(3) that he nevertheless failed to make sure that this research work was carried out within legally permissible limits.
These statements of the verdict are not correct, since they do not take into account in any way the actual facts which emerged on the basis of the extensive evidence submitted by the prosecution and defense.
I
Genzken had no command and no official supervision over the
typhus experiments in Block 46
The research for a new typhus vaccine for the Waffen SS was purely scientific research in the medical field. In contrast to the Chiefs of the Medical Services of the three Wehrmacht branches (Army, Air Corps, Navy) scientific research and planning did not belong to the tasks delegated to the Chief of the Medical Service of the Waffen SS. The official agency in charge of scientific research and planning for all the organizations of the SS and the police was rather exclusively Reich Physician SS and Police Professor Dr. Grawitz (pages 4-6 of closing brief of the defense).
Exhibit No. 39 of the prosecution proves that Grawitz in 1942 without success requested funds for the intended establishment of several research institutes. However, in view of the imminent pressing danger of typhus, Grawitz, at the order of Himmler, gave the command to establish a typhus experimental station in connection with and sharing the funds appropriated for Block 46 of the Buchenwald concentration camp and in December 1941 he appointed Dr. Ding of the Hygiene Institute of the Waffen SS head of Block 46. In reference to this Mrugowsky states: “Himmler did not order me to take charge of these experiments, but at the suggestion of Grawitz assigned these duties to Dr. Ding.” (p. 5067 of the English transcript.) In the affidavit of S. Dumont, we read: “Mrugowsky told me that Grawitz will transmit Himmler’s order direct to Ding” (Document Mrugowsky 38, Exhibit 13, p. 50 Document book Mrugowsky I). Finally Blumenreuther declares in his affidavit of 3 February 1947 (Document Mrugowsky No. 26, Exhibit 6, p. 170 Document Book Mrugowsky I) as follows: “In 1942 Grawitz brought about Himmler’s order to establish in the Buchenwald concentration camp an experimental station for typhus research and appointed Dr. Ding to take charge of this experimental station.” Thus Ding left the Hygiene Institute, when his research work began, and from this time on he was no longer a subordinate of Genzken, but as chief of the research department in Block 46 was directly, immediately, and exclusively subordinate to Grawitz. As oldest hygienic expert, Grawitz consulted his consulting hygienist Mrugowsky in the course of his researches concerned with typhus. This latter called himself “Reich Physician SS and Leading Police Hygienist” in his report of 5 May 1942 which was mentioned in the verdict (Mrugowsky, Exhibit 20, p. 86, Doc. Book Mrug. I). As a result of the shortage of hygienists, Mrugowsky, in his capacity as head of the only Hygiene Institute on the home front, was available also to the Reich Physician for his medical duties concerned with all the branches of the SS and for his scientific research tasks. As head of the Hygiene Institute and as head of Office XVI concerned with questions of group hygiene of the Waffen SS, Mrugowsky was subordinate to Genzken, not however in his capacity as hygienic consultant to the Reich Physician. In connection with these problems, to which belonged also the typhus vaccine research, Mrugowsky was subordinate only to Reich Physician SS Grawitz and not to Genzken. If, as the verdict presupposes, the relationship of giving orders had really been the following: Himmler-Grawitz-Genzken-Mrugowsky-Ding, then Genzken would have had to take orders from Grawitz and would have been called for conferences with Grawitz. This has not been established by the prosecution.
Through the examination of witnesses by prosecution and defense, it was established that there were two separate institutions in Buchenwald: the typhus research institute from December 1941 in Block 46 and the typhus vaccine manufacturing station from the fall of 1943 in Block 50 (see page 35, Closing Brief of the Defense and Exhibit Genzken Exh. No. 5). The manufacturing station in Block 50, and Ding as its head, would have been subordinate to Dr. Genzken as such if the manufacture of the new SS typhus vaccine had been started before 1 September 1943. However, this was definitely not the case; it was still in a preparatory state (see page 46, closing brief of the defense). If on page 96 (German text) of the verdict it is furthermore stated that the official channels were arranged in this manner: Himmler-Grawitz-Genzken-Mrugowsky-Ding, then this statement also is in obvious contradiction to the facts established in a clear and conclusive manner by the examination of witnesses.
Because, as far as the channels of command for the typhus experimental station are concerned, the following points prove that these channels of command ran Himmler-Grawitz-Ding for Block 46:
(1) Dr. Morgen states in his affidavit Mrugowsky Exh. 107 (Doc. Mrug. 114, Doc. Book Mrug. Supplement II, p. 54), that Grawitz gave written and direct order to Ding to carry out the typhus research without Genzken’s participation. Ding showed Morgen the written order from Grawitz.
(2) The letterhead which Ding used before spring 1943, as head of the experimental station for typhus and virus research, read as follows: “Reich Fuehrer SS—Typhus-Experimental Station, Buchenwald” (see Doc. Genzken No. 2, Genzken Exh. 8).
(3) The prosecution witness Kogon confirms the fact that all reports went through Mrugowsky directly to Grawitz and not by way of Genzken.