(4) Genzken and Mrugowsky both testify under oath that Himmler and Grawitz gave the order for the establishment of the experimental station to Ding directly.
(5) In Exhibit 283 of the prosecution, Ding states “that Grawitz, in agreement with the leading physician of the concentration camp Dr. Lolling appointed Dr. Hoven as Ding’s deputy in Buchenwald”. The appointment, therefore, did not take place by way of Genzken.
The order channel, Himmler-Grawitz-Genzken-Mrugowsky-Ding, as stated in the verdict, is based exclusively on the affidavit of Dr. Hoven dated 24 October 1946, Prosecution Exh. No. 281. When he was interrogated, Hoven stated under oath that this channel of command was correct only for the manufacturing station in Block 50 and not for the research institute in Block 46 (see p. 9913 of the English record). When Mrugowsky was interrogated, he also stated under oath “that this command relationship referred solely to the vaccine manufacture in Block 50. This chain of command did not refer to Block 46, and insofar as it is touched by it, this channel of giving orders is not correct” (see p. 46 closing brief of the defense).
From all this evidence it follows conclusively that Hoven’s statement cannot be used as supporting evidence for a conviction against Genzken. For he was not a station on this channel of giving orders and had never had anything to do about giving orders concerning the carrying out of the typhus experiments in Block 46 until 1 September 1943.
If, therefore, the verdict states that Genzken was responsible for the carrying out of the typhus experiments, then the verdict does not take into consideration the proven fact that not Genzken, but Grawitz was the one who gave the order to carry out research experiments in the concentration camp Buchenwald on concentration camp inmates. Only he who gives the order to carry out an action and who was a party to it in some other ways can be responsible for the act. Nothing of the sort has been proved against Genzken. If, as established by Document Mrug. Exh. No. 107, Grawitz gave the order to carry out typhus experiments to Ding, then it is impossible that Genzken too could have given such an order, if for no other reason, because he was never the competent authority for scientific research and projects. Furthermore on the basis of his testimony as a witness, it has been established that he never received an order to this effect by Grawitz, and that Grawitz purposely excluded him from exerting any influence on the research projects in Block 46.
In Genzken Exhibit No. 3, Mrugowsky confirms “that Grawitz, in conversations with him, frequently emphasized that he—Grawitz—was the only one responsible for research and planning assignments within the SS, and that Genzken had nothing to do with them.”
The assumption in the verdict is, therefore, not correct that Ding undertook typhus research “for” the Hygiene Institute (page 97, German text of the verdict). As already mentioned above and as proved beyond doubt during the trial, Ding did not undertake these typhus experiments for the Hygiene Institute of the Waffen SS, but exclusively for his employer and commander, Grawitz.
Genzken, therefore, was not responsible for the carrying out of the typhus experiments, since he neither commanded nor ordered those experiments.
If furthermore the Tribunal is trying to construe incriminating evidence against Genzken by claiming that Genzken provided the funds for Ding’s expenses (see page 97 and 99 of the German text), this too is a mistake. Genzken expressly said under oath that he never provided any money for Ding’s experiments, but that only for Ding’s personal needs had funds been transferred to the Waffen SS through the medical office. In the Genzken Document No. 17, Genzken Exhibit No. 15, Rudolf Tonndorf says “that he never paid or ordered payment for the upkeep or provided other funds for scientific experiments or for institutions which served such purposes, because such scientific research work was not the concern of the medical office of the Waffen SS, but exclusively that of the office of the Reich Physician of the SS and Police, Dr. Grawitz.”
In Genzken Exhibit No. 8, Barnewald states under oath “that the entire administrative care for Block 46 was the concern of the Buchenwald camp administration through the official channels via the patients’ building of the concentration camp. The administration of the medical office of the Waffen SS had officially nothing to do with administrative matters concerning Block 46.”