The same applies to Eichberg in August 1941. (_Tr. p. 1879._)

Affidavit by Kirchert. According to this there was general

cessation in the summer of 1941. (_Karl Brandt 18, Karl Brandt

Ex. 15._)

Affidavit by Asam-Bruckmueller. (_3865-PS, Pros. Ex. 365._)

According to this euthanasia was also discontinued in Ansbach.

Affidavit by Jordans. (_3882-PS, Pros. Ex. 371._) Hereby

euthanasia was also discontinued in other institutions in 1942.

(The statements regarding date of cessation may be erroneous inasmuch as

they were made long after the end of 1941. It is also possible that in

spite of the order to cease, some places still carried on upon the

instruction of the local authorities.)

A new purpose for euthanasia is presented, which begins after the

cessation. The motive is no longer medical and also has no more

connection with the authorization.

Letter from Liebehenschel to the concentration camp of

Gross-Rosen of 12 December 1941 on the discharge of prisoners.

(_1151-PS, Pros. Ex. 411._)

Correspondence of Mennecke. (_NO-907, Pros. Ex. 412._) Therein a

report is made about the cooperation of a new group, concerned

with extermination. Under the date of 15 June 1942 Mennecke

speaks about the “re-commencement” of euthanasia.

Statement of Brack. The witness reports of Bouhler’s worry that

before requesting the euthanasia commission on 1 September 1939,

Bormann and other powers might wish to use the opportunity and

he feared they might abuse it (wild euthanasia).

_Legal foundations._ Karl Brandt is not acquainted with the legal

foundation for such proceedings after expiration of the authorization of

1 September 1939. After the cessation of euthanasia in August 1941, the

powers held on the basis of the authorization of 1 September 1939 could

no longer be exercised.

Statement of Karl Brandt. (_Tr. p. 2421._) According to this,

Karl Brandt, in 1944 learned of two cases in Saxony and of one

in Pomerania where euthanasia was carried out. He forwarded this

report to Hitler, Bormann, and Bouhler because he felt that

within Bormann’s sphere extremists were at work.

_Organization._ The old organization was abandoned or considerably

reduced. (Compare the indictment of the Hadamar Case[107] regarding the

liquidation office.)

The physicians were dismissed in August 1941 from the Office,

Tiergartenstrasse 4.

Letter from Brack to Himmler of 23 June 1942. (_NO-205, Pros.

Ex. 163._) Here he refers to the former transfer of personnel

and once more offers people from the remaining personnel.

It seems that the organization was now under the influence of Himmler.

Karl Brandt was eliminated by the cessation in 1941.

Affidavit of Beringer. (_NO-808, Pros. Ex. 425._) The witness

says, “it was an open secret in the Gau that Mennecke was

charged by _Himmler_ to search the mental institutions of

Germany for insane persons.”

_Activity of the former organization._ Registration sheet.

Letter of the Reich Ministry of the Interior of 1 August 1940.

(_3871-PS, Pros. Ex. 359._) According to this all sick persons

are now to be reported. The letter is addressed to the private

clinic of Hertz at Bonn.

Testimony of Mennecke. (_Tr. p. 1902._) According to this, the

program was not resumed again in its original form.

Some of the experts had retired.

The killing no longer took place by carbon monoxide but by other means

and by other methods.

In part the dead were not burned anymore but buried (as at Hadamar).

_Elimination in the Concentration Camps_

_Position taken in the indictment_

* * * * *

_Position of the defense_

Motive is not reconcilable with medical authorization; this does not

allow euthanasia for political or economic reasons.

Testimony of Mennecke. (_Tr. p. 1913._) The witness explains

that the execution was a complete breach of the directive at the

start of euthanasia. “At least it had nothing to do with the

euthanasia of lunatics.”

Testimony of Karl Brandt.

_Time._

Testimony of Mennecke. (_Tr. p. 1933._) According to this Brack

spoke of undertaking an examination in the KL [concentration

camp] Oranienburg for the first time in the summer of 1940.

Testimony of Roemhild. (_Tr. p. 1659._) The witness says that a

second action 14 f 13 started in 1943 (therefore an independent

action after the suspension of 1941). From that the independent

character of the “first action 14 f 13” must be concluded, and

it is to be assumed that it was ordered by the Reich Criminal

Police Office, Berlin, as was the second action 14 f 13.

According to the testimony of Mennecke (_Tr. p. 1914_), Action

14 f 13 did not start with the first visit in 1940, but at first

it was only an expert opinion according to medical points of

view. In 1940 prisoners were examined by him in the

concentration camp Buchenwald and registration forms filled out.

At that time the examination extended to phychoses and

psychopathy.

Affidavit of Muthig. According to this a transport went from

Dachau to Mauthausen in December 1941 after examination by

Heyde. (_NO-2799, Pros. Ex. 497._)

_Order._ There were two parallel orders:

The order of the office of Bouhler in accordance with the Euthanasia

Program, according to which from 1940 on the lunatics in the

concentration camps were examined according to the directions.

Testimony of Mennecke. (_Tr. p. 1935._) According to this, the

order to visit the concentration camps was issued in the summer

of 1940.

The order of Himmler to submit to the special treatment of action 14 f

13, or to kill undesirable prisoners, regardless of these examinations.

Letter of 10 December 1941 regarding the special action 14 f 13.

(_1151-PS, Pros. Ex. 411._)

Affidavit of Hoven. Order by Himmler was at hand for the

execution of these actions. (_NO-429, Pros. Ex. 281._) Further

testimony of Hoven.

Report of Dr. Morgen in the proceedings against Hoven: “The

right to decide about the life or death of prisoners in the

concentration camps is assigned to the Reich Leader SS

_Himmler_.” (_NO-2366, Pros. Ex. 526._)

_Organization._ Two organizations working side by side have to be

distinguished: (1) Organization for the selection of real lunatics

according to the authorization of 1 December 1939. Here the organization

of Bouhler is active up to summer 1941 within the framework of the

former directives. (2) Organization for extermination contrary to the

former directives, exclusively by Himmler and the Reich Security Main

Office.

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 441 / 486 题