In direct contrast to the severity of the criminal law as it affected the general population of Germany, the Nazi conspirators adopted and endorsed a large body of unwritten laws exempting the police from criminal liability for illegal acts done under higher authority. This principle was described by Dr. Werner Best, outstanding Nazi lawyer, in the following terms:
“The police never act in a lawless or illegal manner as long as they act according to the rules laid down by their superiors up to the highest governing body. According to its nature, the police must only deal with what the Government wants to know is being dealt with. What the Government wants to know is being dealt with by the police is the essence of the police law and is that which guides and restricts the actions of the police. As long as the police carry out the will of the Government, it is acting legally.” (1852-PS)
C. The Nazi conspirators created a vast system of espionage into the daily lives of all parts of the population.
(1) They destroyed the privacy of postal, telegraphic, and telephonic communications. They enacted a law in February of 1933 providing that violations of privacy of postal, telegraphic, and telephonic communications were permissible beyond legal limitations. (1390-PS)
Dr. Hans Anschuetz, the present District Court Director (Landgerichtsdirektor) at Heidelberg, Germany, recently stated:
“Subsequently, the system of spying upon and supervising the political opinions of each citizen which permeated the entire people and private life of Germany, was, of course, also extended to judges.” (2967-PS)
(2) They used the Secret State Police (Gestapo) and the Security Service (SD) for the purpose of maintaining close surveillance over the daily activities of all people in Germany. The Gestapo had as its primary preventive activity the thorough observation of all enemies of the State, in the territory of the Reich. (1956-PS)
The SD was an intelligence organization which operated out of various regional offices. It consisted of many hundreds of professional SD members who were assisted by thousands of honorary members and informers. These people were placed in all fields of business, education, State and Party administration, and frequently performed their duties secretly in their own organization. This information service reported on the activities of the people. (2614-PS)
D. Without judicial process, the Nazi conspirators imprisoned, held in protective custody and sent to concentration camps opponents and suspected opponents.
They authorized the Gestapo to arrest and detain without recourse to any legal proceeding. Officially, this power was described as follows: