Army General StaffSupreme Commander AirforceAirforce General StaffChief of army armament and Commander of the replacement armyGeneral armed forces operation office (AWA) chief of prisoner of war affairsReichsfuehrer SS and chief of German PolicePlenipotentiary for the Four Year Plan, attention State Secretary KoernerReichminister for armament and nutritionsChairman of the Reich coal association [Reichsvereinigung Kohle] State councillor Pleiger.
Army General Staff
Supreme Commander Airforce
Airforce General Staff
Chief of army armament and Commander of the replacement army
General armed forces operation office (AWA) chief of prisoner of war affairs
Reichsfuehrer SS and chief of German Police
Plenipotentiary for the Four Year Plan, attention State Secretary Koerner
Reichminister for armament and nutritions
Chairman of the Reich coal association [Reichsvereinigung Kohle] State councillor Pleiger.
The necessary information of further agencies, who are also concerned will be given by AWA with the consent of the plenipotentiary for labor allocation (GBA).
The Reichsfuehrer SS Field Headquarters5 Aug 1943Adjutant Journal No. 891/43 secretSubject: Manpower for coal mining industry.
Reference: Letter of the command staff of the Reichsfuehrer SS—journal No. Ia/1909/43 secret.
Reference: Letter of the command staff of the Reichsfuehrer SS—journal No. Ia/1909/43 secret.
Secret
1. Chief of the personal staff of Reichsfuehrer SS2. SS main office3. Reich security main office [RSHA]4. Race and resettlement main office—SS5. Main office, ordinary police6. SS economic administrative main office7. SS personal main office8. Main office SS court9. SS Supreme command—Headquarters of the Waffen SS10. Staff Headquarters of the Reich commissar for the consolidation of Germanism11. Main office center for Racial Germans [Volksdeutsche Mittelstelle]12. Office of SS Obergruppenfuehrer Heissmeyer13. Chief of the guerilla-fighting units14. Higher SS and Police Leader Ostland15. Higher SS and Police Leader Russia-Center16. Higher SS and Police Leader Russia-South17. Higher SS and Police Leader Northeast18. Higher SS and Police Leader East19. Higher SS and Police Leader Alpine territory20. Higher SS and Police Leader Serbia21. Commissioner of the Reichsfuehrer SS for Croatia.
1. Chief of the personal staff of Reichsfuehrer SS
2. SS main office
3. Reich security main office [RSHA]
4. Race and resettlement main office—SS
5. Main office, ordinary police
6. SS economic administrative main office
7. SS personal main office
8. Main office SS court
9. SS Supreme command—Headquarters of the Waffen SS
10. Staff Headquarters of the Reich commissar for the consolidation of Germanism
11. Main office center for Racial Germans [Volksdeutsche Mittelstelle]
12. Office of SS Obergruppenfuehrer Heissmeyer
13. Chief of the guerilla-fighting units
14. Higher SS and Police Leader Ostland
15. Higher SS and Police Leader Russia-Center
16. Higher SS and Police Leader Russia-South
17. Higher SS and Police Leader Northeast
18. Higher SS and Police Leader East
19. Higher SS and Police Leader Alpine territory
20. Higher SS and Police Leader Serbia
21. Commissioner of the Reichsfuehrer SS for Croatia.
To figure 4. of the above mentioned order, I order that all young female prisoners, capable of work, are to be sent to Germany for work through the agency of Reich Commissioner Sauckel.
Children, old women and men are to be collected and employed in the women's and children's camps, established by me, on estates as well as on the border of the evacuated area.
Children, old women and men are to be collected and employed in the women's and children's camps, established by me, on estates as well as on the border of the evacuated area.
/s/ H. HimmlerFor the ReichfuehrerGrothmann [in ink]SS Sturmbannfuehrer [Major]
TRANSLATION OF DOCUMENT 745-PS
Security Service of the Reich Fuehrer of SS(SS) Security Service, Section Koblenz
111 .4 B No. 11/44 gKs-S/fdKoblenz, June 12, 19443 copies3rd copy Top Secret
To the Inspector of Security Police and of SD SS-Colonel Bomann
To the Inspector of Security Police and of SD SS-Colonel Bomann
Wiesbaden.
For information:To the Director of the State Police Office Koblenz SS Major Dr. Christiann
For information:
To the Director of the State Police Office Koblenz SS Major Dr. Christiann
Koblenz.
Concerns: Enemy aviators who have been shot downReference: Your letter—IV 2a (new) 43/44 gKs—of 21.4.1944
With reference to your letter and to the preceding oral consultations, it is announced that the OKW issued a similarly worded decree which was read to the company leaders. The appropriate wording of the decree was that German soldiers cannot be expected to give their protection to murderers of German people. Further confidential information was that the company commanders informed their companies accordingly and gave them to understand that value is no longer placed on imprisoned enemy aviators.
The decree of the OKW which was read as a top secret military document, was presented on 3.6.1944.
Acknowledgement is requested.The head of the SD Section Koblenz(SS) Lieutenant-Colonel[sig. illegible]Wiesbaden, 21 April 1944Top Secret9 copies9th copy
TRANSLATION OF DOCUMENT 754-PS
WFSt/Op (Army Command Staff) [Wehrmachts Fuehrungstab]TOP SECRET
[pencilled notes illegible]28 Oct 19446 copies5th Copy
KR—Teletype
1. Geb [?] AOK (Army Supreme Command) 20 2. For information: (WB) Armed Forces Commander in Chief, Norway 3. For information: Reich Commissioner for the Occupied Norwegian Territories 4. OKM (Supreme Command, Navy) /1. Skl. (Koralle)
Because of the unwillingness of the north Norwegian population to voluntarily evacuate, the Fuehrer has agreed to the proposals of the commissioner for the occupied Norwegian territories, and has ordered, that the entire Norwegian population east of fjord of Lyngen be evacuatedby forcein the interest of their own security, andthat all homes are to be burned down or destroyed.
The supreme commander, Northern Finland, is responsible, that the Fuehrer's order is carried out without consideration. Only by this method can it be prevented, that the Russians with strong forces, aided by these homes and the people, familiar with the terrain, follow our withdrawal operations during this winter and shortly appear in front of our position in Lyngen. This is not the place for sympathy for the civilian population.
[Pencilled note bottom page 1: BDC—OKW 1612.][Stamped:] 13/184
It must be made clear to the troops, engaged in this action, that the Norwegians will be thankful in a few months that they were saved from Bolshevism, and that the barbarian methods of the air war against our German country and her cultural shrines have brought a thousand times more misery to our people if compared with the humane evacuation and destruction of homes in Northern Norway, which is necessary for our war effort, and which, if it is not done, must be paid for with blood of German soldiers.
The population—whose livelihood is fishing—in Northern Norway, furthermore has enough shipping space at its disposal to be able to get out of the way en mass across the water. A large part of the small Norwegian ships which are kept hidden at present can be used for this and can later also be used for our own transportation needs.
The danger of the formation of guerilla bands on the part of the Norwegians appears to be negligible since they can no longer use the houses during the winter.
I.A. [By order]signed: JODLSupreme Command Armed Forces/Armed Forces Command St/Army Operations/North/No 0012887/44 top secretDistribution:
Chief Armed Forces Command St (1st copy)Deputy Chief/Ktb (2nd copy)Operations (Army) operations (Navy) (1 each 3rd & 4th copies)Quartermaster and G-2 (1 each 5th & 6th copies)
Chief Armed Forces Command St (1st copy)
Deputy Chief/Ktb (2nd copy)
Operations (Army) operations (Navy) (1 each 3rd & 4th copies)
Quartermaster and G-2 (1 each 5th & 6th copies)
TRANSLATION OF DOCUMENT 765-PS
Copy
Teletype Message Munich 47 767 10 November 1938—0120—To all State Police Main Offices and Field OfficesTo all SD—Main Sectors and to SD—Sub-Sectors
SECRET
Flash Urgent to be submitted at once. Urgent—to be submitted immediately to the Chief or his deputy.
Regards: Measures against Jews to-night.
Because of the attempt on the life of von Rath, Legation Secretary in Paris, demonstrations against the Jews are to be expected in the entire Reich in the course of this night—from the 9th to the 10th of November 1938. For the handling of these actions the following directions are issued:
1. The chiefs of the State Police Offices or their deputies will immediately after receipt of this teletype message establish telephone contact with the political leadership offices—Gau Directorate or Kreis Directorate—within their region and arrange a conference about the handling of the demonstrations. The respective inspectors and commanders of the Order Police are to participate in the conference. In this conference the political leadership offices are to be informed that the German police have received the following directives from the Reichsfuehrer of the SS and Chief of the German Police, which directives are to be conformed to by the political leadership offices in an appropriate manner:
a.Only such measures may be taken which do not jeopardize German life or property (for instance, burning of synagogues only if there is no danger of fires for the neighborhood).
b.Business establishments and homes of Jews may be destroyed but not looted. The police have been instructed to supervise the execution of these directives and to arrest looters.
c.In business streets special case is to be taken that non-Jewish establishments will be safeguarded at all cost against damage.
d.Subjects of foreign countries may not be molested even if they are Jews.
2. Under the provision that the directives given under No. 1 are being complied with, the demonstrations are not to be prevented but merely supervised regarding compliance with the directives.
3. Immediately after receipt of this teletype the archives of the Jewish communities are to be confiscated by the police, so that they will not be destroyed in the course of the demonstrations. Important in this respect is historically valuable material, not recent tax lists, etc. The archives are to be delivered to the respective SD Office.
4. The direction of the measures of the Safety Police regarding the demonstrations against Jews is in the hands of the State Police Offices, in as much as the inspectors of the Safety Police do not issue different directives. For the performance of the measures of the Safety Police, officers of the criminal police as well as members of the SD, the special troops and the SS, may be used.
5. As soon as the events of this night permit the use of the designated officers, as many Jews, particularly wealthy ones, as the local jails will hold, are to be arrested in all districts. Initially only healthy male Jews, not too old, are to be arrested. After the arrests have been carried out the appropriate concentration camp is to be contacted immediately with a view to a quick transfer of the Jews to the camps. Special care is to be taken that Jews arrested on the basis of this directive will not be mistreated.
6. The content of this order is to be communicated to the respective inspectors and commanders of the Order Police and to the SD Chief Sectors and the SD Sub-Sectors with the notification that these police measures have been issued by the Reichsfuehrer of the SS and the Chief of the German Police. The Chief of the Order Police issues appropriate orders to the Fire Department Police. The Safety Police and the Order Police are to work in closest coordination in the execution of these measures.
The receipt of this teletype is to be confirmed by the State Police Director or a deputy via teletype to the Secret State Police Office into the hands of SS Colonel [Standartenfuehrer] Muller.
Signed: HEYDRICHSS General [Gruppenfuehrer]
TRANSLATION OF DOCUMENT 775-PS
[Memorandum of Minister of Interior concerningthe Clarification of Police Matters, 1935]
As chief of the department of police in the Reich and Prussian ministry of the interior, I have noticed lately an ever increasing internal political tension which makes a clarification of authority both as regards the general police and more especially the political police, evidently urgently necessary.
1. Fight against the Church
The Reich minister of the interior is the competent authority for general rules on confessional policy. Therefore, the leaders of the diverse confessional groups address their petitions to our office. Lately, half of the political police reports concerned clerical matters. We have untold petitions from all kinds of cardinals, bishops, and dignitaries of the church. Most of these complaints concern matters under the jurisdiction of the Reich Ministry of the Interior, although the respective rules were not decreed by it. It happens very often that we have in our capacity as a court of appeal to settle incidents, about which sometimes we know nothing at all until we receive the complaint. There does not seem to be any unity any longer between our principles as regards political, ecclesiastical matters and the executives thereof in the states. It is an inexcusable state of affairs to give directions to complainants and make promises to ecclesiastical leaders, if there is no reliability of their being carried out in the states. Therefore, I deem it an absolute necessity that full clarification be given on this controversial philosophical matter not only as regards theprinciples but also the execution thereof.
I would like to point out that, in my opinion, these principles should be both considered and executed not only from an internal political, but also from the foreign political viewpoint. I enclose an encyclical of the Pope that was submitted to me today. The question arises for instance as to whether the manner of treatment of returning Catholic young people in front of Swiss customs guards has something to do with the unfavorable foreign political commentaries which have been evoked by this action by the political police.
This concerns not only the political police; the whole police force as such will be implicated by the consequences resulting from the religious struggle. Instances of gross disturbance of congregations are mounting terribly fast lately, often necessitating intervention of the emergency squad. In the long run I cannot carry the responsibility, for officials will become involved and be forced to support one party or the other. The struggle [Kampfzeit] is so recent that we know from our own experience that in the end the police official will be blamed quite often for everything by both warring parties. After discarding the rubber truncheon, the idea of exposing executive officials to situations in which, during gross interruption of meetings, they may be forced to use cold steel, is unbearable.
It is my opinion that everything must be done to prevent the wearing out of the police force as well as the state authority in general with an untimely religious struggle. Should this philosophical conflict continue I would be forced,—incidentally this was proposed to me in a letter from the chief of the Gestapo, to give lectures to the police officials on Christian religions or the particular importance of the religious movement and the attitude of the party to these.
Neither do I believe that it is desirable if the lower grade police authorities carry out the handling and reporting of these religious matters in a certain one-sided manner.
2. Lately, there has been a marked increase of cases of protective custody. I demand urgently that in this matter also, final directives be given concerningmethods,proof,length of timeand manner ofexecution. The decree on protective custody by the Reich Ministry of the Interior has been made invalid long ago by the actions of the political police. It is almost impossible to receive an adequate report on a case of protective custody. The petitions, addressed to us in this matter, all stress the same point which I also regard as important. The parties concerned and their relatives accept protective custody as a matter of fact, but not the complete uncertainty as regards the manner and principles by which it may or may not be imposed. This unquestionablelawlessnessfosters unrest and antagonism. It is intolerable for the Reich Ministry of the Interior, when there is a different interpretation and application of the law in the respective states, thereby obstructing a uniform execution of the law. The question must also be settled whether as approved by the judicial association N.S., in agreement with the Reichminister of Justice, in cases of protective custody a person is allowed a lawyer, or as is actually practised by the secret state police this is refused. I refer in this connection to the case of lawyer Puender. He was confined to protective custody with his colleagues for bringing an action, being forced to do this by a Reich law, after duly informing the Reich Ministry of Justice and our ministry. This complaint could not involve any complications, as it could immediately be legally restrained by us.
3. Forofficial political reasonsI must object on principle to the fact that lately once more and without previous knowledge of the superior authorities, officials have been taken into protective custody or what is sometimes even more, they have been subjected to state police investigations. I cite here only the case of my teacher and Kreisleiter at Esterwegen, who was kept in protective custody for 8 days, because he had sent a correct report, as proved afterwards, to his district councillor on abuses by the SS. I remember the investigations by criminal assistants of the Gestapo in Kottbus, lasting two weeks, on the chief of police in that phase, by the way an SS Brigadefuehrer. Likewise I have already presented today a complaint by the Oberpraesident Lohse, concerning the order to an official of the gendarmerie for espionage on superior officials by officers of the political police.
It is intolerable from the point of view of the national socialist authoritarian form of state leadership that subordinate offices procure information on officials in this manner over the heads of their superior office. This will create a great deal of trouble quite apart from the fact that information obtained in this manner must be prejudiced and very often even actually false.
4. Abductions by officers of the political police onforeign sovereign territoryhave lately created severe disturbances in the field of foreign politics. I cite the cases of Berthold Jakob (Switzerland), Gutzeit (Holland) and the latest incident at the Czech frontier. It is my opinion that in consideration of the foreign political complications, the police office should receive orders for such measures from the responsible Reich officer only, and not from subordinate offices.
5. Several times the Reich ministry of economics has pointed out to me the disturbing effect on the economic organization which must result from the various political incidents caused by the police, the atmosphere of insecurity caused by cases of protective custody (particularly in the case of economic leaders) and also in the latest cases of boycott of the Jews (Cologne, Duesseldorf).
6. I can only undertake the creation of the Fuehrer protection in my police department if I am completely responsible for the officials working there, their service, capabilities and their co-operation with the other departments of the criminal police.
7. I propose that it be settled once and for all, not only who is to bear the responsibilities for the directives but also who shall bear the responsibility for the carrying out of these directives in all matters appertaining to the political police.
Either: This responsibility rests with the Reichminister of the interior. Then he has to be vested with altogether different powers to give orders in political matters concerning the police.
Or: This responsibility with all its consequences is borne by the Reichfuehrer SS, who is already actually claiming the management of the political police in the Reich. In this case, I would propose that the law, laid down for Prussia by SS, Himmler, becomes Reich law immediately, elevating the office of the secret state police to the status of a ministry and the chief of the office of the secret state police undertakes the tasks which he—as is already stated in the draft of the law, "determines".
PARTIAL TRANSLATION OF DOCUMENT 778-PS
Copy.Concentration CampDachau1.10.1933.Commander's OfficeDisciplinary and Punitive Regulationsfor the Internment Camp.Introduction.
The following regulations, concerning punishment, for the maintenance of discipline and order within the limits of the Concentration Camp Dachau are released as part of the existing camp regulations.
Subject to these regulations are all internees of the Concentration Camp Dachau from the time of their imprisonment to the hour of their release.
Authority for ordering punishments lies in the hands of the camp commander, who is personally responsible to the political police commander for the execution of the issued camp regulations.
Tolerance means weakness. In the light of this conception, punishment will be mercilessly handed out whenever the interests of the fatherland warrant it. The fellow countryman who is decent but misled will never be affected by these regulations. But let it be a warning to the agitating politicians and intellectual provocators—regardless of which kind—: be on guard not to be caught, for otherwise it will be your neck and you will be shut up according to your own methods.
Article 6
The following are punishable with8 days of close confinement, and25 thrashingsto be administered before and after the serving of the sentence:
1. anyone making depreciatory or ironical remarks to a member of the SS, deliberately omitting the prescribed marks of respect, or in any other way demonstrating unwillingness to submit himself to measures of disciplinary order.
2. prisoner-sergeants and prisoner squad leaders or foremen who exceed their authority as orderlies, assume the privileges of a superior over other prisoners, accord likeminded prisoners special privileges in work or in any other way, tyrannize fellow prisoners who have political views different from their own, make false reports on them, or prejudice them in any other way.
Article 7
The following are punishable withtwo weeks' close confinement:
1. anyone exchanging by his own will the quarters to which he is assigned without being authorized by the company commander or instigating or inducing his fellow prisoners to do so;
2. anyone enclosing or hiding forbidden articles or articles produced in the camp in outgoing laundry bundles, or sewing them into pieces of laundry, etc.;
3. anyone entering or leaving barracks, shelters, or other buildings by other than authorized entrances, or creeping through window or other openings;
4. anyone smoking in shelters, toilets and places which are fire hazards, or keeping or depositing inflammable objects on such places. Should a fire result from neglect of this prohibition, then it will be considered as an act of sabotage.
Article 8
The following are punishable with2 weeks of close confinementand25 thrashingsto be administered before and after the serving of the sentence:
1. anyone leaving or entering the internment camp without an escort or who joins an outgoing work detail without proper authority;
2. anyone making depreciatory remarks in letters or other documents about national socialistic leaders, the State and Government, authorities and institutions, glorifying marxist or liberal leaders or November Parties (November Parteien), or reporting on occurrences in the concentration camp;
3. anyone safe-keeping forbidden articles, tools, slashing and thrusting weapons in his quarters or in paillasses.
Article 9
The following are punishable with3 weeks close confinement: Anyone removing government property regardless of what kind, from its assigned place; deliberately damaging, destroying, wasting, transforming, or using same for purposes other than prescribed. Aside from the punishment the individual or the entire company of prisoners, depending on the circumstances, will be held responsible for the damage caused.
Article 10
The following are punishable with6 weeks close confinementor anindefinite term of solitary confinement:
1. anyone making money collections inside of the camps, financing illegal activities, within or outside of the limits of the camp, or bribing fellow-prisoners into submission or putting them under obligation to keep quiet;
2. anyone receiving financial aid derived from illegal collections of the red aid funds, or distributing such money among fellow prisoners;
3. anyone making communications to a clergyman other than of problems pertaining to the soul, giving him secretly letters or communications for delivery, or attempting to win the clergyman's cooperation for illegal purpose;
4. anyone disparaging, slandering or slighting in any other way the symbols of the national socialistic state or its representatives.
Article 11
By virtue of the law on revolutionaries, the following offenders, considered asagitators, will be hung.
Anyone who, for the purpose of agitating, does the following in the camp, at work, in the quarters, in the kitchens and workshops, toilets and places of rest: politicizes, holds inciting speeches and meetings, forms cliques, loiters around with others; who for the purpose of supplying the propaganda of the opposition with atrocity stories, collects true or false information about the concentration camp and its institution; receives such information, buries it, talks about it to others, smuggles it out of the camp into the hands of foreign visitors or others by means of clandestine or other methods, passes it on in writing or orally to released prisoners or prisoners who are placed above them, conceals it in clothing or other articles, throws stones and other objects over the camp wall containing such informations; or produces secret documents; who, for the purpose of agitating, climbs on barracks' roofs and trees, seeks contact with the outside by giving light or other signals, or induces others to escape or commit a crime, gives them advices to that effect or supports such undertakings in any way whatsoever.
Article 12
The following offenders, considered asmutineers, will be shot on the spotor later hung:
Anyone attacking physically a guard or an SS man, refusing to obey or to work while on detail, asking or inducing others to join him in such acts of mutiny, leaving a marching column or a place of work as a mutineer or asking others to do likewise, or bowling, shouting, inciting or holding speeches while marching or at work.
Article 13
The following offenders, considered assaboteurs, willbe punished by death:
Anyone deliberately causing a fire, an explosion, or any kind of damage such as by water in the camp, in the quarters, in the workshops, in the places of work, in the kitchens, store rooms, etc; also anyone manipulating contrary to given instructions with barbed wire installations, high voltage circuits, switch boards, telegraph or water lines, the camp wall or other security installations, heating and boiler installations, machines or motor vehicles. Should the act have occurred because of negligence, then the guilty person will be kept in solitary confinement. In cases of doubt, however, it will be considered as an act of sabotage.
Article 19
Confinement will be executed in a cell, with a hard rest, with water and bread. The prisoner receives warm food every four days. Punitive work consists of severe physical or particularly dirty work, performed under close supervision. Incidental punishments are: drilling, thrashings, foreclosure of mail and food, hard rest, tying to stakes, reprimands and warnings.
All punishments are being recorded in files.
Confinement and punitive labor prolong the term of internment by at least 8 weeks, an imposed incidental punishment by 4 weeks. Prisoners in solitary confinement will not be released within a measurable space of time.
The Commander of the Concentration Camp (L.S.)
[signed] EICKESS-Oberfuehrer
Concentration CampDachau10.1.1933Commanders OfficeService Regulations for PrisonerEscorts and GuardsGuard Deputy.
Anyone letting a prisoner escape will be arrested and handed over to the Bavarian Political Police for liberating prisoners out of negligence.
If a prisoner attempts to escape, he is to beshot without warning. The guard who has shot an escaping prisoner in the line of his duty will not be punished.
In case of attack on a guard by a prisoner, the former is to resist the attack not by physical force but by the use of his weapons. A guard disregarding this regulation must expect his immediate discharge. Anyone keeping his back covered, will anyway seldom have to expect an attack.
If a prisoner unit mutinizes or revolts, it is to be shot at by all supervising guards. Warning shots are principally prohibited.
The time of work is determined by the camp commander. A prisoner escort who brings his prisoners back too early, is guilty of having badly failed to do his duty and can be discharged.
In case a work detachment must stop its work prematurely for some reason or other, then the work detachment leader must have the reason certified on the back of the work service slip [Arbeitsdienst Zettel] by either the construction division or the requisitioning office.
The Commander of the Concentration CampL.S. EICKESS-Oberfuehrer
TRANSLATION OF DOCUMENT 779-PS
[Directive by Wilhelm Frick Regulating "Protective Custody," 12 April 1934][Pencilled noted on top of page:]
[Directive by Wilhelm Frick Regulating "Protective Custody," 12 April 1934]
[Pencilled noted on top of page:]
(1) 3F4487
To reduce the abuses in connection with the infliction ofprotectivecustody, the Reichminister of the Interior has decided in his directive on the infliction and execution of protective custody of 12 April 1934, directed to the state governments and the Reichsstatthalter, that orders for protective custody can only be issued. a) for the personal protection of the arrestee b) if the arrestee immediately endangers public safety and order by his behaviour, especially by activity, inimical to the state.
If therefore, as far as these prerequisites do not prevail a sentence of protective custody is not permitted especially a) against persons who only insist on the use of their civic or public rights (for instance report, complaint, grievance); b) against lawyers because of representation of their client's interests; c) because of personal affair (for instance libel); d) because of any economic measures (question of salaries, dismissal of employees and similar cases).
Protective custody furthermore is not permitted for the punishment of criminal acts, for the courts are competent for that. It cannot be applied only for the reason, that a person behaves asocially or otherwise in an obnoxious manner, unless the People has become aggravated by that, and this protective custody becomes necessary for the arrestee's own protection.
(2)
Regulations of Official Agencies—Regulations on Measures of Protective Custody in Prussia (taken for the administrative gazette of the Reich [Reichsverwaltungsblatt] No. 9 of 2 March 1935.) ThePrussian Prime Minister. Secret State Police Insp. 946/11 March 1934Berlin, 11 March.
Subject: Order for measures of protective custody.
1. The previous executory regulations, applying to measures of protective custody are rescinded. In the future, limitations of personal freedom, according to article 1 of the decree for the protection of people and state of 28 Feb. 1933, may be ordered by the Secret State Police office, effective in the whole state, and by the governors and cabinet presidents in Berlin and by the state police offices for their local jurisdiction.
The present competency of the district police authorities [Kreispolizeibehoerden], namely the state counsellors [Land-rate], is no longer applicable for such measures. The measures previously ordered by them, become void after 31 March unless a prolongation has been ordered before then by the State [Landes] police authorities.
2. If protective custody has been ordered as a provisional measure because of suspicion of a criminal act, the decision of the court must be obtained immediately for infliction of legal detention for investigation, and in the case of a refusal of a legal warrant for arrest, the police measure is also to be rescinded, unless their continuation in exceptional cases appears justified for other reasons.
3. Limitations of personal freedom, which are ordered by the Ober—and Regierungspraesidenten, by the president of the police in Berlin and by the state police offices, become automatically void on the 8th day after the end of the day, on which the order for protective custody has been executed, unless the continuation of the protective custody has been ordered specifically by me upon appropriate request.
4. Every case of protective custody, ordered by the Ober and Regierungspraesidenten, by the president of police in Berlin and by the state police offices, is to be reported to me personally (address Berlin W 9, Leipziger Platz 11a) by Telegram within 24 hours, mentioning exactly: name, age, occupation, political standpoint: of the one affected, as well as the cause of the measure; also if necessary, the necessity for apparently appropriate limitation of freedom beyond 7 days must be justified.
5. Arrests, which do not fall under the designation "protective custody", may only be made by the authorities, legally appointed for them. But in this case, a legal warrant for arrest must be obtained under all conditions within 24 hours. If such a warrant for arrest is refused by the competent judge, or if it cannot be obtained within 24 hours, the affected one is to be released immediately or, if the arrest is to remain in effect, action has to be taken according to #3 and 4 (report by telegram within 24 hours to the prime minister).
6. In the future, I will punish the abusive use of the arrest mercilessly.
Agencies of the party and the associations may not make arrests. In case of disregard of this order, the competent authorities must take actions against it immediately, and must report to me at once.
TRANSLATION OF DOCUMENT 781-PS
1. From a letter to Brigadefuehrer (Maj Gen) WOLFF (Secret State Police).
1. From a letter to Brigadefuehrer (Maj Gen) WOLFF (Secret State Police).
RJM Berlin, 23 March 1936.OBERREGIERUNGSRAT von DOHNANYITo: BRIGADEFUEHRER (Maj Gen) WOLFFBERLIN S W 11Prinz-Albrecht-Strasse 8Dear Mr Wolff,
As you doubtless know, the Reichsfuehrer, using the Hoppe case (shooting) in the concentration camp Columbia as an illustration, discussed on the 2 March the question of the use of arms by guard personnel of concentration camps with my minister. The Reichsfuehrer, according to the notes on the conversation made by the minister, on this occasion considered the idea of issuing a decree on use of arms by officials under his jurisdiction favorably. Could you possibly inform me at your convenience how far this matter has progressed with you?
With many regards and Heil Hitleryour very obedient[signed] Dr. von Dohnanyi
2. After 2 weeks.
1. Notation:
On the 2nd of this month using the Hoppe case as an illustration, I discussed the question of use of arms by the guard personnel of the concentration camp with the Reichsfuehrer SS. I suggested to Himmler that he issue an order on the use of arms for the officials subordinated to him. * * * Himmler has promised me that such a decree will be issued and will grant us participation in the preliminary work. Initiative with Himmler.
2. To Secretary of state Dr. Freisler for acknowledgement.
3. After 2 weeks.
Berlin, 9 March 1936.seen 9/3 illegible. [signature illegible]
To Mr. von Donanyi with the request to remind the secret state police (Wolf) at his convenience.
To Mr. von Donanyi with the request to remind the secret state police (Wolf) at his convenience.
17/3[signed illegible]
TRANSLATION OF DOCUMENT 783-PS
Copy For The MinisterReich and Prussian Minister of Justice2 F.g10 1696/34 Berlin, W.8, 18 JanuaryWilhelmstrasse 65
Subject: Charges against members of camp personnel of Protective custody Camp Hohnstein.
Subject: Charges against members of camp personnel of Protective custody Camp Hohnstein.
To the communication of 19 December 1934.—ST. S.I.2593/34—
Most honored Reich Deputy [Reichstatthalter]!
In regard to your courteous communication of 19 December 1934, I inform you respectfully that, on the basis of the decree of the Reich president relative to exercise of the right of nolle prosse of 21 March 1934 (RGBl, I, page 211) in connection with Article 2, paragraph 1 of the first law for transfer of administration of justice to the Reich of 10 February 1934 (RGB1, I, page 91) the right to nolle prosse pending criminal cases wherein the deed was committed after 20 March 1934, belongs no longer to the Reich Deputy but exclusively to the Fuehrer and Reich Chancellor. Under the circumstances I consider myself not in a position to go to the extent of proposing a nolle prosse of the case to the Fuehrer and Reich Chancellor.
TO the Reich Deputy in Saxony in Dresden A1.
Insofar as the deeds were committed before 2 March 1934 and therefore the right of nolle prosse in the case belongs to you, most honored Reich Deputy, I allow myself to express the greatest scruples against the intended nolle prosse. The nature of the mistreatments, particularly the use of the drip-apparatus, is evidence of a coarseness and brutality in the perpetrators which is completely alien to German sensibility and feeling. Such atrocities, reminders of oriental sadism, can find no explanation or excuse even in the greatest bitterness of combat. Crimes of this sort must find their lawful expiation for the very sake of the cleanness and respect of the movement. In view of experiences in other cases, of similar aspect in a certain sense, I am also unable to share the fear that execution of the legal proceedings would be detrimental to the movement. This is all the more true since the main proceedings can take place with complete exclusion of the public.
Heil Hitler!
TRANSLATION OF DOCUMENT 784-PS
CopyThe Reichminister of JusticeZ.F.g 10 1696.34Berlin, June 5, 1935
1. A message to the deputy of the Fuehrer Reichminister Hess.
ConfidentialPersonal
Regarding: penal proceedings against the merchant and SA leader Lt. Colonel [Obersturmbannfuehrer] Jaehnichen and 22 companions on account of inflicting bodily injury on duty (protective custody Camp Hohenstein in Saxony).
Dear colleague!
With inference to the bill of indictment sent by me under my communication of March 20, 1935 regarding the penal proceedings mentioned above, I beg to inform you of the following:
After a main trial, lasting about six weeks, the assistant prosecutor Staatsanwalt Dr. Walther, proposed the following sentences on May 3, 1935:
Against Jaehnichen(Camp Commandant) 5 years penetentiaryAgainst Zikera—1 year, 6 months prisonAgainst Heinz Meier—3 years prisonAgainst Herbert Meier—3 years, 2 months prisonAgainst Tuerke—3 years prisonAgainst Volkmar—2 years, 3 months penetentiaryAgainst Leuschner—2 years, 3 months prisonAgainst Romkopf—2 years, 6 months prisonAgainst Karche—1 year, 8 months prisonAgainst Hausch—1 year, 4 months prisonAgainst Lehmann—3 years, 3 months prisonAgainst Kuehnel—1 year prisonAgainst Stachowski—1 year prisonAgainst Ude—1 year prisonAgainst Friedrich—1 year, 3 months prisonAgainst Schmeling (Police)—1 year prisonAgainst Konitz—1 year prisonAgainst Uhlmann—1 year prisonAgainst Sturzkober—10 months prisonAgainst Schupp—1 year, 6 months prisonAgainst Hensel—2 years, 3 months prisonAgainst Heinicker—1 year, 6 months prisonAgainst Putzler—3 years, 9 months penetentiaryAgainst Liebscher—7 months prisonAgainst Heger—Suspension on account of amnesty.
On May 15, 1935 the Criminal division number 12 of the Supreme Court in Dresden pronounced the verdict, by which on account of offences against Art. 340 of the Penal Code the following were sentenced:
Jaehnichen—to 6 years prisonZikera—to 1 year, 6 months prisonHeinz Meier—to 3 years prisonHerbert Meier—to 3 years prisonTuerke—to 3 years prisonVolkmar—to 2 years, 3 months prisonLeuschner—to 2 years, 6 months prisonRomkopf—to 2 years, 6 months prisonKarche—to 1 year, 8 months prisonHausch—to 1 year, 4 months prisonLehmann—to 3 years prisonKuehnel—to 1 year prisonStachowski—to 1 year, 6 months prisonUde—to 1 year prisonFriedrich—to 1 year, 3 months prisonSchmeling—to 1 year prisonKonitz—to 1 year prisonUhlmann—to 1 year prisonSturzkober—to 10 months prisonSchupp—to 1 year, 6 months prisonHensel—to 2 years prisonHeinicker—to 1 year, 6 months prisonPutzler—to 3 years, 9 months prisonAgainst Liebscher and Heger suspension was authorizedon the basis of the law governing amnesty.
After the proposal of the sentence, however, still before the announcement of the verdict, the chairman of the Criminal division number 12 received the following letter from the Reich governor [Reichsstatthalter] of Saxony:
"Official SealThe Reich Governor [Reichsstatthalter] of Saxony II 84/35Dresden-A.1, May 8, 1935Mailbox 78 Telephone 24 371.To the president of the Supreme Court Dr. Roth[Landgerichtsdirektor]DresdenPillnitzer Street 41The President of the Supreme Court:Sir:
As I was informed, it is proposed to impose a punishment of 3-1/2 years of penal servitude upon the accused Standartenfuehrer Jaehnichen. Without wanting to interfere in the proceedings or intending to influence you as Judge in any way before the verdict is announced, I should nevertheless like to once more call your attention to the fact that the circumstances, as they had been brought about by the revolution of 1933 and as they, without doubt were still taking effect up to the beginning of 1934, cannot be overlooked, when pronouncing sentence.
A further point appears to me to be worth taking into consideration, namely, the fact that one cannot accuse Jaehnichen of having a low character and that, above all, in Hohenstein the scum of humanity had to be attended to. In consideration of this fact I should like to leave it to you to consider whether the lapses call for such a severe degree of punishment or rather whether a pardon could not be considered.
As Gauleiter of NSDAP I regard it as my duty to call attention again to the unusual circumstances.
Heil HitlerSigned: Martin Mutschmann."
Moreover the information has come to hand that the two magistrates (Schoeffen), who functioned as judges in the principal trial, namely, Regierungsamtmann Helbig and the merchant Pesler, had been expelled from the NSDAP after the announcement of the verdict. I do not know by whom this expulsion was ordered.
Finally it has been put to the assistant prosecutor, Staatsanwalt Dr. Walther, who is a storm trooper, after the pronouncing of the verdict on his Obersturmbannfuehrer, that he should resign from the SA.
The fact that these measures were taken at the same time as the verdict referred to above was pronounced, gives rise to the assumption that here also there is something below the surface. However, this would represent an extremely serious and highly undesirable conclusion to the legal and fully binding penal proceedings. If the letter from the Reich governor reproduced here gave the impression that his judicial decisions should be influenced from higher up, then this would certainly influence to an even greater extent any later measures instituted against the 2 magistrates. That kind of procedure against lay judges after the verdict had been pronounced would naturally and necessarily arouse the feeling that, when they are functioning as judges, they are responsible to a certain office for their work. Hereby the judicial unpartiality, which is the foundation of every orderly administration of criminal law becomes null and void. Moreover, the lay judge, who upon entering service, must swear an oath, that he will discharge his duties conscientiously and to the best of his ability, would find himself forced to battle with his conscience. No less serious would be the consequences of such measures for the assistant public prosecutor. This official would also have to battle with his conscience, while carrying out his duties. Thereby the orderly official work of the authorities for the administration of criminal law would be so seriously endangered that I would find myself obliged to consider the question whether in the face of such a state of affairs public prosecutors and judges could still be functionaries of the party or members of the SA at all.
Hence it appears to be necessary——