (_Tr. pp. 1872, 1873._)

This Reichsarbeitsgemeinschaft cooperated with the “Stiftung”

(Charitable Foundation for Institutional Care), and the Patients

Transport Corporation. The “Stiftung” was in charge of the financial

side of the program, while the Patients Transport Corporation was used

when patients were moved from one institution to another in order to

bring them closer to the euthanasia institutions and finally into the

euthanasia institutions themselves. These three organizations,

Reichsarbeitsgemeinschaft, “Stiftung,” and Patients Transport

Corporation, were in fact camouflaged names for the operation of the

Euthanasia Program and were under the supervision of one management.

They did not work independently but together. (_Tr. p. 1874._)

As to the questionnaires, three experts received photostated copies,

and, independently of each other, they expressed their opinion on

individual cases. Then so-called top experts expressed their opinion. A

list was made up of the patients who were judged subject to euthanasia,

and the patients were removed from the institution to so-called

collecting points, and from there were transferred to euthanasia

institutes. (_Tr. pp. 1877, 1878._) Non-German nationals and Jews were

subjected to euthanasia as well as Germans. (_Tr. p. 1881._)

The activities of the experts were extended in the early summer of 1940

to inmates of concentration camps. A doctors commission, which consisted

of doctors and officials from the Euthanasia Program, filled out the

questionnaires on inmates from among those who had been preliminarily

selected by the camp doctors. Numerous concentration camps were visited,

some of them twice, in the period between 1940 and the end of 1941.

(_Tr. pp. 1882, 1883._) Dr. Mennecke, who visited a number of

concentration camps to select inmates, received the orders for these

activities from the top experts in the Euthanasia Program and from the

defendant Brack. (_Tr. p. 1882._) Announcements about these trips were

made from the Berlin agency of the program to the individual

concentration camps. (_Tr. p. 1885._) Non-German Nationals and Jews who

were inmates of concentration camps were subjected to the Euthanasia

Program in extensive numbers. (_Tr. p. 1887._)

Another function of the Euthanasia Program was the killing of mentally

and bodily deficient children. The witness Walter Schmidt testified that

the agency which handled this part of the program was called the Reich

Committee for Research on Hereditary and Constitutional Severe Diseases

[Reichsausschuss zur wissenschaftlichen Erfassung von erb- und

anlagebedingten schweren Leiden]. The questionnaires were filled out by

the health departments, the chief of children’s clinics, physicians,

doctors, midwives, hospitals, etc., and reports were made to Dr.

Linden’s office in Berlin. Linden was a member of the Ministry of the

Interior. There a committee of chief experts, on the strength of these

reports, decreed euthanasia through so-called authorizing orders in the

form of a photostatic copy of the report, which had been approved in

writing. These activities continued until 1944. (_Tr. pp. 1833, 1834._)

Schmidt himself was in charge of a special department for the killing of

such deformed children. (_Tr. p. 1833._)

Workers from the occupied eastern territories who had become unfit for

labor were executed pursuant to the Euthanasia Program. Busses belonging

to the Patients Transport Corporation, which were operated by the

personnel of the Patients Transport Corporation, took these victims to

the extermination center of Hadamar, where they were killed. (_Tr. pp.

1842-1845_; _NO-1116, Pros. Ex. 415_.)

This evidence on the method of carrying out the program is corroborated

by the affidavit of the defendant Brack (_NO-426, Pros. Ex. 160_), the

affidavit of Pauline Kneissler (_NO-470, Pros. Ex. 332_), the chart

drawn by Brack (_NO-253, Pros. Ex. 331_), as well as numerous other

documents in the record.

The evidence concerning the activities of the top experts and experts of

the Euthanasia Program in the various concentration camps is

corroborated by the affidavit of the camp doctor of the Dachau

concentration camp, Dr. Muthig (_NO-2799, Pros. Ex. 497_), who states

that in the fall of 1941, Professor Heyde, as leader of a commission of

four psychiatrists, came to the Dachau concentration camp. This doctors

commission selected inmates, unable to work, for extermination by gas.

Heyde was the first top expert of the Euthanasia Program. (_Tr. p.

2495._) The affidavit of Dr. Gorgass reveals that he and Dr. Schumann,

both of whom were active in the Euthanasia Program, visited the

Buchenwald concentration camp in June 1941. Gorgass states explicitly

that the purpose of this trip was to acquaint himself with the

assignment of concentration camp inmates to euthanasia institutions.

This visit was made on the order of Brandt, and was transmitted by the

defendant Brack. (_NO-3010, Pros. Ex. 503._)

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