It is also interesting that Rascher still mentions the partial assistance of Dr. Romberg in his first report (of 5 April 1942) (1971-A-PS, Pros. Ex. 49) but does not say anything more in the final second report (of 11 May 1942), (NO-220, Pros. Ex. 61) where he described the affair as though he alone had carried, out the experiments. Compare page 81, line 21: “Experiments carried out by myself”; or page 79, lines 15-16: “My heart experiments * * * that a very big sphere of work opened up for me,” etc. By that Rascher has clearly expressed that he did not have any assistance from Dr. Romberg in the experiments he thought particularly valuable, when he explains as particularly valuable his heart experiments and his observations concerning air embolism. Those were all experiments in which Ruff and Romberg had not the least interest, in which they never participated, and for which they would never have risked the health and the life of an experimental subject.

Even specialists like Dr. Ruff and Dr. Romberg could never understand the scientific or other aim which Rascher had in mind in the case of those arbitrary experiments with fatal endings. Even the layman can easily recognize the basic difference between the two categories of experiments. The legal experiments which had been authorized by Dr. Ruff were always restricted to a very short period of a few moments; but the fatal experiments of Dr. Rascher were, as he emphasized himself, continuous experiments without oxygen, therefore experiments lasting over 30 minutes. It is easily understandable that experiments of such a length without the administration of oxygen may be fatal. To prove this it would not have been necessary to sacrifice even one single human life in these experiments. Serious research workers like Dr. Ruff and Dr. Romberg had therefore never carried out and never authorized such experiments. That was also well known to Rascher, and this explains the fact as stated by Neff (German Tr. pp. 668, 670, 671) that Rascher kept Dr. Romberg intentionally away from his arbitrary experiments; furthermore that he even carried out his experiments at night to keep them secret from Dr. Romberg, and that he also did not ask Romberg to sign his intermediary report of 5 April 1942, nor his summarizing secret report of 11 May 1942, which Romberg would surely have refused to do.

It would therefore be quite wrong to attribute to Dr. Ruff and Dr. Romberg the intention of wanting to suppress something in their final report of 28 July 1942. (NO-402, Pros. Ex. 66.) For it is a proven fact that not only Himmler was informed by Rascher of the cases of death which had occurred, but that Dr. Ruff had also reported the cases of death for which Dr. Rascher was guilty, to his supreme superior, the Inspector of the Medical Service [of the air force], Dr. Hippke. For this same reason he had caused the low-pressure chamber to be removed from Dachau and had asked the witness, Dr. Hippke, to consent to this. These proven facts show that Dr. Ruff did not conceal anything and had nothing to conceal. The fact that the cases of death were not mentioned in the final report of 28 July 1942 has therefore nothing to do with any concealment but is only due to the fact that those experiments which had fatal results had nothing whatsoever to do with the experiments of Dr. Ruff and Dr. Romberg and their problem.

For the same reasons it is not surprising at all that Dr. Ruff did not inform Dr. Weltz of the fatal accidents during the special experiments of Rascher. Weltz was neither Ruff’s superior nor his subordinate, and at the time when Dr. Ruff learned of the deaths which had occurred during Rascher’s experiments, Dr. Rascher had already been transferred from the Weltz Institute.

The defense, therefore, arrives at the following conclusion:

Dr. Ruff only did what his superiors ordered him to do. If they have failed, they should be taken to account.

Dr. Ruff had no doubts concerning the orders of his superiors for his assignment was urgently necessary in the interest of his country, engaged in the most difficult war, and of its aviation. If Dr. Ruff at the time had been able to read all the international literature about medical experiments on human beings he would have learned that experiments much more exacting and much more dangerous than those with which he was familiar—which he knew and planned—were being conducted everywhere, also on prisoners; and perhaps they are still being conducted without the competent authorities or medical societies declaring them impermissible and intervening against them. Over many years, Dr. Ruff proved himself to be a particularly conscientious and considerate man of research who devoted his entire activity primarily to save endangered human lives. Neither can he be blamed for having collaborated for a short time with Dr. Rascher. He (Rascher) had been assigned to him as associate by his highest superiors; he had to rely upon that. If they ordered him to work together with a man who, later on, turned out to be a criminal, no liability can be charged to Dr. Ruff. When Dr. Ruff saw through his colleague who was forced upon him and realized his criminal activities, he immediately cut off all relations to him on his own initiative, avoided any further collaboration with him, and thus probably prevented much further disaster.

Field Marshal Milch was acquitted as far as the Dachau altitude tests are concerned.^[21] Medical Inspector Dr. Hippke was not indicted at all. Under these circumstances justice demands that Dr. Ruff be acquitted.

EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS

Low-Pressure Experiments

Low-pressure experiments (high-altitude experiments) were carried out in the Dachau concentration camp from 22 February to the end of May 1942.

The first plans to carry out experiments “for rescue from high altitudes” were discussed already in 1941. The experiments were an affair of the Luftwaffe. (1581-A-PS, Pros. Ex. 48.)

The carrying out of experiments for “rescue from high altitudes” was agreed upon, as far as the Dachau concentration camp was concerned, by the Reich Minister for Aviation (represented by State Secretary and Field Marshal Milch) and the Reich Leader SS Himmler. (German Tr. p. 274. Also judgment of Military Tribunal II, Nuernberg in case of Field Marshal Milch. See Vol. II.) The witness Neff gave the exact date of the start of the experiments. The experiments were started on 22 February 1942. The witness could remember this date so well because it was his birthday. (German Tr. p. 606.) After a few interruptions the experiments ended in the second half of May. (German Tr. p. 6779.)

When answering the question whether the experiments could inflict torture and death on the experimental subjects, one has to distinguish between the experiments which according to the detailed instructions of Dr. Ruff were carried out by Dr. Rascher and Dr. Romberg in the Dachau concentration camp, and the experiments which Rascher carried out either with the knowledge and permission of Himmler, or without his permission on his own responsibility.

With regard to the first experiments it has to be said that they caused the experimental subjects some discomfort through high-altitude sickness, but that on no account did they mean torture and death for the experimental subjects. (Evidence of Dr. Ruff in direct examination.)

On the other hand the experiments which Rascher conducted on his responsibility have, according to Prosecution Document 1971-A-PS (Pros. Ex. 49), apparently to be judged in a different manner.

Sievers came in contact with the low-pressure experiments only; in the second half of March 1942. By letter of 21 March 1942 Rudolf Brandt replied to an inquiry of the Reich business manager of the Ahnenerbe of 9 March 1942 concerning Rascher, and informed him that low-pressure experiments were carried out in the Dachau camp: “The Reich Leader SS gave his permission on condition that Dr. Rascher would participate.” (1581-A-PS, Pros. Ex. 48.)

The cause of Sievers’ letter of 9 March 1942 was the statement of Dr. Rascher to the curator Wuest, according to which certain research work which he carried out for the Luftwaffe in Dachau, and of which he could give no details, was to be supported by the administration of the “Ahnenerbe”. (German Tr. p. 5671.) Following this, Sievers went to Dachau in late March or on 1 April 1942. (German Tr. p. 5672.)

Thus this date was the earliest on which Sievers could possibly have gained knowledge about the carrying out of high-altitude experiments in Dachau. It is important that at this time the experiments had already been under way for over a month.

The cunning Rascher took the first visit of Sievers as an opportunity to invite Sievers to have a look at the experiments directed by him, in spite of the fact that Sievers had nothing at all to do with the carrying out of the experiments. Sievers watched two experiments. He took the opportunity to speak to the two persons who were subjected to the experiments on that day. Both told Sievers that they had volunteered for the experiment. A few minutes after the experiment both experimental subjects did not show any after-effects and finished the experiment without suffering any bodily or physical damage. (German Tr. p. 5741.)

The following proceeding shows the special care which was taken in the carrying out of these experiments: It was agreed with the experimental persons that in case of earache they were to point with the hand to the ear. When one of the experimental subjects did this, Dr. Romberg immediately altered the pressure conditions, and the behavior of the experimental subject showed that he had no more discomfort. (German Tr. pp. 5743 and 6845.)

Since the question of the voluntary status of the human experimental subjects may be of significance in the case of all experiments, a comprehensive presentation of the most important depositions on this subject is given here.

Himmler stated at the Easter conference in 1942, in answer to the scruples of Sievers, that only volunteers were to be allowed to be drawn upon for the experiments, and if the experiments were fraught with danger to life then only major criminals under sentence of death and no political prisoners would be taken. (German Tr. p. 5677.) The witness Neff testified that volunteers presented themselves for the experiments. (German Tr. p. 614.)

Dr. Craemer of the Mountain Institute for Psychology of the Army Mountain Medical School [Gebirgspsychologisches, Institut der Heeres-Gebirgs-Sanitaets-Schule] has, in an affidavit, reported a conversation with Dr. Rascher in the course of which the latter said:

The witness Meine declared:

Dr. Mrugowsky deposed the following in his direct examination regarding yellow-fever experiments:

Further, I refer to the affidavit of Dr. Morgen, which was submitted by Dr. Mrugowsky’s defense counsel, Mrugowsky 32 (Mrugowsky Exhibit 26):

In connection with the high-altitude experiments in Dachau, I quote the following from Dr. Ruff’s deposition:

The chief of Himmler’s personal staff, SS General Karl Wolff, gave an affidavit in London on 21 November 1946, which is of special importance because Wolff himself watched experiments in Dachau together with Himmler, and also reported to Hitler concerning the experiments:

Dr. Romberg declared in direct examination:

To the question: “Do you mean by that, that all the human experimental subjects who were used for the altitude experiments were voluntarily human experimental subjects?” Dr. Romberg answered with a clear, “Yes.” (German Tr. pp. 6787-88.)

The following is quoted from Dr. Weltz’ deposition:

The affidavit of the Polish Communist Wilschewske, an inmate of Dachau concentration camp, which was read on 28 April 1947, deposes as to the voluntary status of the human experimental subjects:

Dr. Becker-Freyseng deposed the following in his direct examination:

The witness Dorn, a former prisoner in Buchenwald, deposed in answer to the following question: Were these people now forced into these experiments or was there a possibility of volunteering?

Dr. Beiglboeck likewise makes assertions in his direct examination concerning the voluntary status of the human experimental subjects, and declares in conclusion:

The voluntary status of the prisoners is likewise confirmed in his affidavit by the witness Dr. Lesse, who worked as a doctor with Dr. Beiglboeck in Dachau. (Beiglboeck 14, Beiglboeck Ex. 20.)

The witness Mettbach has also confirmed the voluntary status of the human experimental subjects in connection with the sea-water experiments.

Finally reference is made to the deposition of the witness Nales, who was examined by the prosecution on 30 June 1947 in the second half of the forenoon session, and who testified to the voluntary status of the human experimental subjects used in the Lost gas experiments.

The evidence produced has not given the slightest grounds for believing that Sievers had any knowledge at all that nonvoluntary human experimental subjects were compelled to undergo experiments, or that the experiments would be painful or fraught with danger to life.

As a precaution let us also examine the question as to what further activity Sievers developed in connection with the low-pressure experiments. From the document book presented by the prosecution it appears that Sievers passed on letters which came to his office. Sievers is mentioned in some documents. The following separate letters are at hand:

In connection with the altitude experiments, the prosecution’s document book contains the following documents in which the Reich Business Manager of the Ahnenerbe is mentioned in one way or another. (NO-263, Pros. Ex. 47.) Letter from Frau Rascher to the Reich Leadership SS dated 24 February 1942:

From this it is seen how very keen even Frau Rascher was that her husband should participate in the experiments in Dachau. This was at a time when Sievers had as yet no knowledge at all of the altitude experiments.

Letter from the Reich Business Manager of the Ahnenerbe to Dr. Brandt, dated 26 August 1942 (NO-221, Pros. Ex. 68). This letter contains a copy of a letter from Rascher which had as its subject a report by Rascher and Romberg to Field Marshal Milch. The second part of the letter contains the report and the assent to the publication of the scientific results. Here the date of the letter must be pointed out, 26 August 1942, which was many weeks after the altitude experiments had come to an end, in May 1942.

Dr. Brandt’s reply to Sievers, dated 29 August 1942 (NO-222, Pros. Ex. 69):

Here it is to be observed that this letter likewise was written long after the conclusion of the altitude experiments and, like the preceding one, contains nothing at all concerning the experiments. It cannot be inferred from the letter dated 29 August 1942 that a copy of the report sent to Field Marshal Milch was also sent to the Ahnenerbe.

Brandt sends Sievers a copy of his letter to Dr. Rascher dated 6 September 1942 (NO-223, Pros. Ex. 71). It contains the information that Field Marshal Milch will ask Dr. Rascher and Dr. Romberg to meet shortly and report.

Letter from Rascher to Himmler, dated 9 October 1942 (1610-PS, Pros. Ex. 73). Sievers is mentioned in connection with the unsuccessful report to Milch. It is worth noting that Rascher asks that the low-pressure chamber may still be left at his disposal for further experiments.

Letter from the Reich Business Manager of the “Ahnenerbe” to the personal staff, for the attention of Dr. Brandt, dated 21 October 1942 (NO-226, Pros. Ex. 75 (Pros. Ex. 110 in Milch case); 1617-PS, Pros. Ex. 111 in Milch case). This letter contains the information that the freezing experiments are finished and that the altitude experiments desired by the Reich Leader SS can now be continued. For this purpose the low-pressure chamber will be needed again, and the Reich Leader SS is to write personally to Field Marshal Milch. The rough draft of a letter of the Reich Leader SS to Field Marshal Milch was enclosed with this letter. This rough draft is submitted by the prosecution as NO-226, Prosecution Exhibit 75. This draft was submitted by Sievers because of an assignment given to him by Himmler. The rough draft was drawn up in accordance with Rascher’s suggestions. (German Tr. p. 5682.)

This letter, dated 13 December 1942, contains several research commissions given personally by Himmler to Rascher (1612-PS, Pros. Ex. 79). Number 5 reads:

A copy went to the Ahnenerbe.

This is a letter from the Vorstand [Board of Directors] of the Siemens-Schuckert-Werke, Berlin, and concerns the ordering of an electrocardiograph (NO-3675, Pros. Ex. 548). This apparatus was never delivered because the “SS priority grade” was not certified. Let it be remarked here, for the sake of understanding, that the designation “SS priority grade” was in general use and had nothing to do with the “SS”, the so-called “Schutzstaffeln” of the NSDAP.

Letter from Sievers to the Rector of the University of Munich concerning the loan of different pieces of apparatus (NO-3674, Pros. Ex. 549.) Dr. Wuest was, as repeatedly pointed out, office chief of the Ahnenerbe. As such he had exact information concerning the research commissions of the Institute for Military Scientific Research. A simple way to obtain the apparatus would have been an agreement made over the telephone. If Sievers chose to do it by letter it was only because of the delaying tactics practiced by him. This is seen clearly from the postscript intended for Rascher, telling him not to participate. It is also worthy of note that the apparatus was to be used in Munich and not in Dachau.

Sievers had no right to issue orders or instructions in connection with the low-pressure experiments, as is seen from part III of the closing brief. Sievers had not the slightest influence on the carrying out of the experiments.

Sievers could have had no knowledge that the experiments might be inhuman, because he, or the Ahnenerbe, was only brought in when the experiments had already been in progress for over a month.

The question still to be examined is whether and when Sievers received knowledge of Rascher’s reports concerning his experiments. To this the following details are pointed out: On 5 April 1942 Rascher sent an interim report on his low-pressure experiments direct to Himmler. He asked that the report should be treated as secret. (1971-A-PS, Pros. Ex. 49.)

The acknowledgment of the receipt did not go through the Ahnenerbe but went directly from Rudolf Brandt to Rascher. (1971-C-PS, Pros. Ex. 50.) It is nowhere mentioned that a copy went to the Ahnenerbe. From the distribution of the order issued by Himmler thereon (1971-B-PS, Pros. Ex. 51), it is clearly seen that the Ahnenerbe received no copy of the order.

On 11 May 1942 Rascher sent a further secret report direct to Himmler, so that Sievers here too had no possibility of acquiring any knowledge of this report. (NO-220, Pros. Ex. 61.)

On 22 September 1942 the German Experimental Station for Aviation sent copies of Nos. 2, 3, and 4 of the report “Experiments on Rescue from High Altitudes” as “top secret” matter to the Reich Leader SS “to be filed there”. (NO-402, Pros. Ex. 66.) Even if the first page of the report bears the note, “The investigations were conducted in conjunction with the Research and Instruction Association the Ahnenerbe”, no kind of proof is thereby furnished that a copy of the report reached the Ahnenerbe. It is true that Sievers does not exclude the possibility that such a report came to the Ahnenerbe, but he denies that he read such a report, because it did not concern him, and it also did not interest him as it dealt with medical matters. If he did read any of it, it was at the most the short summary to be found at the end. (German Tr. p. 5681.)

It must also be pointed out that there is nothing in this report which could lead to the conclusion that the experiments had fatal results. The prosecution’s expert Professor Ivy also confirmed this in answer to the Court’s question: “Is there anything mentioned in the Ruff-Romberg-Rascher report about experiments concerning which it can be asserted with absolute certainty that fatalities, permanent injury, or great pain have resulted in the case of human experimental subjects?” The expert’s answer was “No.” (German Tr. p. 9217.) In addition this report was sent to Himmler on 22 September 1942, thus, long after the close of the experiments. Sievers cannot then have gained any insight into Rascher’s criminal activity from Rascher’s reports.

Sievers had not the power or the opportunity of preventing Rascher’s criminal experiments or of bringing them to a standstill. It is true that at the Easter conference in 1942 he tried to move Himmler to discontinue all experiments in the concentration camps, or at least to bring about the suppression of the research of Rascher and Professor Dr. Hirt, which were not in harmony with the character of the Ahnenerbe. Both his suggestions were refuted by Himmler’s declaration that “all that” was no concern of Sievers and that he (Himmler) bore the sole responsibility. (German Tr. p. 5714.)

In spite of Himmler’s declaration, Sievers endeavored to halt further low-pressure experiments, when the low-pressure chamber had been removed from Dachau at the beginning of June 1942.

Already on 27 November 1942, the chief of the personal staff of the Reich Leader SS, SS General Wolff, had applied to Field Marshal Milch in order to make possible Rascher’s further experiments in Dachau. In the closing sentence of this letter the loan of the low-pressure chamber is once again requested. (NO-269, Pros. Ex. 78 (Pros. Ex. 118 in the Milch Case).)

That General Wolff by Himmler’s orders laid great stress on making further experiments possible is seen from the fact that a copy of the letter went also to SS Oberfuehrer Dr. Wuest, who was office chief of the Ahnenerbe. Thereby the special importance of the affair was to be shown also to the Ahnenerbe, on which the obligation rested to procure the requisite apparatus in accordance with figure three of Himmler’s order of 7 July 1942 (NO-422, Pros. Ex. 33) and repeated later under figure five of Himmler’s order of 13 December 1942 (1612-PS, Pros. Ex. 79).

When the Luftwaffe did not make the low-pressure chamber available again, Sievers was commissioned to buy a special portable low-pressure chamber for the SS. (German Tr. p. 5800.) And then Sievers did something unheard of and rang up Dr. Romberg of the German Experimental Station for Aviation. Romberg was very much surprised at this telephone call. (German Tr. pp. 6839-40.)

Through his communication that he had been commissioned by Himmler to procure a low-pressure chamber for Rascher, who at that time was still a member of the Luftwaffe, he aroused the attention of the Luftwaffe. For Dr. Romberg communicated this news to his superior Dr. Ruff, who, on his side, informed Dr. Becker-Freyseng of the Medical Inspectorate of the Luftwaffe. (German Tr. pp. 6607-08, 7878; Becker-Freyseng 24, Becker-Freyseng Ex. 11.) This was what Sievers counted upon. The consent of the Luftwaffe would have been necessary for the purpose of sanctioning the requisite priority grade for a low-pressure chamber. The Luftwaffe denied this necessity and thus the low-pressure chamber under consideration for Rascher was not procured.

When Himmler in the year 1943—probably at Rascher’s urging—ordered Sievers again to procure a low-pressure chamber, Sievers was able once more to prevent one from being procured. This time he pointed out that the research management of the Luftwaffe did not consider it necessary to continue with altitude experiments. Sievers advanced this statement at random, profiting by the fact that Rascher, though probably known to the Medical Inspectorate of the Luftwaffe, was not known to the research management of the Luftwaffe. (German Tr. p. 5801.)

Summary

Criminal action on the part of Sievers cannot be proved in connection with the low-pressure experiments. The carrying out of the experiments was neither ordered nor arranged for by him. He did not come into contact with the experiments until they had been in progress for over a month. What Sievers saw, heard, and read about the experiments could not in any way give him the knowledge that inadmissible experiments were being made. Sievers had no knowledge of Rascher’s criminal experiments while the experiments were in progress, because Rascher kept these experiments completely secret. Sievers’ activity was of a completely subordinate nature. Apart from that, however, Sievers helped to prevent Rascher (whom Sievers could not bear, for he was a pompous fellow and a protégé of Himmler) from being put again in a position to carry on further low-pressure experiments.

There is no criminal guilt then on the part of Sievers, as far as Sievers’ contact with the low-pressure experiments is concerned.

d. Evidence