. ©MAZAL LIBRARY

NMT02-T0252


. NUERNBERG MILITARY TRIBUNAL
Volume II · Page 252
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Under date 15 July 1944, Poppendick wrote to Dr. Ding at the concentration camp Buchenwald as follows:
"By request of the Reichsfuehrer SS the Danish doctor SS Sturmbannfuehrer Dr. Varnet has been given opportunity to continue his hormone research with the SS, particularly the development of his artificial gland. The Reichsfuehrer SS anticipates certain results from the treatment of homosexuals with Varnet's artificial gland. The technical preparations have come to such a point that experiments on human beings can be started within a reasonable space of time.

"As SS Standarterfuehrer Dr. Lolling informed me, the concentration camp Weimar-Buchenwald has been directed to make available 5 prisoners for SS Sturmbannfuehrer Varnet's experiments. These prisoners will be made available to SS Sturmbannfuehrer Varnet by the camp physician at any time.

"SS Sturmbannfuehrer Varnet intends to go to Buchenwald shortly in order to make certain necessary preliminary tests on these prisoners. In case there will be special laboratory tests, you are requested to assist Varnet within the scope of your possibilities.

"Particulars on Varnet's research were sent today to the camp physician of Weimar-Buchenwald for his information."
There is evidence that during the summer of 1944 Dr. Varnet conducted the experiments referred to in Poppendick's letter. However, the nationality of the prisoners used for the experiments is not shown, nor has it been proved beyond a reasonable doubt that the experiments were harmful or caused death, or injury to the experimental subjects.

We have given careful consideration to the evidence concerning the charges made by the prosecution against the defendant Poppendick. Certainly the evidence raises a strong suspicion that he was involved in the experiments. He at least had notice of them and of their consequences. He knew also that they were being carried on by the SS, of which he was and remained a member.

But this Tribunal, however, cannot convict upon mere suspicion evidence beyond a reasonable doubt is necessary. The evidence is insufficient to sustain guilt under counts two and three of the indictment.

MEMBERSHIP IN A CRIMINAL ORGANIZATION

The defendant Poppendick is charged with membership in an organization declared criminal by the judgment of the International Military Tribunal, namely, the SS. Poppendick joined the

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