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Nazi Conspiracy and Aggression Volume IV
Document No. 2232-PS
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PARTIAL TRANSLATION OF DOCUMENT 2232-PS
GERMAN ADMINISTRATIVE LAW [Deutsches Verwaltungsrecht] by Dr. Hans Frank. Published by: Central Publishing House of the NSDAP Franz Eher Successor, Munich. [Pages 420, 421, 424, 425, 430]
Task and Means of a Political Police.
a. The Task
The task of a political police in the sense of the National Socialist conception of this institution has been formulated best so far in Section 1 of the Prussian law concerning the Secret State Police of 10 February 1936 (Prussian law collection, 1936, p. 21): "The Secret State Police has the task of investigating and fighting all attempts dangerous to the State, of collecting and evaluating the result of the inquiries, of informing the State Government and of keeping the other authorities currently informed on important facts pertaining to them and of supplying them with suggestions." This formulation also outlines the task of Political Police Systems in other German countries for which this task assignment is to be concluded from the National Socialist conception of a Political Police, since a legal formulation is mostly missing.
b. All attempts dangerous to the State are subject to the activity of the Political Police. "Dangerous to the State" is more than "hostile to the State" and includes not only undertakings with programs hostile to the State but also all attempts-no matter what their aim-which in their effects endanger the State.
Not the State in its outward organic appearance but the tasks of the leadership in the sense of the National-Socialist idea is the object of protection. It is the task of the National Socialist leadership to preserve and to develop all national values. These being endangered, the Political Police is called upon for protection against the endangering attempts, e.g. if there is any danger:
to the State leadership and structure of the State by intentions of terror and revolutionary plans,
the National Socialist leadership to preserve and to develop all national values. These being endangered, the Political Police is called upon for protection against the endangering attempts, e.g. if there is any danger: to the State leadership and structure of the State by intentions of terror and revolutionary plans,
to the Armed Forces and the forces of defense by espionage and (intellectual and technical) sabotage,
to the people's community and the state principles by disintegration and instigation,
to the people's health and blood purity by moral corruption (e.g. offenses according to Section 175 of the Reich penal code) and racial disgrace,
to the ideological unity of the people by intellectual poisoning and distortion (e.g. by "Jehovah's Witnesses" and other sects).
A complete catalogue of "attempts dangerous to the State" can never be drawn up because it can never be foreseen what may endanger leadership and people sometime in the future. National Socialist recognition of threatening danger and National Socialist knowledge of responsibility will understand and fulfill the duties of the Political Police according to the real necessities in any political situation.
b. The lawful means for preventive police measures of the Political Police have not been regulated legally. They cannot be regulated, for the preventive police duties of the Political Police-and the means necessary for their performance-cannot be described and standardized for all time.
The duties of the Political Police and the necessary means for their performance are not chosen freely but are prescribed by the foe. Just as the operations of an army against the outward enemy and the means to fight this enemy cannot be prescribed, so the Political Police also must have free hand in the choice of the means necessary at times to fight attempts dangerous to the State.
are not chosen freely but are prescribed by the foe. Just as the operations of an army against the outward enemy and the means to fight this enemy cannot be prescribed, so the Political Police also must have free hand in the choice of the means necessary at times to fight attempts dangerous to the State.
Since the National Socialist revolution, the powers of the Political Police in a legally positive respect are derived immediately from the new conception of the State and the resulting conception of the duties of a police force. According to this conception the duty of the Political Police, due to its nature, is to fight all attempts dangerous to the State. And it thus has the right to take all necessary measures for this fight as long as there are not any expressly contrary regulations. This conception is confirmed by the decree of the Reichspresident for the Protection of People and State of 28 February 1933 (RGBI I, P. 83) by which the so-called basic rights of the Weimar Constitution have been abrogated. This means that ever since, every State institution-particularly the Political Police-may take measures in the performance of its duties which were barred before by those basic rights.
"The decree for the Protection of People and State of 28 February 1933 has eliminated the negative law barriers of the State power. The positive competence of the police to restrict liberty of any kind, especially to order protective custody, results already from the character of the function which the Police in the National-Socialist State has to perform." (Dr. Walter Hamel: "The Police in the National-Socialist State," German lawyers' newspaper of 15 March 1935, col. 326.)
the police to restrict liberty of any kind, especially to order protective custody, results already from the character of the function which the Police in the National-Socialist State has to perform." (Dr. Walter Hamel: "The Police in the National-Socialist State," German lawyers' newspaper of 15 March 1935, col. 326.)
According to kind and purpose the measures taken by the Political Police can logically be subject to a check only by their own channels of administrative supervision. This is recognized for instance in Section 7 of the Prussian law concerning the Secret State Police of 10 February 1936 by the stipulation: "Orders in matters of the Secret State Police are not subject to the check of the administrative courts." IN its decision of 2 May 1935 (III C 43/35) the Prussian High Court of Administration had already come to the same conclusion, before the decree of 10 February 1936 was issued, by reason of the legal situation in Prussia. Also for the other German countries-if not expressly settled to the contrary-and for a future Reich regulation the principle has to be maintained that measures of the Political Police can be checked only by their own channels of administrative supervision. In view of the tasks and means of the Political Police which cannot be standardized individually, there can be no legal backing for a court decision. Any agency outside of the Political Police must lack the necessary expert knowledge for a decision by way of administrative supervision.
f. The Secret State Police administers the State Concentration Camps through the Inspector of the Concentration Camps who is affiliated with the Office of the Secret State Police.
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Nazi Conspiracy and Aggression Volume IV
Office of the United States Chief Counsel for Prosecution of Axis Criminality
Washington, DC : United States Government Printing Office, 1946
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Nazi Conspiracy and Aggression Volume IV Document No. 2233-A-PS - 2233-CC-PS Previous Document Volume IV Menu Next Document TRANSLATION OF DOCUMENT 2233-A-PS - 2233-CC-PS PARTIAL TRANSLATION OF DOCUMENT 2233-A-PS FRANK DIARY, Meetings of Departmental Chiefs in 1939/40 [Abteilungsleitersitzungen 1939/40] Minutes of the 1st conference of the Departmental Chiefs on the 2nd December 1939. [Page 3, line 4-13] The condemning to death of an archbishop and bishop gives cause to the fundamental observation that a total war against any kind of resistance is being waged in the Government General. The two bishops have been condemned quite rightly, because arms were found in their possession. If, despite that, they were pardoned to hard labor, then certain other considerations were the cause for that. Reports by the press concerning the shooting of Jews are not desirable because such reports would intimidate the Jews. Minutes of the 2nd conference of the Departmental Chiefs on the 8th December 1939. [Page 4, par. 1 and 2] The question of forced labor for the Jews could not be solved satisfactorily from one day to the other. Prerequisite for this would be the card indexing of the male Jews from 14 to 50 years of age. In this it had to be ascertained which trade the Jews had so far carried on, because just in those territories the Jews had had various skilled trades, and it would be a loss if this manpower would not be usefully exploited. To do this, sweeping planning is necessary. For the time being the Jews had to be gathered in columns and had to be employed wherever there was a pressing need. It is the task of the chief of the district to determine these needs. The police was being reenforced by 4 police battalions. The commitment would be such that each government section was to receive one battalion. Moreover, it was ordered that the police battalions in the Gouvernment General would be relieved and interchanged from time to time with battalions from home. Already before Xmas the relief of 4 battalions would take place. No insecurity would result. [Page 7, 2 last paragraphs] Governor Dr. Lasch called attention to the fact that the order of the Governor General regarding the institution of compulsory work provided, that Poles from their 18th year upward were to be
from home. Already before Xmas the relief of 4 battalions would take place. No insecurity would result. [Page 7, 2 last paragraphs] Governor Dr. Lasch called attention to the fact that the order of the Governor General regarding the institution of compulsory work provided, that Poles from their 18th year upward were to be conscripted for compulsory labor. A regulation of the age groups from 14 to 18 would also be desirable. One should not neglect the danger that particularly the youth of this age group in high schools could become a source of national resistance. Governor General Reich Minister Dr. Frank orders the preparation of a supplementary decree, according to which the compulsory labor was to be extended to the age groups from 14 to 18. Meeting of Departmental Chiefs at the Bergakademie (Academy for mines). Friday, 10th May 1940 [Page 23, par. 1] Then the Governor General deals with the problem of the Compulsory Labor Service of the Poles. Upon the demands from the Reich it has now been decreed that compulsion may be exercised in view of the fact that sufficient manpower was not voluntarily available for service inside the German Reich. This compulsion means the possibility of arrest of male and female Poles. Because of these measures a certain disquietude had developed which according to individual reports, was spreading very much, and which might produce difficulties everywhere. General Fieldmarshal Goering some time ago pointed out in his long speech the necessity to deport into the Reich a million workers. The supply so far was 160,000. However, great difficulties had to be overcome. Therefore it would be advisable to consult the district and town chiefs in the execution of the compulsion, so that one could be sure from the start that this action would be reasonably successful. The arrest of young Poles when leaving church service or the cinema would bring about an ever-increasing nervousness of the Poles. Generally speaking, he had no objections at all if the rubbish, capable of work yet often loitering about, would be snatched from the streets. The best method for this, however, would be the organization of a raid, and it would be absolutely justifiable to stop a Pole in the street and to question him what he
had no objections at all if the rubbish, capable of work yet often loitering about, would be snatched from the streets. The best method for this, however, would be the organization of a raid, and it would be absolutely justifiable to stop a Pole in the street and to question him what he was doing, where he was working, etc. TRANSLATION OF DOCUMENT 2233-B-PS FRANK DIARY, 1940 1st Vol., January-March. [Page 18, 3rd paragraph] Thursday, January 11th 1520 Section Chief Dr. Frauendorfer reports to the Governor General on the possibilities and the extent of the transport of workers into the Reich. The German State Railway sends daily 10 transports, each carrying 1000 workers. Beginning with January 15, these transports, which were stopped temporarily-will be taken up again. In regard to the project of re-settlement, it should be avoided, that it be carried out further in the brutal manner which has prevailed up till now, because otherwise it is to be feared that people will not volunteer any more to go into the Reich, and also because of the way in which the re-settlement is carried out, the possibility of using these people in the Reich will be impaired. As an extra allowance for the unemployment pay the Reich Ministry for labor has held out the prospect of an additional sum of 3 million Reichmarks a month. [Pages 183-184] March 7th, 1940 Citadel of Cracow 1645 Conference with SS Brigadier General Schreckenbach 1650 Attache Dr. Albers is introduced by Concillor of Legation v. Grolinan to the Governor General 1700 Conference with Brigadier General Buehrmann, Stabsleiter Reichert, Reichhauptamtsleiter Dr. Frauendorfer, and 2 special advisors. Subject of the discussion is the question of the shipment of Polish agricultural workers into the Reich. Brigadier General Buehrmann started by saying that Stabsleiter Reichert has been appointed by the Reich Food Ministry, to make sure, that Polish workers would be sent into the Reich under all circumstances, and-if necessary-a compulsory service should be enforced upon them. Brigadier General Buehrmann would like to recommend, that the Governor General-for the time being does not make any decision for the introduction of a compulsory service or employment of force against the Polish agricultural workers.
all circumstances, and-if necessary-a compulsory service should be enforced upon them. Brigadier General Buehrmann would like to recommend, that the Governor General-for the time being does not make any decision for the introduction of a compulsory service or employment of force against the Polish agricultural workers. Stabsleiter Reichert emphasizes that Berlin insists that the one million agricultural workers be sent into the Reich. Reichshauptamsleiter Dr. Frauendorfer replies to a question of the Governor General, that so far 81,477 Polish agricultural workers were sent into the Reich-of which 56,721 were men, and 24,756 women. Since 12 February, 154 special trains have been sent off, that was the utmost that could have been accomplished in this time. To these figures-just mentioned-are to be added 42,000 workers, who had been already in the Reich so that the amount is increased to 130,000. The Governor General has the opinion, that the 480,000 prisoners of war should also be included in the sum of one million. On account of the railroad and the highway conditions, it is not at present possible to do anything by force, also there were not sufficient police forces there at disposal, to carry such measures out. If any force were exercised, then it would affect workers who were employed as specialized workers for the plants. Stabsleiter Reichert asks-if the occasion arises-that superior offices should make the decision in this question. Cracow Wednesday, March 6th 1940 10:00 Conference with Ministerial-Director Dr. Buchler. 10:50 Conference with bank-director Dr. Paerscl. 11:00 Conference with Reichshauptamtsleiter Dr. Frauendorfer. Reichshauptamtsleiter Dr. Frauendorfer reports, that 73,000 Polish workers have been sent now into the Reich. At present 4,000 men are transferred daily. Further, Dr. Frauendorfer reports on the organization in the plants. It is as simple as possible. On Monday, he visited a few plants in Warsaw, and he could only say that they all were running excellently, this applies also to the machinery. Kitchens were also installed everywhere now and furthermore, the necessary quantities of soap had been provided. 5,000 sets of underwear and linen, 32,000 Kg. flour, 4,000 Kg. of beef and of pork and other
Warsaw, and he could only say that they all were running excellently, this applies also to the machinery. Kitchens were also installed everywhere now and furthermore, the necessary quantities of soap had been provided. 5,000 sets of underwear and linen, 32,000 Kg. flour, 4,000 Kg. of beef and of pork and other merchandise had been distributed. The Governor-General ordered that the exact figures should be published in the press. Now, as before, he thinks that the soup given out daily was one of the best solutions, for the problem of the welfare for the working men. Reichshauptamtsleiter Dr. Frauendorfer remarks that this soup is being served daily now with one pound of bread. The Governor-General will not out of basic considerations give his consent to the proposal that an introductory note should be added to the 2nd decree for the regulation of social insurance, but he thinks it better to point out in a suitable way, that the chief of the labor section has given an explanation about it to the press chief. In this conference the question of the sending of Polish agricultural workers into the Reich was then discussed. Here, Dr. Frauendorfer points out that workmen from the Lublin area had never gone to the Reich before, from which naturally certain difficulties arise. Besides numerous letters from the agricultural workers to their families had already come from the Reich, in which the Polish agricultural workers expressed themselves very gratefully concerning their treatment in Germany. The Governor-General orders that some of these letters should be published in the press. [Page 216] 15 March 1940 Conference with ambassador in Wuehlisch. 18:30: Ambassador v. Wuehlisch reports that the preparations for the transport of the Vert Stoss Altar to Nurnberg have been completed. The church really looked better, due to the space gained by the removal of the altar. Ambassador v. Wuehlisch reported furthermore, that the former ambassador Wysoski had asked again for an audience with the Governor-General. The Ambassador v. Ruemelin had been asked to make a request that he be taken into the service of the Government-General. [Page 216, last 12 lines.] The question of the Polish relief committee the Security service wrote to Mr. Arlt, and pointed out, that the head of this
audience with the Governor-General. The Ambassador v. Ruemelin had been asked to make a request that he be taken into the service of the Government-General. [Page 216, last 12 lines.] The question of the Polish relief committee the Security service wrote to Mr. Arlt, and pointed out, that the head of this organization Count Radziwill, participated in Silesian revolt, that he supported Korfanty and that he also was supposed to have disloyal remarks about the Reich. The ambassador v. Wuehlisch asked Arlt, to proceed very carefully in this matter, before expelling Count Radziwill from the relief committee because such a procedure might have disagreeable consequences. Under any circumstances, the consent of the Governor-General would be necessary for this. The so-called Polish Government in anger has completed a "White Book" which deals with the arch-diocese of Posen and Suesen. The governor General said that he discussed this question with the Papal Nuncio in Berlin. He gathered from this conversation that a great deal was said about the treatment of the churches and apparently it was attempted to push many things off into the government general, for which it was not at all responsible. Ambassador v. Wuehlisch thinks it worth while that those and similar questions be discussed in Berlin. Such negotiations would have to be handled through the foreign office. The Governor General said that he had long conferences with the Ministry of Finance and with the representatives of the Reich Food Ministry. It was requested there very urgently, that the Polish agricultural workers be sent in greater quantities to the Reich. In Berlin he explained that if he were asked to do so, he could naturally exercise some compulsion in perhaps such a way, that he might have the police surround a village and bring out the men and women in question by force, and then send them to Germany. But besides these police measures one also could proceed by withholding unemployment relief for the workers in question. Ambassador v. Wuehlisch discussed then certain violations of the border which occurred at the Soviet frontier. By request of the Reich Minister of Finance and by request of the Armed Forces High Command representation had been made in Moscow evidently for the reason
unemployment relief for the workers in question. Ambassador v. Wuehlisch discussed then certain violations of the border which occurred at the Soviet frontier. By request of the Reich Minister of Finance and by request of the Armed Forces High Command representation had been made in Moscow evidently for the reason that the Soviet border guards always employed their firearms immediately. It was suggested that such incidents be straightened out right away on the spot. The deputy foreign commissar Potemkin suggested that liaison officers should be appointed by both sides for this purpose. The liaison staff Russia should serve as central office. The Governor General does not consider this method practicable and he feels that here also the Government General should be unhindered, he requested that the ambassador v. Wuehlisch confer on this question with the Secretary of state Dr. v. Wuehlisch. This question did not only concern the Wehrmacht but also for example the customs administration, for this reason representatives of the Ministry of finance must also cooperate in this matter. Ambassador v. Wuehlisch draws attention to the fact that the customs officials are subordinated to the Wehrmacht. The Governor General points out, that a superior office would not make any decision. In this matter the decision would be up to him. For the time being one must try to reach the goal by employing different means. For instance letters might be published, that were sent from the Reich, written by Polish workers to their families. If the occasion arises, such compulsory decree should not be announced publicly. Reichshauptamtsleiter Dr. Frauendorfer confirms, on the basis of his experiences, that in many cases there was no possibility of employing recruiters from the Reich. On account of the snowfall, the passenger cars could not be used, and by using field sleighs, the recruiters could have travelled not more than 60 km. daily. Also, the Warsaw district was never really an emigration-area for Polish agricultural workers. It has to be observed, that unfortunately the agricultural workers have medical certificates or statements made out by the words, which purport to say that they are not fit for service. Other workers took refuge into the woods. Often complaints were expressed, that the