The Court of Appeals in the same case rejected the appeals of both, defendants. The following quotation from the findings may be of interest:
“It cannot be mistaken that the defendants Wernicke and Wieczorek are only the last links of a long chain, and that they are preceded by persons whose guilt is still greater.” [Emphasis added.] (NO. 447[[97]]).
Thus it is established that euthanasia was murder according to German law.
In connection with this question, it is again pointed out that the whole program was kept completely secret. Hitler’s letter of 1 September 1939 (Tr. p. 1516) marked “Top Secret” was never published, and the Minister of Justice received a copy of it only one year after its issuance. (630-PS, Pros. Ex. 330.) Transfers of inmates of insane asylums to euthanasia stations were allegedly carried out by the order of the Reich Defense Commissioner. (NO-1133, Pros. Ex. 335.) The officials active in the program had to sign a written oath of secrecy. (NO-1312, Pros. Ex. 338; NO-1311, Pros. Ex. 339.) The doctors who performed euthanasia were warned that they would be severely punished if they sabotaged the work. (Tr. p. 1894.) The whole program of euthanasia was to be kept secret, as they were told from the beginning that it was a top secret matter. The reason given was to avoid unrest among the population. Breach of secrecy was considered sabotage. (Tr. p. 1923.) Others had to sign a written oath binding them to secrecy. It was known that the result of breach of this oath was confinement in a concentration camp. (Tr. p. 1826.)
F. Personal Responsibility of Karl Brandt
Brandt was put in charge of the program, together with Bouhler, by the above-quoted letter of Hitler of 1 September 1939. His position as highest authority in the Euthanasia Program is outlined in the affidavit of Dr. Boehm, one of the oldest members of the NSDAP. When, in November 1940, Boehm approached Martin Bormann[[98]] with the request to obtain an audience with Hitler to complain about the execution of the Euthanasia Program, Bormann referred him to Brandt as the responsible authority for the execution of euthanasia. As a result, Boehm had a discussion with Brandt and when he complained, among other things, that the Euthanasia Program was not regulated by law and should not be carried out in a secret manner, Brandt admitted that the Minister of Justice, Guertner, had also urged legislation. From his conversation with Bormann and Brandt, Boehm was sure that Brandt was the leading personality in the program. (NO-3059, Pros. Ex. 558.) Brandt admitted that it was necessary to set up a special organization to carry out euthanasia. (Tr. p. 2407.)
He, together with Bouhler, had authority over the physicians who were participating in this program, and furthermore he had to keep Hitler informed from the medical point of view (English translation is garbled, therefore reference is made to German Tr. p. 2420) and had to maintain contact with Bouhler. (Tr. p. 2408.) He further admitted that authorizations for the killing of children were submitted to him and Bouhler. (Tr. p. 2544.)
He stated that he resigned his job some time in 1942. (Tr. p. 2433.) While this is of no material significance, it is established that he held his position as the leading figure in the program until 1944. Dr. Ludwig Sprauer, in his affidavit, stated:
“I heard the name of Professor Dr. Karl Brandt for the first time at a conference in Berlin in the middle of 1941. At this conference I learned that Karl Brandt and Philipp Bouhler were the leading figures in the Euthanasia Program. The conference was called by Dr. Linden on behalf of the Department of the Interior, and problems of institutions and asylums were submitted. Dr. Linden directed the proceedings.