“In order to correct the abuses resulting from the decree for protective custody, the Reich Minister of the Interior, in his directives of 12 April 1934 to the Land governments and Reichsstatthalter anent the promulgation and execution of decrees for protective custody, has determined that protective custody may be ordered only: (a) for the protection of the arrested person; (b) if the arrested person by his behavior, and especially by activities directed against the State, has directly endangered public security and order. Therefore, protective custody is not permissible when the above-mentioned cases do not apply, especially (a) for persons who merely exercise their public and civil rights; (b) for lawyers for representing the interests of their clients; (c) in the case of personal matters, as for instance, insults; (d) because of economic measures (questions of salary, dismissal of employees, and similar cases).
“Furthermore, protective custody is not permissible as a countermeasure for punishable actions, for the courts are competent to deal with those cases.”
THE PRESIDENT: What is the date of that?
DR. PANNENBECKER: It is a document which the Prosecution has submitted as 779-PS and which was taken from the files of the ministry. There is no date on the document but it must have been in the spring of 1934, as can be seen from the first sentence of the document. The Völkischer Beobachter mentions the same decree in its issue of 14 April 1934. I have included that as Number 32 in the document book; it will be Exhibit Frick-7 (Document Number Frick-7).
THE PRESIDENT: Dr. Pannenbecker, are you offering that as an exhibit or has it already been put in evidence?
DR. PANNENBECKER: No, it has not, as yet, been submitted. I offer it as Exhibit Number Frick-7.
THE PRESIDENT: I am told the date is April 12.
DR. PANNENBECKER: In the spring of 1934, yes, shortly after.
THE PRESIDENT: 12th of April, 1934.
DR. PANNENBECKER: Yes.