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fact that he failed to exercise his authority in an attempt to
stop or check criminal experiments, renders him guilty as charged.
In this connection the prosecution relies upon its Exhibit 457, a document
which bears date at Berlin, 14 September 1944. It is headed, "Commissioner
for Medical and Health Matters," followed by "The
Delegate for Science and Research." Below appears: "List of medical
institutes working on problems of research which were designated as urgent by
the discussion on research on 26 August 1944 in Beelitz.
"(Summary according to the 650 orders for research submitted to us.)"
The document then contains a list of research assignments
numbered "1" to "45." Numbers 42 and 44 read as follows:
"Strasbourg
"42. Hygiene Institute (Haagen) virus research
* * * * * *
"44. Anatomical
Institute (Hirt) Chemical warfare agents. "
The document bears Rostock's signature. Five of the problems
concern hepatitis research, and three, virus research.
It appears from the evidence that Rostock's duties included the avoidance of
duplication in the distribution of assignments for medical research. If the
head of the medical department of a branch of the Wehrmacht assigned to some
particular physician or institute a particular scientific or medical problem, a
copy of the assignment would be forwarded to Rostock, who would then coordinate
the matter by ascertaining whether or not that assignment was being worked on
by some other agency or whether it would lead to worthwhile results. Who
classified as "urgent" the 45 of the 650 orders for research does not
appear; but it may be assumed that Rostock approved that classification.
Doubtless Rostock knew that experiments on concentration camp inmates were
being conducted. He presided over the meeting of surgeons held in May 1943, and
there heard statements that experimental subjects had been artificially
infected. Doubtless he knew that the experiments were dangerous and that
further experiments would probably be conducted. However, it does not appear
that either Rostock or any subordinate of his directed the work done on any
assignment concerning criminal experiments. Certain of these experiments were
classified as
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