...
"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.
In this case they must be fed in such a manner that they will be fully usable as workers.
.."
A decree emanating from Himmler's office, and previously quoted, shows that an Eastern worker was unable to resist the forcible taking of her child, and it was decreed that although, in the case of racially valuable children, the child could not be taken without the consent of the mother, in the same breath the decree voices the mandate that "she has to be made to consent".The defendant Hofmann, as Chief of RuSHA, was fully conversant with this atrocious program.
He was sent copies of suggestions adopted by Himmler, as well as Himmler's decision to introduce a pompous souding name for assembly centers for foreign children. Not only did he have knowledge, but he issued instructions, which coincided exactly with Himmler's ideas and views. On 24 March 1944, in a letter of instructions marked "Secret", dealing with the "treatment of the pregnant foreign working women and of children born of foreign female workers in the Reich", he said: "If the evaluations indicate that the children are good from the viewpoint of race and hereditary health, they are transferred to the care of the NSV in children's homes for foreign children or in private families. In negative cases children are sent to institutions for foreign children". There can be no doubt Hofmann actively participated in this criminal program.
Hildebrandt, who succeeded Hofmann as Chief of RuSHA, is equally guilty with Hofmann in this specific charge. On 25 August 1943, Hildebrandt sent to all RuSHA leaders Kaltenbrunner's decree of 27 July 1943, giving basic instructions on the treatment of children born to foreign workers. In an accompanying letter dealing with the subject "treatment of pregnant foreign workers and of children born in the Reich to foreign female workers", Hildebrandt emphatically issued instructions, and stated in part: "Naturally the opinion of the SS-Leaders for Racial and Resettlement matters is the decisive one in the judgment.
.. I want to point out once more the grave responsibility which has been assigned to the SS-Leaders for Race and Resettlematters by this new order: that is, to especially further all valuable racial strains for the strengthening of our people, and to accomplish a complete elimination of everything racially inferior."
The prosecution seeks to attach responsibility for the taking of infants from foreign workers on Lebensborn and the defendants connected with that institution. In this respect, the prosecution rests its case upon the ground that in two memoranda or decrees issued by various persons and offices it was mentioned that children of good blood should be placed with Lebensborn. The defense asserted emphatically that Himmler rescinded this part of the decree and no children of foreign workers were actually taken into Lebensborn.
As to this defense, the prosecution strongly contended that the defense was absurd and untenable, stating that "Himmler's sole purpose in creating Lebensborn was to obtain 'blood' for the Third-Reich".
We think the position of the defense is not only tenable, but correct for three reasons:
1. The prosecution introduced numerous exhibits in which it was stated that children of good racial blood would be transferred to NSV homes and those of foreign blood to foreigners' children's homes. Either these decrees are absolutely erroneous or those mentioning transfer to Lebensborn are erroneous;
2. The prosecution has failed to show that a single child of a foreign worker was ever transferred to Lebensborn;
3. Although the decrees mentioned Lebensborn were sent to a number of offices and individuals, according to the distribution list Lebensborn was not included on the list.
For these reasons we exonerate Lebensborn and the defendants connected therewith, in connection with this phase of the charges lodged against the named defendants.
The defendants connected with VOMI were not charged with this specific crime; and as to the defendants connected with the Main Staff Office, the evidence was insufficient to implicate any of them in this criminal activity.
PUNISHMENT FOR SEXUAL INTERCOURSE WITH GERMANS During the war hundreds of thousands of workers from foreign countries, particularly from the East, were brought into Germany as forced laborers in factories and agriculture.
With this advent of foreigners there naturally followed incidents of sexual intercourse between the foreigners and Germans. The Nazis, in order to meet this situation, began the issuance of numerous decrees concerning the treatment of foreigners who had sexual intercourse with Germans.
Foreign nationals, particularly from the East, including Poles, Czechs, and Russians, were subject to these decrees (both civilians and prisoners of war).
As early as 3 July 1940, Pancke, then Chief of RuSHA, sent a report to the office of Bormann, Deputy to Himmler, suggesting the issuance of laws to protect German blood. Pancke said:
"At present, there are hundreds of thousands of prisoners in Germany of all nationalities and degrees, partly in camps, but for the most part, however, as workers.
"...The dangers of inter-mixing and bastardizing of our people are extraordinarily grave.
They lie to a great extent in the almost unlimited lack of knowledge throughout our nations of the problems of blood."
Following Pancke's suggestion, the Reich Main Security Office, known as RSHA, and under Himmler, began dealing with the problem by promulgating decrees which provided that in the event a foreigner had sexual intercourse with a German woman, he should be arrested, and examined by a racial examiner of RuSHA. Upon the basis of this examination depended the treatment accorded the foreigner. Those determined to be racially inferior were subject to "special treatment" or a concentration camp; those found to be racially valuable were subject to Germanization. In order that the term "special treatment" might not be misunderstood, we quota from a decree issued by RSHA:
"Special treatment is hanging....
"Sexual intercourse is forbidden to the manpower of the original Soviet Russian territory.
"For every case of sexual intercourse with German countrymen or woman, special treatment is to be requested for male manpower from the original Soviet Russian territory, transfer to a concentra tion camp for female manpower.
"When exercising sexual intercourse with other foreign workers, the conduct of the manpower from the original Soviet Russian territory is to be punished as severe violation of discipline with transfer to a concentration camp.
"The intercourse between other foreign workers employed in the Reich and the manpower from the original Soviet Russian territory also brings great dangers to be dealt with by the security police, therefore, it should also be fought with measures against the foreign workers.
.."
The principal participants in carrying out measures relating to this charge were Himmler's organization, RSHA, which issued decrees and had the final decision on punishment after racial examination; and RuSHA which made the racial examination and evaluation upon which depended to a large extent whether the offender should die or receive a lighter punishment.
That RuSHA was an active participant in these measures cannot be denied, for practically every decree or piece of correspondence concerning this subject either originated in the office of RuSHA or was sent to that office, or else the correspondence or decrees mentioned RuSHA's role in the matter.
We need quote but a few documents to show the close connection RuSHA had with this program.
On 14 September 1942 a letter, originating from the office of RuSHA while Hofmann was chief of that office, stated:
"It is requested, that in all Special Treatment cases, where German woman have become pregnant by men of alien races, the offenders be racially examined without delay.
"The Reich Main Security Office has instructed its Branch Offices to present these cases immed iately to the Commissioner of the Main Race and Settlement Office-SS."
Judge Wyatt will now continue the reading of the Judgment.
BY THE PRESIDENT:
In a report sent to Hofmann in October 1942, we find the following:
"The order given by the Reichsfuehrer of the SS on the Special Treatment of Poles is extended to the Czechs too.
The Reich Main Security Office continues to complain that a quicker decision must be reached concerning suitability for German ization.
It proposes a short course of instruc tion for all the Heads of the State Police Regional Offices and afterwards the inauguration through these of a system of rough racial selection of the civilian workers suggested for Special Treatment.
On account of principal considerations this con sent to the Reich Main Security Office had to be refused.
It then remains for us, however, on the other hand to guarantee that the examination pro cess will be speeded up.
Once more reference must be made to the regular submission of the expert opinions to the Higher SS and Police Leaders.
.."
Hofmann's complete familiarity with and participation in this program is shown by instructions he himself issued while Higher SS and Police Leader, after he left RuSHA. He said:
"With regard to illicit sexual intercourse of laborers of foreign stock the following ordin ances are in force:
"All serious offenses such as assault and sexual offenses and sexual inter course with German women and girls are to be reported at once to the Security Service (Security Police); as a matter of principle the department of justice will not be contacted in the beginning.
As a rule both parties will be arrested.
"After being investigated as to his nationality the party of foreign race is subject to a racial evaluation by the competent RuS Field Leader; a po tential suitability toward Germaniza tion is to be explored.
"When a case of sexual intercourse is detected, the Amtsarzt (official phy sician) has to ascertain whether the participating German woman is pregnant.
It is to be stated how far the pregnancy is advanced and whether another and what person beside the one of foreign stock in question might have fathered the pro spective child (this investigation to be made by the Youth Office). If the person of foreign stock is fit for Gar manization and if both parties are evaluated favorably under the racial viewpoint, mar riage is possible under certain conditions, however, marriage between laborers from Serbia, or other Eastern laborers, and German girls are not permitted for the time being.
A female worker of foreign stock, caused by the German man (in abuse of his position) to submit to sexual intercourse, will betaken into protective custody for a brief period, thereafter assigned to a different job.
In other cases the female worker of foreign race is to be confined to a concentration camp for women.
Pregnant women are to be sent to a concentration camp only after they have given birth and stilled the baby."
In 1943 Hildebrandt succeeded Hofmann as Chief of RuSHA. The measures with reference to punishment of foreigners for sexual intercourse continued thereafter. During the time Hildebrandt was chief, two copies of Kaltenbrunner's decree of 10 February 1944 were sent to RuSHA. This decree, marked "secret", was a ten-page detailed order covering the procedure in cases involving foreigners who had had sexual intercourse with Germans. With reference to "special treatment" the decree states:
"Especially acts of sabotage, crimes of violence and immoral crimes as well as sexual intercourse with German women and girls are to be considered as severe offenses.
"On principal, the cases will not be handed over to Justice.
Only those cases are to be transmitted there, where a court sentence ap pears to be desirable for reasons of political disposition of the public and where it has been ascertained by previous sounding that the court will pass the death sentence.
.."
"Carrying out the special treatment shall serve especially to intimidate the foreign workers inside the Reich, this, however, will only be completely achieved if the expiation follows the deed at once.
Therefore the inquiries have to be completed immediately.
It must be made pos sible for the reports to be submitted to RSHA in the case of B 1 to 4 days at the latest, B II 2 months at the latest, B III 3 weeks at the latest after the event.
These offices which are involved in the process, are to be informed of this fact."
Hildebrandt, while on the witness stand, first denied that he comprehended the menaing of the term "special treatment", but later admitted that he knew that in the case of "special treatment" hanging might result.
Hildebrandt's familiarity with "special treatment" procedure is clearly shown in one of his own orders. On 31 March 1944, he appointed Dr. Turner as a Deputy with powers to act in his absence. This appointment, according to the order, was made because Hildebrandt's assignment in the East would last a little while longer. In the order of appointment, Hildebrandt said:
"As before, I reserve the right to make long range decisions, as well as decisions of a fundamental nature.
However, I again express ly decree that the official channel to me leads only via my deputy.
"Petitions for engagement and marriage permits and special treatment cases for submission to the Reichfuehrer-SS are from 1 March 1944 to be sub mitted every week to SS-Gruppenfuehrer Dr. Turner, when in Berlin, for dispatching to the Reichs fuehrer-SS, or to the Reich Main Security Office.
When SS Gruppenfuehrer Dr. Turner is absent from Berlin, the chiefs of the marriage Office and the Race Office retain the right of signature as order ed in Point 5 of letter of 16 December 1943."