COUNT ONE--THE COMMON
DESIGN OR CONSPIRACY
1. Between September 1939 and April 1945 all of
the defendants herein, acting pursuant to a common design, unlawfully,
willfully, and knowingly did conspire and agree together and with each
other and with divers other persons, to commit war crimes and crimes
against
humanity, as defined in Control Council Law No. 10, Article II.
2. Throughout the period covered by this
indictment
all of the defendants herein, acting in concert with each other and
with
others, unlawfully, willfully, and knowingly were principals in,
accessories
to, ordered, abetted, took a consenting part in, and were connected
with
plans and enterprises involving the commission of war crimes and crimes
against humanity.
3. All of the defendants herein, acting in
concert
with others for whose acts the defendants are responsible, unlawfully,
willfully, and knowingly participated as leaders, organizers,
investigators,
and accomplices in the formulation and execution of the said common
design,
conspiracy, plans, and enterprises to commit, and which involved the
commission
of, war crimes and crimes against humanity.
4. It was a part of the said common design,
conspiracy,
plans, and enterprises to perform medical experiments upon
concentration
camp inmates and other living human subjects, without their consent, in
the course of which experiments the defendants committed the murders,
brutalities,
cruelties, tortures, atrocities, and other inhuman acts, more fully
described
in counts two and three of this indictment.
5. The said common design, conspiracy, plans,
and
enterprises embraced the commission of war crimes and crimes against
humanity,
as set forth in counts two and three of this indictment, in that the
defendants
unlawfully, willfully, and knowingly encouraged, aided, abetted, and
participated
in the subjection of thousands of persons, including civilians, and
members
of the armed forces of nations then at war with the German Reich, to
murders,
brutalities, cruelties, tortures, atrocities, and other inhuman acts.
COUNT TWO--WAR CRIMES
6. Between September 1939 and April 1945 all of
the defendants herein unlawfully, willfully, and knowingly committed
war
crimes, as defined by Article II of Control Council Law No. 10, in that
they were principals in, accessories to, ordered, abetted, took a
consenting
part in, and were connected with plans and enterprises involving
medical
experiments without the subjects' consent, upon civilians and members
of
the armed forces of nations then at war with the German Reich and who
were
in the custody of the German Reich in exercise of belligerent control,
in the course of which experiments the defendants committed murders,
brutalities,
cruelties, tortures, atrocities, and other inhuman acts. Such
experiments
included, but were not limited to, the following:
A) High-Altitude Experiments
B) Freezing Experiments
C) Malaria Experiments
D) Lost (Mustard) Gas Experiments
E) Sulfanilamide Experiments
F) Bone, Muscle, and Nerve Regeneration
and
Bone Transplantation Experiments
G) Sea-Water Experiments
H) Epidemic Jaundice Experiments
I) Sterilization Experiments
J) Spotted Fever (Fleckfieber)
Experiments
K) Experiments with Poison
L) Incendiary Bomb Experiments |
7. Between June 1943 and September 1944 the
defendants
Rudolf Brandt and Sievers unlawfully, willfully, and knowingly
committed
war crimes, as defined by article II of Control Council Law No. 10, in
that they were principals in, accessories to, ordered, abetted, took a
consenting part in, and were connected with plans and enterprises
involving
the murder of civilians and members of the armed forces of nations then
at war with the German Reich and who were in the custody of the German
Reich in exercise of belligerent control. One hundred twelve Jews were
selected for the purpose of completing a skeleton collection for the
Reich
University of Strasbourg. Their photographs and anthropological
measurements
were taken. Then they were killed. Thereafter, comparison tests,
anatomical
research, studies regarding race, pathological features of the body,
form
and size of the brain, and other tests, were made. The bodies were sent
to Strasbourg and defleshed.
8. Between May 1942 and January 1944 (Indictment
originally read "January 1943" but was amended by a motion filed with
the
Secretary General. See Arraignment, page 18) the defendants Blome and
Rudolf
Brandt unlawfully, willfully, and knowingly committed war crimes, as
defined
by Article II of Control Council Law No. 10, in that they were
principals
in, accessories to, ordered, abetted, took a consenting part in, and
were
connected with plans and enterprises involving the murder and
mistreatment
of tens of thousands of Polish nationals who were civilians and members
of the armed forces of a nation then at war with the German Reich and
who
were in the custody of the German Reich in exercise of belligerent
control.
These people were alleged to be infected with incurable tuberculosis.
On
the ground of insuring the health and welfare of Germans in Poland,
many
tubercular Poles were ruthlessly exterminated while others were
isolated
in death camps with inadequate medical facilities.
9. Between September 1939 and April 1945 the defendants Karl Brandt,
Blome, Brack, and Hoven unlawfully, willfully, and knowingly committed
war crimes, as defined by Article II of Control Council Law No. 10, in
that they were principals in, accessories to, ordered, abetted, took a
consenting part in, and were connected with plans and enterprises
involving
the execution of the so-called "euthanasia" program of the German Reich
in the course of which the defendants herein murdered hundreds of
thousands
of human beings, including nationals of German-occupied countries. This
program involved the systematic and secret execution of the aged,
insane,
incurably ill, of deformed children, and other persons, by gas, lethal
injections, and diverse other means in nursing homes, hospitals, and
asylums.
Such persons were regarded as "useless eaters" and a burden to the
German
war machine. The relatives of these victims were informed that they
died
from natural causes, such as heart failure. German doctors involved in
the "euthanasia" program were also sent to Eastern occupied countries
to
assist in the mass extermination of Jews.
10. The said war crimes constitute violations of
international conventions, particularly of Articles 4, 5, 6, 7, and 46
of the Hague Regulations, 1907, and Articles 2, 3, and 4 of the
Prisoner-of-War
Convention (Geneva, 1929), the laws and customs of war, the general
principles
of criminal law as derived from the criminal laws of all civilized
nations,
the internal penal laws of the countries in which such crimes were
committed,
and Article II of Control Council Law No. 10.
COUNT THREE--CRIMES AGAINST
HUMANITY
11. Between September 1939 and April 1945 all of
the defendants herein unlawfully, willfully, and knowingly committed
crimes
against humanity, as defined by Article II of Control Council Law No.
10,
in that they were principals in, accessories to, ordered, abetted, took
a consenting part in, and were connected with plans and enterprises
involving
medical experiments, without the subjects' consent, upon German
civilians
and nationals of other countries, in the course of which experiments
the
defendants committed murders, brutalities, cruelties, tortures,
atrocities,
and other inhuman acts. The particulars concerning such experiments are
set forth in paragraph 6 of count two of this indictment and are
incorporated
herein by reference.
12. Between June 1943 and September 1944 the
defendants
Rudolf Brandt and Sievers unlawfully, willfully, and knowingly
committed
crimes against humanity, as defined by Article II of Control Council
Law
No. 10, in that they were principals in, accessories to, ordered,
abetted,
took a consenting part in, and were connected with plans and
enterprises
involving the murder of German civilians and nationals of other
countries.
The particulars concerning such murders are set forth in paragraph 7 of
count two of this indictment and are incorporated herein by reference.
13. Between May 1942 and January 1944
[Indictment
originally read "January 1943" but was amended by a motion filed with
the
Secretary General. See Arraignment, p. 18] the defendants Blome and
Rudolf
Brandt unlawfully, willfully, and knowingly committed crimes against
humanity,
as defined by Article II of Control Council Law No. 10, in that they
were
principals in, accessories to, ordered, abetted, took a consenting part
in, and were connected with plans and enterprises involving the murder
and mistreatment of tens of thousands of Polish nationals. The
particulars
concerning such murder and inhuman treatment are set forth in paragraph
8 of count two of this indictment and are incorporated herein by
reference.
14. Between September 1939 and April 1945 the
defendants
Karl Brandt, Blome, Brack, and Hoven unlawfully, willfully, and
knowingly
committed crimes against humanity, as defined by Article II of Control
Council Law No. 10, in that they were principals in, accessories to,
ordered,
abetted, took a consenting part in, and were connected with plans and
enterprises
involving the execution of the so called "euthanasia" program of the
German
Reich, in the course of which the defendants herein murdered hundreds
of
thousands of human beings, including German civilians, as well as
civilians
of other nations. The particulars concerning such murders are set forth
in paragraph 9 of count two of this indictment and are incorporated
herein
by reference.
15. The said crimes against humanity constitute
violations of international conventions, including Article 46 of the
Hague
Regulations, 1907, the laws and customs of war, the general principles
of criminal law as derived from the criminal laws of all civilized
nations,
the internal penal laws of the countries in which such crimes were
committed,
and of Article II of Control Council Law No. 10.
COUNT FOUR--MEMBERSHIP IN
CRIMINAL
ORGANIZATION
16. The defendants Karl Brandt, Genzken,
Gebhardt,
Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Brack, Hoven, and
Fischer
are guilty of membership in an organization declared to be criminal by
the International Military Tribunal in Case No. 1, in that each of the
said defendants was a member of the SCHUTZSTAFFELN DER
NATIONALSOZIALISTISCHEN
DEUTSCHEN ARBEITERPARTEI
(commonly known as the "SS") after 1 September
1939. Such membership is in violation of paragraph I (d), Article II of
Control Council Law No. 10.
Verdicts and Sentences
Wilhelm Beiglboeck
Beiglboeck was a Consulting Physician to the
Luftwaffe.
He was found guilty on Counts II and III.
Sentence: Imprisonment for a term of
fifteen
years
This sentence was reduced on appeal to ten years
in prison.
Viktor Brack
Brack was a Senior Colonel in the SS and the
Chief
Administrative Officer in the Chancellery of the Fuehrer. He was
found guilty on Counts II, III, and IV.
Sentence: Death by Hanging
Hanged June 2, 1948 at Landsberg prison in
Bavaria.
Karl Brandt
He was the personal physician to Hitler. He was
active in the SS and the Commissioner for Health and Sanitation.
Brandt was found guilty on Counts II, III, and IV.
Sentence: Death by hanging
Hanged June 2, 1948 at Landsberg prison in
Bavaria.
Rudolf Brandt
Brandt was a Personal Administrative Officer to
Himmler. He was found guilty on counts II, III, and IV.
Sentence: Death by hanging
Hanged June 2, 1948 at Landsberg prison in
Bavaria
Herman Brecker-Freyseng
Brecker-Freyseng was the Captian of Medical
Services
of the Air Force and Chief of the Department for Aviation Medicine of
the
Chief of Medical Services of the Luftwaffe. He was found guilty
on
Counts II and III.
Sentence: Imprisonment for a term of
twenty
years
This sentence was reduced on appeal to ten years
in prison.
Fritz Fischer
Fischer was a Major in the Waffen SS and an
Assistant
Physician to Gebhardt at the hospital at Hohenlychen. He was
found
guilty on Counts II, III, and IV.
Sentence: Imprisonment for the full term
and
period of natural life
This sentence was reduced on appeal to fifteen
years
in prison.
Karl Gebhardt
Gebhardt was the personal physician to Himmler
and
the president of the German Red Cross. He was found guilty on
Counts
II, III, and IV.
Sentence: Death by hanging
Hanged June 2, 1948 at Landsberg prison in
Bavaria.
Karl Genzken
Genzken was Chief of the Medical Department, a
part
of the Waffen SS. He was found guilty on Counts II, III, and IV.
Sentence: Imprisonment for the full term
and
period of natural life
This sentence was reduced on appeal to twenty
years
in prison.
Siegfried Handloser
Medical Inspector of the Army and Chief of
Medical
Services of the Armed Forces. Handloser was found guilty on
Counts
II and III.
Sentence: Imprisonment for the full term and period of natural
life
This sentence was reduced on appeal to twenty years in prison.
Waldemar Hoven
Hoven was Chief Doctor of Buchenwald
Concentration
Camp. He was found guilty on Counts II, III, and IV.
Sentence: Death by hanging
Hanged June 2, 1948 at Landsberg prison in
Bavaria.
Joachim Mrugowsky
Mrugowsky was the Chief Hygienist of the Reich
Physicians
SS and Police and of the Institute of the Waffen SS. He was found
guilty on Counts II, III, and IV.
Sentence: Death by hanging
Hanged June 2, 1948 at Landsberg prison in
Bavaria.
Herta Oberheuser
Oberheuser was a physician at Ravensbrueck
Concentration
Camp and an Assistant Physician to Gebhardt at the hospital at
Hohenlychen.
Oberheuser was found guilty on Counts II and III.
Sentence: Imprisonment for a term of
twenty
years
This sentence was reduced on appeal to ten years
in prison.
Helmut Poppendick
Poppendick was a Senior Colonel in the SS.
He was found guilty on Count IV.
Sentence: Imprisonment for a term of ten
years
This sentence was reduced on appeal to time
served.
Gerhard Rose
Rose was the Brigadier General of Medical
Services
of the Air Force. He was also Vice president of the Chief of the
Department for Tropical Medicine. He was Hygienic Adviser for
Tropical
Medicine to the Chief of Medical Services of the Luftwaffe. He
was
found guilty on Counts II and III.
Sentence: Imprisonment for the full term
and
period of natural life
This sentence was reduced on appeal to fifteen
years
in prison.
Oskar Schroeder
Schroeder was the Lieutenant General of Medical
Services. He was found guilty on Counts II and III.
Sentence: Imprisonment for the full term
and
period of natural life
This sentence was reduced on appeal to fifteen
years
in prison.
Wolfram Sievers
Sievers was a colonel in the SS and Director of
the Institute for Military Scientific Research. He was also the
Deputy
Chairman of the Managing Board of Directors of the Reich Research
Council.
He was found guilty on Counts II, III, and IV.
Sentence: Death by hanging
Hanged June 2, 1948 at Landsberg prison in
Bavaria
Defendants who were acquitted:
Kurt Blome
Blome was the Deputy of the Reich Health Leader
and Plenipotentiary for Cancer Research in the Reich Research Council.
Adolf Pokorny
Pokorny was a
Specialist in Skin and
Venereal
Diseases
Hans Wolfgang Robmerg
Robmerg was a Doctor on the Staff of the Department for Aviation
Medicine
at the German Experimental Institute for Aviation.
Paul Rostock
Rostock was Chief Surgeon of the Surgical Clinic
in Berlin as well as Chief of the Office for Medical Science and
Research
under Karl Brandt.
Siegfried Ruff
Ruff was the Director of the Department for Aviation Medicine at the
German
Experimental Institute for Aviation.
Konrad Schaefer
Schaefer was a Doctor on the Staff of the Institute for Aviation
Medicine
in Berlin.
Georg August Weltz
Weltz was Lieutenant Colonel of Medical Service of the Air Force and
Chief of the Institute for Aviation Medicine in Munich.
