Dead "Night and Fog" Prisoners

[David Thompson]

Document 668-PS, in Nazi Conspiracy and Aggression, vol. III, US Government Printing Office, District of Columbia: 1946, pp. 476-478

TRANSLATION OF DOCUMENT 668-PS

Copy
Chief of the Security Police and the SD—IV D 4—103/42 g — Berlin SW 11, Prinz-Albrecht Street 8, 24 June 1942 SECRET

To the Chief of the Supreme Command of the Armed Forces for the attention of the Oberregierungsrat DOWALDT or his acting deputy.
Berlin W 35, at Tirpitzufer 72—76

Subject: Prosecution of punishable offences against the Reich or the occupation forces in occupied territories.
Reference: Circular dated 16 April 1942—14 n 16.18 WR (I3/4) Nr 242/42 g.

By virtue of the above-named edict a considerable number of

476

persons who were arrested in the occupied district of France have been transferred to camp Hinzert at Trier, pending commencement of the main proceedings before the competent special court in Cologne.

The 67-year old Frenchman, Louis Adolf Rousseau, died here recently of a stroke.

Thus the question has arisen—which has not been settled until now—as to what steps are to be taken in such cases of death.

It is the intent of the general directions of the Fuehrer and supreme commander of the Wehrmacht concerning prosecution of punishable offences against the Reich or the occupation forces in occupied territories, dated 7 December 1941, to create, for deterrent purposes, uncertainty about the fate of prisoners among their relatives and acquaintances, through the deportation into Reich territory of persons arrested in occupied areas on account of anti-German activity.

This goal would be forfeited if the relatives were to be notified in cases of death. Surrender of the body for burial at home is inadvisable for the same reason, and also because the place of burial could be misused for demonstration purposes.

I therefore propose that the following general rule be decided upon for cases of death ;

a. Notification of relatives is not to take place.
b. The body is buried at the place of death, in the Reich.
c. The place of burial is not made known for the time being.

In the case of the deceased Frenchman Rousseau, I have given orders which accord with the above proposal and I will do likewise in the future pending a decision by you.

PP.
[signature illegible]

************************************************

SECRET Supreme Command of the Armed Forces
Berlin W 35, Tirpitzufer 72—76, July 13, 1942 14 m 16.18 WR (I3/4), No. 562/42 g
To the Chief of the Security Police and Security Service Berlin SW11, Prinz Albrecht Str. 8
[Pencil alteration]
[Pencil note—]
E46 E8/46 38/42
Reich Ministry of Justice 16th July 1942
Section

477

668-PS

By way of information to:
Supreme Command of the. Army
Supreme Command of the Navy
Reich Minister of Air Transportation and Commander-in-'Chief of the Air Forces
President of the Reich Court Martial
Reich Minister of Justice
Armed Forces Operations Staff/Headquarters

Subject: Prosecution of punishable offences against the Reich or the occupation forces in the occupied territories.. Reference: — IV D 4 — 103/42 g — of June 24, 1942.
1 enclosure.

The supreme command of the armed forces agrees to the suggested treatment of cases of death. The decree of April 16, 1942 will in due course be supplemented accordingly.

The Chief of the Supreme Command of the Armed Forces
Per : Dr. Lehmann
[Handwritten note—largely-undecipherable]
(Stamp of the Supreme Command of the Armed Force
Checked : Bachmann,
Justizoberinspektor d.Lw. IV a 863/42 g

[Handwritten note]

1. Note: Procedure in cases of death has already been laid down by IX para. 5 of the draft of a second order for the carrying out of the general directions * * * of decree of the OKW dated 16.4.42.

In my opinion the case of death quoted in the letter of Reichfuehrer—SS dated 24.6.42 precludes the necessity of supplement to the draft, mentioned.

2. Submit to me 3.8.

RM 29.7. Submitted to OBGK (?) Dr. V. Ammon 3.8.

[stril]

Hello
I dont know if the translation is the original "Nacht und Nebel" erlass.
But i have understand that it was effective from mid/autumn 1941.
One of those that signed it was Keitel, it was also one of the reason why he ended his life at the end of a rope.
The numbers of NN prisoners is estimated to around 7000, 5000 from France, aprox 1000 from Norway, and the last 1000 from Netherland and Belgium
regards
stril

[David Thompson]

stril -- For more on this subject see:

Other war crimes -- The "Night and Fog Decree"
viewtopic.php?t=54699 and

Night & Fog Prisoner: Testimony of Hans Cappelen
viewtopic.php?t=63095

[David Thompson]

From Document D-569, in Nazi Conspiracy and Aggression, Volume VII, US Government Printing Office, District of Columbia: 1947. pp. 74-87.

SS Economic Administrative Head Office
Department Group D Concentration Camps
Oranienburg, 11 February 1943.
D I/1 /File: 14 c 2 /Ot./ U.
Secret Journal No. 111/43

Secret

Concerns: Prisoners who come under the "KEITEL-Decree".

Reference: The present circular decree D I/File: 14 c 2/Ot./U. Secret journal No. 551/42 of 18 August 1942.

Enclosures: None.

To the Camp Commandants of the Concentration Camps. DA., SAH., BU., MAU., FLO., NEU., AU., GR.-RO., NATZ., NIE., STU., HERZ., RAV., and Prisoners of War Camp, Lublin.

From the Camp Commandant of a Concentration Camp, the wife of a deceased French prisoner, who was expressly mentioned in the dossier as prisoner in the matter "PORTO" [postage ?], the death certificate was sent direct to the wife, so that she would receive information of his death.

I once again draw attention, with special emphasis, to the fact that the extract from the Night and Fog Decree sent with the above referred to secret communication is to be most strictly followed. The object of the Night and Fog Decree is to leave third persons in the Occupied Territories in uncertainty as to the whereabouts of prisoners transferred to the Reich. This also includes the fact that the relatives may not learn anything when such prisoners die in concentration camps.

The whole of the correspondence concerning prisoners who come under the Night and Fog Decree is to be carried out exclusively with the competent office of the Security Police as "Secret". Neither any civilian persons nor any other offices are to learn anything regarding the whereabouts of Night and Fog Decree prisoners.

It is the duty of the Camp Commandants to see that the above order is carried out.

The Chief of the Central Department
SIGNATURE
Lieutenant-Colonel of SS Troops.

****************************************

SS Economic Chief Administration Office
Branch Office "D" Concentration Camp.
Oranienburg, 7 June 1943

SECRET D I/1 /Az.: 14 c 2/Ot/B
Secret Journal No. 743/43.

Concerns: Treatment of Prisoners under the "NN" (Night and Fog) Decree.

Reference: Reich Security Office IV c 2 Gen. No. 103/42 g of 31 May 1943.
Enclosures: None.

To the Camp Commandant of the Concentration Camp. Da., Sah., Bu., Mau., Flo., Neu., Au., Gr-Ro., Natz., Stu., Rav., Herz., Ri., Lub. and Zil-Bergan, Belsen.

The following decree of the Reich Security Head Office concerning treatment of "N.N.") (Night & Fog) prisoners is sent for information and strictest observance.

The "N.N." decree is intended to eradicate all forces inimical to Germany in the Occupied Territories and to effect their transfer to the Reich. The relatives and the population are to be kept in uncertainty as to the fate of these persons. In order to achieve this, the "N.N." prescribes that the receipt of all letters, mail or parcels, permission for interviews and issue of information is forbidden for this class of prisoner. It is immaterial whether the "N.N." prisoner is of the old or new style. "N.N." prisoners, old style, are those who have been handed over by the military courts to the directional centres for transfer to the Reich, whereas the new style "N.N." prisoners are those who have been transported to the concentration camps within the Reich direct by the Arrest Service of the Security Police and the Security Service, without the participation of the military courts.

The competent offices of the Security Police and Security Service have received instructions to fill in a form concerning every prisoner coming under the "N.N." regulation, specifying the particulars, racial origin, reason for arrest, former place of residence and other data of interest, and to forward it to the eventual concentration camp. These forms must be furnished with the "Nacht und Nebel" stamp [Night and Fog].

On receipt of the reports of the Security Police and Security Service Offices, with the forms attached, a collective order for arrest will be issued from here (i.e. Head Office) and the offices will be further instructed to transfer the prisoners to a concentration camp.

Where "N.N." prisoners of German race are concerned, these will be directed exclusively to the Natzweiler Concentration Camp. In all other cases the "N.N." prisoners will be allocated to any other concentration camp, according to the location of the allocating Office of the Security Police or the Security Service, and with relation to the graded participation and available accommodation of the various camps.

The Camp Commandants of the Concentration Camps already containing "N.N." prisoners will immediately proceed with the examination of these prisoners from the point of view of their racial origin, and will transfer the "N.N." prisoners of German origin to the Natzweiler Concentration Camp. Compliance with this instruction will be reported in every individual case on the appropriate form. The Camp Commandant of the Natzweiler Concentration Camp will see to it that the "N.N." prisoners are accommodated separately from the other prisoners. For the rest the principles of the RSHA -- Reference IV D 4 -- sent with Secret Letter No. 551/42 of 18 August 1942, will be applicable.

It is further ordered -- as already decreed by Circular of 11 February 1943 Secret Journal No. 111/43 -- that announcements of deaths of "N.N." prisoners will be issued only to the office of the Security Police or Security Service allocating the prisoner, to the RSHA, and to the local Office, in order to prevent the whereabouts of "N.N." prisoners from becoming known. In this respect the regulations issued for procedure to be observed in eases of death, particularly the notification of relatives, are cancelled. The effects of a deceased "N.N." prisoner will be sent without exception to the Office of the original allocation of the prisoner, which will keep them in their care until further orders.

The Chief of the Central Office
[signature illegible]
SS Obersturmbannfuehrer

********************************************

SS Head Office for Economic Administration
Chief of branch office D Concentration Camps
D I/ File No. 14 c 2/Ot/S.-Secret Journal No. 205/44

Oranienburg, 22.2.44.

Secret Regarding: Prosecution of punishable offenses against the Reich or against the occupying power in occupied territories (Night and Fog decree).

Reference: Head Office for Security of the ReichIV D 4 103/42 secret.

Enclosures: None.

To the Commander of the concentration camps Da., Sah., Bu., Mau., Flo., Neu., Au IIII, Gr.-Ro., Natz., Stu., Rav., Herz., Lubl., War., Group Leader D. and transmit camp Ber-Bels.

According to information from the Head Office for the Security of the Reich, the Minister of Justice has, by decree to the legal authorities of the 6.3.1943 journal No. IV a398/43 secret i.a., ordered the following:.

"7. The corpse of executed or otherwise deceased "Night and Fog" Prisoners is to be handed over to the State police for burial. Attention is drawn to the appropriate instructions in regard to secrecy. In this connection it is necessary to take special care that the graves of NN prisoners should not be marked with the names of the deceased.

Corpses are not to be given up for instruction and experimental purposes."

The corpses sent to concentration camps by Gestapo head offices for cremation are to be taken over and cremated.

In order to do this the following order is issued:

1. The above mentioned cases must figure in the lists of the camp crematories.

2. The ashes are to be kept in an urn and the lids to bear inscriptions.

3. The urns are to be stored in the concentration camps until further notice.

4. Death certificates are to be made out by the camp registries and to be sent to the Commander of the Security Police and of the Security Service in Paris with the remark that they belong to deceased Night and Fog prisoners.

[signature illegible]
SS Group leader and Lt. Gen. of Arms SS.