20 Dec. 45
they went into that field of activity and the authority
for taking people into protective custody — alleged protective
custody.
THE PRESIDENT: I think that has been proved more than once in the
preceding evidence that we have heard.
COL. STOREY: There is one more law I would like to refer to, that is,
it's not subject to judicial review-unless that has been established. I
do not know whether Major Farr did that, or not.
THE PRESIDENT: That they are not subject to judicial review?
COL. STOREY: Review, yes.
THE PRESIDENT: I think you have told us that already this afternoon.
COL. STOREY: The citation is in the Reichsverwaltungsblatt of
1935, Page 577, which is Document 2347-PS. I would like, if Your Honors
please, to refer to this quotation from that same law.
The decision of the Prussian High Court of Administration on the 2d of
May 1935 held that the status of the Gestapo as a special Police
authority removed its orders from the jurisdiction of the administrative
tribunal, and the court said in that law that the only redress available
was by appeal to the next higher authority within the Gestapo itself.
THE PRESIDENT: I think you told us that, apropos of the document of the
10th of February 1936, where you said the Secret State Police was not
subject to review by any of the state courts.
COL. STOREY: I just did not want there to be any question about the
authority. I refer Your Honors to Document 1852-PS, which is already in
evidence as Exhibit USA-449, also stating that theory, and also Document
1723-PS. That is the decree, Your Honor, of February 1, 1938, which
relates to the protective custody and the issuance of new regulations;
and I would like to quote just one sentence from that law:
"In order to counter all attempts of
the enemies of the people and of the State, protective custody may be
ordered as a coercive measure of the Secret State Police against
persons who, through their attitude, endanger the life and security of
the people and the State."
And the Gestapo had the exclusive right to order protective custody and
that protective custody was to be executed in the State concentration
camps.
Now I pass to another phase where the SD created an organization of
agents and informers who operated through the various regional offices
throughout the Reich and later in conjunction with