Archive/File: people/e/eichmann.adolf/transcripts/Judgment/Judgment-051 Last-Modified: 1999/05/27 159. We know of the prevention of births from the Kovno Ghetto and from Terezin. Dr. Peretz (Session 28, Vol. I, p. 478) testified about Kovno. There the Germans published an order in July 1942 for the termination of all pregnancies except those in the eighth or ninth months. A woman whose pregnancy was not terminated in spite of the order was liable to the death penalty. With regard to Terezin, we shall quote a statement, dated 21 August 1843, sent by Dr. Munk, director of the health services in the ghetto, to the chief medical officer and all the gynaecologists there, which reads as follows: "As a consequence of the two latest notifications of births, SS Obersturmbannfuehrer Burger has announced that in future all fathers of children conceived here, and also the mothers and the children, will be included in transports and deported. We therefore request you again to report, first of all, all pregnancies known to you which have not yet been reported, since otherwise the examining gynaecologist becomes an accessory, and therefore guilty. The information to be given to the pregnant women must be in unequivocal language, saying that the abortions have to be made on official instructions." (T/863) On this subject, Rahm (who succeeded Seidl as camp commander) stated at his trial (T/864): "Until about March 1944, I knew nothing about the prohibition according to which women in the ghetto were forbidden to bear children... Then Eppstein [head of the Jewish Council] told me that he thought that - in accordance with what had been agreed between himself and Eichmann - the general prohibition in force in Germany concerning artificial abortions did not apply to Jews, and that this agreement was exploited by Eichmann, in oder to force Jewish women in the ghetto to have abortions...and when Guenther came to visit me, I asked him about it, and he confirmed to me that I did not have to see to it personally, but it was already a matter for the Jews themselves, and that the Elder of the Jews had received notification about it from Eichmann directly." It should be mentioned that this same Burger, who was mentioned in Dr. Munk's statement, was one of the Accused's men (T/37, p. 1478). In this matter of the prevention of births, our conclusion is that it has not been proved that the Accused was involved in giving the order in the Kovno Ghetto, of which Dr. Peretz spoke. In the "Brown File" on Easter Occupied Territories, in the drafting of which the Accused participated, we have also not found instructions with regard to the prevention of births amongst the Jews. But with regard to Terezin, the Accused's responsibility for the order given there for the termination of pregnancy, and for its implementation, has been proved fully. 160. The Prosecution adduced evidence with regard to a specially horrible chapter with which the Accused's name is also connected. The reference is to the collection of skeletons in the Institute of Anatomy at the University of Strasbourg. One of the pseudo-scientific institutions of the Nazi period was called "The Ancestral Heritage." Its president was Himmler and its director a man called Sievers. The task of the institution was "to investigate the area, spirit, activity and inheritance of the Indo-German group of the Nordic race" (T/1362). Under the auspices of this institution, Professor Hirt of the University of Strasbourg carried out examinations of skeletons and skulls. On 9 February 1942, Sievers submits to Brandt, who belonged to Himmler's personal staff, a memorandum proposing that examinations of this kind be also carried out on skeletons and skulls of Jews (T/1363). In a letter dated 7 July 1942, Himmler gives his approval to Hirt's research work (N/18). In order to secure Jews, alive and dead, Sievers approaches Gluecks, the official in charge of concentration camps, who refers him to the Accused. A conversation takes place between Sievers and the Accused. Sievers requests the Accused "to create suitable conditions in Auschwitz" for carrying out the examinations in accordance with Himmler's instructions, and the Accused replies that he needs to have a letter from Himmler or from his personal staff (evidence of Sievers at the trial of the doctors at Nuremberg, T/1370, p. 5776). On 2 November 1942, Sievers again approaches Brandt and supplies him with a draft for such a letter from Brandt to Section IVB4, for the attention of the Accused (T/1264). On 28 April 1943, a conversation takes place between Sievers and Guenther, and Sievers makes the following note in his diary on the content of the conversations: "Examinations are now possible in the concentration camp of Auschwitz...discussion about the procedure." (T/1367). On 21 June 1943, Sievers informs the Accused's Section that the research work in Auschwitz has been completed and that the people examined (79 Jews, 30 Jewesses, two Poles, and four other persons) are to be transferred to the Natzweiler concentration camp (T/1366). In August 1943, about eighty detainees were sent from Auschwitz to Natzweiler, and Kramer, who was then the commander of this camp, approached Professor Hirt in Strasbourg, in accordance with the instructions he had received. Hirt gave him a quantity of gas and explained to him how he was to execute these people. Kramer carried out this assignment in a matter of days and sent the bodies to Strasbourg (evidence of Kramer at the trial of the doctors, (T/1371)). Evidence was also given at Nuremberg by a witness called Henripierre (T/1369), with regard to the visit of an SS officer to Strasbourg. Henripierre also related that bodies arrived in three consignments - 30 women, 30 men, and another 26 men. It was clear that these persons had just been killed, and the witness described what was done with the bodies in the Anatomy Institute at Strasbourg. In a letter dated 5 September 1944, Sievers requests Brandt to instruct him what to do with the collection of skeletons, in view of the danger that Strasbourg might be occupied by the Allied armies (T/1368). We do not know Brandt's reply, but when the Allies conquered Strasbourg, bodies and parts of bodies were found there, and in regard to some of them it was stated "apparently Jews." (T/1372) With regard to this chapter of events, the Accused testified (Session 79, Vol. IV, pp. xxxx12-15), that he does not remember Sievers' visit, he does not deny receipt of the letter T/1365, and the conclusion is that he really has no comment to make except in relation to the documents, and the matter was not within his competence. Sievers and Kramer were accomplices in the crime of executing the victims, and their evidence requires corroboration, but there is sufficient corroboration, both in the evidence of Henripierre and also in the documents submitted. It is clear that Sievers twice visited the Accused's office - the first time shortly before 1 November 1942 (and the letters T/1364 and T/1365 are a result of this visit), and the second time on 28 April 1943, when he spoke to Guenther. Sievers' evidence that on the first occasion he spoke to the Accused himself is supported by the draft letter dated 1 November 1942 (T/1363) and by the letter dated 6 November 1942 (T/1365), and also by the fact that in a document (T/1366) a letter (not submitted to us) is mentioned which was sent from the Accused's Section on 25 September 1942. The Accused himself, or through his permanent deputy, gave instructions to the concentration camp at Auschwitz, first of all to place the detainees at the disposal of Professor Hirt in the required numbers, and then to transfer them to Natzweiler - all this, knowing for certain that the end of these detainees would be their execution (in the letter of 6.11.42, T/1365, it is specifically stated: "Subject: The Establishment of a Collection of Skeletons in the Anatomy Institute at Strasbourg"). It is correct that, in this matter, the Accused requested and received specific orders from Himmler's staff. 161. With regard to the number of victims of the Final Solution, the indictment does not mention exact totals but speaks of millions of Jews exterminated, mostly in the extermination camps, and hundreds of thousands by the Operations Units. Only in regard to limited operations were more precise figures mentioned, when the evidence, and especially the final figures mentioned in documents, made this possible. The Prosecution could not do more than this, nor was it obliged to do more, according to the definitions of the crimes with which the Accused was charged, which place emphasis on activities against a group of people as such, as distinct from the individuals who make up that group. The statistical data before us are far from being complete. Therefore, we shall not attempt to give specific figures even approximately but confine ourselves to a general finding, that the extermination of millions has been proved, and that, according to demographic calculations made by Professor Baron, in his evidence before us, on the basis of the sources mentioned in his testimony, there is no doubt that the total number of victims of the Final Solution was about six million (Session 13, Vol. I, pp. 183-185). Professor Baron also gave particulars of the destruction in various countries. Of Polish Jewry, which before the Second World War numbered some 3,300,000 souls, there was left at the end of the War a remnant of some 70,000; and this is not the only country where the Jewish community was completely wiped out. There is also confirmation of the total figure of six million from the Accused himself, and he probably knows the details better than any other person, because it was in his Section that secret statistical data were collected on the progress of the extermination programme. As will be detailed below, he once spoke of six million Jews having been killed and on another occasion about five million. The Attorney General expressed the opinion that, in referring to the lower number, the Accused had not included the victims of the Operations Units; but it is difficult for us to be definite on this point.
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