EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT SIEVERS
Freezing Experiments
Before the high-altitude experiments had actually been completed, the freezing experiments were ordered to be performed by the defendant Weltz and his subordinate Rascher. This can be seen from a letter of 20 May 1942 from Milch to Karl Wolff. (343-A-PS, Pros. Ex. 62.) A short time later, Rascher had a conference with Hippke and the experimental team was changed to include Jarisch, Holzloehner, and Singer. Rascher reported these orders to Himmler on 15 June 1942, and passed on Hippke’s request to have the experiments conducted in Dachau. He stated: “It was also decided that the inspector [Hippke] would issue orders to me at all times during the experiments.” (NO-283, Pros. Ex. 82.) The research assignment was issued by the Department for Aviation Medicine (2 II B) under Anthony, with the defendant Becker-Freyseng as his deputy. (NO-286, Pros. Ex. 88.)
The cold-water freezing experiments began on 15 August 1942 and continued until the early part of 1943. They were performed by Holzloehner, Finke, and Rascher, all of whom were officers in the Medical Service of the Luftwaffe. Holzloehner and Finke collaborated with Rascher until December 1942. As Rascher said in a paper on his medical training: “By order of the Reich Leader SS and Generaloberstabsarzt Professor Dr. Hippke, I conducted ‘Experiments for the Rescue of Frozen Persons’ (started on 15 August 1942), in cooperation—for 4 months—with the Professor Dr. Holzloehner and Dr. Finke both of Kiel University.” (NO-230, Pros. Ex. 115.) Rascher also said that: “Since May 1939 till today I have been in military service with the Air Force.” The memorandum was dated 17 May 1943. It should therefore be borne in mind that during all of the high-altitude and substantially all of the freezing experiments, Rascher was on active duty with the Luftwaffe, not the SS. It was not until after May 1943 that he went on active duty with the Waffen SS. He was of course supported by both the Luftwaffe and the SS in these experiments.
The witness Neff, who was an inmate assistant in the experiments, testified that freezing experiments in the concentration camp Dachau started at the end of July or in August 1942. They were conducted by Rascher, Holzloehner, and Finke. In October, Holzloehner and Finke left and Rascher proceeded alone to conduct freezing experiments until May 1943. Rascher, Holzloehner, and Finke used ice-cold water for their freezing experiments. The experimental basin had been built 2 meters long and 2 meters high in Rascher’s experimental station, Block 5. (Tr. pp. 626-8.) The experiments were carried out in the following manner: The basin was filled with water and ice was added until the water measured 3° C. The experimental subjects, either dressed in a flying suit or naked, were placed into the ice water. Narcotics were frequently not used. It always took a certain time until so-called “freezing narcosis” made the experimental subjects unconscious, and the subjects suffered terribly. The temperature of the victims was measured rectally and through the stomach by galvanometer. They lost consciousness at a body temperature of approximately 33° C. The experiments actually progressed until the experimental persons were chilled down to 25° C. body temperature. An experiment on two Russian officers who were exposed naked to the ice-cold water in the basin was particularly brutal. These two Russians were still conscious after 2 hours. Rascher refused to administer an injection. When one of the inmates who attended the experiment tried to administer an anaesthetic to these two victims, Rascher threatened him with a pistol. Both experimental subjects died after having been exposed at least 5 hours to the terrible cold. (Tr. pp. 629-631.) Approximately 280 to 300 experimental subjects were used for this type of freezing experiment, but in reality, 360 to 400 experiments were conducted since many experimental subjects were used two or three times for experiments. Approximately 80 to 90 experimental subjects died. About 50 to 60 inmates were used in the Holzloehner-Finke-Rascher experiments and approximately 15 to 18 of them died. Political prisoners, non-German nationals, and prisoners of war were used for these experiments. Many of the inmates used had not been “condemned to death.” The subjects did not volunteer for the experiments. (Tr. pp. 627-8.)
Even though one assumes that prisoners condemned to death were used in all of the experiments, which is not true, the “defense” that they volunteered on the agreement that their sentences would be commuted to life imprisonment is invalid. During the high-altitude experiments, Himmler had directed that in further experiments where the long continued heart activity of subjects who were killed was observed, criminals condemned to death should be used and, if they were revived, they should be “pardoned” to concentration camp for life. (1971-B-PS, Pros. Ex. 51.) Rascher apparently construed this order to apply to the freezing experiments also. On 20 October 1942, Rascher advised Rudolf Brandt that until then only Poles and Russians had been used for such experiments and that only some of these persons had been condemned to death. He inquired whether Himmler’s “amnesty” applied to Russians and Poles. (1971-D-PS, Pros. Ex. 52.) Brandt told him that it did not apply. (1971-E-PS, Pros. Ex. 53.)
Dry-freezing experiments were carried out by Rascher in January, February, and March 1943. One experimental subject was placed on a stretcher at night and exposed to the cold outdoors. He was covered with a linen sheet, but a bucket of cold water was poured over him every hour. He remained outdoors until the morning and then his temperature was taken with a thermometer. In the next series the experimental plan was changed, and experimental persons had to remain naked outdoors for long hours without being covered up at all. One series was carried out on 10 prisoners who had to remain outdoors overnight. Rascher himself was present during approximately 18 to 20 experiments of that type. Approximately three experimental subjects died as a result of the dry-freezing experiments. (Tr. pp. 636-7.)
On the order of Grawitz and Rascher, a mass experiment on 100 experimental subjects was to be carried out. As Rascher was not present, Neff was in the position to frustrate the experiment by taking the experimental subjects indoors, and therefore no deaths occurred during this experimental series. The longest period that experimental subjects were kept outdoors in the cold was from 6 p. m. of one day to 9 a. m. of the following morning. The lowest temperature Neff can recollect during the dry-freezing experiments was 25° body temperature. As Rascher had prohibited that experiments were to be carried out under anaesthetics, the experimental subjects suffered great pain and screamed to such an extent that it was impossible to carry out further experiments. Rascher therefore requested Himmler’s permission to carry out such experiments in the future in the Auschwitz concentration camp. Non-German nationals and political prisoners were among the experimental subjects. None of them was sentenced to death. They had not volunteered for the experiments. (Tr. pp. 637-9.)
In connection with the freezing experiments, Neff further testified that in September 1942 he received orders from Sievers to take the hearts and lungs of five experimental subjects who had been killed in the experiments to Professor Hirt in Strasbourg for further scientific study. The travel warrant for Neff had been made out by Sievers, and the Ahnenerbe Society paid the expenses for the transfer of the bodies. One of the five experimental subjects killed had been a Dutch citizen. (Tr. p. 633.) Sievers visited the experimental station quite frequently during the freezing experiments. (Tr. p. 635.)
Neff’s testimony is corroborated by the affidavits of the defendants Rudolf Brandt and Becker-Freyseng (NO-242, Pros. Ex. 80; NO-448, Pros. Ex. 81) and the testimony of the witness Lutz (Tr. pp. 266-76), Vieweg (Tr. p. 431), and Michalowsky (Tr. pp. 878-83), and by the documentary evidence in the record.