Chapter 25

4 Standarten with 3 Sturmbanne each with 3 infantry companies (each 148 men strong).1 machine gun company (150 men strong).1 medical unit.1 medical group necessary for the medical care of those camp prisoners who work outside.

4 Standarten with 3 Sturmbanne each with 3 infantry companies (each 148 men strong).

1 machine gun company (150 men strong).

1 medical unit.

1 medical group necessary for the medical care of those camp prisoners who work outside.

Besides, each Standarte:

1 motorcycle group (crossed out).1 group with weapons suited for street fights to be set up in 1939 (crossed out).1 trucking unit.1 Signal platoon.Besides 1 signal platoon for each Sturmbann to be set up in 1939 (crossed out).

1 motorcycle group (crossed out).

1 group with weapons suited for street fights to be set up in 1939 (crossed out).

1 trucking unit.

1 Signal platoon.

Besides 1 signal platoon for each Sturmbann to be set up in 1939 (crossed out).

2. Replacement units for the short time training for the reinforcement of the SS Totenkopfverbaende (police reinforcement). Strength corresponding to the reinforcement battalion of the army. All units of the SS Totenkopferbaende are to be motorized temporarily with 3-ton Opel-Blitz cars.

3. The strength and organization of the units will be determined by the extent of their special tasks of police nature (see fig. 1) and will be determined by me according to requirements upon suggestions of the Reichsfuehrer SS and chief of the German police.

4. The armament and equipment of the SS Totenkopfverbaende depends on their special tasks (see fig. 1); both are to be suggested to me by the Reichsfuehrer SS and chief of the German police, after he has discussed them with the supreme command of the army.

5.Regulations for the case of the mobilization.

The SS Totenkopfverbaende form the skeleton corps for the reinforcement of the SS Totenkopfverbaende (police reinforcement) and will be replaced in the guarding of the concentration camps by members of the General SS who are over 45 years of age and had military training.

The skeleton corps which, up to now, were units of the two replacement units for the short time training of the reinforcement of the SS Totenkopfverbaende will be transferred to the SS Verfuegungstruppe as skeleton crews of the replacement units for that unit.

D. Reinforcement of the SS Totenkopfverbaende (police reinforcement).

1. The reinforcement of the SS Totenkopfverbaende is a police unit which will be set up and armed automatically in the case of mobilization, in an emergency, at my command.

2. The Reichsfuehrer SS and chief of the German police will decide its strength within the total strength of all police units which I shall determine for the territory of the Reich.

3. The organization, distribution of units, armament, and training of the reinforcement of the SS Totenkopfverbaende depend entirely on the police tasks they will have to handle.

The responsibility for the full readiness for action in that respect rests with the Reichsfuehrer SS and chief of the German police who will have to make suitable suggestions to me concerning armament and equipment, after prior consultation with the supreme command of the army.

4. The training of the reinforcements of the SS Totenkopfverbaende who are provided for the use of war and are between 25 and 35 years of age will be undertaken in peacetime by the replacement units of the SS Totenkopfverbaende (compare with C 2).

5. The ministry of the interior will request the financial resources for the training of the reinforcement of the SS Totenkopfverbaende from the supreme command of the army, as R.V. special resources.

III. The General SS (Allgemeine SS)

All other members, not mentioned in I or II of the general SS (Allgemeine SS) which is unarmed, are at the disposal of the army in case of war (according to the regulations of the military law).

However, considering the special inner-political tasks which the SS has to solve in close connection with the German police in case of mobilization, I hereby order the following:

1. The staff of the Reichsfuehrer SS, the staffs of the three main offices (SS, Sd, and RuS main officer, the SS Oberabschnittsstaebe and SS Abschnittstaebe) remain in case of war for tasks of police nature. The Reichsfuehrer SS regulates their strength which will be cut down to a minimum size for that purpose, SS members provided for those staffs are to be deferred from service in the army in case of war.

2. All clothing and equipment, motor cars, arms, ammunition and other equipment owned by the SS are regulated by the legal orders in case of mobilization; this, provided they are not necessary for the setting up of the armed SS units and staffs mentioned under I and II.

IV. Decrees of execution

The supreme command of the army issues the decrees of execution necessary to paragraph II in all questions concerning the army and the case of mobilization in cooperation with the Reichsfuehrer SS and chief of the German police.

The Reichsfuehrer SS and chief of the German police issues the decrees of execution concerning the police and inner political measures in cooperation with the supreme command of the army.

/s/ Hitler

TRANSLATION OF DOCUMENT 651-PS

Reich Minister of JusticeBerlin W 8, Wilhelmstrasse 65 31 January 1938Telephone: 1100444611—I a7194/38To the Presidents of the High Courts.

Subject: Representation by Counsel of Inmates of Concentration Camps.

VERY CONFIDENTIAL

In preparing a decision of Reich Fuehrer SS and Chief of German Police whether individual attorneys can be allowed in general to take over the representation of inmates in Concentration Camps, I ask you to scrutinize at once if and what attorneys in your district could be considered for this purpose. Representation of inmates of Concentration Camps requires a special measure of suitability and dependability. Severe scrutiny is to be exercised in making the selection. Membership in the NSDAP, in so far as it was not acquired until after January 30, 1933, will not of itself warrant the necessary dependability as a rule; on the other hand this prerequisite is not to be denied because the attorney is not a member of the Party. Consideration can only be given attorneys whose attitude leaves no doubt that their views coincide wholly with the political aspirations of the State and the ideology aims of the movement. Moreover, it can be assumed that attorneys whose field of activity does not extend to taking over the defense in criminal affairs, will as a rule not accept representation of inmates of Concentration Camps.

Attorneys suitable for representation of inmates of Concentration Camps who should, if possible, reside in different localities of your district, should be listed in sufficient number according to Offices of the State Police. With reference to the necessity of very confidential treatment, I beg therefore to consult as an expert the president of the Chamber of Counsel about their qualifications. A consultation of offices not within the Administration of Justice is to be avoided. I ask that two copies of the list be presented after receiving the advice of the President of the Chamber of Counsel. With regard to the attorneys names, proof of personal and professional qualification is to be submitted. Besides stating the attorney's characteristic and political attitude and especially his manner of practicing his profession as defense counsel in penal matters, it is also to be investigated, if possible, if reason exists to assume that the attorney has the confidence of the Office of State Police.

An eventual notice of non-compliance is required.

Deputy,sig. Schlegelberger[stamped:]Reich Ministry of JusticeOffice of the MinistryCertifiedsig. SchlichtingSecretary of the Office of the Ministry

TRANSLATION OF DOCUMENT 654-PS

U Ib

Discussion with Reich Fuehrer of SS Himmler on 18.9.42 in his Field Headquarters in the presence of State Secretary Dr. Rothenberger, SS Gruppenfuehrer Streckenbach and SS Obersturmbannfuehrer Bender.

1. Correction [2 illegible pencilled words] by special treatment at the hands of the police in cases where judicial sentences are not severe enough. On the suggestion of Reichsleiter Bormann, the following agreement was reached between the Reich Fuehrer of SS and myself:

a.In principle the Fuehrer's time is no longer to be burdened with these matters.

b.The Reich Minister for Justice will decide whether and when special treatment at the hands of the police is to be applied.

c.The Reich Fuehrer of SS will send the reports, which he sent hitherto to Reichsleiter Bormann, to the Reich Minister for Justice.

d.If the views of the Reich Fuehrer of SS and those of the Reich Minister for Justice agree, the final decision on the case will rest with them.

e.If their views are not in agreement, the opinion of Reichsleiter Bormann will be brought to bear on the case, and he will possibly inform the Fuehrer.

f.In cases where the Fuehrer's decision on a mild sentence is sought through other channels (such as by a letter from a Gauleiter) Reichsleiter Bormann will forward the report to the Reich Minister for Justice. The case will then be decided as already described by the Reich Fuehrer of SS and the Reich Minister for Justice.

2. The delivery of anti-social elements from the execution of their sentence to the Reich Fuehrer of SS to be worked to death. Persons under protective arrest, Jews, Gypsies, Russians and Ukrainians, Poles with more than 3-year sentences, Czechs and Germans with more than 8-year sentences, according to the decision of the Reich Minister for Justice. First of all the worst anti-social elements amongst those just mentioned are to be handed over. I shall inform the Fuehrer of this through Reichsleiter Bormann.

3. Administration of justice by the people. This is to be carried out step by step as soon as possible, first of all in the villages and the small towns of up to about 20,000 inhabitants. It is difficult to carry it out in large towns. I shall rouse the Party particularly to cooperate in this scheme by an article in the Hoheitstrager (NSDAP publication). It is evident that jurisdiction may not lie in the hands of the Party. [Marginal note in pencil: according to the permanency of the courts (?)]

4. Orders regarding the police and justice are, in future, to be tempered, for example, not prosecuting unmarried mothers if they attempt to procure abortion.

5. The Reich Fuehrer of SS is agreed that the cancellation of sentence, even for members of the police, will rest, as in Article 8 of the law relating to the cancellation of sentence, with the Reich Minister for Justice.

6. The Reich Fuehrer of SS has given full consent to the ruling I have planned on the corporal punishment ordered by the Fuehrer.

7. I shall refer to the Common Law relating to Aliens and will give notification of the claims of Justice, e.g. in the identification of young people as anti-social elements and their arrest. Also, it seems to me that the actual circumstances which serve to stamp a person as anti-social are not laid down in the law with sufficient clarity. The Reich Fuehrer of SS is waiting for our opinion, and until then will not carry out the text of the law.

8. The Reich Fuehrer of SS has agreed to a clause for the Juvenile Court Law, whereby the age of discretion can be reduced to 12 years and the reduced age of discretion can be extended to over 18 years. [Marginal note in pencil: "by which he has made clear that a reduction in the age limit of full age of discretion is meant."]

9. SS-Obersturmbannfuehrer Bender, of the Staff of the Reich Fuehrer of SS, is appointed by the Reich Fuehrer of SS as liaison officer for matters which appear to necessitate direct liaison with the Reich Fuehrer of SS. He can be contacted any time by tele-printer in the Field Headquarters of the Reich Fuehrer of SS, and will come once every month to Berlin to report to me here. Hauptsturmfuehrer Wanniger is appointed as liaison officer for other matters, and he will be at Security Headquarters (Sicherheitsharuptamt).

10. The Reich Fuehrer of SS declared that, in the infliction of punishment, special establishments should be set up, on the principle that confirmed criminals should be confined separately and that those capable of improvement should be separated according to the nature of their crimes (e.g. impostors, thieves and those who have committed acts of violence). This was recognized as correct.

11. The Reich Fuehrer of SS demands that the penal register should be kept by the police. Arguments against this are to be examined (cancellation and tightening up of the Penal Register Bill and additions made to it). The question is to be further discussed with Gruppenfuehrer Streckenbach.

12. The Reich Fuehrer of SS pointed out as reliable SS—Obersturmfuehrer ReichsgerichtsratAltstetter, at present on active service as a Major, and also LandgerichtspraesidentStepp; he designated as unreliable GeneralstaatstanwaltJungin Dresden.

13. Finally, the Reich Fuehrer of SS broached the subject of the Office of the Public Prosecutor and its transfer to the police. I rejected it flatly. There was no further discussion of this subject.

14. It is agreed that, in consideration of the intended aims of the Government for the clearing up of the Eastern problems, in future Jews, Poles, Gypsies, Russians and Ukrainians are no longer to be judged by the ordinary courts, so far as punishable offenses are concerned, but are to be dealt with by the Reich Fuehrer of SS. This does not apply to civil lawsuits, nor to Poles whose names are announced or entered in the German Racial Lists.

Signed Th.

TRANSLATION OF DOCUMENT 656-PS

National Socialist German Workers' Party Party Chancellory

The Chief of the Party ChancelloryFuehrer's HeadquartersSECRET[Stamp]Circular No. 12/43g.SECRETSubject: Law of Self-Defense against P.O.W.'s

I acknowledge the copy of the annexed order of the Supreme Command of the Wehrmacht.

(s) M. BORMANNF.d.R.Hilegardt1 copyDistrb. Reichsleiter,Gauleiter,Verbaendefuehrer.

index cards: Prisoners of War/Guard Personnel/Self-Defense/ Physical Punishment.

CopySupreme Command of the Wehrmacht Berlin 29.1.1943Az 2f 24.74 AWA/Prisoners of War. General (IA)No. 3868 142gSECRETSubject: Self Defense against Prisoners of War.Reference: None.

The question of the treatment of Prisoners of War is continually being brought up and discussed by Wehrmacht and Party bureaus, namely that the possibilities of punishment provided in the agreement of 1929 (M. Dr.-38/2) are not sufficient. Primarily neither the military punishment law nor the discipline law, which has been eliminated for German military personnel, offers a punishment which can be used with satisfactory success in case of an insubordinate and provoking attitude of Prisoners of War. The following is hereby fundamentally affirmed:

1. The M.Dr. 38/2 (Agreement 1929) article 46, states that Prisoners of War cannot receive any other punishments than those meted out to German military personnel. That applies to all Prisoners of War with the exception of Soviet Prisoners of War. For Soviet Prisoners of War the order of the Supreme Command of the Wehrmacht 2 f 24.73 AWA/Prisoners of War, General (IA) No. 389/42g of the 24.3.1942 Article A, fourth paragraph is applicable.

2. Improper and provoking attitude of Prisoners of War toward German guard personnel as well as toward German contractors and workers forces and justifies this being enacted for the preservation of their own dignity and of national esteem. German law has an application for this; in the case of self-defense ST GB Art 53 is applicable. According to the existing law, self-defense occurs not only in the case of present actual attacks but also present attacks on one's honor, on one's property, etc. The law of self-defense concerns not only the party attacked, it applies also to the protection of a third party from attack. Third, in the sense of the N Art 53 a.a. G, are not only persons, but also the persons of the public and private law, as for instance the State, the municipality, society etc. The party attacked can use for protection any means that the situation requires and the use of which does not contradict healthy national interest [Gesunden Volksempfinden]. Asubsequentpunishment of a prisoner of war for an improper and provoking attitude ofphysical chastisementis not permissible since self-defense is no longer present.

3. In case of the diminishing of the effort to work only the guard and the assistant guard (for example among the farmers there is very often a personal union between assistant-guard and contractor) can interfere as the military superior of the Prisoners of War. In this he is not only authorized but also obliged by duty (see Order of the OKW A2 2f 2417a Chief of Prisoners of War/General (I)/Org (IIIb) No. 2916/42 of the 26.6.1942). Should the prisoners of war not fulfill his order,then he has in the case of the most pressing need and danger,—the right to force obedience with the weapon if he has no other means. He can use the weapon as much as is necessary to attain his goal. If the assistant guard is not armed, then, he is authorized in forcing obedience by other applicable means.

4. The military personnel, officials, and assisting guard personnel who are charged with the duty of guarding prisoners of war are to be instructed accordingly. It is to be made clear to them what means the law puts at their disposal, in order that they may be able to combat insubordinations, provocative attitudes and abatement of the will to work on the part of the prisoners of war, and what also the limits are to which they can go.

Distribution:* * *D.d.R.d.A.:WeberChief of the Supreme Command of the Wehrmacht/s/ ReineckeF.d.R./s/ v. GraevenitzMajorgeneral.

PARTIAL TRANSLATION OF DOCUMENT 661-PS

[Secret Thesis from the Academy of German Law on Resettlement, January 1940]

Resettlement, mixed settlement, emigration, national biological power [biologische Volkstumskraft]

Short consideration of the prerequisites for a political legal system of the peoples. [Volkspolitische Rechtsgestaltung]

1a.Resettlement(pages 6-8).

For the carrying out of costly and long-term measures for the increase of agricultural production, the Governmental-General can at the most absorb 1 to 1.5 million resettlers, as it is already over-populated. * * * By further absorption of 1.6 million resettlers, the 1925 Reich census figure of 133 inhabitants per square kilometer would be reached, which practically because of already existing rural over-population and lack of industry would result in a double over-population.

This figure of 1.6 million will barely suffice to transfer from the Reich:

The Jews from the liberated East (over 600,000), parts of the remaining Jews, preferably the younger age groups from Germany proper, Austria, Sudetengau and the Protectorate (altogether over 1 million).

The Polish intelligentsia who have been politically active in the past, and potential political leaders.

The leading economic personalities, comprising owners of large estates, industrialists and businessmen, etc.

The peasant population, so far as it has to be removed in order to carry out by strips of German settlements the encirclement of Polish territories in the East.

6 to 7 million Poles (not including the majority of the Wasserpolen, Schlonsaken, Kaschuben) would therefore remain for an extended period of time in the liberated East, and it will be possible to accept only a small fraction of them into German folksdom. * * * A resettlement of many millions can only be undertaken after victory and only in connection with an overwhelming reorganization of the East, which would create space for the surplus Poles, be it in Siberia, or be it in the bordering territories, for example after the resettlement eastwards of the White Russians. A resettlement of several million Jews, perhaps in Madagascar, could also create space.

c.In regard to internal colonization of the East of the Reich, it might be expedient to envisage the carrying out of a planned encirclement of the districts with a Polish majority by wide strips of German settlements. Also, a concentration of the remaining Poles in order to create space can be considered.

d.In order to relieve the living space of the Poles in the Government-General as well as in the liberated East, one should remove cheap labor temporarily by the hundreds of thousands, employ them for a few years in the old Reich, and thereby hamper their native biological propagation. (Their assimilation into the old Reich must be prevented.)

If 1.5 million people are to be transferred in short order (in about 4 years, i.e., 1000 daily) from the East of the Reich and are to be absorbed by the Government-General, if among them there are barely 1 million Poles and the rest Jews, then 7 million Poles would remain in the Reich, including Poles in Germany proper and Austria, but not including prisoners of war, seasonal workers from the Government-General and for the time being also Kaschuben, and of course Masurians and other Slavic Germanic tribes. There would be 1 Pole for every 12 Germans in the Reich excluding the Government-General.

The figure of 7 million comprises for example the following peoples: Finns, Estonians, Latvians, Lithuanians; it is double the number of Sudeten-Germans in former Czechoslovakia.

It is terrifyingly high and cannot be decreased considerably by emigration assimilation, or additional future transfer to the Government-General.

This mass of Poles is a great inconvenience, an obstacle to the Germanization of the country, and under certain circumstances a danger. It can be reduced by enlarging the Government-General.

In renouncing an area with a population of 1 million, it would be possible not only to get rid of this number of Poles but about 1.2 million, since the areas in question are sufficiently fertile to absorb 15 to 20% additional resettlers. For example, the territory of the former district of Lodz (19,000 square kilometers) had a population of 2.86 million (1938). One could take 150,000 Germans from their area and put over 3 million Poles into it. Or by giving up the Cracow Ural district (Olkusz) and the Zickenau district one could get rid of about 1.5 million Poles, including additional settlers from the Reich. The further deliberations presuppose that no areas of the Eastern districts (Ostgaue) will be renounced in favor of the Government-General. Therefore a major part of this Polish mass, which is much too large, could emigrate only to areas East of the Government-General. A prerequisite would be a thorough reorganization of the entire East and many of its numerous peoples, under the determining influence of the Reich (a memorandum is necessary). The total emigration of over 3 million Jews (possibly to Madagascar) would also create space for Polish resettlement.

About 1 million Poles could be taken out of their settlements, but not from the Reich, and used as agricultural and industrial itinerant labor. This would doubtless result in considerable relief, particularly from the biological viewpoint.

Strictest care is to be taken that secret circulars, memoranda and official correspondence which contains instructions detrimental to the Poles are kept steadily under lock and key so that they will not some day fill the White Books printed in Paris or the USA.

TRANSLATION OF DOCUMENT 666-PS

SECRET

The Fuehrer and Commander-in-Chief of the Armed Forces.

DIRECTIVES

for the prosecution of offences against the Reich or against the occupation authorities in the occupied territories.

7 December 1941

With the beginning of the Russian campaign, communist elements and other anti-German circles increased their attacks on the Reich and the occupation authorities in the occupied territories. The extent and the danger of these activities compel to most severe measures against the guilty for the purpose of intimidation.

For the time being the following directions shall be observed:

In regard to offences committed by non-German civilians in the occupied territories against the Reich or the occupation authorities which endanger their security or efficiency, the death sentence is adequate as a matter of principle.

The offences referred to in section I are to be tried in the occupied territories only if it is likely that the guilty persons, at least the main offenders, will be sentenced to death and if the proceedings and the execution of the death sentences can be carried out quickly. Otherwise the offenders, at least the main offenders, are to be brought to Germany.

III

Guilty persons who are brought to Germany are to be subject to court-martial proceedings there only if specific military interests make it necessary. German or foreign authorities making inquiries are to be told that the guilty persons had been arrested and that the state of the proceedings did not permit to give further information.

The commanders in the occupied territories and the legal representatives are personally responsible for the execution of this decree within the framework of their competence.

The chief of the high command of the armed forces determines in which occupied territories this decree is to be applied. He is authorized to explain, to make provisions for the execution of the decree and to supplement it. The Reich minister of justice issues the provisions for the execution of the law for his district.

The Chief of the High Commandof the Armed ForcesBy order (I.A.) (signed) KEITEL

DISTRIBUTION:

Foreign OfficeReich Minister and Chief of the Reich ChancelleryReich leader SS and Chief of the German police in the Reich Ministry of Interior.High Command of the Army (Chef H. Ruest u. BDE—HR) with 7 N.A.High Command of the Navy (MR) with 1 N.A.Reich Minister of Aviation and Commander-in-Chief of the Air force (ZAR) with 1 N.A.President of the Reich Court-MartialCommander Southeast with 4 N.A.Commander NorwayCommander NetherlandsCommander EastlandCommander UkrainePlenipotentiary of the armed forces with the Reich Protector Bohemia and MoraviaArmistice Commission WiesbadenHigh Command of the Armed Forces:Chief WestAbt. L with 8 N.A.W PrAmt Aus 1/Abw. (ZR)Abt. Ausl.Abw. IIIAWA

Foreign Office

Reich Minister and Chief of the Reich Chancellery

Reich leader SS and Chief of the German police in the Reich Ministry of Interior.

High Command of the Army (Chef H. Ruest u. BDE—HR) with 7 N.A.

High Command of the Navy (MR) with 1 N.A.

Reich Minister of Aviation and Commander-in-Chief of the Air force (ZAR) with 1 N.A.

President of the Reich Court-Martial

Commander Southeast with 4 N.A.

Commander Norway

Commander Netherlands

Commander Eastland

Commander Ukraine

Plenipotentiary of the armed forces with the Reich Protector Bohemia and Moravia

Armistice Commission Wiesbaden

High Command of the Armed Forces:

Chief WestAbt. L with 8 N.A.W PrAmt Aus 1/Abw. (ZR)Abt. Ausl.Abw. III

AWA

TRANSLATION OF DOCUMENT 668-PS

Copy

Chief of the Security Police and the SD—IV D 4—103/42 g—Berlin SW 11, Prinz-Albrecht Street 8, 24 June 1942

SECRET

To the Chief of the Supreme Command of the Armed Forces for the attention of the Oberregierungsrat DOWALDT or his acting deputy.

Berlin W 35, at Tirpitzufer 72—76

Subject: Prosecution of punishable offences against the Reich or the occupation forces in occupied territories.Reference: Circular dated 16 April 1942—14 n 16.18 WR (I 3/4) Nr 242/42 g.

Subject: Prosecution of punishable offences against the Reich or the occupation forces in occupied territories.

Reference: Circular dated 16 April 1942—14 n 16.18 WR (I 3/4) Nr 242/42 g.

By virtue of the above-named edict a considerable number of persons who were arrested in the occupied district of France have been transferred to camp Hinzert at Trier, pending commencement of the main proceedings before the competent special court in Cologne.

The 67-year old Frenchman, Louis Adolf Rousseau, died here recently of a stroke.

Thus the question has arisen—which has not been settled until now—as to what steps are to be taken in such cases of death.

It is the intent of the general directions of the Fuehrer and supreme commander of the Wehrmacht concerning prosecution of punishable offences against the Reich or the occupation forces in occupied territories, dated 7 December 1941, to create, for deterrent purposes, uncertainty about the fate of prisoners among their relatives and acquaintances, through the deportation into Reich territory of persons arrested in occupied areas on account of anti-German activity. This goal would be forfeited if the relatives were to be notified in cases of death. Surrender of the body for burial at home is inadvisable for the same reason, and also because the place of burial could be misused for demonstration purposes.

I therefore propose that the following general rule be decided upon for cases of death:

a.Notification of relatives is not to take place.

b.The body is buried at the place of death, in the Reich.

c.The place of burial is not made known for the time being.

In the case of the deceased Frenchman Rousseau, I have given orders which accord with the above proposal and I will do likewise in the future pending a decision by you.

pp.[signature illegible]

SECRETSupreme Command of the Armed ForcesBerlin W 35, Tirpitzufer 72—76, July 13, 194214 m 16.18 WR (I 3/4), No. 562/42 gTo the Chief of the Security Police and Security ServiceBerlin SW11, Prinz Albrecht Str. 8[Pencil alteration][Pencil note—]E46 E8/46 38/42Reich Ministry of Justice 16th July 1942Section

By way of information to:

Supreme Command of the ArmySupreme Command of the NavyReich Minister of Air Transportation and Commander-in-Chief of the Air ForcesPresident of the Reich Court MartialReich Minister of JusticeArmed Forces Operations Staff/HeadquartersSubject: Prosecution of punishable offences against the Reich or the occupation forces in the occupied territories.Reference:—IV D 4—103/42 g—of June 24, 1942. 1 enclosure.

Supreme Command of the Army

Supreme Command of the Navy

Reich Minister of Air Transportation and Commander-in-Chief of the Air Forces

President of the Reich Court Martial

Reich Minister of Justice

Armed Forces Operations Staff/Headquarters

Subject: Prosecution of punishable offences against the Reich or the occupation forces in the occupied territories.

Reference:—IV D 4—103/42 g—of June 24, 1942. 1 enclosure.

The supreme command of the armed forces agrees to the suggested treatment of cases of death. The decree of April 16, 1942, will in due course be supplemented accordingly.

The Chief of the Supreme Commandof the Armed ForcesPer: Dr. Lehmann[Handwritten note—largely undecipherable](Stamp of the Supreme Command of the Armed Forces)Checked: Bachmann,Justizoberinspektor d.Lw.IV a 863/42 g[Handwritten note]

1.Note: Procedure in cases of death has already been laid down by IX para. 5 of the draft of a second order for the carrying out of the general directions * * * of decree of the OKW dated 16.4.42.—

In my opinion the case of death quoted in the letter of the Reichfuehrer-SS dated 24.6.42 precludes the necessity of a supplement to the draft, mentioned.

2. Submit to me 3.8.

RM 29.7.Submitted to OBGK (?) Dr. V. Ammon 3.8.

TRANSLATION OF DOCUMENT 674-PS

1st copyPresident of the High District Court and Chief Public ProsecutorKattowitz, 3 December 1941Nikolai Str. 1, Entrance Wilhemsplatz Tel.: 34608 and 34610VS 4 E-1. 51 secretfile nr. 229[illegible notations]

"SECRET" only

To the Reich Minister of Justice, Attention: Chief Councillor to the Government Stadermann or Representative in Office.BerlinRe: Executions by the Police and Expediting of Penal Procedure Without Order.Inclosure: 1 copy of report

To the Reich Minister of Justice, Attention: Chief Councillor to the Government Stadermann or Representative in Office.

Berlin

Re: Executions by the Police and Expediting of Penal Procedure Without Order.

Inclosure: 1 copy of report

About 3 weeks ago 6 chief agents (partially German) were hanged by the police in connection with the destruction of a treasonable organization of 350 members in Tarnowitz without notification of the ministry of justice. Such execution of criminal agents in the Bielitz district have already been made before also without the knowledge of the proper authority for criminal persecution. On 2 December 1941 the head of the state police at Kattowitz, chief councillor to the government Mildner, reported orally to the undersigned that he had ordered as necessary immediate action, with authority from the Reich-leader of the SS these executions by public hanging at the place of the crime; and that deterring measures would also have to be continued in the future until the criminal and actively anti-German powers in the occupied Eastern territories have been destroyed, or until other immediate actions, perhaps also by the courts, would guarantee equal frightening effect. Accordingly, 6 leaders of another Polish organization guilty of high treason in the district in and around Sosnowitz were to be hanged publicly today as an example.

About this procedure the undersigned expressed considerable doubts.

Besides the fact that such measures have been withdrawn from the jurisdiction of the ordinary courts and are contradictory to the laws not put out of effect, a justified emergency for the exceptional proceedings by the police alone cannot, in our opinion, be lawfully recognized.

The penal justice in our district within the limits of our jurisdiction is quite capable of fulfilling its duty of immediate penal retribution by means of a special form of special judicial activity (establishment of a so-called rapid special court). Indictment and proceeding could be speeded up in such a way that between turning the case over to the public prosecutor and execution no more than 3 days would elapse if the practice of pardoning is simplified and if the decision, if necessary, can be obtained by long distance call. This was expressed yesterday to the head of the state police at Kattowitz by the undersigned.

We cannot believe that execution by the police of criminals, especially German criminals, can be considered more effective through shattering the sense of justice of many German countrymen. In the long run they might, in spite of public terrorizing, lead even more to further brutality of minds, which is contrary to the intended purpose of pacifying. These deliberations, however, do not apply to future lawful competence of a drumhead court-martial for Poles and Jews.

According to a recent report of the head of the Kattowitz state police to the district leader [Gauleiter] Bracht, the cases of 540 persons accused of high treason from the Kattowitz district have already been forwarded in December 1940 by the police to the board of arraignment of the people's court in Berlin without any sentences having been passed there as yet. This situation, which became known in the various branches of interested party circles and administration departments, injures the reputation of justice in general as well as the concept of the effectiveness of justice in the occupied Eastern territories especially because, with the exception of the court, the exclusive competence of the people's court for the sentencing of matters of high treason is not sufficiently known.

We are not informed as to how far the described situation of non-settlement is true.

As far as the proceedings of treasonable cases by the chief Reich prosecutor at the people's court in Berlin are concerned which were forwarded for prosecution to the co-undersigned public prosecutor (proceedings per par. 5 section 2 of the law about the competence of criminal courts dated 21 Feb. 40—RGBl I, p. 405—in connection with the AV of Reich justice ministry dated 7 June 45—German law, page 683) we should like to point out the following:

From July 1941 until today, the cases of 235 accused were forwarded by the chief Reich prosecutor; 122 of the accused have already been sentenced, indicted, or proceedings were suspended or transferred.

The co-undersigned president of the supreme country court has taken steps to expedite prosecution further by personally supplementing the criminal court for high treason. If it should become necessary in the future, a second court could be appointed for the prosecution of matters of high treason by putting aside less important work. All organizations charged with prosecuting and sentencing of high treason and also with other severe crimes have been impressed by the undersigned that a speedy treatment is essential for war and nation.

With these organizational measures intended and already partially introduced by us of creating a "Rapid Special Court" which should also be technically equipped with everything necessary, and with the likely establishment at any time of a second court for matters of high treason in Kattowitz, the executions by the police still remain necessary as immediate actions against traitors, according to the chief councillor to the government Mildner, for the anti-German treasonal activity is supposed to have increased to such an extent that comparisons with the situation in 1917 and 1918 are already permissible, and that the criminals draw courage and power from the drawn-out legal trials of the traitors. The situation in the Kattowitz district is supposed to be especially difficult because there are 1-1/2 million Poles, 150,000 Czechs, and 7,000 Jews among the 3 million population whose anti-German attitude is being joined in a remarkable way by more and more Germans in the last months. A further worsening of the situation is to be counted on if the war should last longer; for the Poles are said to be fanatically convinced of the victory of the Western countries and of a resurrection of their country, and, without inhibition, risk everything which does not seem to be punishable by death. The terrorist activity of the last few months does not appear to leave the Reich Germans in the Eastern occupied districts unimperilled. The slightest military set-back could result in immediate danger due to the growing and immediate terrorist readiness of the anti-German organizations. These are the reasons why the head of the state police considers as necessary immediate measures also in the field of high treason. If such steps could be taken by judicial means, this would seem also to him the best solution since the state police is already overburdened and suffering from considerable personnel shortage.

After this discourse we cannot help but have the impression that the situation, especially with respect to high treason (terrorist) activity has grown serious since the spring of 1941 and that special measures have to be taken to subdue same effectively. We pointed out to the head of the state police our insufficient competence in this field, but have informed him that we would report this matter to the Reich minister of justice.

In view of the great judicial importance of the mentioned problems for the district of the Kattowitz high county court, we deem an early personal discussion at Kattowitz necessary, and that the chief councillor to the government Mildner and perhaps a representative of the people's court and of the chief Reich prosecutor at the people's court should be taken into consultation.

(signed) Dr. Heimer

[illegible notes showing that the conference had taken place]

TRANSLATION OF DOCUMENT 675-PS

SECRETNationalsocialist German Workers PartyBerlin—Wilhelm Str. 64Munich, Brown HouseThe Deputy of the Fuehrer

To the Reichminister for Justice, Attn: Ministerial office director Stadermann or his deputy

[Rubber stamp]Reichministry for Justice25 August 1938,Dept V Gst a,16 Aug 1938, III D—Es, 3315/0/31—3604 SecretBerlin W 8 Wilhelmstrasse 65Subject: Austrian ConcordatYour letter of 23 May 1938—Va 146/38 Secret

I have purposely not taken a hand in the letters, which I have received from various Reichministers as well as from the Reichfuehrer SS and the Chief of the German Police, since the Fuehrer's decision on that was known to me already in connection with a lecture by the Reichcommissioner for the incorporation of Austria into the Reich. I therefore have refrained to take a standpoint again to the questions, mentioned in your letter, and have requested the Reichminister and Chief of the Reich Chancellory in a letter of 29 June 1938, to inform you about the Fuehrer's decision. Therefore, the questions, as far as they concern the validity of the Austrian Concordat, are taken care of by the letter of the Reich Minister and Chief of the Reich Chancellory of 12 July 1938—Rk 276 B Secret.

However, in order to be able to take into account the general political considerations in the measures, probably planned for Austria for the execution of this decision of the Fuehrer, and to keep to the church-political line of the Fuehrer, I request from you, to get into contact at the proper time before taking action in these measures besides with the Reich Commissioner for the incorporation of Austria into the Reich, also with the Reich Minister for church affairs and with the Fuehrer's deputy.

Heil Hitler!By order/s/ BORMANN(M. BORMANN)

TRANSLATION OF DOCUMENT 680-PS

SECRETThe Reich- and Prussian Minister of the InteriorBerlin, 5 May 1938NW 40, Koenigsplatz 6

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