"....Closely linked to this problem 'children and people;
for this coming and now shaping great, empire which has recently been much enlarged by the addition of the Eastern territories and which gradually becomes an empire of Germanic greatness which has been created for us by the Fuehrer; linked to this problem is now a second problem, that is my task as Reich Commissar for Strengthening of Germanism.
Here, too, this task is one which deals with the question, how we can add to the victory of the sword the victory of the blood, of the blood of our kind.
How will the organization be carried out, after the victory over the enemy, the real Germanization of the land, how will the real occupation of the new provinces from the racial point of view be carried out.
I have received orders to carry out this task on October 7th, from the Reichsfuehrer SS, as Reich Commissar for Strengthening of Germanism.
We must see to it that at least in the Provinces which belong to Germany now, the problem of a Polish minority is liquidated and eliminated, the problem must be liquidated.
"We have to see to it that now, in these days when we are strong, people who are of our blood will be brought back to us, as much as is in our power and that we see to it that none of our blood is ever lost to the outside world... The manner in which this is to be achieved will be different every time. At the beginning it was necessary - and this, if you please, should not go beyond our small circle - to carry this out in a very ruthless fashion, especially in West Prussia, where the atrocities committed by the Poles were worst, and where German blood was heavily shed...."It is a matter of course that Germany will bring back ethnic Germans from all countries after the war, all people who are of ethnicGerman good stock, I would even say, of good blood..."
Later, in a letter dated 18 June 1941, Himmler made his plan quite clear in unambiguous language when he said:
"I would consider it right if small children, of Polish families, who show especially good racial characteristics were apprehended and educated by us in special children's institutions and children's homes which must not be too large. The apprehension of the children would have to be explained with endangered health....
"After half a year the genealogical tree and documents of descent of those children who prove to be acceptable should be procured. After altogether one year it should be considered to give such children as foster children to childless families of good race..."
In furtherance of Himmler's pernicious kidnapping plans, Greifelt lent his assistance by issuing "Regulation 67/1". This order was sent to numerous offices, including the Higher SS and Police Leaders, as deputies to the RKFDV, in the occupied territories and in Germany, and RuSHA. The decree, which was immediately placed into operation and which resulted in many kidnappings, declared:
"In order to be able to regain for German Folkdom those children, whose racial appearance indicates nordic parents, it is necessary that the children, who are in former Polish orphanages and with Polish foster parents, are subjected to a racial and psychological process of selection.
These children, who are considered to be racially valuable to German Folkdom, shall be Germanized..."
The decree further provided, in great detail, for the registration of the children, their racial examination by RuSHA, a medical examination and their subsequent handling, stating in part:
"My representative at Posen will report all children from 6 to 12 years of age who have been considered suitable for Germanization, to the Inspector of the German folk schools. The Inspector of the German Folk Schools will accommodate these children in special folk schools, which answer the children's needs. Those children, who leave the German folk schools with positive results, are to be lodged in rural homes of Germany proper.
"Special attention is to be given that the expression 'Polish children suitable for Germanization' may not reach the public to the detriment of the children. The children are rather to be designated as German orphans from the regained Eastern Territories."
On 16 February 1942 Himmler issued a decree dealing extensively with the kidnapping of foreign children.
In part the decree states:
"Politically heavily incriminated persons will not be included in the resettlement action. Their names are also to be submitted by the Higher SS and Police Leaders (Inspectors of the Security Police and of the SD) to the competent State Police (Main) Office for the purpose of transfer to a concentration camp. The wives and children of such persons are to be resettled in Germany proper and included in the procedures for Germanization.
"If the wife, too, cannot be included in the resettlement action because she is politically badly incriminated, she, too, is to be named to the competent State Police (Main) Office for the purpose of transfer to a concentration camp. In such cases the children are to be separated from their parents.
..Persons to be considered politically heavily incriminated are those who committed the most serious offenses against Germandon (For example, participation in persecution of Germans, economic destruction of racially pure Germans, among other things).
"The children are to be admitted to the local German public schools and included in the Hitler Youth. Attendance at a local school of higher education is prohibited.....
"The Higher SS and Police Leaders are to pay particular attention that the re-Germanization of the children does not suffer as the result of detrimental influence by the parents. Should such detrimental influence be determined to exist, and should it be impossible to eliminate them through coercive measures by the State Police, accommodations are to be found for the children with families who are politically and ideologically above reproach and ready to take in the children as wards, without reservation and out of love for the good blood present in the children and to treat them as their own children. The same thing is applicable to children who must be separated from their parents in accordance with paragraph II A 3 of this regulation.
"They are to take into protective custody persons in whose cases the Higher SS and Police Leader has ordered the revocation of nationalization, and to transfer them to a concentration camp."
Ten copies of this decree were sent, for information, to the Main Staff Office.
A graphic example of the kidnapping of foreign children, and the procedure followed is contained in correspondence covering a period of more than a year, concerning a number of persons. This correspondence occurred between Himmler's office, RuSHA, VOMI, and the Main Staff Office. After a decision had been made to perform a racial examination on the subjects of the correspondence and the examination had been conducted by RuSHA, Himmler reached the following decision in a memorandum marked "Secret" and sent to VOMI, RuSHA, and the Main Staff Office:
"1. Maria Lambucki and Stanislaw Koch are not to continue to remain in protective custody.
"2. Jachwiga Koch is to be assigned to a German Folk School.
"3. Brunhilde Muszynski is to be taken into protective custody. Her two children, aged 4 and 7 years, are to be sterilized and lodged somewhere with foster parents.
"4. Ingeborg von Avenarius is also to be taken into protective custody. Her children too are to be lodged somewhere with foster parents, after sterilization."
Speaking at Bad Schachen in October 1943, Himmler reiterated his policy of kidnapping children in the following langauge:
"I consider that in dealing with members of a foreing country, especiall some Slav nationality, we must not start from German points of view and we must not endow these people with decent German thoughts and logical conclusions of which they are not capable, but we must take them as they really are."
"Obviously in such a mixture of peoples there will always be some racially good types. Therefore I think that it is our duty to take their children with us, to remove them from their environment, if necessary by robbing or stealing them...Either we win over any good blood that we can for ourselves and give it a place in our people or...we destroy this blood..."
The defendant Cretuz, who was deputy to Greifelt, was also involved in the kidnapping of foreing children, Even before Greifelt issued his decree "67/1" in 1942, Creutz in writing to Reich Governors declared:
"There are a great number of children in former polish orphanages who, on account of their racial characteristics, must be considered to be children of Nordic parents. These children must be subjected to a racial and psychological selection procedure. Children found to be biologically valuable for the Germandom are to be biologically valuable for the Germandom are to be Germanized."
In this correspondence Creutz further gave detailed suggestions and instructions as to the Procedure to be followed in the Germanization of the foreign children.
The evidence establishes beyond all doubt that Creutz issued instructions for the carrying out of a "children's operation", which meant the bringing of children into Germany for Germanization; and for this activity, as a part of the Germanization program, he bears full responsibility.
RuSHA actively participated in the kidnapping of alient children. To this organization was delegated the task of making racial examinations and upon the basis of these examinations, and racial evaluations, many children were wrested from their parents and relatives and sent to Germany. These examiners were working directly at different intervals under the control and supervision of Hofmann and Hildebrandt respectively, who had knowledge of their activities; and for the participation of RuSHA in this program, both these defendants bear full responsibility.
Hofmann, a s chief of RuSHA, and Hildebrandt, who later became chief of RuSHA, knew as early as the summer of 1941 the details of the proposed program. Both defendants were sent a copy of the letter from Himmler, to which we have already adverted, in which he said he would consider it right if small children of Polish families, who show good racial characteristics, were apprehended and educated by the Reich.
Further proof of Hofmann's knowledge and participation in the bringing of children into Germany for Germanization is contained in a file note sent to Hofmann concerning two Russian boys who had been deported to Berlin and were being cared for by RuSHA.
On 12 February 1942, Hofmann, in a memorandum concerning actions to be taken against foreigners who made difficulties, said:
"At another occasion, SS-Gruppenfuehrer Greifelt was ordered to submit a directive according to which Germanizable Poles, who make special difficulties, are to have their children taken away from them. These children are to be sent to special homes, etc. The Reichsfuehrer expects an especially educating effect from this measure."
The defendant Schwalm participated in the kidnapping program, as is shown by several exhibits.
In January 1941, Schwalm became chief of the Staff Office at Lodz and remained in that position until September 1941. Also, in January, 1941, he became chief of the RuSHA agencies in the EWZ at Lodz. He had authority ever racial examiners, who were constantly engaged in making examinations and evaluations of children. There is evidence in the record showing that Schwalm, while chief of the branch office at Lodz, trained racial examiners: and the evidence irrefutably shows that Schwalm, in this position, was the person who had the power to change racial decisions.
At a meeting of the offices for Race and Settlement, attended by Schwalm, and at which time he was appointed chief of the RuSHA agencies in the EWZ at Lodz, the following illuminating decision was made:
"Oberfuehrer Kaaserer then said that, by an order of the SS-Personnel Main Office effective 1 December 1940, he was transferred as Chief of the Ancestry Research Office of the Main Office-SS for Race and Settlement and, therefore, as Chief of the Office for Race and Settlement would resign from The Central Office for Immigration on 15 January 1941. SSSturmbannfuehrer Schwalm was appointed his successor...."The racial sentence once passed on a resettler by an expert may not be altered by any office.
The judgment of an expert is an expert diagnosis just like that of a physician. Only Sturmbannfuehrer Schwalm, in his capacity as Chief of the Offices for Race and Settlement, has the power to alter a judgment after a thorough investigation which is best done by looking over the resettler personally... "
JUDGEO'CONNEL: The reading will now be continued by Judge Crawford.
THE PRESIDENT:The Tribunal will recess for fifteen minutes.
(A recess was taken.)
THE MARSHAL:Persons in the court room will please find their scats.
The Tribunal is again in session.
THE PRESIDENT:Judge Crawford will continue with the reading of the judgment.
JUDGE CRAWFORD:
"Schwalm's activities and participation in kidnapping is established beyond doubt by a number of reports signed by him cocerning transports. Writing with reference to the 288th transport, 239th transport, 340th transport, and 432nd transport "of families and individuals to be re-Germanized," Schwalm gives a long list of persons transported, as well as the date and place of birth of the individuals; and in quite a number of instances the reports show that young boys and girls unaccompanied by family members were being transported. Girls of 15 years of ago were shipped and there were quite a number of 18 and 19 year old girds.
The participation of VOMI in the kidnapping of foreign children is clearly established by a number of exhibits from various officials of VOMI concerning the disposition of relatives of Slovenes who had been executed. Typical of these memorandums is the following from the VOMI office in Berlin to the VOMI office in Bayreuth: "Subject: Relatives of the bandits executed in Lower Styria -- resettler's child, Albin Wipotnik, born 26 dune 1937, at present in Camp Kastl near Bamberg. Released to family Zozej at Geislingen." This letter states:
"In conclusion of the above matter, I wish to notify you, that the resettler's child Albin Wipotnik may be released.
"I request, that you state the above file number on the release certificate, which is to be forwarded to this office, and that you make a full report to me, since I have to contact the Lebensborn yet."
Knowledge on the part of both Lorenz and Brueckner, and their participation in kidnapping activities, is established by a teletype message, signed by the defendant Brueckner, in which he urgently requested information as to the number of children separated from their parents. He said:
"Regarding separation from their parents of children whose ethnic characteristics are in jeopardy, the decision of the Reichsfuehrer-SS was announced by the letter from this office dated 28 August 1942 and it was ordered that lists of such children and orphans are to be submitted to this office for forwarding to the Reichsfuehrer-SS.
Despite a reminder no report has been made.
As the Reichs fuehrer-SS repeatedly demanded the report from SS-Obergruppenfuehrer Lorenz, I expect at once information by teletype as to when lists will arrive here."
Many children were concentrated in VOMI camps outside of Germany, separated from their parents, in many instances, and usually they were finally transferred to VOMI camps in Germany. These children, who unquestionably had been forcibly taken from their parents, were subjected to racial examinations in VOMI camps, and then disposed of according to racial evaluations. The evidence indisputably establishes that these incidents occurred particularly in regard to Yugoslav children and also in Czechoslovakia.
It is quite clear that both Lorenz and Brueckner are inculpated in crimes connected with the kidnapping of foreign children.
ABORTIONS ON EASTERN WORKERS The policy of abortions on Eastern workers began in 1943, and had its basis in a decree issued by Himmler in March 1943, which provided:
"...that in those cases, where pregnancy is caused by sexual intercourse between a member of the SS or the Police and a non German woman, residing in the occupied Eastern territories, an interruption of pregnancy is to be carried out positively by the competent physician of the SS or the Police, unless that woman is of good stock, which is to be ascertained in advance in every case.
"The Russian physicians or the Russian Medical Association, which must not be informed of this order, are to be told in individual cases, that the pregnancy is being interrupted for reasons of social distress.
It must be explained in such a way, that no conclusions to the existence of a definite order may be drawn."
Following the Himmler decree on abortions, Dr. Kaltenbrunner, from the office of the RKFDV, issued detailed instructions on the subject of abortions, stating:
"In cooperation with the offices concerned, the Reich Health Leader has decreed in his Order No. 4/43, dated 11 March 1943, that in the ease of Eastern female workers, pregnancy may be interrupted if the pregnant woman so desires.
...
"The consent for abortion of Eastern female workers on the part of the offices of the Reich Commissar for the Strengthening of Germanism is valid herewith as retroactively granted in the cases in which the father was a man of foreign race (not Germanic).. In these cases, the office for expert opinion will, therefore, not obtain the consent of the Higher SS and Police Leader as Deputy of the Reich Commissar for the Strengthening of Germanism, but may order the abortion on its own authority.
"Obtaining the consent of the Higher SS and Police Leader as Deputy of the Reich Commissar for the Strengthening of Germanism is, according to this, necessary only in the cases in which it is maintained or is probable that the father was a German or a member of an ethnically related (Germanic) race.
"The Higher SS and Police Leader will then be informed of those cases.
.."
The decree provided for the taking of personal histories and racial examinations by the RuS--Fuehrer, and further provided:
"...If it is found by this racial examination that a racially valuable is to be expected, then the consent for abortion is to be denied.
If on the basis of the racial examination the offspring is expected not to be racially valuable, the consent for abortion is to be granted.
"The racial examination is to be carried out rapidly.
Further directives concerning the carrying out of the racial examination and the treatment of the cases in which the consent for abortion is to be denied are issued by the Reichsfuehrer SS and Chief of the German Police, or by the RuS -- Main Office SS.
.."
It appears from the evidence that basic decrees and memorandums on the question of abortion were principally issued by offices and defendants other than those here involved, with the exception of RuSHA. That RuSHA participated in the abortion program is clearly shown. The role played by RuSHA was principally in conducting racial examinations of the pregnant worker as well as the suspected father to determine whether a racially inferior or satisfactory child might be expected; and upon the basis of this examination it was determined whether an abortion should or could be performed -- orders being to the effect that no abortion could be performed where a child of good racial characteristics might be expected, and that an abortion should be performed where such a child was improbable. Upon these racial examinations depended also the future treatment of a child in those cases where a pregnancy interruption was not practicable because pregnancy was in too far an advanced stage at the time of the examination.
In the event the racial examiner determined that a racially inferior offspring was to be expected, the child was assigned to a "foreign children's home", which meant that it would be reared under adverse, conditions without the benefit of the normal necessities of life and culture, while in the event the racial examiner found that a racially suitable child might be executed, such a decision meant that the child would be subjected to Germanism through adoption by foster parents.
That a child evaluated as of good racial characteristics would be wrested from its mother and subjected to Germanization is clearly shown in a letter from Himmler's office to RuSHA, in which it is stated:
"The reception into the care of the NSV or of Lebensborn of the child of good racial stock will necessitate in most cases its separation from the mother who remains at her working place.
Particularly for this reason the reception into that care of the child of good racial stock is only possible with the mother's consent.
She has to be made to consent to it through interpretations by the caretaking office which set forth the advantages but not the ends of this procedure.
.."
While it may be noticed that this letter states that such a child can be taken from its mother only by her consent, the letter proceeds to state that the mother "has to be made to consent."
Of course, through no stretch of the imagination can the forced agreement of a slave laborer in the Reich, working under the conditions to which these laborers were subjected, be termed a "consent".
The role of RuSHA in the abortion program was principally carried out, so far as basic directives are concerned, by the defendants Hofmann and Hildebrandt. On 13 August 1943, Hildebrandt wrote, concerning abortions:
"I should like to emphasize especially that the necessity for the racial examinations, which takes place upon the suggestion of the Main Race and Settlement-Office-SS, also applies here.
"The directives for the RuSHA field leaders' decision in the racial examination are the same as the ones laid down by me through the ordinance of 13 August 1943 to be applied in decisions about applications for pregnancy interruption for Eastern female workers.
"All files of cases, in which the RuSHA field leader refuses the pregnancy interruption, are to be submitted to the Main Raice and Settlement Office together with photographs and addresses of their relatives, so that they may be examined in the light of inclusion into the re-Germanization program."
And ten days later, Hildebrandt, in a memorandum marked "Secret", stated:
"Enclosed find the Order of the Reichsfuehrer SS and Chief of the German Police of 27 July 1943, which has been issued in agreement with the Main Office for Race and Resettlement, for your compliance.
"The carrying out and the decision on the treatment of the pregnant women, as well as of the expected children, is the responsibility of the SS-Leader for Racial and Resettlement matters.
The regulations issued by me, in regard to the decisions on applications for interruption of pregnancy, also correspondingly apply to the decisions of the SS-Leaders for Racial and Resettlement matters.
..."
"Naturally the opinion of the SS-Leader for Racial and Resettle ment matters is the decisive one in the judgment.
...
"Though I have already done so in the regulations on the decisions on the interruption of pregnancies, I want to point out once more the grave responsibility, which has been assign ed to the SS-Leaders for Racial and Resettlement matters by this new order, i.e. to especially further all valuable racial strains for the strengthening of our people, and to accomplish a complete elimination of everything racially inferior."
The desired result of this systematic program of abortions was: (a) to keep the Eastern laborers available as slave labor: and (b) to hamper and reduce the reproduction of the population of the Eastern nations.
Since one of the main defenses to this specific charge is the contention that abortions were performed in all cases only on a voluntary basis, by the express consent of the women involved, we quote another document which clearly refutes this contention:
"It is known that racially inferior offspring of Eastern workers and Poles is to be avoided if at all possible.
Although pregnancy interruptions ought to be carried out on a voluntary basis only, pressure is to be applied in each of these cases.
..."
TAKING AWAY INFANTS OF EASTERN WORKERS Closely linked to the program of abortions was that of stealing children born to Eastern workers.
Notwithstanding the abortion program, it often happened that a case of pregnancy was not discovered until it was too late to perform an abortion or the child was born before pregnancy was actually discovered. Therefore, the Nazis conceived it to be necessary to deal with this situation. They solved it by simply, in many cases, stealing the child and sending the mother back to labor for the Reich.
The procedure of taking away infants of Eastern workers is clearly outlined in a decree issued by Kaltenbrunner on 27 July 1943. This decree, among other things, provided:
"Relative to the question of the treatment of pregnant foreign woman and the children born in the Reich by foreign working women, I give the following directives in accordance with the respective central offices which, on their part, will give corresponding instructions to their subordinate offices:
"After giving birth the foreign working women have to resume work as soon as possible according to the instructions of the Plenipotentiary for the assignment of Labor.
...
"The children born by the foreign working women may in no case be attended by German institutions, be taken into German children's homes, or else be reared and educated together with German children.
Therefore, special infant attendance-institutions of the simplest kind - so-called 'foreigners' children's nursing homes' - have been erected within the billets where these children of foreigners are attended to by female members of the respective nationality.
..
Foreign population is emphasized by the human sacrifices in the war.
It is therefore important that the children of foreigners who, partly , are of a similar race and bearers of German blood and may therefore be considered as valuable are not assigned to the 'Foreigners' children's nursing home' according to figure 3, but, if possible, they are to be saved for the German nationality and to be educated as German children.
"For this reason an examination of the racial character istics of the father and mother has to be carried out in cases where the father of a foreigner's child is of German or of kindred race (Germanic)...."The decree then provides for racial examinations by RuSHA, and further states:
"In cases where on the basis of the racial examination and of the expert opinion as to the health stock both of the father and the pregnant woman racially good descendants can be expected, the children, in order to assure their education as German children.
.. will be put in the care of the National Socialist Public Welfare Association (NSV) which will place them in special children's homes for foreigners' children of good racial stock or in private families.
Should the examination prove negative then the children will be treated according to figure 3."The Higher SS- and Police Leader is to submit as quickly as possible:
"To the Youth Offices the result of the racial examination, respectively the decision on all cases reported by them.
In cases of a positive result of the racial examination the summons has to be added to bring about the appointment of a guardian at the appropriate time.
"In cases of a positive result of the racial examination, to the competent Gau Office of the NSV moreover the summons to have the child of the foreign woman adopted at the appropriate time under the care of the NSV for children of good racial stock.
...
"The reception into the care of the NSV or of Lebensborn of the child of good racial stock will necessitate in most cases its separation from the mother who remains at her working place.
Particularly for this reason the reception into that care of the child of good racial stock is only possible with the mother's consent.
She has to be made to consent to it through interpretations by the caretaking office which is set forth the advantages but not the ends of this procedure.
..."
A copy of this decree went to RuSHA.
RuSHA's role in the procedure for taking infants from Eastern workers was similar to that in the case of abortions. RuSHA's evaluation of the racial value of the child determined the fate of the child. The fate of those determined to be of racial value is plainly stated in a memorandum to Himmler, suggesting the disposition of these children:
"... Polish women and Eastern female workers should, in every case of pregnancy, be examined by the Main Race and Settlement Office.
Their children, if they are proven to be of good race, should be handed over to the institutions of the NSV.
"If the pregnancy of an Alien female worker has been caused by a German man, normally no procurement of abortion is necessary, but an investigation of the racial purity of the mother and the father will be conducted by Plenipot entiaries of the Main Race and Settlement Office.
The Alien woman will be re-allocated to labor after the birth.
All children proved to be racially pure will be sent to the children's institutes, which are to be established for these children who are to be educated as Germans.
The approval of the mother is only required, if the mother is a national of an independent state.
Children of impure race (schlecht-rassisch) would be handed over to children assembly centers, in order to prevent German children growing up together with foreign children, and to make the mother available for labor allocation.
Children assembly centers, which would be managed by members of foreign nations, could be set up in almost every village and without exception in every Alien camp.
..."
Himmler agreed to the suggestions made, but in the case of foreign children, he considered "it proper to introduce a pompous souding designation for the assembly centers for foreign children."
The fate of those found not to be of racial value, and accordingly sent to foreign children's homes, is disclosed in a report of investigation of such a home. This report, which was made directly to Himmler discloses that:
"... This home was founded some time ago for a trial period on the basis of your correspondence of 9 October 1942 with Gauleiter Eigruber.
On the basis of the order you gave then SS-Oberfuehrer Langoth founded the home.
"During this visit I found that all of the babies located in this home were undernourished.
As I was told by SS Oberfuehrer Langoth only 1/2 liter milk and 1 1/2 cubes of sugar per baby per day are furnished to the home on the basis of a decision of the Land Food Office.
With this ration the babies must perish from undernourishment in a few months.
I was informed that this agreement exists concerning the raising of these babies.
..
"I have already asked SS-Oberfuehrer Langoth to inform Gauleiter Eigruber of this condition and to ask him to assure sufficient nourishment of these babies until your opinion is obtained.
I consider the manner in which this matter is treated at present as impossible.
"There exists only one way or the other. Either one does not wish that these children remain alive - then one should not let them starve to death slowly and take away so many liters of milk from the general food supply; there are means by which this can be accomplished without torture and pain.
Or one intends to raise these children in order to utilize them later on as labor.