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can
be nothing said in mitigation of such conduct. To the extent that the crimes
committed by Hoven were not war crimes, they were crimes against humanity.
MEMBERSHIP IN CRIMINAL ORGANIZATION
Under count four of the
indictment the defendant is charged with being a member of an organization
declared criminal by the judgment of the International Military Tribunal,
namely, the SS. The evidence shows that Hoven became a member of the SS in
1934, and remained in this organization throughout the war. As a member of the
SS he was criminally implicated in the commission of war crimes and crimes
against humanity, as charged under counts two and three of the indictment.
CONCLUSION
Military Tribunal I finds and adjudges the defendant
Waldemar Hoven guilty, under counts two, three and four of the indictment.
BEIGLBOECK The defendant Beiglboeck is charged under counts two and three of
the indictment with personal responsibility for, and participation in Sea-Water
Experiments.
The defendant Beiglboeck, an Austrian citizen, was a
captain in the medical department of the German Air Force from May 1941 until
the end of the war. In June 1944, while stationed at the hospital for
paratroopers at Tarvis [Tarvisio], Italy, he received orders from his military
and medical superior, defendant Becker-Freyseng, to carry out sea-water
experiments at Dachau.
The sea-water experiments have been described in
detail in those portions of the judgment dealing with defendants Schroeder and
Becker-Freyseng.
The defendant Beiglboeck testified that he reported to
Berlin at the end of June 1944, where Becker-Freyseng told him the nature and
purpose of the experiments. Upon that trip he also reported to and talked with
the defendant Schroeder. From these conversations he learned that the prime
purpose of the experiments was to test the process developed by Berka for
making sea water potable and also to ascertain whether it would be better for a
shipwrecked person in distress at sea to go completely without sea water or to
drink small quantities thereof.
It appears from the record that the
persons used in the experiments were 40 gypsies of various nationalities who
had been formerly at Auschwitz but who had been brought to Dachau
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