DR. PANNENBECKER: I would like to add that the Defendant Frick since August 1943 was not Minister of the Interior, and for that reason this document cannot be used against him.

THE PRESIDENT: And it does not give the date of the death of these people. At any rate, until Dr. Kempner produces something to show that this was a nursing home and in a time during which the Defendant Frick was Minister of the Interior, the Tribunal will not treat it as being evidence which implicates Frick.

DR. KEMPNER: I quoted this killing in Hadamar for two reasons: First, because the Ministry of the Interior has become acquainted, as I said before, with the letter of the Bishop of Limburg, in 1941, when Frick was Minister of the Interior and knew about these facts; and I quoted the military decision for this reason, that these killings were still going on in 1944 and 1945 under a law of which the Defendant Frick was the co-author.

The final phase of Frick’s responsibility arises under his position as Reich Protector of Bohemia and Moravia for the period from 20 August 1943 until the end of the war. I have not to prove his function but I shall mention one example, and I offer in evidence Document Number 3589-PS, Exhibit Number USA-720, which is a supplement to an official Czechoslovak report on German crimes against Czechoslovakia. I would like to quote only the following brief passage from this report:

“During the tenure of office of Defendant Wilhelm Frick as Reich Protector of Bohemia and Moravia from August 1943 until the liberation of Czechoslovakia in 1945 many thousands of Czechoslovak Jews were transported from the Terezin ghetto in Czechoslovakia to the concentration camp at Oswieczim (Auschwitz) in Poland and were there killed in the gas chambers.”

Brought from the territory over which Frick was Protector to the gas chamber.

Thus, we submit, it has been shown that the Defendant Frick was a key conspirator from 1923 until the Allied armies crushed the resistance of the Nazi Armed Forces. Frick’s guilt rests on his own record and on the record of his co-defendants, for whom he is co-responsible under our Charter.

I would like to express my appreciation for the assistance rendered in connection with the preparation of this case by my colleagues Mr. Karl Lachmann, Lieutenant Frederick Felton, and Captain Seymour Krieger.

[The Tribunal adjourned until 17 January 1946 at 1000 hours.]