c. Selection from the Argumentation of the Defense

_EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS_

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In 1943 a collection of Jewish skeletons was set up in the Anatomy Department of the Reich University of Strasbourg according to plans which had been prepared in 1941 by Himmler and the Director of this Anatomy Department, Professor Dr. Hirt. The skeletons were to be obtained by selecting the required number of persons in the concentration camp at Auschwitz from among the Bolshevist commissars who had been taken prisoner in the campaign against the Soviet Union. The liquidation of the persons chosen took place in the concentration camp at Natzweiler.

Whether the liquidation entailed a death which was deserved or undeserved on the part of the persons chosen depends upon whether the “Commissar Order,” which was the basis of the liquidation, can be regarded as legal and permissible or not. A detailed examination of this question can be excluded here, since subjective grounds are of decisive significance in this connection.

Sievers did _not_ take part personally _either in the selection or in the liquidation_ of those persons designated for the skeleton collection. The choosing was undertaken by a certain Dr. Beger in the concentration camp at Auschwitz. (_NO-087, Pros. Ex. 181._) Sievers himself was never in Auschwitz. The liquidation took place in the concentration camp at Natzweiler. The _earliest date_ at which the liquidation could have taken place is shown by the date of the aforementioned document which is dated 21 June 1943. After 23 January 1943, Sievers was no longer in Natzweiler. Therefore, any personal participation of Sievers in the selection as well as the liquidation is out of the question.

We must now examine whether the setting up of the skeleton collection and the associated liquidation of those persons selected took place on Sievers’ orders or instructions—

The _prosecution_ has submitted and read:

Letter of the Reichsgeschaeftsfuehrer of the Ahnenerbe to Brandt, dated 9 February 1942, with a report from Dr. Hirt in which the latter suggests a collection of skulls for the University of Strasbourg which was to be obtained from Jewish-Bolshevist Commissars. (_NO-085, Pros. Ex. 175._)

Letter of Brandt to Sievers, dated 27 February 1942, with the report that the Reich Leader SS is quite interested in the work of Professor Hirt and will place at his disposal everything which he requires for his experiments. (_NO-090, Pros. Ex. 176._)

Letter of the Reichsgeschaeftsfuehrer of the Ahnenerbe to Dr. Brandt, dated 2 November 1942, regarding the requisition of 150 skeletons of prisoners for certain anthropological examinations. (_NO-086, Pros. Ex. 177._)

Personal staff Reich Leader SS to Reichssicherheitshauptamt (Main Office for the Security of the Reich), dated 6 November 1942, regarding transmission of the order of the Reich Leader SS to make possible the construction of the skeleton collection as planned. (_NO-089, Pros. Ex. 179._)

Letter of the personal staff Reich Leader SS to the Ahnenerbe, dated 3 December 1942, regarding remedying of deficiencies through SS Obergruppenfuehrer Pohl. (_NO-092, Pros. Ex. 180._)

Letter of the Institute for Military Scientific Research of the Reichssicherheitshauptamt (Main Office for the Security of the Reich), dated 21 June 1943, regarding the transfer of the 115 persons selected by SS Hauptsturmfuehrer Beger in the concentration camp at Auschwitz. (_NO-087, Pros. Ex. 181._)

Telegram of the personal staff, office “A”, to Dr. Brandt, dated 5 September 1944, regarding the procurement of instructions as to what should happen to the collection in the event Strasbourg should be endangered. (_NO-088, Pros. Ex. 182._)

Two memoranda of Berg, dated 15 and 26 October 1944, regarding the breaking up of the collection. (_NO-091, Pros. Ex. 183._)

Several entries in the diary of Sievers, 1943-44.

A letter of Sievers to Dr. Hirt, dated 3 January 1942, has been offered by the prosecution. (_NO-3629, Pros. Ex. 547._) This letter contains the request of Himmler to Hirt to make available to him a detailed report regarding his experiments which then could serve as basis for a conference.

Letter of the Reich Business Manager to Dr. Hirt, dated 29 October 1942, regarding the granting of subsidies for research activities. (_NO-3819, Pros. Ex. 550._)

In this respect, _counsel for the defense_ declares:

The idea of setting up a skull collection of Jewish-Bolshevist Commissars initiated with Dr. Hirt, director of the Anatomy Department of the University of Strasbourg. Dr. Hirt himself submitted to Himmler the suggestion for setting up such a collection. (_Tr. p. 5704._) The suggestion received Himmler’s complete assistance. Himmler issued instructions to place everything at Hirt’s disposal which he required for his experiments. (_NO-090, Pros. Ex. 176._) In addition to this, Himmler issued an order through his personal staff on 6 November 1942 that everything necessary will be placed at the disposal of Professor Dr. Hirt. (_NO-089, Pros. Ex. 179._)

It can be seen from the letter of the personal staff of the Reich Leader SS to the Reich Business Manager of the Ahnenerbe, dated 25 March 1942, how energetically Himmler favored the experiments of Dr. Hirt. This letter states:

“In this connection, please get in touch with Hirt as soon as possible and consider further how Hirt can best be brought closer to us.” (_Sievers 53, Sievers Ex. 49._)

It can be seen further from the direct examination of Sievers that Dr. Hirt was a confidant of Himmler, for Sievers was able to establish this fact as early as 1936 and in the subsequent years had an opportunity to repeat this observation. (_Tr. pp. 5706-7._)

This can also be established by means of the conference which took place at Easter 1942 regarding the course of which Sievers has given a detailed description. Among other things, Sievers called attention to the fact that Hirt and his anatomical collection, which was a University matter, did not concern the Ahnenerbe in any way.

Himmler became quite active after this aggressive action of Sievers, following which the latter requested an order in writing. (_Tr. p. 5715._)

In this connection, the order of Himmler, dated 7 July 1942, must also be mentioned. Figure 2 reads as follows (_NO-422, Pros. Ex. 33_):

“I order the Ahnenerbe

“1. * * *

“2. To aid in every possible manner the research activities of SS Hauptsturmfuehrer Professor Dr. Hirt and in the same way promote all the experiments and work pertinent to same.”

These facts were necessary in order to clarify matters for the chief instigators, Himmler and Hirt. Everyone cognizant of the conditions knows that it was also impossible in this case to act in any way contrary to the orders issued by Himmler.

Until the Easter conference of 1942, Sievers knew nothing of the Commissar Order; Himmler at that time showed him pictures of Bolshevist Commissars, men and women who had been arrested, as well as pictures of German soldiers and civilians who had been killed and mutilated in the most horrible manner by these male and female monsters. This influenced Sievers’ attitude toward the “Commissar Order,” the contents of which he learned in outline at that time. The original text of the “Commissar Order” could not be produced during the Goering[85] trial. For a clarification of the contents of this order, counsel for the defense refers to the—

“Directives for the commands of the Chiefs of the Security Police and of the Security Service (SD) to be transferred to the Stalags.” (_Sievers 54, Sievers Ex. 50._)

As in the other cases, Sievers’ activity consisted in forwarding correspondence, whether it came from “above,” that is, Himmler, Rudolf Brandt, or from Hirt or other third parties. It can be shown conclusively that he himself issued no instructions and orders and thereby exercised no decisive activity.

The suggestion to set up a Jewish-Bolshevist skull collection did not originate with Sievers but with Dr. Hirt. The order for this was issued by Himmler, who also ordered that Hirt should be granted all possible assistance.

Himmler requested information about the anthropological experiments of Dr. Hirt from Sievers and ordered the presentation of a report from Dr. Hirt. Thereafter, Sievers submitted, on 9 February 1942, the report requested again by Dr. Brandt on 29 December 1941.

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After his meeting with Hirt in May 1941 and his brief report to Himmler, Sievers obviously did not concern himself further with the entire matter, until Himmler, in his letter dated 29 December 1941, requested a detailed report from Hirt through Dr. Brandt. This can be seen from the reference memorandum of Sievers dated 9 February 1942 in his letter of 9 February 1942 to R. Brandt (_NO-085, Pros. Ex. 175_) and was also stated by Sievers on direct examination. (_Tr. p. 5704._) At that time, Himmler imparted the information which Sievers passed on to Hirt in his letter of 3 January 1942. In this letter, the question of a Jewish-Bolshevist skull collection was never mentioned but simply the matter of anthropological experiments. It is generally known that the carrying out of anthropological experiments forms a part of the chief duties of every anatomical institute, and also that such experiments are conducted on designated groups of persons, and that persons who have been executed are turned over to anatomical institutes for research purposes. Upon the request of Hirt for assistance in his anthropological experiments, Himmler immediately made a corresponding offer; as the competent chief of the German police, he was in a position to do so. And Sievers, at that time, need not have assumed, by any stretch of the imagination that the experimental subjects were to be killed for this purpose. On the basis of the general practice, he could perhaps more easily assume that only the corpses of those legally condemned to death and legally executed would be considered for the experiments of Hirt. Today we know that it was compatible with his criminal mentality insofar as human experiments and the like were concerned. At that time, the latter part of 1941, no one who, like Sievers, had not up to this time come in contact with experiments on human beings could have suspected in advance that in this case it would be a question of criminal acts.

In addition, there was no provision made at all at this time for Hirt’s working in connection with the Ahnenerbe. In his letter of 3 January 1942 to Hirt, Sievers writes:

“In order to effect your transfer to the Ahnenerbe, that is, to the Personal Staff of the Reich Leader SS, I would like some information from you.”

Naturally, Himmler wanted Hirt to be as close to him as possible, but in reference to the transfer Sievers adds: “* * * that is, to the Personal Staff of the Reich Leader SS”, for neither Sievers nor Hirt assumed that Hirt would receive the support of Himmler through the Institute for Humanistic Studies of the Ahnenerbe of all things. This was also testified to by Sievers on direct examination. (_Tr. pp. 5715 6._)

Not until later did Hirt’s connection with the Ahnenerbe develop as a result of the personal and extraordinary urging of Himmler, as can be proved by the two letters, dated 27 February 1942 (_NO-090, Pros. Ex. 176_), and 25 March 1942 (_Sievers 33, Sievers Ex. 49_). On the basis of these letters and the efforts of Himmler, Sievers then lodged a protest with Himmler at Easter, 1942—5 April—as he set forth in detail on direct examination. (_Tr. pp. 5714-15._)

As a matter of fact, Hirt did not become a member of the Ahnenerbe until the fall of 1942, as can be seen from the prosecution rebuttal Document NO-3819, Prosecution Exhibit 550.

The rebuttal documents submitted by the prosecution in this matter do not, therefore, refute the testimony of Sievers on his direct examination, but _confirm them_, which is also shown by the affidavits of Frau Dr. Schmitz (_Sievers 45, Sievers Ex. 46_; _Sievers 55, Sievers Ex. 51_), and is shown in a further summary in the affidavit of Sievers. (_Sievers 64, Sievers Ex. 59._)

Letter of the Chief of the Security Police (SIPO) and of the Security Service (SD) dated 9 November 1941, regarding the transportation of the Soviet-Russian prisoners of war, who were to be executed, to the concentration camps (_1234-PS, Pros. Ex. 555_):

It can be seen from this document that Soviet-Russian prisoners of war who were to be executed were taken to the concentration camps. Although the Commissar Order was not known to Sievers in detail, it follows from the context of the Easter conference of 1942, which Sievers had with Himmler, that Soviet-Russian Commissars were affected by this order. At that time, it was generally known in the German Wehrmacht and also among the German civilian population that there were female commissars in the Soviet-Russian Army who evidenced an unusual degree of fanaticism. It was also known that strong gangs of insurgents were being formed behind the German front line, who were conducting a ruthless and brutal war against members of the German Wehrmacht of both sexes contrary to all the rules of international law. In the ranks of these gangs there were many riflewomen who, in complete accordance with the provisions of international law, were condemned to death. In this respect, it must be stated that all or the great majority of the Soviet-Russian Commissars did not commit crimes against international law. However, there can be no doubt that within their great numbers, a certain number could have also been found who could have committed such crimes. Since the number of skeletons requested by Hirt was small, Sievers could assume that only such criminals could be considered for the collection.

Therefore, it cannot be argued that Sievers must in any case have assumed from the letter dictated by Dr. Beger to the Reich Security Main Office, dated 21 June 1943, that the persons who had been chosen by Dr. Beger in the concentration camp at Auschwitz were to be liquidated without trial or without any legal basis. It was not the duty of Sievers to check this matter. Here we must examine only whether Sievers in any case is bound to have recognized that the proceedings were illegal or whether he could rely on the fact that there existed a legal basis for the liquidation ordered by Himmler. Considering the war conditions in the East, Sievers could assume the latter fact without further ado.

These statements are only made in case it should be assumed that Sievers had the obligation to examine this independently. We think, however, that someone who was only engaged in a subordinate position was entitled to rely on the legality of the decisions of his superior.

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