Various human beings, unwillingly, and entirely without their consent, were required and compelled to, and did participate in the aforesaid experiments as subjects thereof. The said non-consenting subjects were prisoners of war, German civilians and civilians from German occupied territory, whose exact citizenship, in many cases, could not be ascertained. Among the experimental subjects there were numerous deaths, estimated by witnesses at 70 or 80, resulting directly from compulsory participation in the experiments. Exact data on the total fatalities cannot be stated, but there is convincing evidence that during the last day's operation of the high altitude experiments five participating and non-consenting subjects died as the result thereof. The greater number of the experimental subjects suffered grave injury, torture and ill treatment.
FREEZING EXPERIMENTS In this experiment, or series of experiments, Rudolf Brandt is established as an intermediary and necessary aid between Heinrich Himmler, who authorized the work to be done, and those who were appointed by him actually to perform the ruthless task.
Evidence is conclusive that Rudolf Brandt at all times knew exactly what experimental processes would be carried out. He knew the procedure followed was to select from the inmates at Dachau such human subjects as were considered most suitable for experimental purposes. He knew that no consent was ever deemed necessary from the persons upon whom the experiments were to be performed. He knew that among the experimental subjects were non-German nationals, including civilians and prisoners of war.
The exact number of deaths cannot be ascertained from the evidence, but that fatalities occurred among the experimental subjects has been proven beyond a reasonable doubt.
LOST (MUSTARD) GAS EXPERIMENTS On this specification, an affidavit of the defendant Rudolf Brandt which is confirmed by other evidence reads substantially as follows:
"Towards the end of the year 1939 experiments were conducted at the Sachsenhausen Concentration Camp on persons who were certainly not all volunteers, in order to ascertain the efficacy of the different treatment of wounds inflicted by Lost gas. Lost is a poisonous gas which produces injurious effects on the epidermis. I think it is generally known as mustard gas. Therefore, experiments were conducted on inmates of concentration camps. As far as I understand, the experiments consisted of inflicting wounds upon various parts of the bodies of the experimental subjects and infecting them thereafter with Lost. Various methods of treatment were applied in order to determine the most effective one...
"In the second half of 1942 Hirt (Dr. August Hirt) together with... who served in the Luftwaffe, initiated experiments on inmates of the Natzweiler Concentration Camp. The inmates for these as well as other experiments were simply chosen by Pohl's office, the Economic and Administrative Main Office (WVHA). In order to be employed for such purposes, the experiments on human subjects with Lost gas had been carried on during the years 1943 and 1944 in the Sachsenhausen Concentration Camp as well as in the Natzweiler Concentration Camp. The result was that some of the inmates died."
In the course of the gas experiments above referred to, testimony in the record discloses that a considerable amount of correspondence was carried on by persons concerned (except the experimental subjects themselves), and it appears that some, at least, of this was referred to Rudolf Brandt for action, upon which he personally intervened sufficiently to associate himself actively with the conduct of the work being done. And so he must be regarded as criminally responsible.
STERILIZATION EXPERIMENTS Rudolf Brandt is charged, as in the indictment set forth, with special responsibility under the above heading.
The means by which sterilization experiments or processes were to be made or utilized included X-ray treatment, surgery, and drugs.
No specific instances of any drug being actually used have been clearly shown by oral testimony or exhibits herein submitted in evidence. In reference to the x-ray and surgery methods of sterilization, however, Rudolf Brandt is shown by the evidence to have taken a moving part in the preparation of plans, and in their execution, sufficient to justify the Tribunal in finding his criminal connection therewith. An affidavit executed by the defendant Rudolf Brandt reads as follows:
"Himmler was extremely interested in the development of a cheap, rapid sterilization method which could be used against enemies of Germany, such as the Russians, Poles, and Jews. One hoped thereby not only to defeat the enemy, but to exterminate him. The capacity for work of the sterilized persons could be exploited by Germany, while the danger of propagation would be eliminated. This mass sterilization was part of Himmler's racial theory; particular time and care were devoted to these sterilization experiments."
We learn from the record that persons subjected to treatment were "young, well-built inmates of concentration camps who were in the best of health, and these were Poles, Russians, French, and prisoners of war."
It goes without saying that the work done in conformity with the plans of Himmler, substantially aided by the cooperation of Rudolf Brandt, brought maiming and suffering to great numbers of people.
TYPHUS EXPERIMENTS Medical experiments ostensibly conducted to benefit Germany in the prevention of typhus fever were carried on in the Natzweiler Concentration Camp beginning with the year 1942.
The details of these experiments have been dealt with elsewhere in this judgment.
In the evidence it is proven that not less than 50 experimental subjects died as a direct result of their participation in these typhus experiments. Persons of all nationalities were used as subjects. Regarding these enterprises, Rudolf Brandt, in his own affidavit, admits that these experimental subjects did not volunteer but were conscripted and compelled to serve without their consent being sought or given.
Inasmuch as information on the typhus experiments, both before and after their performance, was furnished, as a matter of course, to Himmler through Brandt, the defendant's full knowledge of them is regarded as definitely proven.
Here, again, the managing hand of the defendant is shown. The smooth operation of these experiments is demonstrated to have been contingent upon the diligence with which Rudolf Brandt arranged for the supply of quotas of suitable human experimental material to the physicians at the scene of the experiment.
In view of these proven facts, the defendant Rudolf Brandt must be held and considered as one of the defendants responsible for performance of illegal medical experiments where deaths resulted to the non-consenting human subjects.
SKELETON COLLECTION In response to a request by Rudolf Brandt, on 9 February 1942 the defendant Sievers, business manager of the Ahnenerbe, submitted to him certain data on the alleged desirability of securing a Jewish skeleton collection for the Reich University of Strasbourg.
The report furnished to the defendant Brandt contained among other things the following:
"By procuring the skulls of the Jewish Bolshevik Commissars, who personified a repulsive yet characteristic humanity, we have the opportunity of obtaining tangible scientific evidence. The actual obtaining and collecting of these skulls without difficulty could be best accomplished by a directive issued to the Wehrmacht in the future to immediately turn over alive all Jewish Bolshevik Commissars to the field police.
On February 27, 1942, Rudolf Brandt informed defendant Sievers that Himmler would support the enterprise and would place everything necessary at his disposal; and that Sievers should report again in connection with the undertaking.
Testimony and exhibits placed before this Court are abundantly sufficient to show that the plan mentioned was actually put into operation; that not less than 86 people were murdered for the sole purpose of obtaining their skeletons. Much more could be said in reference to this revolting topic but it would add nothing to the Judgment. The fact that Rudolf Brandt showed an initial interest and collaborated in the undertaking is enough to require a finding that he is guilty of murder in connection with the program.
MALARIA, SEAWATER, AND EPIDEMIC JAUNDICE EXPERIMENTS, AND THE CHARGE OF THE MURDER AND MISTREATMENT OF POLES
It appears to be well established that Himmler sponsored, supported, furthered, or initiated each of these enterprises. Doubtless Brandt knew what was going on, and perhaps he helped in the program. The evidence is not sufficient, however, to justify such a finding.
The Tribunal finds that the defendant Rudolf Brandt was an accessory to, ordered, abetted, took a consenting part in, was knowingly connected with plans and enterprises involving, and was a member of an organization or group connected with, the commission of medical experiments on non-German nationals, without their consent, in the course of which experiments murders, brutalities, cruelties, tortures, atrocities, and other inhumane acts were committed; and the murder of no less than 86 non-German Jews for a skeleton collection. To the extent that these crimes were not War Crimes they were Crimes against Humanity.
MEMBERSHIP IN CRIMINAL ORGANIZATION Under Count Four of the indictment Rudolf Brandt is charged with being a member of an organization declared criminal by the judgment of the International Military Tribunal, namely, the SS.
The evidence shows that Rudolf Brandt became a member of the SS in 1933, and remained in this organization until the end of the war. As a member of the SS he was criminally implicated in the commission of War Crimes and Crimes against Humanity, as charged under Counts Two and Three of the indictment.
An extremely persuasive and interesting brief on behalf of the defendant Rudolf Brandt, filed by his attorney, has received careful attention by this Tribunal. Therein it is urged that Rudolf Brandt's position under Heinrich Himmler was one of such subordination, his personal character so essentially mild, and he was so dominated by his chief, that the full significance of the crimes in which he became engulfed came to him with a shock only when he went to trial. This plea is offered in mitigation of appalling offenses in which the defenrdant Brandt is said to have played only an unassuming role.
If it be thought for even a moment that the part played by Rudolf Brandt was relatively unimportant when compared with the enormity of the charges proved by the evidence, let it be said that every Himmler must have his Brandt, else the plans of a master criminal would never be put into execution.
The Tribunal, therefore, cannot accept the thesis.
CONCLUSION Military Tribunal I finds and adjudges that the defendant Rudolf Brandt is guilty under Counts Two, Three, and Four of the indictment.
THE PRESIDENT: The Tribunal will now be in recess for a few moments.
(A recess was taken.)
THE PRESIDENT: The case of defendant MRUGOWSKY.
The defendant is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, freezing, malaria, sulfanilamide, typhus, poison, epidemic jaundice, and incendiary bomb, experiments. Charges were made concerning certain other medical experiments, but they have been abandoned by the Prosecution.
Mrugowsky joined the NSDAP in 1930 and the SS in 1931. He ultimately rose to the rank of Senior Colonel in the Waffen-SS.
In 1938 Mrugowsky became a member of the Staff of the SS Medical Office, as hygienist. At the beginning of 1939, he founded the Hygiene Bacteriological Testing Station of the SS in Berlin, whose purpose was to combat epidemics in the SS garrison troops of the WaffenSS. In 1940 the station was enlarged and renamed the "Hygiene Institute of the Waffen-SS." Mrugowsky became its Chief and at the same time Chief of the Office for Hygiene in the Medical Service of the WaffenSS, under Genzken.
In his dual capacity Mrugowsky was answerable to Genzken in all questions concerning epidemic control and hygiene in the Waffen-SS, but as Chief of the Hygiene Institute, was military superior and commander of the Institute and its affiliated, institutions with power to issue orders.
The Medical Service of the Waffen-SS was reorganized on 1 September 1943. Mrugowsky and the Hygiene Institute were transferred from under Genzken and became directly subordinated to Grawitz as Reichsarzt SS and Police. By this transfer Mrugowsky became Chief Hygienist under Grawitz, but remained Chief of the Hygiene Institute.
TYPHUS AND OTHER VACCINE EXPERIMENTS:
The details concerning the vaccine experiments conducted at Buchenwald Concentration camp have been related elsewhere in this Judgment and hence the details need no further discussion.
As pointed out in the case against Handloser there is evidence in the record that on 29 December 1941 a conference was held in Berlin attended by Mrugowsky at which the decision was reached to begin research tests at Buchenwald to determine the efficiency of egg-yolk, and other, vaccines as protection against typhus.
As a result of the conference such an experimental station was established at Buchenwald under the direction of Dr. Ding, with the defendant Hoven acting as his deputy.
Except for a few tests conducted early in 1942, all experiments were carried out in Block 46 -- so called clinical block of the station. In the autumn of 1943 a vaccine production department was established in Block 50 and this also came under the supervision of Dr. Ding-Schuler.
It would burden this judgment unnecessarily to narrate in detail the various tests and experiences carried out by DING at Buchenwald as a result of the decisions reached at higher levels. All of them conformed to a more or less uniform pattern, with certain groups of inmates being inoculated with vaccines, other groups (known as central groups) being given no immunization, and finally both groups being artificially infected with a virulent virus, and the results noted upon the experimental subjects.
We learn from the Ding Diary, the authenticity and reliability of which has been discussed at length in other portions of the judgment, the methods employed and the results obtained in at least some of the experiments.
For example: Typhus vaccination material Research Series I", which began on 6 January 1942, 135 inmates were vaccinated with Weigl, Cox-Haagen-Gildemeister, Behring Normal, or Behring Strong, vaccines; 10 persons were used for control. On 3 March 1942 all test subjects, including control persons, were artificially infected with virulent virus of rickettsia-prowazeki furnished by the Robert Koch Institute. Five deaths occurred; three in the control group and two among the vaccinated subjects.
In typhus vaccine; research series II", from 19 August to 4 September 1942, 40 persons were vaccinated with two different vaccines; 19 persons were used for control. Subsequently all were artificially infected with virulent virus; four deaths among the control persons occurred.
The entries in the diary concerning "Typhus vaccine experimental series VII" read as follows:
"28 May 43 - 18 June 1943: Carrying of typhus vaccination for immunization with the following vaccine: l) 20 persons with vaccine "Asid",
2) 20 persons with vaccine "Asid Adsorbat",
3) 20 persons with vaccine "Weigl" of the institute for spotted fever and virus research of the supreme command; Army (OKH) Cracow (Eyer)... All experimental persons got very serious typhus. 7 Sept. 43: Chart and case history completed. The experimental series was concluded. 53 deaths (18 with "Asid") (18 with "Asid Adsorbat") (9 with "Weigl") (8 control) 9 Sept, 43: Charts and case histories delivered to Berlin. Dr. Ding SS-Sturmbannfuehrer."
Concerning 'typhus vaccine experimental series VIII" begun on 8 March 1944 the following entry appears in the diary:
"Suggested by Colonel M.C. of the air-corps, Prof. Rose (Oberst Arzt) the vaccine "Kopenhagen" (IpsenMurine-Vaccine) produced from mouse liver by the national serum institute in Kopenhagen was tested for its compatibility on humans. 20 persons were vaccinated for immunization by intramuscular injection...10 persons were contemplated for control and comparison, 4 of the 30 persons were eliminated before the start of the artificial injection, be cause of intermittent sickness.
..The remaining experimental persons were infected on 16 April 44 by subcutaneous injection of l/20 cc typhus sick fresh blood...The following fell sick:
a) 17 persons immunized; 9 medium, 8 seriously;
b) 9 persons control, 2 medium, 7 seriously... 2 June 44: The experimental series was concluded. 13 June 44: Chart and case history completed and sent to Berlin. 6 deaths (3 Kopenhagen) (3 control). Dr. Ding."
"Typhus vaccine experimental series IX" began on 17 July Twenty persons were immunized with the vaccine "Weimar", produced by the department for typhus and virus research of the Hygiene Institute of the Waffen-SS; and for comparison, another group of 20 persons were immunized with vaccine "Weigl" produced from lice by the Army Supreme Command (OKH) in Cracow. Still another group of 20 persons were used for the control group. On 6 September 1944 the 60 experimental persons were infected with fresh blood "sick with typhus" which was injected into the upper arm. As a result all experimental persons became sick; some seriously. The narration of this experimental series closes with the cryptic report: "4 Nov. 44: Chart and case history completed, 24 deaths (5 'Weigl') (19 Control). Dr. Schuler."
These entries are but few of the many which we have taken at random from the Ding diary, dealing with the sordid murders of defenseless victims in the name of Nazi medical science. Many more could be set forth if time and space permitted. An analysis of the Ding Diary discloses that no less than 729 concentration camp inmates were experimented on with typhus, at least 154 of whom died. And this toll of death takes no account of the certain demise of scores of so-called "passage" persons who were artificially infected with typhus for the sole purpose of having at hand an ever-ready supply of fresh blood "sick with typhus", to be used to infect the experimental subjects.
There is some evidence to the effect that the comp inmates used as subjects in the first series submitted to being used as experimental subjects after being told that the experiments were harmless and that additional food would be given to volunteers. But these victims were not informed that they would be artificially infected with a highly virulent virus nor that they might die as a result. Certainly no one would seriously suggest that under the circumstances these men gave their legal consent to act as subjects. One does not ordinarily consent to be the special subject of a murder, and if one did, such consent would not absolve his slayer.
Later, when news of what was happening in Block 46 became generally known in the comp it was no longer possible to delude the inmates into offering themselves as victims. Thereupon, the shabby pretense of seeking volunteers was dropped and the experimental subjects were taken arbitrarily from a list of inmates prepared by the camp administration.
Other experiments were also carried out in Block 46 of Buchenwald to test typhoid, para-typhoid A and B, and yellow fever.
As in the typhus experiments, non-consenting human subjects were used, including not only German criminal prisoners but also Poles, Russians and Frenchmen, both civilians and prisoners of war.
In all the typhus experiments death resulted to many experimental subjects. As to each of these experiments the evidence is overwhelming that they were carried out by Ding under the orders or authority of the defendant Mrugowsky.
POISON EXPERIMENTS:
On 11 September 1944 Mrugowsky, Ding, and a certain Dr. Wildmann, carried out an experiment with aconditin nitrate projectiles in the Sachenshausen Concentration Camp. Details of the experiment are fully explained by a "Top Secret" report of the sordid affair in a letter written by the defendant Mrugowsky to the Criminological Institute, Berlin. The letter follows:
"Subject: Experiments with Aconitin nitrate Projectiles To the Criminological Institute attn: Dr. WILDMANN Berlin "In the presence of SS-Sturmbannfuehrer Dr. DING, Dr. WILDMANN and the undersigned, experimentS with Aconitin nitrate projectiles were conducted on 11 September 1944 on 5 persons who had been condemned to death.
The projectiles in question were of a 7.65 mm caliber, filled with crystalized poison. The experimental subjects, in a lying position, were each shot in the upper part of the left thigh. The thighs of two of them were cleanly shot through. Even afterwards, no effect of the poison was to be observed. These two experimental subjects were therefore exempted.
"The entrance of the projectile did not show any peculiarities. Evidently, the arteria femolaries of one of the subjects was injured. A light stream of blood issued from the wound. But the bleeding stopped after a short time. The loss of blood was estimated as having been at the most 3/4 of a later, and consequently was on no account fatal.
"The symptoms of the condemned three showed a surprising similarity. At first no peculiarities appeared. After 20-25 minutes a motor agitation and a slight ptyalism set in, but stopped again. After 40 to 45 minutes a stronger salivation set in. The poisoned persons swallowed repeatedly, but later the flow of saliva became so strong that it could not even be overcome by swallowing. Foamy saliva flowed from their mouths. Then choking and vomiting set in.
"After 58 minutes the pulse of two of them could no longer be felt. The third had a pulse rate of 76. After 65 minutes his blood pressure was 90/60. The sounds were extremely low. A reduction of blood pressure was evident.
"During the first hour of the experiment the pupils did not show any change. After 78 minutes the pupils of all three showed a medium dilation together with a retarded light reaction. Simultaneously, maximum respiration with heavy breathing inhalations set in. This subsided after a few minutes. The pupils contracted again and their reaction improved. After 63 minutes the patellar and achilles tendon reflexes of the poisoned subjects were negative. The abdominal reflexes of two of them were also negative. The upper abdominal reflexes of the third were still positive, while the lower were negative. After approximately 90 minutes, one of the subjects again started breathing heavily, this was accompanied by an increasing motor unrest. Then the heavy breathing changed into a flat, accelerated respiration, accompanied by extreme nausea. One of the poisoned persons tried in vain to vomit. To do so he introduced four fingers of his hand up to the knuckles into his throat, but nevertheless could not vomit. His face was flushed.
"The other two experimental subjects had already early shown a pale face. The other symptoms were the same. The motor unrest increased so much that the persons flung themselves up, then down, rolled their eyes and made meaningless motions with their hands and arms. Finally the agitation subsided, the pupils dilated to the maximum, and the condemned lay motionless. Masseter spasms and urination were observed in one case. Death occurred 121, 123 and 129 minutes after entry of the projectile.
"Summary: The projectiles filled with approximately 33 mg. of Aconitin nitrate in solid form had, in spite of only insignificant injuries, a deadly effect after two hours. Poisoning showed 20 to 25 minutes after injury. The main reactions were: salivation, alteration of the pupils, negative tendon reflexes; motor unrest and extreme nausea.
MRUGOWSKY, SS-Lecturer Oberfuehrer and Office Chief."
The defendant attempts to meet this charge with the defense that the subjects used in this experiment were persons who had been condemned to death and that he, Mrugowsky, had been appointed as their legal executioner.
One need but read the letter introduced in evidence to arrive at the conclusion that the defense has no validity, This was not a legal execution carried out in conference with the laws and rules of war, but a criminal medical experiment wherein wounds were inflicted on prisoners with the sole end in view of determining the effectiveness of poisoned bullets as a means of taking life. The hapless victims of this dastardly torture were Russian prisoners of war, entitled to the protection afforded by the laws of civilized nations. As has been said, in substance, in this judgment: While under certain specific conditions the rules of land warfare may recognize the validity of an execution by shooting, it will not under any circumstances countenance the infliction of death by maiming or torture.
SULFANILAMIDE EXPERIMENTS:
That Mrugowsky rendered assistance to Gebhardt in the sulfanilamide experiments at Ravensbruck is plainly shown by the record. Mrugowsky put his laboratory and co-workers at Gebhardt's disposal. He furnished the cultures for the infections. It was on the suggestion of Mrugowsky's office that wood shavings and ground glass were placed in the wounds of the subjects so that battle-field wounds would be more closely simulated.
GAS OEDEMA EXPERIMENTS:
Toward the end of 1942 a conference was held in the Military Medical Academy, Berlin, to discuss the effects of gas oedema serum on wounded persons. During the conference several cases were reported in which wounded soldiers who had received gas oedema serum injections in large quantities suddenly died without apparent reason. Mrugowsky, who participated in the conference, expressed the possibility that perhaps the deaths had been due to the phenol content of the serum. As a step toward solving the problem Mrugowsky ordered Dr. Ding Schuler, his subordinate, to take part in a euthanasia killing with phenol and to report on the results in detail.
In pursuance of the order given Dr. Ding and the defendant Hoven killed some of the concentration camp inmates at Buchenwald with phenol injections and Ding reported his findings to his superior officer, Mrugowsky, as required by the order.
FREEZING, INCENDIARY BOMB, AND EPIDEMIC JAUNDICE EXPERIMENTS:
As to these items the Tribunal is of the view that the evidence is insufficient to sustain the charges.
It has been proved beyond a reasonable doubt that the defendant Mrugowsky was a principal in, accessory to, ordered, abetted, took a consenting part in and was knowingly connected with plans and enterprises involving medical experiments on non-German nationals, without their consent, in the course of which experiments murders, brutalities, cruelties, tortures, atrocities and other in humane acts were committed, To the extent that these crimes were not war crimes they were crimes against Humanity.
COUNT FOUR: Under Count four the indictment the defendant is charged with being a member of an organization declared criminal by the International Military Tribunal, namely, the SS.
The evidence proves that Mrugowsky joined the NSDAP in 1930 and voluntarily became a member of the Waffen-SS in 1931. He remained in these organizations throughout the war. As a member of the Waffen-SS he was personally implicated in the commission of war crimes and crimes against humanity, as discussed in this judgment.
CONCLUSION Military Tribunal I finds and adjudges that the defendant Joachim Mrugowsky, is guilty, under Counts Two, Three, and Four of the Indictment.
POPPENDICK The defendant Poppendick is charged under Counts Two and Three of the Indictment with personal responsibility for, and participation in, High Altitude, Freezing, Malaria, Sulfanilamide, Seawater, Epidemic Jaundice, Sterilization, Typhus, and Poison, experiments.
He is charged under Count Four with being a member of an organization declared criminal by the Judgment of the International Military Tribunal.
The charges with reference to High Altitude and Poison Experiments have been abandoned by the Prosecution and hence will not be considered further.
Poppendick studied medicine at several German universities from 1921 to 1926, and passed his state examination in December of the latter year. He joined the NSDPJ? on 1 March 1932 and the SS on 1 July following. He rose to the rank of Lieutenant Colonel in the SS and to the rank of Senior Colonel in the Waffen-SS. He was also a member of a Nazi SS Physicians Association. In August 1935 he was appointed as a physician in the Main Race and Settlement Office in Berlin, and became Chief physician of that office in 1941.
He held the latter appointment until the Fall of 1944.
From 1 September 1939 until sometime in 1941 Poppendick was on active duty in the army as a surgeon. During the latter year he resumed his duties with the Race and Settlement Office in Berlin. Between 1939 and 1943 he performed some duties as a member of the staff of the Reich Physician SS and Police, Dr. Grawitz, taking care of special assignments.
In the fall of 1943 Poppendick was made Chief of the Personal Office of Grawitz, which position he retained until the end of the War.
FRIZZING EXPERIMENTS:
The evidence is that Poppendick gained knowledge of the freezing experiments conducted by Rascher at Dachau, as the result of a conference held between Rascher, Gawitz, and Poppendick on 13 January 1943, for the purpose of discussing certain phases of the research. The evidence does not prove beyond a reasonable doubt that Poppendick was criminally connected with these experiments, HALARIA EXPERIMENTS:
The Prosecution contends that Poppendick is criminally responsible for the malaria experiments conducted by Dr. Schilling at Dachau. Dr. Ploetner was engaged in the malaria experiments as a subordinate of Schilling. Sievers' Diary, which is in evidence, contains a notation that on 23 May 1944 Grawitz, Poppendick, Ploetner and Sievers, held a conference, which had probably been arranged by Poppendick three days previously by telephone. The subject of the conference is not disclosed by the diary entry, but it appears else where in the diary that on 31 Hay 1944 Grawitz sanctioned Ploetner's collaboration with Schilling.
Poppendick testified as a witness in his own behalf that he had heard that Schilling was carrying on special investigations at Dachau concerning immunity from malaria. He stated further that his knowledge of the nature of the investigations went no further. The record does not contradict his testimony.
The Tribunal finds that the evidence does not disclose beyond a reasonable doubt that Poppendick was criminally connected with the malaria experiments.
SULFANILAMIDE EXPERIMENTS:
Poppendick attended the Third Meeting of Consulting Surgeons at the Military Medical Academy, Berlin, and heard lectures by Gebhardt a and Fischerconcerning the sulfanilamide experiments, which have been discussed elsewhere in this Judgment. Under date of 7 September 1942 he signed a certificate to a true copy of a report concerning sulfanilamide experiments which had been conducted at Ravensbruck, made by Gebhardt to Grawitz. Grawitz forwarded the report, or a certified copy thereof, to Himmler.
We are of the opinion that Poppendick had knowledge of the original nature of the experiments conducted by Gebhardt and Fischer at Ravensbruck, but the defendant's criminal connection with any such experiments has not been proved by the evidence.
SEAWATER EXPERIMENTS:
The evidence does not disclose beyond a reasonable doubt that Poppendick was criminally implicated in these experiments.
EPIDEMIC JAUNDICE EXPERIMENTS:
The evidence does not disclose beyond a reasonable doubt that Poppendick wasocriminally implicated in these experiments.
STERILIZATION EXPERIMENTS:
Poppendick was Chief Physician of the Main Race and Settlement Office. The Judgment of the International Military Tribunal found that this office was "active in carrying out schemes for Germanization of occupied territories according to the racial principles of the Nazi Party and were involved in the deportation of Jews and other foreign nationals." See the Trial of the Major Ear Criminals, Vol.l,p.270.
Court. 1.
Testifying before this Tribunal, Poppendick stated that the Nazi racial policy was two-fold in aspect; one policy being positive, the other, negative, in character. The positive policy included many matters, one being the encouragement of Germany families to produce more children. The negative policy concerned the sterilization and extermination of non-Aryans, as well as other measures to reduce the non-Aryan population. According to Poppendick's testimony he was not concerned with the execution of the negative, but only with positive measures.
By letter dated 29 May 1941 Grawitz wrote to Himmler concerning a conference held on 27 May 1941 at which Dr. Clauberg was present and discussed his "new method of sterilization of inferior women without an operation."
Pappendick by letter dated 4 June 1941, which referred to a previous telephone conversation with Grawitz, wrote Roduolf Brandt stating that he was enclosing "the list of physicians who are prepared to perform the treatment of sterility" as requested by Himmler. The list referred to is evidently the same as was contained in a letter from Grawitz to Himmler, dated 30 May 1941, which stated: "In the following, I submit a list of specialists in charge of the treatment of sterility in women according to the method of Professor Clauberg."
It is shown by the evidence that Clauberg later carried out sterilization experiments on Jewesses at Auschwitz. Similar experiments were carried out in other concentration camps by SS doctors who were subordinate to Grawitz. It is evident that Poppendick knew of these . sterilization experiments, although it is not shown that he was criminally connected with them.
TYPHUS EXPERIMENTS:
It is not clear from the evidence that Poppendick was criminally connected with, or had knowledge of, the nature of the typhus experiments at Buchenwald, or the type of subjects upon which they were conducted.
INCENDIARY BOMB EXPERIMENTS:
There is some evidence in the record the effect that after incendiary bomb experiments were completed at Buchenwald, reports of the experiments were forwarded to Poppendick and Mrugowsky. It is evident that through the reports Poppendick gained knowledge of the nature of the experiments, but the record fails to show criminal responsibility of the defendant in connection therewith.
PHLEGMONE EXPERIMENTS:
The evidence clearly proves Poppendick's knowledge of these experiments, but it fails to show the defendant's criminal connection there with.
POLYGAL EXPERIMENTS:
The record does not show Poppendick's knowledge of or connection with these experiments.
HERMONE EXPERIMENTS:
The prosecution contends that the evidence shows Poppendick's criminal responsibility in connection with a series of experiments conducted at Buchenwald by Dr. Varnet, a Danish physician who claimed to have discovered a method of curing homosexuality by transplantation of an artificial gland.
Under date 15 July 1944 Poppendick wrote to Dr. Ding at the concentration comp Buchenwald, as follows:
"By request of the Reichsfuehrer SS the Danish doctor SS Sturmbannfuehere Dr. Varnet has been given opportunity to continue his hormone research with the SS, particularly the development of his artificial gland. The Reichfuehrer SS anticipates certain results from the treatment of homo sexuals with Varnet's artificial gland.