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Chapter VII: Extracts From Argumentation and Evidence of Prosecution and Defense (3)

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The defense, therefore, arrives at the following conclusion:

Dr. Ruff only did what his superiors ordered him to do. If they have failed, they should be taken to account.

Dr. Ruff had no doubts concerning the orders of his superiors for his assignment was urgently necessary in the interest of his country, engaged in the most difficult war, and of its aviation. If Dr. Ruff at the time had been able to read all the international literature about medical experiments on human beings he would have learned that experiments much more exacting and much more dangerous than those with which he was familiar—which he knew and planned—were being conducted everywhere, also on prisoners; and perhaps they are still being conducted without the competent authorities or medical societies declaring them impermissible and intervening against them. Over many years, Dr. Ruff proved himself to be a particularly conscientious and considerate man of research who devoted his entire activity primarily to save endangered human lives. Neither can he be blamed for having collaborated for a short time with Dr. Rascher. He (Rascher) had been assigned to him as associate by his highest superiors; he had to rely upon that. If they ordered him to work together with a man who, later on, turned out to be a criminal, no liability can be charged to Dr. Ruff. When Dr. Ruff saw through his colleague who was forced upon him and realized his criminal activities, he immediately cut off all relations to him on his own initiative, avoided any further collaboration with him, and thus probably prevented much further disaster.

Field Marshal Milch was acquitted as far as the Dachau altitude tests are concerned.[21] Medical Inspector Dr. Hippke was not indicted at all. Under these circumstances justice demands that Dr. Ruff be acquitted.

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_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS_

* * * * *

_Low-Pressure Experiments_

Low-pressure experiments (high-altitude experiments) were carried out in the Dachau concentration camp from 22 February to the end of May 1942.

The first plans to carry out experiments “for rescue from high altitudes” were discussed already in 1941. The experiments were an affair of the Luftwaffe. (_1581-A-PS, Pros. Ex. 48._)

The carrying out of experiments for “rescue from high altitudes” was agreed upon, as far as the Dachau concentration camp was concerned, by the Reich Minister for Aviation (represented by State Secretary and Field Marshal Milch) and the Reich Leader SS Himmler. (_German Tr. p. 274. Also judgment of Military Tribunal II, Nuernberg in case of Field Marshal Milch. See Vol. II._) The witness Neff gave the exact date of the start of the experiments. The experiments were started on 22 February 1942. The witness could remember this date so well because it was his birthday. (_German Tr. p. 606._) After a few interruptions the experiments ended in the second half of May. (_German Tr. p. 6779._)

When answering the question whether the experiments could inflict torture and death on the experimental subjects, one has to distinguish between the experiments which according to the detailed instructions of Dr. Ruff were carried out by Dr. Rascher and Dr. Romberg in the Dachau concentration camp, and the experiments which Rascher carried out either with the knowledge and permission of Himmler, or without his permission on his own responsibility.

With regard to the first experiments it has to be said that they caused the experimental subjects some discomfort through high-altitude sickness, but that on no account did they mean torture and death for the experimental subjects. (Evidence of Dr. Ruff in direct examination.)

On the other hand the experiments which Rascher conducted on his responsibility have, according to Prosecution Document 1971-A-PS (_Pros. Ex. 49_), apparently to be judged in a different manner.

Sievers came in contact with the low-pressure experiments only; in the second half of March 1942. By letter of 21 March 1942 Rudolf Brandt replied to an inquiry of the Reich business manager of the Ahnenerbe of 9 March 1942 concerning Rascher, and informed him that low-pressure experiments were carried out in the Dachau camp: “The Reich Leader SS gave his permission on condition that Dr. Rascher would participate.” (_1581-A-PS, Pros. Ex. 48._)

The cause of Sievers’ letter of 9 March 1942 was the statement of Dr. Rascher to the curator Wuest, according to which certain research work which he carried out for the Luftwaffe in Dachau, and of which he could give no details, was to be supported by the administration of the “Ahnenerbe”. (_German Tr. p. 5671._) Following this, Sievers went to Dachau in late March or on 1 April 1942. (_German Tr. p. 5672._)

Thus this date was the earliest on which Sievers could possibly have gained knowledge about the carrying out of high-altitude experiments in Dachau. It is important that at this time the experiments had already been under way for over a month.

The cunning Rascher took the first visit of Sievers as an opportunity to invite Sievers to have a look at the experiments directed by him, in spite of the fact that Sievers had nothing at all to do with the carrying out of the experiments. Sievers watched two experiments. He took the opportunity to speak to the two persons who were subjected to the experiments on that day. Both told Sievers that they had volunteered for the experiment. A few minutes after the experiment both experimental subjects did not show any after-effects and finished the experiment without suffering any bodily or physical damage. (_German Tr. p. 5741._)

The following proceeding shows the special care which was taken in the carrying out of these experiments: It was agreed with the experimental persons that in case of earache they were to point with the hand to the ear. When one of the experimental subjects did this, Dr. Romberg immediately altered the pressure conditions, and the behavior of the experimental subject showed that he had no more discomfort. (_German Tr. pp. 5743 and 6845._)

Since the question of the voluntary status of the human experimental subjects may be of significance in the case of all experiments, a comprehensive presentation of the most important depositions on this subject is given here.

Himmler stated at the Easter conference in 1942, in answer to the scruples of Sievers, that only volunteers were to be allowed to be drawn upon for the experiments, and if the experiments were fraught with danger to life then only major criminals under sentence of death and no political prisoners would be taken. (_German Tr. p. 5677._) The witness Neff testified that volunteers presented themselves for the experiments. (_German Tr. p. 614._)

Dr. Craemer of the Mountain Institute for Psychology of the Army Mountain Medical School [Gebirgspsychologisches, Institut der Heeres-Gebirgs-Sanitaets-Schule] has, in an affidavit, reported a conversation with Dr. Rascher in the course of which the latter said:

“Human experimental subjects. It is a question of major
criminals under valid sentence of death who come forward
voluntarily for the experiments in Dachau in order to have life
and liberty given to them if they survive an experiment.”
(_Handloser 37, Handloser Ex. 18._)

The witness Meine declared:

“* * * since, furthermore, I knew from the series of experiments
in Oranienburg that the prisoners had come forward voluntarily
in crowds * * * my suspicion was not aroused during these
years.” (_German Tr. p. 4864._)

Dr. Mrugowsky deposed the following in his direct examination regarding yellow-fever experiments:

“Only volunteers were used, and Dr. Ding states in his
declaration (_NO-257, Pros. Ex. 283_) that he knew of a list,
and that for these kinds of cases always hundreds of volunteers
offered themselves because they would not need to work for 4
weeks and were better fed.” (_German Tr. p. 5195._)

Further, I refer to the affidavit of Dr. Morgen, which was submitted by Dr. Mrugowsky’s defense counsel, Mrugowsky 32 (_Mrugowsky Exhibit 26_):

“At the conference with Dr. Ding I learned that the human
experimental subjects came forward voluntarily for these
experiments. * * * In the case of the prisoner whose treatment I
chanced to watch with others, I had the definite impression that
he was a volunteer.” (_German Tr. p. 5228._)

In connection with the high-altitude experiments in Dachau, I quote the following from Dr. Ruff’s deposition:

“Professor Dr. Weltz told me that these human experimental
subjects were professional criminals who were allowed to
volunteer for the experiments.” (_German Tr. p. 6532._)

“Hippke told me also in this conversation that it was a question
of major criminals who could offer themselves voluntarily for
the experiments and who, following the experiments, were then to
receive in some form a mitigation of their punishment, either
reduction or remission.” (_German Tr. p. 6534._)

The chief of Himmler’s personal staff, SS General Karl Wolff, gave an affidavit in London on 21 November 1946, which is of special importance because Wolff himself watched experiments in Dachau together with Himmler, and also reported to Hitler concerning the experiments:

“They (namely, the human experimental subjects) protested to
Himmler in my presence that—after their request to be sent to
the front had been turned down—they wanted to render a modest
voluntary service to Germany and thereby give proof of the good
will they really possessed. * * * That later low-pressure
experiments are said to have taken place on prisoners on a
nonvoluntary basis—of that I received no knowledge either from
Himmler nor in any other way.” (_German Tr. pp. 6757-58._)

Dr. Romberg declared in direct examination:

“In the course of time, not exactly on the first day, but as
time went on, I spoke of course with all of them more often and
in greater detail; then they told me gradually what previous
sentences they had had, what prisons and penitentiaries they had
already been at before coming to the camp. They told me also the
reasons why they had come forward and had placed themselves
voluntarily at the disposal of the experiments.”

To the question: “Do you mean by that, that all the human experimental subjects who were used for the altitude experiments were voluntarily human experimental subjects?” Dr. Romberg answered with a clear, “Yes.” (_German Tr. pp. 6787-88._)

The following is quoted from Dr. Weltz’ deposition:

“When I first heard anything from Kottenhoff concerning
Rascher’s proposals, Kottenhoff spoke already of volunteers.
Later, after this conversation with Hippke I spoke again with
Rascher. Rascher also spoke of volunteers. We then had Rascher
at our joint consultation with Ruff and Romberg in my institute.
There, too, he spoke of volunteers. In the observations that he
made at the Nuernberg conference in connection with
Holzloehner’s lecture, he spoke of volunteers. He spoke further
of volunteers, on the return journey from the Nuernberg
conference, with Dr. Craemer from St. Johann. * * * Thus I never
heard Rascher speak otherwise than of volunteers, and, as I said
already, that was the reason why we did not speak for a long
time at all concerning compulsory experiments with Hippke.”
(_German Tr. p. 7064._)

The affidavit of the Polish Communist Wilschewske, an inmate of Dachau concentration camp, which was read on 28 April 1947, deposes as to the voluntary status of the human experimental subjects:

“Prisoners who came forward for these experiments did so, as far
as I know, voluntarily, because they could thereby gain their
own freedom and rehabilitation, and also favorable treatment for
their relatives.” (_German Tr. p. 6555._)

Dr. Becker-Freyseng deposed the following in his direct examination:

“Rascher spoke unequivocally of prisoners or criminal characters
who were available because of special sanctions * * * by Hitler
and Himmler, and through volunteering.” (_German Tr. pp.
7850-51._)

The witness Dorn, a former prisoner in Buchenwald, deposed in answer to the following question: Were these people now forced into these experiments or was there a possibility of volunteering?

“I should like to give you an answer to that. Imagine the
position of a prisoner who perhaps for years had not had enough
to eat to satisfy him, and who perhaps learns from a camp
conversation that if he were to offer himself for this or that
experiment he would receive a double or triple amount of food.
You can imagine that hundreds or more presented themselves
merely from the purely human urge to eat their fill once again.”
(_German Tr. p. 8620._)

Dr. Beiglboeck likewise makes assertions in his direct examination concerning the voluntary status of the human experimental subjects, and declares in conclusion:

“I had at that time absolutely no reason to doubt that this
information was correct. Superiors, officers of the SS, and the
human experimental subjects themselves admitted this to me. And
I do not know what more I could have done in order to assure
myself still further.” (_German Tr. p. 8701._)

The voluntary status of the prisoners is likewise confirmed in his affidavit by the witness Dr. Lesse, who worked as a doctor with Dr. Beiglboeck in Dachau. (_Beiglboeck 14, Beiglboeck Ex. 20._)

The witness Mettbach has also confirmed the voluntary status of the human experimental subjects in connection with the sea-water experiments.

Finally reference is made to the deposition of the witness Nales, who was examined by the prosecution on 30 June 1947 in the second half of the forenoon session, and who testified to the voluntary status of the human experimental subjects used in the Lost gas experiments.

The evidence produced has not given the slightest grounds for believing that Sievers had any knowledge at all that nonvoluntary human experimental subjects were compelled to undergo experiments, or that the experiments would be painful or fraught with danger to life.

As a precaution let us also examine the question as to what further activity Sievers developed in connection with the low-pressure experiments. From the document book presented by the prosecution it appears that Sievers passed on letters which came to his office. Sievers is mentioned in some documents. The following separate letters are at hand:

In connection with the altitude experiments, the prosecution’s document book contains the following documents in which the Reich Business Manager of the Ahnenerbe is mentioned in one way or another. (_NO-263, Pros. Ex. 47._) Letter from Frau Rascher to the Reich Leadership SS dated 24 February 1942:

“Rascher requests SS Obersturmbannfuehrer Schnitzler to acquaint
the Reich Leader with the events and to say at the same time
that Rascher, as a member of the Ahnenerbe, definitely wishes to
participate scientifically in the experiments.”

From this it is seen how very keen even Frau Rascher was that her husband should participate in the experiments in Dachau. This was at a time when Sievers had as yet no knowledge at all of the altitude experiments.

Letter from the Reich Business Manager of the Ahnenerbe to Dr. Brandt, dated 26 August 1942 (_NO-221, Pros. Ex. 68_). This letter contains a copy of a letter from Rascher which had as its subject a report by Rascher and Romberg to Field Marshal Milch. The second part of the letter contains the report and the assent to the publication of the scientific results. Here the date of the letter must be pointed out, 26 August 1942, which was many weeks after the altitude experiments had come to an end, in May 1942.

Dr. Brandt’s reply to Sievers, dated 29 August 1942 (_NO-222, Pros. Ex. 69_):

“The letter of the Reich Leader SS, with which he has forwarded
the report to Field Marshal Milch, was only signed and sent off
a few days ago. Copy of the letter of the Reich Leader SS dated
25 August 1942 is enclosed for your information.”

Here it is to be observed that this letter likewise was written long after the conclusion of the altitude experiments and, like the preceding one, contains nothing at all concerning the experiments. It cannot be inferred from the letter dated 29 August 1942 that a copy of the report sent to Field Marshal Milch was also sent to the Ahnenerbe.

Brandt sends Sievers a copy of his letter to Dr. Rascher dated 6 September 1942 (_NO-223, Pros. Ex. 71_). It contains the information that Field Marshal Milch will ask Dr. Rascher and Dr. Romberg to meet shortly and report.

Letter from Rascher to Himmler, dated 9 October 1942 (_1610-PS, Pros. Ex. 73_). Sievers is mentioned in connection with the unsuccessful report to Milch. It is worth noting that Rascher asks that the low-pressure chamber may still be left at his disposal for further experiments.

Letter from the Reich Business Manager of the “Ahnenerbe” to the personal staff, for the attention of Dr. Brandt, dated 21 October 1942 (_NO-226, Pros. Ex. 75_ (_Pros. Ex. 110 in Milch case_); _1617-PS, Pros. Ex. 111 in Milch case_). This letter contains the information that the freezing experiments are finished and that the altitude experiments desired by the Reich Leader SS can now be continued. For this purpose the low-pressure chamber will be needed again, and the Reich Leader SS is to write personally to Field Marshal Milch. The rough draft of a letter of the Reich Leader SS to Field Marshal Milch was enclosed with this letter. This rough draft is submitted by the prosecution as NO-226, Prosecution Exhibit 75. This draft was submitted by Sievers because of an assignment given to him by Himmler. The rough draft was drawn up in accordance with Rascher’s suggestions. (_German Tr. p. 5682._)

This letter, dated 13 December 1942, contains several research commissions given personally by Himmler to Rascher (_1612-PS, Pros. Ex. 79_). Number 5 reads:

“The procuring of the apparatus necessary for all experiments is
to be discussed separately with the offices of the Reich
Physician SS of the SS Economic and Administrative Main Office,
and with the Ahnenerbe Registered Association.”

A copy went to the Ahnenerbe.

This is a letter from the Vorstand [Board of Directors] of the Siemens-Schuckert-Werke, Berlin, and concerns the ordering of an electrocardiograph (_NO-3675, Pros. Ex. 548_). This apparatus was never delivered because the “SS priority grade” was not certified. Let it be remarked here, for the sake of understanding, that the designation “SS priority grade” was in general use and had nothing to do with the “SS”, the so-called “Schutzstaffeln” of the NSDAP.

Letter from Sievers to the Rector of the University of Munich concerning the loan of different pieces of apparatus (_NO-3674, Pros. Ex. 549._) Dr. Wuest was, as repeatedly pointed out, office chief of the Ahnenerbe. As such he had exact information concerning the research commissions of the Institute for Military Scientific Research. A simple way to obtain the apparatus would have been an agreement made over the telephone. If Sievers chose to do it by letter it was only because of the delaying tactics practiced by him. This is seen clearly from the postscript intended for Rascher, telling him not to participate. It is also worthy of note that the apparatus was to be used in Munich and not in Dachau.

Sievers had no right to issue orders or instructions in connection with the low-pressure experiments, as is seen from part III of the closing brief. Sievers had not the slightest influence on the carrying out of the experiments.

Sievers could have had no knowledge that the experiments might be inhuman, because he, or the Ahnenerbe, was only brought in when the experiments had already been in progress for over a month.

The question still to be examined is whether and when Sievers received knowledge of Rascher’s reports concerning his experiments. To this the following details are pointed out: On 5 April 1942 Rascher sent an interim report on his low-pressure experiments direct to Himmler. He asked that the report should be treated as secret. (_1971-A-PS, Pros. Ex. 49._)

The acknowledgment of the receipt did not go through the Ahnenerbe but went directly from Rudolf Brandt to Rascher. (_1971-C-PS, Pros. Ex. 50._) It is nowhere mentioned that a copy went to the Ahnenerbe. From the distribution of the order issued by Himmler thereon (_1971-B-PS, Pros. Ex. 51_), it is clearly seen that the Ahnenerbe received no copy of the order.

On 11 May 1942 Rascher sent a further secret report direct to Himmler, so that Sievers here too had no possibility of acquiring any knowledge of this report. (_NO-220, Pros. Ex. 61._)

On 22 September 1942 the German Experimental Station for Aviation sent copies of Nos. 2, 3, and 4 of the report “Experiments on Rescue from High Altitudes” as “top secret” matter to the Reich Leader SS “to be filed there”. (_NO-402, Pros. Ex. 66._) Even if the first page of the report bears the note, “The investigations were conducted in conjunction with the Research and Instruction Association the Ahnenerbe”, no kind of proof is thereby furnished that a copy of the report reached the Ahnenerbe. It is true that Sievers does not exclude the possibility that such a report came to the Ahnenerbe, but he denies that he read such a report, because it did not concern him, and it also did not interest him as it dealt with medical matters. If he did read any of it, it was at the most the short summary to be found at the end. (_German Tr. p. 5681._)

It must also be pointed out that there is nothing in this report which could lead to the conclusion that the experiments had fatal results. The prosecution’s expert Professor Ivy also confirmed this in answer to the Court’s question: “Is there anything mentioned in the Ruff-Romberg-Rascher report about experiments concerning which it can be asserted with absolute certainty that fatalities, permanent injury, or great pain have resulted in the case of human experimental subjects?” The expert’s answer was “No.” (_German Tr. p. 9217._) In addition this report was sent to Himmler on 22 September 1942, thus, long after the close of the experiments. Sievers cannot then have gained any insight into Rascher’s criminal activity from Rascher’s reports.

Sievers had not the power or the opportunity of preventing Rascher’s criminal experiments or of bringing them to a standstill. It is true that at the Easter conference in 1942 he tried to move Himmler to discontinue all experiments in the concentration camps, or at least to bring about the suppression of the research of Rascher and Professor Dr. Hirt, which were not in harmony with the character of the Ahnenerbe. Both his suggestions were refuted by Himmler’s declaration that “all that” was no concern of Sievers and that he (Himmler) bore the sole responsibility. (_German Tr. p. 5714._)

In spite of Himmler’s declaration, Sievers endeavored to halt further low-pressure experiments, when the low-pressure chamber had been removed from Dachau at the beginning of June 1942.

Already on 27 November 1942, the chief of the personal staff of the Reich Leader SS, SS General Wolff, had applied to Field Marshal Milch in order to make possible Rascher’s further experiments in Dachau. In the closing sentence of this letter the loan of the low-pressure chamber is once again requested. (_NO-269, Pros. Ex. 78_ (_Pros. Ex. 118 in the Milch Case_).)

That General Wolff by Himmler’s orders laid great stress on making further experiments possible is seen from the fact that a copy of the letter went also to SS Oberfuehrer Dr. Wuest, who was office chief of the Ahnenerbe. Thereby the special importance of the affair was to be shown also to the Ahnenerbe, on which the obligation rested to procure the requisite apparatus in accordance with figure three of Himmler’s order of 7 July 1942 (_NO-422, Pros. Ex. 33_) and repeated later under figure five of Himmler’s order of 13 December 1942 (_1612-PS, Pros. Ex. 79_).

When the Luftwaffe did not make the low-pressure chamber available again, Sievers was commissioned to buy a special portable low-pressure chamber for the SS. (_German Tr. p. 5800._) And then Sievers did something unheard of and rang up Dr. Romberg of the German Experimental Station for Aviation. Romberg was very much surprised at this telephone call. (_German Tr. pp. 6839-40._)

Through his communication that he had been commissioned by Himmler to procure a low-pressure chamber for Rascher, who at that time was still a member of the Luftwaffe, he aroused the attention of the Luftwaffe. For Dr. Romberg communicated this news to his superior Dr. Ruff, who, on his side, informed Dr. Becker-Freyseng of the Medical Inspectorate of the Luftwaffe. (_German Tr. pp. 6607-08, 7878_; _Becker-Freyseng 24, Becker-Freyseng Ex. 11_.) This was what Sievers counted upon. The consent of the Luftwaffe would have been necessary for the purpose of sanctioning the requisite priority grade for a low-pressure chamber. The Luftwaffe denied this necessity and thus the low-pressure chamber under consideration for Rascher was not procured.

When Himmler in the year 1943—probably at Rascher’s urging—ordered Sievers again to procure a low-pressure chamber, Sievers was able once more to prevent one from being procured. This time he pointed out that the research management of the Luftwaffe did not consider it necessary to continue with altitude experiments. Sievers advanced this statement at random, profiting by the fact that Rascher, though probably known to the Medical Inspectorate of the Luftwaffe, was not known to the research management of the Luftwaffe. (_German Tr. p. 5801._)

_Summary_

Criminal action on the part of Sievers cannot be proved in connection with the low-pressure experiments. The carrying out of the experiments was neither ordered nor arranged for by him. He did not come into contact with the experiments until they had been in progress for over a month. What Sievers saw, heard, and read about the experiments could not in any way give him the knowledge that inadmissible experiments were being made. Sievers had no knowledge of Rascher’s criminal experiments while the experiments were in progress, because Rascher kept these experiments completely secret. Sievers’ activity was of a completely subordinate nature. Apart from that, however, Sievers helped to prevent Rascher (whom Sievers could not bear, for he was a pompous fellow and a protégé of Himmler) from being put again in a position to carry on further low-pressure experiments.

There is no criminal guilt then on the part of Sievers, as far as Sievers’ contact with the low-pressure experiments is concerned.

d. Evidence

_Prosecution Documents_
Pros.
Doc. No. Ex. No. Description of Document Page
1602-PS 44 Letter from Rascher to Himmler, 15 May 1941, 141
concerning high-altitude experiments on
human beings.
1582-PS 45 Letter from Rudolf Brandt to Rascher, undated, 143
nforming him that prisoners would be made
available for high-altitude research.
1581-A-PS 48 Letter from Rudolf Brandt to Sievers, 21 March 144
1942, concerning Rascher’s participation in
high-altitude experiments.
1971-A-PS 49 Letter from Rascher to Himmler, 5 April 1942, 144
and report, undated, on high-altitude
experiments.
1971-C-PS 50 Letter from Rudolf Brandt to Rascher, 13 April 147
1942, regarding his success with
high-altitude experiments.
1971-B-PS 51 Letter from Himmler to Rascher, 13 April 1942, 148
requesting a repetition of high-altitude
experiments on prisoners condemned to death.
1971-D-PS 52 Teletype from Rascher to Rudolf Brandt, 20 149
October 1942, requesting clarification on
the pardon granted by Himmler.
1971-E-PS 53 Teletype from Rudolf Brandt to Schnitzler, 21 149
October 1942, concerning the pardon granted
by Himmler.
NO-218 56 Letter from Rascher to Himmler, 16 April 1942, 150
reporting on high-altitude experiments with
fatal results and on experiments conducted
together with Romberg.
NO-264 60 File note for SS Obersturmfuehrer Schnitzler, 151
28 April 1942.
NO-220 61 Letter from Rascher to Himmler, 11 May 1942, 152
and secret report concerning high-altitude
experiments.
NO-402 66 Letter, 29 September 1942, and report, 28 July 155
1942, from Romberg and Ruff to Himmler
concerning experiments on rescue from high
altitudes.
343-A-PS 62 Letter from Milch to Wolff, 20 May 1942, 172
regarding continuation of experiments.
343-B-PS 70 Letter from Milch to Himmler, 31 August 1942, 172
acknowledging receipt of reports by Rascher
and Romberg on high-altitude experiments.
NO-289 72 Letter from Hippke to Himmler, 8 October 1942, 173
thanking the latter for his assistance in
high-altitude experiments in Dachau.
NO-224 76 Note by Romberg on showing of film in office 174
of State Secretary Milch and proposed report
to Milch, 11 September 1942.
1612-PS 79 Letter from Rudolf Brandt to Rascher, 13 176
December 1942, and Himmler’s order assigning
Rascher to high-altitude experiments.
NO-610 41 Inmates of the Dachau concentration camp in 898
different stages of simulated altitude in
the low-pressure chamber; postmortem
dissections of experimental subjects who
died from the effects of high-altitude
experiments. (_See Selections from
Photographic Evidence of the Prosecution._)

_Testimony_

Extracts from the testimony of tribunal witness Walter Neff 177 Extracts from the testimony of defendant Rudolf Brandt 183 Extracts from the testimony of defendant Romberg 186

TRANSLATION OF DOCUMENT 1602-PS
PROSECUTION EXHIBIT 44

LETTER FROM RASCHER TO HIMMLER, 15 MAY 1941, CONCERNING HIGH-ALTITUDE
EXPERIMENTS ON HUMAN BEINGS

[Stamp]
Sigmund Rascher, M. D.
Personal Staff Reich Leader SS
Archives File No. Secret/58
Munich, Trogerstrasse 56, 15 May 1941
Highly esteemed Reich Leader,

My most sincere thanks for your cordial wishes and flowers on the birth of my second son. This time, too, it is a strong boy, though he arrived 3 weeks too early. I shall take the liberty and send you a small picture of both children some time.

Since I want a third child very soon, I feel very grateful to you that with your help, highly esteemed Reich Leader, the wedding is made possible. Today I was informed by SS Standartenfuehrer Sollmann on the telephone that the 165 marks as required for a wedding will be charged to the account “R” and will be transmitted by the Ahnenerbe. I thank you heartily! I only need a short certificate concerning Aryan descent for the Luftwaffe, where the permit was already submitted. Tomorrow, prior to my departure, I shall dictate a rough text to Nini D; she will then forward the note to you, highly esteemed Reich Leader.

I also thank you very cordially for the generous regular allowance of fruit; this is at present extremely important for mother and children.

For the time being, have been assigned to the Luftgau Kommando VII, Munich, for a medical selection course. During this course, where research on high-altitude flying plays a prominent part, determined by the somewhat higher ceiling of the English fighter planes, considerable regret was expressed that no experiments on human beings have so far been possible for us because such experiments are very dangerous and nobody is volunteering. I therefore put the serious question: is there any possibility that two or three professional criminals can be made available for these experiments? The experiments are being performed at the Ground Station for High-Altitude Experiments of the Luftwaffe [Bodenstaendige Pruefstelle fuer Hoehenforschung der Luftwaffe] at Munich. The experiments, in which the experimental subject of course may die, would take place with my collaboration. They are absolutely essential for the research on high-altitude flying and cannot, as it has been tried until now, be carried out on monkeys, because monkeys offer entirely different test conditions. I had an absolutely confidential talk with the representative of the Luftwaffe physician who is conducting these experiments. He also is of the opinion that the problems in question can only be solved by experiments on human beings. (Feeble-minded individuals also could be used as experimental material.)

For the time being, SS men and some SS officers as well are detailed to the antiaircraft school IV, for studying the range-finding technique. The material is excellent. Nevertheless, I suggest that selection of range-finding men among SS troops should be carried out according to the methods of examination as used by the Luftwaffe. A still better selection would thus be the result. I am able to judge because I am the specialist for medical selection with the Luftwaffe range-finding unit, and all those detailed to these courses once more have to pass my examination. I therefore take the liberty to send to you from Schongau the method of selection as drafted by me. For this, I received the War Merit Cross, 2d Class, with Swords. It will not be a note for instruction but a draft for a lecture. I prefer to have it forwarded the direct way rather than that any SS officer should put it down in a mutilated way during my lectures. A similar instructional note was submitted to the Reich Ministry for Aviation.

Thanks to your generosity, the cancer research is progressing well, in spite of the war.

I do hope that you, highly esteemed Reich Leader, are in perfect health, in spite of your tremendous amount of work!

With my most hearty wishes, I am with
Heil Hitler!
[handwritten] Yours, gratefully devoted,
[Signed] S. RASCHER
[Handwritten] RUSH

TRANSLATION OF DOCUMENT 1582-PS
PROSECUTION EXHIBIT 45

LETTER FROM RUDOLF BRANDT TO RASCHER, UNDATED, INFORMING HIM THAT
PRISONERS WOULD BE MADE AVAILABLE FOR HIGH-ALTITUDE RESEARCH

AK/104a/LO Bra/V [Stamp unintelligible May 2 (?) 1941] SS Untersturmfuehrer Sigmund Rascher M. D. Munich Trogerstr. 56 Dear Dr. Rascher:

Shortly before flying to Oslo, the Reich Leader SS gave me your letter of 15 May 1941, for partial reply.

I can inform you that prisoners will, of course, be gladly made available for the high-flight researches. I have informed the Chief of the Security Police of this agreement of the Reich Leader SS, and requested that the competent official be instructed to get in touch with you.

I want to use the opportunity to extend my cordial wishes to you on the birth of your son.

I shall refer as soon as possible to the second part of your letter.

By order
Heil Hitler!
[initials] R BR [Rudolf Brandt]
SS Sturmbannfuehrer
[illegible markings]

TRANSLATION OF DOCUMENT 1581-A-PS
PROSECUTION EXHIBIT 48

LETTER FROM RUDOLF BRANDT TO SIEVERS, 21 MARCH 1942,
CONCERNING RASCHER’S PARTICIPATION IN HIGH-ALTITUDE
EXPERIMENTS

The Reich Leader SS Personal Staff

Journal No. AR 704/2 A/Bn.

[Stamp]
Personal Staff Reich Leader SS
Documentary Administration
Record number AR/704/2 A/Bn. 58
Fuehrer Headquarters, 21 March 1942

To the Reich Chief Manager [Reichsgeschaeftsfuehrer] of the “Ahnenerbe”

SS Obersturmbannfuehrer Sievers

Berlin—Dahlem

Dear Comrade Sievers,

I refer to your inquiry of 9 March 1942 B/151/r1 S/Wo—concerning Dr. Rascher.

Reference is made to the subatmospheric pressure experiments which are being carried out on concentration camp inmates in the Dachau camp by the air force. The Reich Leader SS has approved these experiments under the condition that SS Untersturmfuehrer Dr. Rascher, who is an Obersturmfuehrer of the air force, takes part in them. I am sure that Dr. Rascher will be able to give you further details.[22]

Heil Hitler!
[Signed] BRANDT
SS Sturmbannfuehrer

TRANSLATION OF DOCUMENT 1971-A-PS
PROSECUTION EXHIBIT 49

LETTER FROM RASCHER TO HIMMLER, 5 APRIL 1942, AND REPORT,
UNDATED, ON HIGH-ALTITUDE EXPERIMENTS

Sigmund Rascher, M. D.

5 April 1942
[Marginal note] Very interesting. 8-4-42.
[Apparently by Himmler]
Highly esteemed Reich Leader:

Enclosed is an interim report on the low-pressure experiments so far conducted in the concentration camp of Dachau. May I ask you respectively to treat the report as secret?

A few days ago Reich Physician SS [Reichsarzt SS] Professor Dr. Grawitz made a brief inspection of the experimentation plant. Since his time was very limited, no experiments could be demonstrated to him. SS Obersturmbannfuehrer Sievers took a whole day off to watch some of the interesting standard experiments and may have given you a brief report. I believe, highly esteemed Reich Leader, that you would be extraordinarily interested in those experiments. Is it not possible that on the occasion of a trip to southern Germany you have some of the experiments demonstrated to you? If the results so obtained by the experiments are confirmed by further experimentation, entirely new data will be secured for science; simultaneously, entirely new aspects will be opened to the Luftwaffe.

I hope that, thanks to the intended efforts of SS Obersturmbannfuehrer Sievers, the Luftwaffe will make no difficulties from now on. I am very much indebted to Obersturmbannfuehrer Sievers as he has shown a very active interest in my work in every respect.

I thank you respectfully, highly esteemed Reich Leader, for the generous realization of my proposition to conduct such experiments in the concentration camp.

With my best wishes for your personal well-being, I am

With Heil Hitler
Gratefully yours,
[Signed] S. RASCHER
_FIRST INTERIM REPORT ON THE LOW-PRESSURE CHAMBER
EXPERIMENTS IN THE CONCENTRATION CAMP OF DACHAU_

1. The object is to solve the problem of whether the theoretically established norms pertaining to the length of life of human beings breathing air with only a small proportion of oxygen and subjected to low pressure correspond with the results obtained by practical experiments. It has been asserted that a parachutist, who jumps from a height of 12 km. would suffer very severe injuries, probably even die, on account of the lack of oxygen. Practical experiments on this subject have always been discontinued after a maximum of 53 seconds, since very severe bends [Hoehenkrankheit] occurred.

2. Experiments testing the length of life of a human being above the normal breathing limits (4, 5, 6 km.) have not been conducted at all, since it has been a foregone conclusion that the human experimental subject [Versuchsperson—VP] would suffer death.

The experiments conducted by myself and Dr. Romberg proved the following:

Experiments on parachute jumps proved that the lack of oxygen and the low atmospheric pressure at 12 or 13 km. altitude did not cause death. Altogether 15 extreme experiments of this type were carried out in which none of VP’s died. Very severe bends together with unconsciousness occurred, but completely normal functions of the senses returned when a height of 7 km. was reached on descent. Electrocardiograms registering during the experiments did show certain irregularities, but by the time the experiments were over the curves had returned to normal and they did not indicate any abnormal changes during the following days. The extent to which deterioration of the organism may occur due to continuously repeated experiments can only be established at the end of the series of experiments. The extreme fatal experiments will be carried out on specially selected VP’s, otherwise it would not be possible to exercise the rigid control so extraordinarily important for practical purposes.

The VP’s were brought to a height of 8 km. under oxygen and then had to make 5 knee bends with and without oxygen. After a certain lapse of time, moderate to severe bends occurred and the VP’s became unconscious. However, after a certain period of accustoming themselves to the height of 8 km. all the VP’s recuperated and regained their consciousness and the normal functions of their senses.

Only continuous experiments at altitudes higher than 10.5 km. resulted in death. These experiments showed that breathing stopped after about 30 minutes, while in 2 cases the electrocardiographically charted action of the heart continued for another 20 minutes.

The third experiment of this type took such an extraordinary course that I called an SS physician of the camp as witness, since I had worked on these experiments all by myself. It was a continuous experiment without oxygen at a height of 12 km. conducted on a 37-year-old Jew in good general condition. Breathing continued up to 30 minutes. After 4 minutes the VP began to perspire and to wiggle his head, after 5 minutes cramps occurred, between 6 and 10 minutes breathing increased in speed and the VP became unconscious; from 11 to 30 minutes breathing slowed down to three breaths per minute, finally stopping altogether.

Severest cyanosis developed in between and foam appeared at the mouth.

At 5-minute intervals electrocardiograms from three leads were written. After breathing had stopped, the electrocardiogram was continuously written until the action of the heart had come to a complete standstill. About ½ hour after breathing had stopped, dissection was started.

_Autopsy Report_

When the cavity of the chest was opened the pericardium was filled tightly (heart tamponade). Upon opening of the pericardium 80 cc. of clear yellowish liquid gushed forth. The moment the tamponade had stopped, the right auricle began to beat heavily, at first at the rate of 60 actions per minute, then progressively slower. Twenty minutes after the pericardium had been opened, the right auricle was opened by puncturing it. For about 15 minutes, a thin stream of blood spurted forth. Thereafter clogging of the puncture wound in the auricle by coagulation of the blood and renewed acceleration of the action of the right auricle occurred.

One hour after breathing had stopped, the spinal marrow was completely severed and the brain removed. Thereupon the action of the auricle stopped for 40 seconds. It then renewed its action, coming to a complete standstill 8 minutes later. A heavy subarchnoid oedema was found in the brain. In the veins and arteries of the brain a considerable quantity of air was discovered. Furthermore, the blood vessels in the heart and liver were enormously obstructed by embolism.

The anatomical preparations will be preserved and so I shall be able to evaluate them later.

The last-mentioned case is to my knowledge the first one of this type ever observed on man. The above-described heart actions will gain particular scientific interest, since they were written down with an electrocardiogram to the very end.

The experiments will be continued and extended. Another interim report will follow after new results have been obtained.

[Signed] DR. RASCHER

TRANSLATION OF DOCUMENT 1971-C-PS
PROSECUTION EXHIBIT 50

LETTER FROM RUDOLF BRANDT TO RASCHER, 13 APRIL 1942,
REGARDING HIS SUCCESS WITH HIGH-ALTITUDE EXPERIMENTS

1174/42 BRa/V Fuehrer Headquarters, 13 April 1942 Top Secret SS Untersturmfuehrer Rascher, M. D. Munich, Trogerstrasse 56 Dear Comrade Dr. Rascher,

Your report of 5.4.1942 has been seen by the Reich Leader SS today. The tests on which SS Obersturmbannfuehrer Sievers gave a brief report interested him very much.

For the further tests I wish you a continuation of the success you have had so far.

Best regards also to your wife.

Heil Hitler!
Yours,
[Signed] B. [R.] BRANDT
SS Sturmbannfuehrer

TRANSLATION OF DOCUMENT 1971-B-PS
PROSECUTION EXHIBIT 51

LETTER FROM HIMMLER TO RASCHER, 13 APRIL 1942, REQUESTING
A REPETITION OF HIGH-ALTITUDE EXPERIMENTS ON PRISONERS
CONDEMNED TO DEATH

The Reich Leader SS Fuehrer Headquarters, 13 April 1942 SS Untersturmfuehrer Dr. Rascher Munich 27, Trogerstrasse 56 Dear Dr. Rascher:

I want to answer your letter with which you sent me your reports. Especially the latest discoveries made in your experiments particularly have interested me. May I now ask you the following:

1. This experiment is to be repeated on other men condemned to death.

2. I would like Dr. Fahrenkamp to be taken into consultation on these experiments.

3. Considering the long-continued action of the heart the experiments should be specifically exploited in such a manner as to determine whether these men could be recalled to life. Should such an experiment succeed, then, of course, the person condemned to death shall be pardoned to concentration camp for life.

Please keep me further informed on the experiments.

Kind regards and

Heil Hitler!
Yours
[Signed] H. HIMMLER

2. Chief of the Security Police and SD.

3. SS Brigadefuehrer Gluecks.

Copy for your information.

by order [I. A.]
[initialed] BR. [Rudolf Brandt]
SS Sturmbannfuehrer

TRANSLATION OF DOCUMENT 1971-D-PS
PROSECUTION EXHIBIT 52

TELETYPE FROM RASCHER TO RUDOLF BRANDT, 20 OCTOBER 1942,
REQUESTING CLARIFICATION ON THE PARDON GRANTED BY
HIMMLER

REICH SECURITY MAIN OFFICE Communication Communication No. 11194 Urgent RFSS Munich—Teletype No. 2020, 20 October 1942, 5:25 p. m. To: SS Obersturmbannfuehrer Dr. Brandt Field Command Post [Feldkommandostelle] Hegewald Highly esteemed Obersturmbannfuehrer:

Will you please clarify the following case with the Reich Leader SS as soon as possible?

In communication RFSS [Reich Leader SS] of 13-1-42 under paragraph 3 it is ordered that if prisoners in Dachau condemned to death live through experiments which have endangered their lives, they should be pardoned. As up to now only Poles and Russians were available, some of whom had been condemned to death, it is not quite clear to me yet as to whether the above-mentioned paragraph also applies to them, and whether they may be pardoned to concentration camp for life after having lived through several very severe experiments.

Please answer by teletype via Adjutant’s Office, RFSS, Munich.

Obedient Greetings,
Heil Hitler!
Yours
[Signed] S. RASCHER

TRANSLATION OF DOCUMENT 1971-E-PS
PROSECUTION EXHIBIT 53

TELETYPE FROM RUDOLF BRANDT TO SCHNITZLER, 21 OCTOBER 1942, CONCERNING
THE PARDON GRANTED BY HIMMLER

TELETYPE To SS Obersturmfuehrer Schnitzler Munich

Please inform SS Untersturmfuehrer Dr. Rascher with regard to his teletype inquiry that the instruction given some time ago by the Reich Leader SS concerning amnesty of test persons does not apply to Poles and Russians.

[Signed] BRANDT
SS Obersturmbannfuehrer
21 October 1942
Bra/Dr.

TRANSLATION OF DOCUMENT NO-218
PROSECUTION EXHIBIT 56

LETTER FROM RASCHER TO HIMMLER, 16 APRIL 1942, REPORTING ON
HIGH-ALTITUDE EXPERIMENTS WITH FATAL RESULTS AND ON EXPERIMENTS
CONDUCTED TOGETHER WITH ROMBERG

Munich, Trogerstrasse 56, 16 April 1942
Highly esteemed Reich Leader:

May I thank you for your letter of 13 April. I am delighted with the great interest which you, highly esteemed Reich Leader, are taking in the experiments and their results. I thank you for the inspiration you have given me in your letter.

The experiment described in the report of 4 April was repeated four times, each time with the same results. When Wagner, the last test person had stopped breathing, I let him come back to life by increasing pressure. Since test person “W . . .” was assigned for a terminal[23] experiment, as a repeated experiment held no prospect of new results, and since I had not been in possession of your letter at that time, I subsequently started another experiment through which Test Person Wagner did not live. Also in this case the results obtained by electrocardiographic registration were extraordinary.

In accordance with your orders, I tried to contact Dr. Fahrenkamp immediately upon receipt of your letter. However, I could not speak to him since he is laid up with angina. In a few days I shall ask again if Dr. Fahrenkamp is available.

Meanwhile, at times together with Dr. Romberg, I have carried out falling experiments from heights of from 16 to 20 kilometers. There, contrary to theoretical assumptions, it was proved that falling through space after jumping from an airplane in the stratosphere (pressure cabinplane) is quite possible, as after severe unconsciousness the test person regained complete consciousness in each case, at between 7 and 8 kilometers height when the parachute lever, installed in the chamber, was pulled.

Within the next few days, I shall report at length on these experiments as well as on the above-mentioned Test Person Wagner.

I also have a request to make: May I take pictures of the various dissection preparations in the dissecting room of the concentration camp to make a record of the strange formations of air embolism? In this connection, my wife has already written to SS Sturmbannfuehrer Dr. Brandt.

Highly esteemed Reich Leader, allow me to close by assuring you that your active interest in these experiments has a tremendous influence on one’s working capacity and initiative.

I am with devoted greeting and

Heil Hitler!
Yours gratefully devoted
[Signed] S. RASCHER

TRANSLATION OF DOCUMENT NO-264
PROSECUTION EXHIBIT 60

FILE NOTE FOR SS OBERSTURMFUEHRER SCHNITZLER, 28 APRIL 1942

Frau Rascher was here today in the office and stated the following to me for you in a few words:

Oberstabsarzt Dr. Weltz still insists on participation in the experiments and on full responsibility. If not, the assignment of Dr. Rascher to the Weltz Institute must be changed. Weltz personally is _not_ interested in these experiments. RLM [The Reich Air Ministry] asks Oberstabsarzt Dr. Weltz how long the experiments will last and whether it is justifiable to detail a medical officer for so long a time. RLM demands from Weltz an opinion on the experiments which he, however, cannot give, unless he is fully informed about them. Weltz will be in Berlin with Generaloberstabsarzt Hippke on Friday. Weltz demands a statement by Friday as to whether he should consider himself as still participating in the experiments, or whether it is requested that he should not participate in the experiments.

The assignment of Dr. Rascher must immediately be changed to “Assignment to Aviation Test Institute Berlin—Adlershof, Dachau Branch” (not Weltz Institute), because Weltz—as he stated—intends to cancel the assignment immediately, if he is not to participate in it.

_For personal confidential information_

Dr. Weltz confidentially informed Dr. Rascher that there is great mistrust against him in the RLM because of the experiments (SS membership); there is also animosity in the air force administrative command (Luftgau) Munich for this reason.

Munich, 28 April 1942. Gr.

TRANSLATION OF DOCUMENT NO-220
PROSECUTION EXHIBIT 61

LETTER FROM RASCHER TO HIMMLER, 11 MAY 1942, AND SECRET REPORT
CONCERNING HIGH-ALTITUDE EXPERIMENTS

Sigmund Rascher M. D. Munich, Trogerstrasse 56, 11 May 1942 Highly esteemed Reich Leader:

Enclosed I am forwarding a short summary on the principal experiments conducted up to date. A detailed report on the practical as well as the theoretical results will take some more time. I shall hurry. Since the material has to be processed the exploitation of the pathological preparations will take about ½ year though the Kaiser Wilhelm Institute for Brain Research will help us, I hope.

Tonight I succeeded in seeing Dr. Fahrenkamp who has relatively recovered. He appeared to be very interested and I think there will be a fine and fruitful cooperation. Dr. Fahrenkamp who has an enormous knowledge most amiably promised to help me in everything. He will give to you himself his opinion on my heart experiments. From our conversation I have had the impression that a great field of work will open up to me yet. I thank you, highly esteemed Reich Leader, for having opened these opportunities to me to such an extent.

Unfortunately, the extension of my assignment has not been settled yet; in accordance with the present regulations, my assignment will be terminated on 15 May.

Thanking you again, I am with most obedient greetings and

Heil Hitler!
Yours gratefully,
[Signed] S. RASCHER
Munich, 11 May 1942
_SECRET REPORT_

Based on results of experiments which up to now various scientists had conducted on animals only, the experiments in Dachau were to prove whether these results would maintain their validity on human beings.

1. The first experiments were to show whether the human being can gradually adapt himself to higher altitudes. Some 10 tests showed that a slower ascent without oxygen taking from 6 to 8 hours kept the functions of the senses of the various VP’s [Versuchspersonen—human experimental subjects] fully normal up to a height of 8,000 meters. Within 8 hours several VP’s had reached a height of 9.5 kilometers without oxygen when bends occurred suddenly.

2. Normally it is impossible to stay without oxygen at altitudes higher than 6 kilometers. Experiments showed however that after ascent to 8,000 meters without oxygen, bends combined with unconsciousness lasted only about 25 minutes. After this period the VP’s had mostly become accustomed to that altitude; consciousness returned, they could make knee bends, showed a normal electrocardiograph and were able to work (60 to 70 percent of the cases examined).

3. Descending tests on parachutes (suspended) without oxygen.

These experiments proved that from 14 kilometers on down severest bends occurred which remained until the ground was reached. The detrimental effects caused by these experiments manifested themselves at the beginning as unconsciousness, and subsequently as spastic and limp paralysis, catotomy, stereotypy, and as retrograde amnesia lasting several hours. About 1 hour after the end of the experiment the VP’s for the most part were still disoriented as to time and locality. The blood picture often showed a shift to the left; albumen and red and white blood corpuscles were regularly found in the urine after the experiment; cylinders were sometimes found. After several hours or days the blood and urine returned to normal. The changes of the electrocardiograph were reversible.

Contrary to descending tests on parachutes without oxygen, descending tests with oxygen were carried out from heights up to 18 kilometers. It was proved that on the average the VP’s regained the normal function of their senses at 12 to 13 kilometers. No disturbances of general conditions occurred during any of these experiments. Brief unconsciousness at the beginning of the experiment caused no lasting disturbances. Urine and blood showed only a slight change.

4. As the long time of descent on parachutes, under actual conditions, would cause severe freezing even if no detrimental effects were caused by lack of oxygen, VP’s were brought by sudden decreases in pressure with a cutting torch from 8 to 20 kilometers, simulating the damage to the pressure-machine of the high-altitude airplane. After a waiting period of 10 seconds, corresponding to stepping out of the machine, the VP’s were made to fall from this height with oxygen to a height where breathing is possible. The VP’s awoke between 10 and 12 kilometers and at about 8 kilometers pulled the parachute lever.

5. In experiments of falling from the same height without oxygen, the VP’s regained normal function of their senses only between 2 and 5 kilometers.

6. Experiments testing the effect of pervitin on the organism during parachute jumps, proved that the severe after-effects, as mentioned under No. 3, were considerably milder. The ability to withstand the conditions at high altitudes was only slightly improved, while the bends, since they were not noticed, occurred suddenly (restraint-loosening effects of pervitin).

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Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IChapter VII: Extracts From Argumentation and Evidence of Prosecution and Defense (3)

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