Not until later did Hirt’s connection with the Ahnenerbe develop as a result of the personal and extraordinary urging of Himmler, as can be proved by the two letters, dated 27 February 1942 (NO-090, Pros. Ex. 176), and 25 March 1942 (Sievers 33, Sievers Ex. 49). On the basis of these letters and the efforts of Himmler, Sievers then lodged a protest with Himmler at Easter, 1942—5 April—as he set forth in detail on direct examination. (Tr. pp. 5714-15.)
As a matter of fact, Hirt did not become a member of the Ahnenerbe until the fall of 1942, as can be seen from the prosecution rebuttal Document NO-3819, Prosecution Exhibit 550.
The rebuttal documents submitted by the prosecution in this matter do not, therefore, refute the testimony of Sievers on his direct examination, but confirm them, which is also shown by the affidavits of Frau Dr. Schmitz (Sievers 45, Sievers Ex. 46; Sievers 55, Sievers Ex. 51), and is shown in a further summary in the affidavit of Sievers. (Sievers 64, Sievers Ex. 59.)
Letter of the Chief of the Security Police (SIPO) and of the Security Service (SD) dated 9 November 1941, regarding the transportation of the Soviet-Russian prisoners of war, who were to be executed, to the concentration camps (1234-PS, Pros. Ex. 555):
It can be seen from this document that Soviet-Russian prisoners of war who were to be executed were taken to the concentration camps. Although the Commissar Order was not known to Sievers in detail, it follows from the context of the Easter conference of 1942, which Sievers had with Himmler, that Soviet-Russian Commissars were affected by this order. At that time, it was generally known in the German Wehrmacht and also among the German civilian population that there were female commissars in the Soviet-Russian Army who evidenced an unusual degree of fanaticism. It was also known that strong gangs of insurgents were being formed behind the German front line, who were conducting a ruthless and brutal war against members of the German Wehrmacht of both sexes contrary to all the rules of international law. In the ranks of these gangs there were many riflewomen who, in complete accordance with the provisions of international law, were condemned to death. In this respect, it must be stated that all or the great majority of the Soviet-Russian Commissars did not commit crimes against international law. However, there can be no doubt that within their great numbers, a certain number could have also been found who could have committed such crimes. Since the number of skeletons requested by Hirt was small, Sievers could assume that only such criminals could be considered for the collection.
Therefore, it cannot be argued that Sievers must in any case have assumed from the letter dictated by Dr. Beger to the Reich Security Main Office, dated 21 June 1943, that the persons who had been chosen by Dr. Beger in the concentration camp at Auschwitz were to be liquidated without trial or without any legal basis. It was not the duty of Sievers to check this matter. Here we must examine only whether Sievers in any case is bound to have recognized that the proceedings were illegal or whether he could rely on the fact that there existed a legal basis for the liquidation ordered by Himmler. Considering the war conditions in the East, Sievers could assume the latter fact without further ado.
These statements are only made in case it should be assumed that Sievers had the obligation to examine this independently. We think, however, that someone who was only engaged in a subordinate position was entitled to rely on the legality of the decisions of his superior.
d. Evidence
| Prosecution Documents | |||
| Doc. No. | Pros. Ex. No. | Description of Document | Page |
| NO-085 | 175 | Letter from Sievers to Rudolf Brandt, 9 February 1942, and report by Hirt concerning the acquisition of skulls of Jewish-Bolshevik Commissars. | [748] |
| NO-086 | 177 | Letter from Sievers to Rudolf Brandt, 2 November 1942, requesting with Himmler’s approval, 150 skeletons. | [750] |
| NO-087 | 181 | Letter from Sievers to Eichmann (copy to Rudolf Brandt), 21 June 1943, concerning selection of subjects for a skeleton collection. | [751] |
| NO-807 | 185 | Tank containing formaldehyde for the preservation of corpses; corpses assembled in tanks prior to dissection; corpse showing incisions in preparation for dissection. (See Selections from Photographic Evidence of the Prosecution.) | [905] |
| Defense Documents | |||
| Doc. No. | Def. Ex. No. | Description of Document | Page |
| Sievers 45 | Sievers Ex. 46 | Extract from the affidavit of Dr. Gisela Schmitz, 27 March 1947, on Sievers’ position in the Ahnenerbe Society and his connection with the skeleton collection. | [752] |
| Sievers 54 | Sievers Ex. 50 | Regulations for the Commandos (Einsatzkommandos) of the Security Police and the Security Service to be activated in Stalags. | [754] |
| Testimony | |||
| Extract from the testimony of defendant Rudolf Brandt | [757] | ||