MILITARY TRIB U:NALS
CASE No.3
THE UNITED STATES OF AMERICA
- against-~
JOS-=F ALTST~TTER, WilHELM VON AMMON, PAUl.. BARNICKEL, HERMANN CUHORST, KARL ENGERT,' GUt.ITf:lER JOEL, ~~ERBER1' KLEMM, ERIitST LAUTZ, WOLFGAMG METTGl:NBERG, GUNTHER N.EBELUNG,· RUDOLF' OESCHEY, ·HANS PETERSEN, OSWALD
.. ROTHAUG, ,CURT ROTHENBERGER, FRANZ SCHLE· GELBER-GER, and C'(RL WESTPHAL,
De·fendanfs'.
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INDICTMENT
The United States. of America, by the und;rsigned Telford Taylor, Chief of Counsel for . War Crimes, duly appointed to represent said Government in the prosecution of war criminals, charges that the defend- ants herein participated in a Common Design or Con~piracy to commit and did commit War Crimes and Crimes against Humanity, as defined' in Control Council Law No. 10, duly enacted by the Allied Control Council on 20'December 1945. Tnese crimes included murders, bru- talities, cruelties, tortures, atrocities, plunder of private property, and other .inhuman~ acts, as set forth in Counts O'ne, Two, and Three of this
'. Indictment. Certain defendants are further charged with membership in Criminal Organ'izations, as set forth in Count Four. of this Indictment. - .
. The persons accused as guilty of these crimes and accordingly named . as ,defend~nts in this c~use are:
JOSEF ALTSTOTTER - Chief (Ministerialdirektor) of the Civil Law and Procedure Division (Abteilung VI) of the Reich Ministry of Justice: and' Oberfuehrer in the SS.
WILHELM VON AMMON - Ministerial Counsellor (Ministerialrat) of the Criminal Legislation and Administration Divislon (Abteilung IV) of the Reich Ministry of Justice and coordinator of proceedings against foreigners for offenses agfainst Reich occupational forces abroad.
PAUL BARNICKEL - Senior Public Prosecutor (Reichsanwalt) of the People's Court' (Volksgerichtshof): Sturmfuehrer in.the SA.
HERMANN CUHORST· - Chief Justice (Senatsprasident) of the Spes;ial Court (Sondergericht) in Stuttgart: Chief Justice of the First CrimI- nal Senate of the~District Court (Landgericht) in Stuttgart: member of the
Leadership Corps of the Nazi Party at Gau executive level: sponsoring member (Foerderndes Mitglied) of the S5.
KARL ENGERT - Chief (Ministerialdirektor) of the Penal Adminis- tration Division (Abteilung V) and of the secret Prison Inmate Transfer .' Division (Abteilung XV) of the Reich Ministry of Justice: Oberfuehrer in the SS: Vice President of the People's Court (Volksgerichtshof): Orts-
. gruppenleiter in the NSDAP Leadership Corps. '
~ GUENTHER JOEL - Legal Adviser (Referent) to the Reich'Minister of Justice concerning criminal prosecutions: Chief Public ,-Rrosecutor
o f W e s t p h a l i a a t H a m m : O b e r s t u r m b a n n f u e h r e r . · ~n the 55: Untersturmbannfuehrer in the SD.
3
~GeQeralstaatsanwalt)
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HERBERT KLEMM - Stafe Secretary (Staatssekretaer) of the Reich Ministry of Justice; Director (Ministerialdirektor) of the Legal Education and Training Division (Abteilung II) in fhe Ministry of Justice; geputy Director cif the ,!)Iational Socialist Lawyers League (NS Rechtswahrerhund); Obergruppenfuehrer in the SA. . ,
ERNST LAUTZ - Chief Public 'Prosecutor (Oberreichsanwalt) of the J People's Courf~
WOLFGANG METTGENBERG - Representative of the Chief (Mini- steriald,irigent) oCthe Criminal Legislation and Administration Division (Ahteilung'IV) of the Reich Ministry of Justice, particularly supervi~ing criminal offenses·, against German occupational forces in occupied ter-
-nt9ries . '
GUENTHER NEBELlJNG .,- Chief Jusfice of the Fourth Se~ate of" the People's Court; Sturmfuehrer in the 'SA; Ortsgruppenleiter inlhe'
,NSDAP Leadership Corps.
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OSWALD RGTHAUG - Senior Public Prosecutor (Reichsanwalt) of the',People's C;ourt; ,formerly Chief Justice of the Special Court in Nurn- berg; member of the Leadership Corps olthe Nazi Party at Gau executive level. '
CURT ROTHENPERGER - State Secretary (Staatssekretaer) of the Reich Ministry of Justice; deputy president of the Academy of Gel;man Law (Akademie des Deutschen Rechts); Gaufuehrer of the National Socialist Lawyers League.
FRANZ SCHLEGELBERGER - State Secretary; Acting'Reich Minister of Justice. . .
CARL WESTPHAL - Ministerial Counsellor (Ministeriairat) of the
Criminal Legislation and Administration Division (Abteilung IV) of the
Reich Ministry of JlIstice, and officially responsible for questions of
criminal procedure ,and;penal execution wi/hin the Reich; Ministry
coordinator. for nullity pleas against adjudicated sentences. .~
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RUDOLF OESCHEY - Judge (Landgerichtsrat) of .the Special COlIrt in Nurnberg ane;! succ~ssor to the defen1dQnt Rothaug as Chief Justice (LandgeriChtsdirektor) of the same court; member of the Leadership'
Corps of the Nazi Party at Gall executive level (Gauhauptstellenl~iter); , an executive (Kommissarischer Leiter) of the NCilional Socialist Lawyers
League.
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Lay Judge of the First Senate of the People's
t h e
HANS PETERSEN -
C o u r t i L a y J u d g e o f
People's Court; Lieutenant General (Ol5ergruppenfuehrer) in the S~.
Sp~cial' S e n a t e ( B e s o n d e r e r S e n a t ) o f t h e
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COU'NT ONE
.THE COMM0'1'01 DESIGNAND CONSPIRAeY
, 1. Befween January 1933 ans April 1945 all of the defendants herein, a!=ting-pursuant to a common design, unlawfully, wilfully, and knowingly- did conspire and agree togefher and with each other and with div!ilrs,
. other persons, to commit War Crimes and Crimes against Humanity, ,as defined in Control Council Law No. 10, Article II. -
2. Throughout -the period covered by this Indidment all of the de- f e r i d a n f s h e r e i n , a c t i n g i n c o n c e r t w i t h e a c h o t h e r a n d w i t h othe~s,
urilawfully, wilfully, and knowingly were principals in, accessor'ies to, ordered, abetted, took a consenting part in, and were conneded with .plans' and enterprises involving, the commission of War Crimes and
Crimes against Humanity. .
3. All of the defendants herein, ading in' concert with each other and with others, unlawfully, wilfully, and kn'owingly participated" as leaders, organizers, instigators, and accomplices in the formulafion and execufion of the said common design, conspiracy, plans, and enterprises to commit, and which involved the commission of, War Crimes 'and Gimes against Humanity, and accordingly are individually responsible
,.for .their .own acts and for all acts performed by any· person or persons,
in.exefution of the said common design, con~piracy, plans, and ~nt~r pYlSes. -
4.The said common design, conspiracy; plans, and enterprises embraced the commission·of War Crimes and Crimes against Humanity, as set forth in Counts +WO and Three of this Indictment, in that the de;fendants unlawfully, Wilfully, and knowingly encouraged, aided, abet- ted, and participated in the commission of atrocities and offenses against persons and property, inciuding plunder'of private propert)', murder, exterinination, enslavement, deportation, unlawful imprisonment, torture,
.. persecutions on political, racial, and religious grounds, and ill-treafm~nt ' -of, and other inhumane ads against thousands of persons, inciuding
German civilians, nationals of other countries, and prisoners of war.
. ' 5. It was a part of the said common design, conspiracy, plans, an'd ~nterprises toenac!, issue, enforce, and give effed to certain purported statutes,. decrees, and orde'rs, which were criminal both .in inception and execution, and, to work with the Gestapo, 55, 50, 5IPO, and R5HA
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;. for criminal purposes, in the course of which the defendants, by distor~ _ tion-and .denial of judicial and penal process, committed the murders, , ,"brutalities, cruelties, tortures, atrocities, and other inhumane acts,' more
fully de scribed in Counts Two and Three of this Indictment. '
6.The said common design, conspiracy, plans, and 'enterprises embraced the 'assumption by the 'Reich Ministry ~f Justic:e of total control of the Admiriistrcttion of Justice" including preparation of legislation concerning -<Jill branches of law, and control of the courts and prisons.
,The supreme administration of justice in all German states was trans- , ferred fo the- Reich Ministry of Justice in 1934. Thereupon, certain extra- ondinary courts of a predominantly political nature, ,with wide and ar- bitrary criminal jurisdiction, were superimposed upon the existing or- 'dinary court system. The People~s Court (Volksgerichfshof) became the courl of orig:inal and final jurisdiction i'n cases of "high ,treason" and "treason". This Court itself had jurisdiction over the investigafion and prosecution of all cases before it, anld there was no appeal from ,its
'decision._The Court's territorial jurisdiction was extended not only to all annexed countries of the Reich but also to the "Protectorate" (Bohemia and Moravia) ,in 1939. Beginning in 1933, Special Courts
.(Sonderg,erichte) also were, superimposed upon the ordinary court system under the Reich Ministry of Justice. These Special Courts were of, a , character which had been outlawed until the NSDAP seizure of power. Jurisdiction of these Special Courts extended fo all "political" cases, as well as to an acts deemed ini;;'ical to either the Party, the Government,
or continued prosecution of the war. At least one Special Court was attached to every Court of Appeal (Oberlandesgericht); Public Pros- ecutors could arbitrarily refer thereto any case from the local courts (Amtsgerichte) or from the criminal division of the district couds (Land~
·gerichte). Despite guaranties in the Weimar Constitution and the German Judica.ture Act, that no one may be deprived of his competent judge, and prohib~tions against irregular tribunals, these courts were imposed upon Germany, as well as upon the "Protectorate" and the..., occupied countries. '
7.The said common design, conspiracy, plans, ana enterprises embraced the use of the judicial process as 6 powerful weapon for the persecution and extermination of all,.opponents of the Nazi regime regardless of nationality and for the persecution and extermination of "races", The special political tribunals mentioned above visifed cruel punish~ent ~nd death upon political opponents and members 6f certain "racial" and national groups. The People's Court was presided over by a minority of trusted Nazi Jawyers, and a majority of equally trusted laymen appointed by Hitler from the Elite Guard and Party hierarchy, The-,'People's' Co"Jrt in collab9r~tion with th~ Gestapo became 1I terror
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court, notorious for the severity of punishment,_secrecy of proceedings, and denial to the accused 'of all' semblance of judicial process. 'P U I)- ishment was meted out by Special Courts fo victims under- a law which condemned all who offended the "healthy sentiment of Ihe people". Indepen-dence of the judiciary was destroyed. Judges were removed. from the bench for political and "raci~,,-.reasdns. Periodic "Ietfers"were sent by the Ministry of Justice to all Reich judges and public prosecutors, instructing them as fo the results they" must accomplish. Both the bench and bar were continually spied upon by the Gestapo and SD, and were directed to keep disposition of their cases politically acceptable. Judges, prosecutors and, in many cases, defense counsel were reduced in effect to an administrative arm of the Nazi PartY.
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COUNT TWO WAR CRIMES
_ 8. Betwe;;; September 1939 and April 1945 all 01 the defendants herein unlawfully, wilfully, and knowingly committed War Crimes, as defiried by Control Council Law No. 10, il'l that they were principals in, accessories to,ord~red, abetted, took a consenting part in, and were c o n n e c t e d w i t h p l a n s a n d e n l e r p r i s e s i n v o l v i n g t h e commi~sion o f atrocities and offenses against persons and property, includlng, but not limited to, plunder 61 'privale property, murder, torture, and illegal imprisonmel]t of, and brutalities, atrocities, and other inhumane acts
a g a i n s t t n o u s a n d s o f p e r s o n s . T h e s e crimes,,:~included, b u t w e r e n o t lim!ted to, the facts set out. in Paragraphs,9 to y7, inclusive, of this Indict- ment, and were committed against civilians of occupied territories and members of the Armed Forces qf n-aiions then at war with the German, Reich and who were in the custody of. the German Reich in the exercise of belligerent control.
. 9. Extraordinary irregular 'courts, ~uperimposed upon the'regular couri sy-stem, were used by all of the defendants for the purpose of and in fact creating a reign of terror to suppress political opposition .to the Nazi regime. This was accomplished principally through the,People's Court (Volksgerichtshof) and various Special Courts (SondSrgerichte), which subjected civilians of the occupied countries to criminal abuse of judicial and penalprocess including repeated trials on the same charges; criminal abuse, of discretion,_ unwarranted imposition of the death penalty, pre-arrangement 'of sentences between judges and prosecutors,
discriminatory trial processes, and other criminal. practices, all of which resulted in murders, brutalities, cruelties, torlures,<ltrocities, plunder of private property, and other inhumane acts.
10. Special Courts subjected Jews of all nationalities, Poles, Ukranians, - Russian~, and other nationals ,01 the occupied Eastern territories, indis- criminately classed as "Gypsies", to I discriminatory and spe<;ial penal laws and trials, and denied the.rn all semblance of judicial process. These persons who had been arbitrarily designated "asocial" by conspiracy and agreemenf between the Ministry of Justice and the SS .were turned over by the Ministry of Justice, both, during and after service of prison
sentence~;'to the SS to be worked to death. Many such persons were given a summary travesty of Irialbefore extraordinary courts, and, aller sefving the, sentences imposed upon them, we~e turned over to the Gestapo for "ptotective custody" in concentration camps. Jews c;Hs-
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charged from prison were lurned over 10 the Gestapo for finaldefention . in Auschwitz, Lublin, and other concentration camps. The above- described proceedings resulted in the murder, torture, and iII-t~eatment of thousan1ds of such_-persons. The defendants von -Ammon, Engert, Klemm, Schlegelberger, Mettgenberg, Rothenberger, and Westpbal are charged with_ speciql respons~i1iteor and participaIion in these crimes.
- 11;-The German criminal laws, through a series of expansions and. perversions by Ihe Ministry of Justice, finally embraced passive defeatism, petty misdemeanors and trivial private utterances as treasonaqle for the purpose of exterminating Jews or other nalionals of the occupied coun- tries. Indi<:;tments, trials and <:onvicfions were transparent devices for a system of murderous extermination and death became the routine
~ penalty. JlTrisdiction of the German criminal cOlde was extended 10. the entire world,-to cover acts of non-Germans as well as Germans living Qulside the Reich. Non-German nationals were convicted of and executed for "high treason" allegedly commited against tbe Reich. The above-
-d~scribed pr~ceedings r-esulted in the m~rder, torture, unlawful impris- .onment, and n1~lreatmenl oJ thousands of persons. The defendants Bar-
niOtal, Cuh9Yst, Klemm, Laulz, Met'Igenberg, Nebelung, Oeschey, Peter- -
sen, Rolhaug, Rolhenberger, Schlegelberger, and Westphal are charged
wltb special responsibilify for and participation in these crimes. / -"-
--12.The'Justice Ministry aide,d and implemenled Ihe unlawful annexa- tion and occupation of Czechoslovakia, Poland, and Fran'ce. Special Courts were created· to facilitate the extermination of Poles and Jews' ~nd the suppression of political opposition generally by the employment of~'u~mary ptpcedures and the enforcemenl of Draconic penal laws. SeilteJ1c.~s:were limited to dealh or transfer to IheSS for extermiRation.
'tii~,c~*ple'sCourt andSpecia! Courts were projected into thesecoun- tri~s!,'irre9ular prejudicial regulations' and procedures were invoked with-- 911f nofice (even in violation of the Reich Criminal Code as unlawfully
_e~fendedfQ_ other occuPJed territories), sentences were pre-arr-anged, and trial and execution followed service afthe indictment within a' few hours. The above-describect' proceedings resulted in Ihe murqer, iII-
;treidm~nt, and unlawful imprisonment of thousands of persons.' The
defendants Klemm, Lautz, Meftgenber9, Schlegelberger, and Westphal
at~' charged with special responsibilily' for and participation in Ihese crimes.
,,;'13. Th~ Ministry of Justice participaled with Ihe OKW and Ihe-C3-e- stapo, in the execution of Hiller's Idecree of "night and fog" (Nacht und Nebel) whereby civilians of occupied territories who had been accused
-of crimes of resistance against occupyiilg forces were spirit.ed away for -, se~ret ~rial by. certain Special ~Courts ,of the Justice Minislry within the" Re,~, mine cQurse of which Ihe victims' whereabouts, trial, and sub:' .
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sequent disposition were kept completely secret, thus serving the dual purpose of terrorizing the victims' relatives,and associates and barring recourse to any evidence, witnesses, or counsel for defense. The accused was not informed of the disposition' of his'--case, and in almost every instance those who were acquitted or who had served, their sentences were handed over by the Justice Ministry to the Gestapo --for "pro- tec,ive custody" for the duration of the war. In the course of the above-, described proceedings, thousands of persons were murdered, tortured, ill-treated a n d illegally imprisoned. The defendants Alfstoetfer, von Ammon, Engert, Joel, Klemm, Mettgenberg, and Schlegelberger are
charged with special responsibility for and participation in these crimes.
14. Hundreds of non-German nationals, imprisoned in penal institu- tions operated by the Reich Ministry of Justice were unlawfully executed and murdered. Death sentences were executed in the absence of the nece'ssary official orders,'and while clemency pleas were pending. Many who were not sentenced to death were executed. In the face of Allied military advances so-called '''inferior'' or "asocial" prjson inmates were; by Ministry order, execu~9d regardless of sentences under which fhey served. In' many instances these penal institutions w~re operated in a
,manner indistinguishable from concentration camps. The defendants Engert, Joel, Klemm, lautz, Meftgenberg, Rothenberger and Westphal are charged with special responsibility for and participation in these crimes.
f S. The Ministry of Justice participated in the Nazi program of racial purify persuant to which sterilization and castration laws were perverted fo/' the extermination of Jews, "asocials", and certain nationals of the
_ occupied territories. In the course of the' program thousands of Jews were sterilized. Insane, aged,and sick nationals of occupied territories, ,the so-called "useless eaters", were systematically murdered. In the course of the above described proceedings thousands of persons were murdered and ill-treated. The defend~nts lautz, Schlegelberger, and Wesfphal are charged wifh special responsibility for and participation
in these crimes. '
16. The Ministry of Justice grl!.nted immunity to and amnesty followlng pr'~cocutions and convictions of Nazi Party members for major crimes commifted against civilians' of occupied territories. ,Pardons were granted fo members of the Party who nad been sentenced for proved
offenses. On the other hand, discriminatory measures against Jews, Poles, "Gypsies", and other designated "asocials" resulted in harsh ,penal measures and death sentences, deprivation of rights to file private suits and rights of appeal, denial of right to receive amnesty and to file clemency pleas, denial of right i>f counsel, imposl~ion of special criminal laws permitting the death penalty for all crimes and misdemeanors lind,
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finally, in the transfer to the Gestapo for "special treatment" oj- all cases in which Jews were involved. The defendants von Ammon, Joel, Klemm, Rothenberger, and Schlegelberger are charged with special responsibility for and participation in these crimes.
, 17. By decrees signed by the Rei1ch Minister of Justice and others,' lhe citizen~hip of all Jews in Bohemia and Moravia was forfeited uppn their change of residence .by deportation or otherwise; and upon their loss of citizenship their properties were automatically confiscated by the Reich. There were discriminatory changes in the family and inher- itance laws by which' Jewish property was forfeited at deafh to fhe Reich with no compensation to the Jewish heirs. The defendants AltstoeHer
. l1ndSchlegelberger are charged with special responsibility for and par- ticipation in these crimes. .
18.The Ministry of Justice through suspension and quashing of ' criminal process, participated in Hitler's program of inciting the German civilian population to murder Allied, airmen forced down within Jhe Reich. The defendants Klemm and Lautz are charged with special respon- sibility for and participati~n in these crimes. '
-19. The sa,id War Crimes conslitute violations of international con.. venfions, particularly of Articles 4, 5, 6, 7, 23, 43, 45, 46, and 50 of the Hague Regulations, 1907, and of Articles 2, 3, and 4 of the Prisoner-
of-War Convention (Geneva, 1929), the laws and customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laWs of the, countries in which
such crimes were committed, and .of Article " of Control Council Law No.to. ,. .
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COUNT THREE - CRIMES AGAINST HUMANITY
~ 20. Between September 1939 and April 1945 all of the defen,clants ,herein unlawfully, wilfully, and knowingly' committed Crim~s against Humanity as defined by Control. Council Law No. 10, in that they "Yere principals in, accessories to, ordered, abetted, look a consenting pari in, and were connecled with plans and enterprises involving the com- mission of, atrocities and offenses, including but not limited to murder; extermination, enslavement, deportation, iilegal imprisonment, torture, pers.ecu-fion on political, racial'and religious grounds, and ill-treatment of, and other inhumane acls against German civilians ans:L I)alionals of
oq:upied countries.
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21. Extraordinary irregular courls were used by all Qf the defel)dants in creating a reign of terror to suppress political oppo~ion '0th_e Ger- m;an Reich, in the course of which German civilians and nationals of
. occupied countries were subjecled to criminal abuses' of judiciaL and penal process, resulting in murders, brutaliti.es, cruelties, tortures, atro- cifies, p1under of private property, and other inhuma'ne acts. These crimes are further parficularized in Paragraph 9 of this Indiclment, which isincorporate~ herein by reference.
22. Special Couris subjected certain <?erman civilians, and nationals of occupie<;:l countries to discriminatory and special penal laws and trials, and denied them all semblance of judicial process. Convicled German civilians and nationals of other countries who were deemed to be political prisoners and criminals designated as "asocial", were turned· over t6 the Reich Security Main Office (RSH.A) for e'Jdermination in con- centration camps. These crimes are. furlher particularized-in Paragraph 10 of this Indicfment, which is incorporated herein by reference. The defend- ants von Ammon, Engert, Joel, Klemm, Lautz, Meftgenberg, and Rothen- berger are charged with special responsibility for ahd parficipatio~ in these crimes.
23. The German cy,jminal laws, through a series of addilions, e;<pan- sioris, and perversions by the defendants became a powerful weapon for the subjugation of the German people and for the extermination of certain nationals of the ,occupied cOlmlries._ This program resulfe1d in
-'the murder, torfure, illegal imprison,ment, and ill.Jreatment of thousands of'Germans and nationals of occupied countries. 't:hese crimes aie . JUrfher particularized in Paragraph 11 of this Indiclment, which is incor-
, porated herein by reference. The defendants 'Barnickel, Cuhorst, KI~mm, Laulz, -Mettgenberg, Nebelung, Oeschey, Pelers~n, ~othaug, Rothen-
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berger, Sch/ege/herger, and Weslphai a~echarged with special respori• .sibility for and participation in these c~imes.
24. The Ministry of Justice, through the, People's Court and certain Special Courts, aided and implemented th~ unlav.rful annex.ation-and occupation of Czechoslovakia, Poland and France. These crimes are., further I?arti~ularized in Paragraph 12 of this Indictment, whkh)s incor- porated herein by reference. The defendants Klemm; Lautz, Meflgen- berg, Schlegelberger,; and Westphal are charged with special respon- sibility for and participation in Ihese crimes.
25. The- Ministry of Justice participated in the decree of "Night and Fog" (Nacht und Nebel) whereby certain persons who committed offens'es agains.t the Reich or the German forces in occupied territories were taken secretly by the Gestapo to Germany and handed over to the Sp~cial Courts for trial and punishment. This program resulted in the murder, torture, iltegal imprisonment, and ill-treatment of thousands of persons. These .crimes are furtlier particularized in Paragraph 13 of this Indictment, wli1~h is incorporated herein by reference. The defend- ank Altstoetler, von Ammon, Engert, Joel, Klemm, Mettgenberg, and Schlegelberger are charged with special responsibility for and participa- tion in these crimes.
26. In penal institutions operated by the Reich Ministry of Juslice, hundreds of German ci~lians and nationals of other countries were subjected to murders, brutalities, cruelfies, tortures, atrocities, and other
'il1humane aels. The partkulars concerning_these crimes are set forth in
Paragraph ,14 of fhis Indictlr~nt.
, Lautz,' Meffgenberg, Rothenberger, and> Westphal_ are charged with
spetial responsibility for an,d partic.ipation in these crimes.
27. Special Health Courts (Erbgesundheitgerichte) perverted eugenic' anq sterilization laws or policies regarding German I civilians I and na- tionals, of other countries which resulted in the systematk murder and ill-treatment of thousands of persons. Thousands of German civilians
and nationals of oth'er countries committed to instiiutions for the insane,' were systematically murdered. These crimes are further particularized in Paragraph 15 of Count Two of this Indictment, which ,is incor'porat~d herein by reference. The defendants Lautz, Schlegelberger, and West- phal are charged with special resp~risibility for and participation' in these crimes.
,
28. The Ministry of Jusfice granted immunity ,to and amnesty follow-' , ing prosecutions and convictiC1ns of Party memoers' for- major crimes" committed'against civilians of occupied territories. Pardons were granted to members of Ihe Party' who had been sentenced 'for proved offenses. On the other hand, discriminatory judicial proc;eedings were imposed
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The defendants Engert, Joel, Klemm,
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agai~sf so;.calJed "asocial" German nationals and civiJian~ of the oc- cupied countries. These crimes are further particularized in Paragraph 16 of Count Two of this Indictment and are ihcorpora,ted herein by re(- erence. The defendants von Aml)1on, Joel, Klemm, Mettgen,berg, Rothen- berger, and Schlegelberger are charged with special·responsibility for and parficipationin these crimes.
29. Discriminatory changes made in -the German family and inher- itance laws for the sole purpose of confiscating Jewish properties; were enforced by the Justice Ministry.' ~II Jewish properties were forfeited at death to the Reich. Jews. and Poles, both in Germany and, in the occupied countries, were deprived of their citizenship, their property was. seized and confiscated, and they were deprivea of mean's of earning a livelihood, by the State, by Party organizations, and by individual members of the Party. These crimes are further· particularized in Par- agraph 17 of this Indictment, which is incorporated herein by reference.
'The defendants AItstoetter and Schlegelberger are charged with special responsibility for and participation in these crimes.
30. The Ministry of Justice through suspension ,and quashing of crim- inal process, participated in Hitler's program of inciting the German civilian population to murder Allied airmen forced down within the Reich; This program resulted in the mu~der, torture, and ill-treatment of many persons. These crimes are further particularb:ed in Paragraph 18 oi this Indictm.ent, which is incorporated herein by reference. The de- fendants Klemm and Lautz are charged with special responsibility for and participation in these crimes.
31. The said Crimes against Humanity constitute violations of inter- national. conventions, including Article 46 of- the Hague Regulations, 1907, the la,ws and customs of war, the general principles of criminal
. ·Iaw as derived ·from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were co~mitted, and of Article Qof Control Council Law No. 10.
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