E. The Nazi conspirators created and utilized special
agencies for carrying out their system of terror.
[Page 247]
(See Chapter XV, Sections 5 and 6, on the Gestapo, SS, and
SD)
F. The Nazi conspirators permitted organizations.and
individuals to carry out this system of terror without
restraint of law.
(1) Acts of the Gestapo were not subject to review by the
courts. In 1935 the Prussian Supreme Court of Administration
held that the orders of the Gestapo were not subject to
judicial review; and that the accused person could appeal
only to the next higher authority within the State Police
itself. (2347-PS)
In 1936 a law was passed concerning The Gestapo in Prussia
which provided that orders in matters of the Gestapo were
not subject to review of the Administrative Courts. (2107-
PS)
On the same subject, the following article appeared in the
official German Lawyers Journal, 1935.
"Once again the court had to decide on the question of
whether political measures could be subjected to the
review of the ordinary courts. *******The case in
question concerned the official performance of his duty
by an official of the NSDAP. *******The principle of the
importance and the mission of the Party and its
'Sovereign Functionaries' cannot be overlooked.
Therefore, the plaintiff should have been denied the
right to be in court." (2491-PS)
(2) Where no definite law protected terroristic acts of Nazi
conspirators and their accomplices, proceedings against them
were in the first instance suppressed or thereafter their
acts were pardoned. In 1935, proceedings against an employee
of the Gestapo accused of torturing, beating, and killing of
inmates of a concentration camp were suppressed (787-PS; 788-
PS). In June 1935 twenty-three SA members and policemen
convicted of the beating and murder of inmates of the
Hohnstein concentration camp were pardoned (786-PS). The
prosecutor was forced to resign from the SA. (784-PS)
The original plaintext version of
part
one or
part
two of this file is available via
ftp.
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