Report to Hitler on the charges against Erich Vogel (a Gestapo officer) for the mistreatment and torture of prisoners, opposing the request to drop the charges

Berlin, 18 June, 1935
The Reich Ministry of Justice Z.F. g 10 390/35
1. Communication to the Fuehrer and Reich Chancellor with addition of a certified copy, of Bl. 9-10 d.A., thus far
Subject: Motion of the Reich deputy in Saxony concerning the nolle-prossing of the criminal procedure - against Oberregierungsrat Vogel in Dresden on account of bodily injury while in office.
16 St.A 107/34 (StA.Dresden)
Inclosure: 1 loose sheet.
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The prosecuting authority in Dresden has indicated Oberregierungsrat Erich Vogel in Dresden (case designation 16 STA. 4 107/34) on account of bodily injury while in office. The following subject matter is the basis of the case:
Vogel belongs to the Gestapo office of the province of Saxony since its foundation and is chief of Main section II, which formerly bore the title Zub [Zentralstelle fuer Umsturzbekaempfung] (Central office for combatting revolt). In the process of combatting efforts inimical to the State Vogel carried out several so called borderland actions in the year 1933 in which a large number of politically unreliable persons and persons who had become political prisoners in the border territories were taken into protective custody [Schutzhaft] and brought to the Hohnstein protective custody camp. In the camp serious mistreatment of the prisoners has been going on at least since summer of 1933. The prisoners were not only, as in protective custody camp Bredow near Stettin, beaten into a state of unconsciousness for no reason, with whips and other tools but were also tortured in other ways, as for instance with a drip-apparatus especially constructed for the purpose, under which the prisoners had to stand so long that they came away with serious purulent wounds of the scalp. The guilty SA-leaders and SA-men were sentenced to punishments of 6 years to 9 months of imprisonment by the main criminal court of the provincial court in Dresden of 15 May 1935 (16 StA. 3431.34). Vogel, whose duties frequently brought him to the camp, took part in this mistreatment, insofar as it happened in the reception room of the camp during completion of the reception formalities, and in the supply room, during issuing of the blankets. In this respect it should be pointed out that-Vogel was generally known to the personnel of the camp—exactly because of his function as head of the Zub—and his conduct became at least partly a standard for the above-named conduct of the SA-leaders and men.
One of the border actions took place on 3 August 1935. Vogel had ordered the arrest of the persons who were brought to the camp at that time, and therefore also had responsibilities relative to their proper treatment. On account of the large number of those who were brought in, a pay office of the administration building in the lower castle yard was adapted as a makeshift reception room to help dispose of the formalities. The reception was being taken care of by Truppfuehrer [T/Sgt] Felix Sikora. He hit every incoming person without cause violently across the face with a steel ruler, so that it resounded loudly. In addition
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the prisoners, when brought in, Were spoken to roughly and at the same time beaten, partly even literally pushed into the room. Vogel stayed in the reception room a long time and watched these proceedings without doing anything about them. In his presence, for instance, the SA-man Mutze dealt such blows to one man, without provocation, that he turned around on himself. As already stated, Vogel not only took no steps against this treatment of the prisoners, but he even made jokes about it and stated that it amused him the way things were popping here.
In the supply room Vogel himself took a hand in the beating amid the general severe mistreatment. The SA-man there employed whips and other articles and beat the prisoners in such a manner that serious injuries were produced, the prisoners partly became unconscious and had to lie in the dispensary a long time. Vogel was often present in the supply room during the mistreatment. At least in the following cases he personally laid violent hands upon prisoners.
a. On the occasion of the borderland action of 3 August 1933 Vogel was in the chamber in the rear portion of the area, where the prisoners as a rule do not enter. At first Vogel observed from there the severe mistreatment which was administered to the prisoners at the counter where the. blankets were issued. Then he had a prisoner brought to the rear chamber and swung several blows of his fist at his head.
b. On 12 November 1933 Vogel arrived at the camp together with Regierungsrat Dr. Wolf from Leipzig and again entered the chamber. On this day several prisoners were brought in. Vogel pointed out one of the prisoners to the SA-men present in the room, among whorrf were Sturmmann Walter Rohmkopf, Truppfuehrer Herbert Meier, and Truppfuehrer Georg Lehmann, and declared, in effect, that this man "should get his ass particularly full". He also stated that the prisoner had offended or threatened one of his people. Upon this invitation the prisoner was laid across the counter in the usual manner, held fast by the head and arms, and then beaten for a considerable time by the SA men with whips and other articles. Along with this Vogel himself took part in the beating for a time, and after this mistreatment slapped him again, so that the prisoner appeared green and blue in the face. The prisoner is the tinsmith Hans Kuehitz, who bore the nickname Johnny. Upon his departure Vogel gave the head of the supply room, Truppenfuehrer Meier from 5 to 6 reichsmarks with the stated reason that the SA men "had sweated so". The money was then distributed by Meier to those SA-comrades who had taken part in the mistreatment.
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Under the date of 20 May 1935 the Reich Deputy in Saxony forwarded to me with a recommendation Vogel's petition for nolle prossing dated 10 May, 1935, which was addressed to him, and a copy of which is attached.
I do not wish to approve this petition. The mistreatments which took place in the camp of Hohnstein are more numerous and in their fashion more serious than the cases of mistreatment in the well-known protective custody camp Bredow, near Stettin. As in the case of Bredow an authoritative official of the State Secret Police, in like manner as SS-Sturmfuehrer Dr. Hoffmann, shot on 30 June, 1934, knowing of the mistreatment and for the most part instigating it himself, Oberregierungsrat Vogel, as an authoritative member of the supervisory agency of the camp for the State Secret Police of Saxony, knew of the mistreatment and to an extent even took part in it. By his actions he supported the convicted SA-leaders and men in their deeds and thereby bears the largest part of responsibility for the criminal acts committed there. It would not be right to let this participant, who in view of his training, his position of leadership, and his office, must have recognized the objectionability of the proceedings in the camp with particular clarity, go unpunished while the SA-leaders and men received considerable sentences—even if not very severe in comparison with their deeds. A nolle prossing of the case against Vogel would represent unearned granting of favors to a more highly placed participant, and therefore one endowed with more responsibility, and would be considered as such by all persons involved. It would stand in starkest irreconcilable contradiction to the treatment of the Stettin cases.
Signed: Dr. Guertner
2. To the Minister, respectfully
3. 1 month.