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| [infer...] ence that the defendants connived with SS doctors in their
criminal practices is dispelled by the fact that Farben discontinued forwarding
drugs to these physicians as soon as their improper conduct was suspected. We
find nothing culpable in the circumstances under which quantities of vaccines
were shipped by Farben to concentration camps, since it was reasonable to
suppose that there was a legitimate need for such drugs in these institutions.
The question as to whether the reports submitted to Farben by its testing
physicians disclosed that illegal uses were being made of such drugs revolves
around a controversy as to the proper translation of the German word
“Versuch” found in such reports and in the documents pertaining
thereto. The prosecution says that “Versuch” means
“experiment” and that the use of this word in said reports was notice
to the defendants that testing physicians were indulging in unlawful practices
with such drugs. The defendants contend, however, that “Versuch,” as
used in the context, means “test” and that the testing of new drugs
on sick persons under the reasonable precautions that Farben exercised was not
only permissible but proper. Applying the rule that where front credible
evidence two reasonable inferences may be drawn, one of guilt and the other of
innocence, the latter must prevail, we must conclude that the prosecution has
failed to establish that part of the charge here under
consideration. |
| |
| Farben and the Slave-Labor Program |
| |
The prosecution does not contend that Farben instituted a
slave-labor program of its own. On the contrary, it is the theory of the
prosecution that the defendants, through the instrumentality of Farben and
otherwise, embraced, adopted, and executed the forced-labor policies of the
Third Reich, thereby becoming accessories to and taking a consenting part in
the commission of war crimes and crimes against humanity in violation of
Article II of Control Council Law No. 10. This, therefore, calls for a brief
resumé of the slave-labor program of the Reich Government during the war
years. For this purpose we may rely upon the judgment of the IMT, since Article
X of Military Government Ordinance No. 7 provides that, before these Tribunals,
the “statements by the International Military Tribunal in the judgment in
Case No. 1 constitute proof of the facts stated, in the absence of substantial
new evidence to the contrary.” The findings of the IMT with respect to the
criminal character of the slave-labor program of the Third Reich were not
challenged in this trial.
From the judgment of the IMT, we may deduce
that by the end of 1941 Germany had achieved effective dominion over
territories with an aggregate population of 350,000,000 people. In the early
stages of the war an effort was made to obtain, on a voluntary basis,
sufficient foreign workers for German industry and agriculture to replace those
who were drafted into military service, but by 1940 |
1172 |
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