In regard to your courteous communication of 19 December 1934, I inform you respectfully that, on the basis of the decree of the Reich president relative to exercise of the right of nolle prosse of 21 March 1934 (RGBl, I, page 211) in connection with Article 2, paragraph 1 of the first law for transfer of administration of justice to the Reich of 10 February 1934 (RGB1, I, page 91) the right to nolle prosse pending criminal cases wherein the deed was committed after 20 March 1934, belongs no longer to the Reich Deputy but exclusively to the Fuehrer and Reich Chancellor. Under the circumstances I consider myself not in a position to go to the extent of proposing a nolle prosse of the case to the Fuehrer and Reich Chancellor.
TO the Reich Deputy in Saxony in Dresden A1.
Insofar as the deeds were committed before 2 March 1934 and therefore the right of nolle prosse in the case belongs to you, most honored Reich Deputy, I allow myself to express the greatest scruples against the intended nolle prosse. The nature of the mistreatments, particularly the use of the drip-apparatus, is evidence of a coarseness and brutality in the perpetrators which is completely alien to German sensibility and feeling. Such atrocities, reminders of oriental sadism, can find no explanation or excuse even in the greatest bitterness of combat. Crimes of this sort must find their lawful expiation for the very sake of the cleanness and respect of the movement. In view of experiences in other cases, of similar aspect in a certain sense, I am also unable to share the fear that execution of the legal proceedings would be detrimental to the movement. This is all the more true since the main proceedings can take place with complete exclusion of the public.
Heil Hitler!
TRANSLATION OF DOCUMENT 784-PS
Copy
The Reichminister of Justice
Z.F.g 10 1696.34
Berlin, June 5, 1935
1. A message to the deputy of the Fuehrer Reichminister Hess.
Confidential
Personal
Regarding: penal proceedings against the merchant and SA leader Lt. Colonel [Obersturmbannfuehrer] Jaehnichen and 22 companions on account of inflicting bodily injury on duty (protective custody Camp Hohenstein in Saxony).
Dear colleague!