“The greatest difficulty arises in securing a census of gypsies. The majority of them make every effort to obscure their identity through false statements or through a pretense of ignorance * * *.”
Their asocial character led to a series of police regulations, of which the most important are the following, as far as Germany is concerned:
Decree of 16 May 1938, RMB1.i.V. (Bulletin of the Reich Ministry of the Interior) pages 883-4, concerning measures against the gypsy nuisance.
Decree of 8 December 1938, RMB1.i.V., page 2105, concerning measures against the gypsy nuisance.
Decree of 10 November 1939, RMB1.i.V., page 2339, concerning employment records for gypsies.
Decree of 2 September 1939, Reich Law Gazette, I, page 1578. Prohibition of wandering of gypsies in the frontier zone[49] (Sec. 4 of the ordinance concerning frontier protection).
The witness Dorn states (Tr. p. 8618):
“As far as I know, the brown sign was done away with in Buchenwald in 1940 and all gypsies arrested for racial reasons were asocial. In other words, from 1940 on, there were no gypsies in the camp who were not designated in the filing system as asocial, as unwilling to work.”
The same witness states (Tr. pp. 8661-2):
“I can merely say that initially all gypsies were arrested for racial reasons. Later on this was changed. Some of the gypsies who were not declared asocial elements were removed from Dachau to the Labor House in the Rebdorf Bavarian penitentiary.”[50]
The famous Swiss Psychiatrist E. Bleuler, Zuerich, writes in his Textbook on Psychiatry, Berlin, Springer, 1937 on pages 397-400 about:
Constitutional ethnical deviations
“* * * A large number of asocials show what type of character they are while still young. Most of them are backward at school, even if their intelligence is good, because they adjust themselves too little and show too little industry and attention. Extraordinary achievements in any single direction are rare. Many of them are lazy, thieving, lying, cruel to animals and people, exacting, often deliberately and negligently damaging their own and others property, vain, unreliable, and egotistical. They cannot submit to authority, run away if they do not like anything; punishments are not respected, altogether neither sugar plums nor the whip have any visible effects. When carrying out mean tricks they develop cunning and energy, soon learn from others what is bad, with difficulty or not at all what is good, have an instinctive inclination for bad company.”
I have not made any special reference to asocial character to point out that we must be particularly careful when estimating their trustworthiness, on account of their tendency to mendacity and because of a certain psychotic cupidity concerning claims for compensation. This is not necessary where the judges are so experienced; I am referring to this fact for legal reasons. It is well known that there is no legal definition of crimes against humanity. According to legal authors, such crimes can only be committed against persons who are persecuted for political, religious, and racial reasons.
To complete this chapter in its legal aspects, I would also like to mention the racial regulation of the gypsy question as far as it can be seen from German legislation. According to the 12th decree implementing the Reich Citizenship Law, dated 25 April 1943 (Reich Law Gazette I, p. 268), gypsies who are not yet German citizens cannot acquire citizenship. Section 4 of this decree reads:
“Jews and gypsies cannot become citizens. They cannot become citizens either subject to revocation, or protected persons * * *.”
According to the first decree implementing the Law for the Protection of German Blood and German Honor of 14 November 1935 (Reich Law Gazette I, p. 1334), marriage between gypsies and Germans is prohibited. Section 6 of this decree reads:
“A marriage shall furthermore not be contracted if the progeny to be expected from it would endanger the purity of German blood.”
In all fairness, however, one must admit in this connection that in the practice of the Third Reich no strict distinction seems to have been made when gypsies were put in a concentration camp, so that we should need the criminal record and family history of each person subjected to the experiments to be able to ascertain accurately the asocial character of each individual. It is a fact that in the gypsy book mentioned by me, 11 names of persons subjected to experiments are to be found, who must no doubt be characterized as asocial.
Origin of the gypsies as to nationality
As I have already mentioned, the gypsies themselves like to leave this point vague. Therefore no point of the evidence contains so many conflicting statements as this particular one. Beiglboeck himself cannot make any definite statements as to this matter, but as he used to speak to all of them, they must all have understood German. Among the names we also find plenty of Slav names, having a Polish, Ukrainian, or Southern Slav sound. In the old Austrian Monarchy, these people were jumbled together a good deal and in their wanderings they also entered German Reich territory. After the break-up of the Monarchy, some of the so-called Carpatho-Russians became citizens of Hungary or Slovakia. In the eastern provinces of the German Reich, there were many Poles or Germanized persons with Polish names. The mere name, therefore, admits of no conclusion as to nationality. The fact, however, that most of them could make themselves understood in the German language allows the conclusion that none of the persons subjected to experiments were imported from the Allied countries.
The witness Fritz Pillwein states in his affidavit (Beiglboeck 32, Beiglboeck Ex. 21):
“The experimental subjects in most cases spoke their gypsy dialect. Many of them were obviously of Slav origin. I did not see identification papers, however, as this was quite impossible in a concentration camp and as I did not ask them anything of the kind, I cannot make any exact statement regarding the nationality of the individual gypsies. I did not ask them because the gypsies were very primitive people, and some of them did not even know their own birthdays.”
The witness Mettbach stated when questioned by Dr. Steinbauer (Tr. p. 9729):
“Dr. Steinbauer: What language did you speak among yourselves?
“Witness Mettbach: Mostly gypsy language.
“Q. What was the citizenship of the individual experimental subjects?
“A. Mostly they were Germans. There were a lot of Austrians and a lot of them came from East Prussia and Upper Silesia and the Burgenland [Province bordering Austria-Hungary].”
When questioned by counsel for the prosecution the witness Mettbach stated (Tr. pp. 9737-8):
“Mr. Hardy: Were there any foreign nationals—that is, men other than Germans—used in these experiments?
“Witness Mettbach: Austrians and Burgenlaender and some from Upper Silesia and East Prussia.
“Q. No Czechs?
“A. No.
“Q. No Russians?
“A. No.
“Q. No Poles?
“A. A couple of them talked Polish but I think they came from Upper Silesia or East Prussia. That very often happens. Lots of Upper Silesians can talk Polish.”
When questioned by counsel for the prosecution the witness Joseph Vorlicek stated (Tr. p. 9388):
“Mr. Hardy: Do you know the nationality of the various subjects?
“Witness Vorlicek: For the most part I do.
“Q. Can you tell the Tribunal the nationality of the various subjects, as near as you can recollect?
“A. There were Czechs, Poles, Hungarians, Austrians, and Germans.”
During direct examination the witness Vorlicek stated (Tr. p. 9388):
“Mr. Hardy: Well, did they ever volunteer for any special detachment or some such thing?
“Witness Vorlicek: Well, this is how it happened. Since I know the Slavonic language, and there were some Czechs among them, I spoke to them.”
Therefore, the defendant’s statement, that the persons concerned were Slovaks from the Bratislava area (Bratislava is the capital of Slovakia) is not without foundation.
The Rations of the Gypsies
The defendant states that the persons subjected to the experiments got the Luftwaffe flight rations before the experiments, and the same rations after the experiments, and that there was a hitch only once due to the bombing of the provisions warehouse. During the experiments, the persons got shipwreck rations. The Englishman, Ladell also says that he gave his soldiers shipwreck rations during the experiments. On this point, see extract from Beiglboeck 20, Beiglboeck Exhibit 8:
“* * * In all the experiments the food given was the ‘shipwreck diet’; this comprises 1 ounce each per day of biscuits; sweetened condensed milk; butter, fat, or margarine; and chocolate.”
That food was provided is evident from two documents. (Beiglboeck 26, Beiglboeck Ex. 13; Beiglboeck 27, Beiglboeck Ex. 14.)
The witness Massion states in his affidavit (Beiglboeck 31, Beiglboeck Ex. 12):
“Before beginning the experiment, the experimental subjects were given the same food as that supplied to the flying personnel of the Luftwaffe, that is to say, a very nutritious diet of sardines, butter, cheese, milk, meat, etc. During the experiment, 4 persons assigned to the thirst group received no food whatsoever, the others received sea-emergency rations, with chocolate, etc. I know that on one occasion difficulties arose in the food supply which possibly were connected with an air raid. I was sent to Frankfurt with the urgent order to obtain sea-emergency rations there.”
The Treatment of Gypsies
Beiglboeck treated the experimental subjects in a humane manner. It is natural that he insisted the strict observance of the whole experiment was not to be a farce. The whole experiment was a constant struggle against the understandable attitude of the experimental subjects who wanted to save themselves by cheating the director of the experiment (by secretly drinking water and pouring away the urine), and by obtaining special favors, in particular cigarettes, which in 1944 were hard to get—and that not only in the concentration camps.
In regard to this point I refer to a document in which Professor Dr. Dennig writes (Beiglboeck 29, Beiglboeck Ex. 15):
“While the people are able for the first few days successfully to fight their thirst with good grace, their strength of will is insufficient during the later stage; they devise extremely subtle means of obtaining water, e. g., the case of Juergensen.”
Witness Ernst Mettbach states in regard to this point when questioned by Dr. Steinbauer (Tr. p 9722):
“Dr. Steinbauer: The professor forbade your bringing them water. Did you nevertheless bring them water? Now, be honest.
“Witness Mettbach: Several times I brought my relative, Mettbach, water to drink.
“Q. Where did you give it to him?
“A. Sometimes I smuggled it in to the experimental station myself. Sometimes I stuck it through the fly screen on the window which was a little bit loose.”
Later we shall speak in detail about the secret drinking of water. At this point I just want to say in general that every drop of water which was consumed in secret not only diminished the scientific value of the experiments, but is also of greatest significance from the point of view of criminal law, because it decreased the feeling of thirst. As I said before, the treatment of the experimental subjects was a humane one. In regard to this point compare the statement of Dr. Lesse (Bieglboeck 14, Bieglboeck Ex. 20):
“Q. What was his attitude to the prisoners in general?
“A. Very humane and benevolent.”
Witness Massion states in his affidavit (Beiglboeck 31, Beiglboeck Ex. 12):
“Dr. Beiglboeck treated the prisoners as humanly as ordinary patients. He was rough to them only when they obtained drinking water contrary to orders. I know definitely that none of the experimental subjects were turned over to the SS for punishment because of any offenses.”
Witness Pillwein states in his affidavit (Beiglboeck 32, Beiglboeck Ex. 21):
“Q. How did Beiglboeck treat the inmates?
“A. Beiglboeck treated the patients well, which was a striking contrast to the treatment which we inmates received from the SS. Beiglboeck only became very angry when the gypsies lied to him regarding the drinking of water, and when he found out about it from the blood test.”
| Prosecution Documents | |||
| Pros. | |||
| Doc. No. | Ex. No. | Description of Document | Page |
| NO-184 | 132 | Letter from the Technical Office of the Reich Minister of Aviation (Goering) to Himmler’s office, 15 May 1944, concerning methods to render sea-water potable. | 447 |
| NO-177 | 133 | Minutes of conference at the Reich Ministry of Aviation, 20 May 1944, concerning methods for making sea-water potable. | 448 |
| NO-185 | 134 | Letter from Schroeder to Himmler and Grawitz, 7 June 1944, requesting subjects for sea-water experiments. | 452 |
| NO-183 | 136 | Teletype from Rudolf Brandt to Grawitz, undated, concerning experimental subjects. | 453 |
| NO-182 | 137 | Letter from Sievers to Grawitz, 24 July 1944, concerning experiments on the potability of sea-water. | 454 |
| Defense Documents | |||
| Doc. No. | Def. Ex. No. | Description of Document | |
| Becker-Freyseng 42 | Becker-Freyseng Ex. 29 | Affidavit of Dr. Ludwig Harriehausen, 9 January 1947, regarding use of patients in sea-water experiments. | 455 |
| Testimony | |||
| Extracts from the testimony of prosecution witness Karl Hoellenrainer | 456 | ||
| Extracts from the testimony of defendant Beiglboeck | 468 | ||
| Extracts from the testimony of defense expert witness Dr. Franz Vollhardt | 474 | ||
[Stamped] Secret
[Letterhead]
Reich Minister of Aviation
and Commander in Chief of the Luftwaffe
Technical Office
Ref. Nrs. 91a, 0016 GL/C-E (51V)
No: 26 773 secret
(In your answer to the above
reference, please give date and
short summary.)
Berlin W 8, 15 May 1944
Leipziger Strasse 7
Cable address: Reichsluft Berlin
Phones: Local: 520024
218241
120047
Long distance: 218011
Extension: 4335
| Re: Rendering sea-water potable. | |
| Reference: | Letter of the Reich Leader SS |
| No. 39/4/44 secret of 17 January 1944. | |
| To: Reich Leader SS and Chief of the German Police, | |
| Personal Staff. | |
| Berlin | |
With reference to the interoffice conference between Oberstingenieur Christensen and Haupsturmfuehrer Engineer Dohle regarding the above-mentioned matter, it is announced that two processes have been worked out by the office to render sea-water potable:
1. The I. G. method, using mainly silver nitrate. For this process quite a large plant needs to be set up, which would require about 200 tons of iron and cost about 250,000 RM. The amount of the product needed by the Luftwaffe and Navy requires 2.5 to 3 tons of pure silver a month. Besides, the water which is rendered potable by this preparation has to be sucked through a filter in order to avoid absorption of precipitated chemicals. These facts make the application of this process practically impossible.
2. The second process which was worked out is the so-called Berka method. According to this method, the salts present in the sea-water are not precipitated, but are so treated that they are not disagreeable to the taste. They pass through the body without oversaturating it with salts and without causing an undue thirst. No special plants are necessary for producing preparations needed for this process; nor do the preparations themselves consist of scarce materials.
It can be presumed that this method will be introduced in the Luftwaffe and the navy in a short time. Now that German technical science has actually succeeded in rendering sea-water potable for people in distress at sea, in accordance with the above, the knowledge as to how foreign countries intend to solve this problem is no longer of prime importance. Naturally the office is very much interested in ascertaining how, above all, the United States has solved this problem, and it is requested that this information be sought, without, however, compromising any person or any office too much.
Should the office there be interested in the Berka method, let us know. Samples can then be delivered.
The cube dispensed is not a preparation to render sea-water potable, but a milk cube such as is already familiar to the offices.
[Signature illegible]
Enclosure: [Notation: both crossed out]
1 Milk cube
Personal Staff RF-SS.
Filing Department, File No./220/5
Technical Office
GL/C-E 5 IV No. 26860/44 secret
Berlin, 23 May 1944
[Handwritten] W 29.6
[Handwritten]:
Just received
for reading given
to RF [Himmler]
[Signature] R. Br. [Rudolf Brandt]
| Reichsarzt SS | 4/July |
Minutes of the conference on 20 May 1944 re methods for making sea-water drinkable
Present:
| 10. | Oberstingenieur | Christensen | German Air Ministry— | |
| GL/C-E 5 IV | 120047/28 | |||
| 11. | Stabsingenieur | Dr. Schickler | dto. | 120047/4335 |
| 12. | Stabsingenieur | Berka | E-Tra | Vienna |
| B 23566 | ||||
| 13. | Stabsarzt | Dr. Becker-Freyseng | Chief Medical Service | 278313 |
| 14. | Unterarzt | Dr. Schaefer | Luftwaffe Medical | |
| Research Institute | 27 83 13 | |||
I. On 19 May 1944 a preliminary discussion was held at the Reich Air Ministry—GL/C-E 5 IV. Present were the following persons:
| GL/C-E 5 IV | Obersting. Christensen |
| dto. | Stabsing. Dr. Schickler |
| E-Tra. | Stabsing. Berka |
| L. In. 14 | Major Jeworrek |
| Chief of the Medical Service [Office] | Stabsarzt Dr. Becker-Freyseng |
| dto. | Unterarzt Dr. Schaefer |
| Herr Pahl. |
At this meeting Captain (med.) Dr. Becker-Freyseng reported on the clinical experiments conducted by Colonel (med.) Dr. von Sirany and came to the final conclusion that he did not consider them as being unobjectionable and conclusive enough for a final decision. The Chief of the Medical Service is convinced that, if the Berka method is used, damage to health has to be expected not later than 6 days after taking Berkatit, which damage will result in permanent injuries to health and—according to the opinion of N. C. O. (med.) Dr. Schaefer—will finally result in death after not later than 12 days.
External symptoms are to be expected such as drainage, diarrhea, convulsions, hallucinations, and finally death. As a result of the preliminary discussion it was agreed to arrange a new series of experiments of short duration. A commission was to be set up for the arrangement of these series of experiments. This commission should be set up together with the High Command of the Navy at the conference on 20 May 1944.
The series of experiments should include the following:
| 1. | a. | Persons to be given sea-water processed with Berka method. | |
| b. | Persons to be given ordinary drinking water. | [Shorthand notation]: | |
| One copy to be submitted | |||
| to the ministry. | |||
| c. | Persons without any drinking water at all. | ||
| d. | Persons given water treated according to the present method. (0.7 liters of drinking water for 4 persons and 4 days.) | ||
For the duration of the experiments all persons will receive only an emergency sea diet such as is provided for persons in distress at sea.
Duration of experiments: Maximum 6 days
In addition to these experiments a further experiment should be conducted as follows:
2. Persons nourished with sea-water and Berkatit, and as diet also the emergency sea rations.
Duration of experiments: 12 days
Since in the opinion of the Chief of the Medical Service permanent injuries to health—that is, the death of the experimental subjects—have to be expected, as experimental subjects such persons should be used as will be put at the disposal by the Reichsfuehrer SS.
Herr Pahl reports that due to the latest improvements in the I. G. Farben method, smaller quantities of iron are needed for the construction of the manufacturing equipment than were originally provided for and estimated by I. G. Herr Pahl reports further that if the Wofatit equipment which has to be constructed could not be used later for the manufacturing of the sea-water preparation another use would be quite possible. As to the silver problem GL/C-E 5 IV will check whether the necessary quantities of silver are available.
With GL/C-B 5 it is to be determined whether the same quantities of the preparations will be required as heretofore.
II. At the main conference on 20 May 1944, Stabsingenieur Dr. Schickler will report on work done since the last conference, especially re the results of the preliminary discussion described in part I.
The navy emphasizes that it is considered to be of great importance to obtain a method which under the given conditions could be introduced at once without undue delay. In the opinion of the navy the results obtained at the clinical experiments are sufficient, since they are mainly interested in being able to nourish their men 3 to 5 days with the preparation. A longer nourishing period up to 12 days would probably only be necessary in very few cases. But in spite of this the High Command of the Navy agrees that the series of experiments, as proposed by the Chief of the Medical Service in paragraph 1, should still be carried out.
These series of experiments should be finished and reported on not later than the end of June. During this period all preparations are to be made for the commencement of production according to the Berka method at a date not later than July 1st 1944, and also, if the I. G. method should be introduced, for the start of the construction of the necessary manufacturing equipment by the I. G.
The commission which has to determine the conditions for the series of experiments still to be conducted is composed as follows:
Professor Eppinger, Vienna, Representative of the Chief of the Medical Service of the Air Force
Representative of the German Air Ministry GL/C
Representative of the High Command of the Navy
Stabsarzt Dr. Becker-Freyseng is being contemplated as representative of the Chief of the Medical Service. Stabsingenieur Dr. Schickler and Stabsingenieur Berka as representatives of GL; and Professor Orzichowski as representative of the High Command of the Navy.
It was decided that Berlin, Reich Air Ministry GL/C-E 5 IV should be the meeting place of the commission. (The originally proposed meeting place was changed from Munich to Berlin after a telephone call from Dr. Becker-Freyseng); and that the meeting should be on 25 May 1944 at 10:00 a. m.
It was decided that Dachau was to be the place where the experiments should be conducted.
Stabsarzt Dr. Becker-Freyseng would invite Professor Eppinger and would get in touch with the Reich Leader SS. The High Command of the Navy would invite Professor Orzichowski.
Distribution:
High Command of the Navy—Medical Department
High Command of the Navy, Department for Research, Inventions and Patents
Research Operation of the Reich Ministry for Aviation and High Command of the Luftwaffe
For information of:
Medical Experimentation and Instruction Division of the Air Force Jueterbog
E-Office Rechlin (E med)
Institute for Aviation Medicine,
D. V. L., Berlin-Adlershof
L. In. 14. 1. Abt. 2 Abt., Gruppe 3, KTB
Reich Leader SS
Technical Academy, Vienna
[Signature] C. Christensen
[Handwritten]
A—
RSHA. Through asocial gypsies
Gerhabdt.
[Stamp]
Personal Staff RFSS—enclosures received on: 12 June 1944
Journal No. 39/4/44g.
to:
[handwritten] Top Secret
Chief Medical Service of the Luftwaffe
File: 55 Nr. 510/44 top secret (2F).
Saalow, 7 June 1944
ueber Zossen/Land
2 Copies—1st copy
To the Reich Minister of the Interior and Reich Leader SS through Reich Physician SS and Police
Berlin W, Knesebeckstr. 51
Highly respected Reich Minister!
Earlier already you made it possible for the Luftwaffe to settle urgent medical matters through experiments on human beings. Today again I stand before a decision which, after numerous experiments on animals as well as human experiments on voluntary experimental subjects, demands a final solution. The Luftwaffe has simultaneously developed two methods for making sea-water potable. The one method, developed by a medical officer, removes the salt from the sea-water and transforms it into real drinking water; the second method, suggested by an engineer, leaves the salt content unchanged, and only removes the unpleasant taste from the sea-water. The latter method, in contrast to the first, requires no critical raw material. From the medical point of view this method must be viewed critically, as the administration of concentrated salt solutions can produce severe symptoms of poisoning.
As the experiments on human beings could thus far only be carried out for a period of 4 days, and as practical demands require a remedy for those who are in distress at sea up to 12 days, appropriate experiments are necessary.
Required are 40 healthy test subjects, who must be available for 4 whole weeks. As it is known from previous experiments that necessary laboratories exist in the concentration camp Dachau, this camp would be very suitable.
Direction of the experiments is to be taken over by Stabsarzt Dr. Beiglboeck, civilian; Chief Physician of the Medical University Clinic in Vienna, Professor Dr. Eppinger. After receipt of your basic approval, I shall list by name the other physicians who are to participate, in the experiments.
Due to the enormous importance which a solution of this problem has for shipwrecked men of the Luftwaffe and navy, I would be greatly obliged to you, my dear Reich Minister, if you would decide to comply with my request.
Heil Hitler!
[Signature] Schroeder
[stamp] Top Secret
Teletype:
To the Reich Physician SS and Police SS Obergruppenfuehrer Dr. Grawitz, Berlin
Subject: Experiments by the Chief of the Medical Service of the Luftwaffe.
Reference: Your letter of 28 June 1944—Journal Number 13/44 secret
Obergruppenfuehrer!
The Reich Leader SS has decided that in accordance with the suggestion of SS Gruppenfuehrer Nebe, gypsies should be used for the experiments. In addition, three other prisoners will be made available.
Heil Hitler!
[Signed] Brandt
SS Standartenfuehrer
Reich Leader SS
Personal Staff “Office-A”
(13a) Waischenfeld/Ofr.
No. 135, Tel. No. 2
24 July 1944
Secret
SS Standardtenfuehrer Ministerialrat Dr. Brandt, for Information.
To SS Obergruppenfuehrer Reich Physician SS and Police Dr. Grawitz
Berlin W 15, Knesbeckstr. 51