This must also form the basis for the judging of Documents NO-195 and NO-015, Prosecution Exhibits 266 and 275. Sievers could only give information on what he knew. By virtue of his own observation of the information which he had received from Dr. Hirt and the correspondence submitted here, Sievers could only give information on the subject of the experiments carried out by Dr. Hirt and the circumstances under which they were carried out. It is also quite absurd to suppose that anyone who himself had detailed knowledge of the course of the experiments would have been used to pass on information. In his letter to Dr. Rudolf Brandt of 11 April 1944, Sievers further stated that on 31 March he had given a report to SS Brigadefuehrer Professor Dr. Brandt on the research work of SS Hauptsturmfuehrer Professor Dr. Hirt. The contents of this so-called report were reproduced by Dr. Karl Brandt in his examination on 4 November 1947. According to that, Sievers only stated that he had been commissioned by order of Himmler to hand over to him the final report on Lost by Dr. Hirt. But Sievers said nothing about being commissioned to discuss the contents with Dr. Karl Brandt. No discussion took place between Dr. Karl Brandt and Sievers on the performance of the experiments. This was the “report” from which the prosecution believes it can draw the conclusion that Sievers had detailed knowledge of the Lost experiments. (German Tr. pp. 2365-66.)
The question still arises, whether Sievers, as a result of the report made by Hirt on 8 March 1944 to the Reich Leader SS, was not aware of deaths in connection with the Lost experiments. Hirt’s report did not disclose anything from which one could conclude that a special endangering of the experimental subjects was involved. Moreover Hirt declared that he could arrive at further results only through experiments on animals. (German Tr. p. 5734.)
Finally, an opinion is expressed in regard to the possible assertion of the prosecution that the application of intravital microscopy constituted a crime against humanity. The intravital microscope used by Dr. Hirt could only be used on animals. (Tr. p. 5734.) Letter from the firm of Zeiss of 13 January 1947. (Sievers 9, Sievers Ex. 10; Tr. p. 5879; Sievers 55, Sievers Ex. 51.) That intravital microscopic experiments were carried out on human beings by Dr. Hirt was not testified to by any of the witnesses and also cannot be seen from any document. If this had been the case, it certainly would have become known to third parties through experimental subjects or records.
6. Sievers had neither the power nor the opportunity to prevent the Lost experiments or to stop them. Sievers could in no way hinder the course of experiments against Himmler’s order.
7. Under these circumstances Sievers could not have become guilty of criminal negligence either.
d. Evidence
| Prosecution Documents | |||
| Pros. Ex. | |||
| Doc. No. | No. | Description of Document | Page |
| NO-794 | 259 | Letter from Sievers to Rudolf Brandt, 27 June 1942, concerning mustard gas and its effect on human beings. | [336] |
| NO-098 | 263 | Memorandum from Sievers to Rudolf Brandt, 3 November 1942, concerning research in the Natzweiler concentration camp. | [337] |
| NO-193 | 264 | Letter from Sievers to Rudolf Brandt, 22 April 1943, regarding prevention of Dr. Wimmer’s to active duty with the air force. | [340] |
| NO-099 | 268 | Report by Hirt and Wimmer on the proposed treatment of poisoning caused by Lost gas. | [341] |
| NO-005 | 279 | Letter from Grawitz to Himmler, 22 November 1944, requesting prisoners for experiments. | [344] |
| NO-1852 | 456 | Extract from report on medical experiments addressed to Karl Brandt. | [345] |
| NO-978 | 480 | Letter from Sievers to Gluecks, 11 September 1942, concerning military scientific research work to be conducted at Natzweiler concentration camp. | [349] |
| Defense Documents | |||
| Doc. No. | Def. Ex. No. | Description of Document | Page |
| Karl Brandt 12 | Karl Brandt Ex. 11 | Affidavit of Dr. Walther Schieber on his efforts to purchase experimental animals in Spain and bring them to Germany. | [350] |
| Karl Brandt 101 | Karl Brandt Ex. 41 | Affidavit of Dr. Otto Ambros, 21 April 1947, concerning the urgency of experiments in the field of chemical-warfare agents and their countermeasures. | [351] |
| Karl Brandt 103 | Karl Brandt Ex. 42 | Affidavit of Dr. Walter Mielenz, 21 April 1947, concerning the assignment of Karl Brandt in connection with chemical warfare. | [352] |