In a summary of all the previously issued decrees on the cooperation between the Party and the Gestapo I refer to the following and ordain:
1. To the Gestapo has been entrusted the mission by the Fuehrer to watch over and to eliminate all enemies of the Party and the National Socialist State as well as all disintegrating forces of all kinds directed against both. The successful solution of this mission forms one of the most essential pre-requisites for the unhampered and frictionless work of the Party. The Gestapo, in their extremely difficult task, is to be granted support and assistance in every possible way by the NSDAP. The supervision of the Party itself does not come under the jurisdiction of the Gestapo.
I prohibit all offices of the Party, its organizations and associated groups to conduct investigations and interrogations regarding affairs which concern the Gestapo only. All occurrences of a political criminalistic nature are to be reported without prejudice along Party channels and as ever brought to the knowledge of the Gestapo immediately.
2. The secret state police must report automatically all occurrences of a criminal nature, even if it includes Party Members, to the responsible public prosecutor according to the laws of the National Socialist State, in force for all nationals. In such cases, the State police offices will notify, as before, the county and Gauleiters concerned, of the reports made to the public prosecutor. Reports will include reasons for the incidents. In the interest of the movement the functionaries [Hoheitstrager] are obliged to suspend, if necessary, the party members, after contacting the responsible Party Court; the latter will hold a public hearing, to decide on the temporary suspension.
Invitation of the leaders of offices in the Security Police and the Security Service to attend Party meetings.
In order to establish closer connections between all the offices of the Party and their organizations and the office leader of the Security Police and SD, the leader of the Party Chancellor asks that they should be invited in the future to all large official meetings of the Party.
The taking over of political offices by officials of the Gestapo
The Secret State police has the mission to safeguard the unhampered development of all forces active in the party and released by it in the National Socialistic State.
Since it is still in a state of being organised and the available officials and employees are very much in demand they are only to be employed in order to take over positions in the Party in as much as it is compatible with their official duties in the Secret State Police.
I, therefore, ask to check in every single case and in close harmony with the department of the Secret State Police concerned, whose leader welcomes the taking over of political functions by officials and employees of the Secret State Police, whether the transfer of political missions into the Party can be justified in the interest of the official obligations of the Secret State Police.
Presentation to the State Police upon request by Party offices
The Chief of the Security Police and SD has issued the annexed decrees of 29 March 1940 and 4 November 1940. It is ordered herewith that departments of the Secret State Police will be obliged to execute the presentation request when the same emanates from the Reichsleiters or the Gauleiters. If the request for presentation originates from subordinate departments of the party it will only be granted if particular interests of the State Police seem to warrant a presentation.
In the future the county administration and local administrations are to direct all requests through the district administration to the responsible department of the Secret State police.
Berlin, 29 March 1940Repeated requests by Party offices for presentation to the State Police of Volksgenossen who did not heed the summons of the Party offices, cause the following regulations to be decreed:
1. If the district administration makes the request the same is to be granted as long as no important interests of the State Police interfere.
2. If a party office subordinate to the district administration requests the presentation, the same has to be denied in as far as no important interests of the State Police seem to warrant a presentation.
Signed: HEYDRICHIn supplement to my decree of 29 March 1940 I order that presentation requests by Reichsleiters be granted in so far as important interests of the State Police do not interfere.
Signed: HEYDRICHProtective Custody
Protective custody must be viewed as the strongest measure in order to impressively instruct the Volksgenossen, who maliciously neglect their duties toward the community or endanger the security of the State, that they have to conform themselves to the universal interests and to adapt themselves to State discipline. Therefore it should only serve as a means of combatting real enemies of the Reich, but should never be used for the clarification or punishment of different or insignificant offenses.
An excessive use of protective custody, as well as its infliction without previous indisputable clarification of the state of affairs and the question of guilt, is neither justified with regard to the future of the one involved nor with respect to the reduction of its moral effect.
Therefore it must be expected that protective custody is only to be employed in really pressing and substantial cases.
I request that the county leaders be instructed orally to avoid any written communications; special emphasis on secrecy.
Protective Custody (Regulations)
Through the circular of the 25 January 1938, the Reich Minister of the Interior has issued new regulations regarding the introduction of protective custody. In the following, I announce the wording of this decree for confidential information.
Berlin 25 Jan. 1938The following regulations regarding protective custody go into effect on the 1 February 1938. At the same time, the following are rescinded:
a. My decree of 12 April 1934-I 3311 A/28.2 along with the supplement of 26 April 1934 and 10 July 1934 (directed to governments of the states and to the Reich statthalters).
b. My decree of 12 April 1935-VI B 757A/3014 along with the supplementary decree of 1 June 1935 VI B 11568/3014 (directed to the governments of the states, Reichstatthalter, Prussian presidents of government districts).
c. My decree of 17 June 1935-III P 3311/329 (directed to the state government and the Reichstatthalter.)
d. The decree of office of Secret State Police of 3 July 1934-B Nr. 19582 II I D (directed to the presidents of the Prussian government districts).
e. The decree of the Political Police Commander of the Lands of the 9 Sept 1935-B. Nr. 37840/35 II 1 D (direct to the Political police of the states and the Prussian State Police offices).
Article 1 Admissibility
Protective custody can be decreed as a coercive measure of the Secret State Police against persons who endanger the security of the people and the state through their attitude, in order to counter all aspirations of enemies of the people and state.
Protective Custody shall not be decreed for penal purposes or as a substitute for punitive arrest. Punishable offenses have to be decided finally by the courts.
Article 2 Competence
1. The Secret State Police exclusively is competent for the application of protective custody.
2. Motions in behalf of the application of protective custody have to be directed to the Secret State police through the State police offices. Every motion has to be substantiated in detail; the statements of the arrested person have to be considered in it. A copy of the hearing of the person temporarily apprehended has to be forwarded immediately.
3. Protective custody may only be inflicted if the accused has previously had a hearing on offenses imputed to him.
Article 3 Temporary Arrest
1. The Secret State police bureau, the offices of the State police director and of the State Police are authorized under the provisions of par. 1 to order the temporary arrest of persons:
a. If it is feared that the freedom will be abused for activities hostile to the state.
b. If danger of under-cover activities exists.
c. If there is suspicion of escape.
2. The accused has to be notified at the latest within 24 hours after the arrest. He is to be heard on the grounds for the infliction of the temporary arrest according to protocol.
3. A temporarily arrested person has to be released at the latest after an elapse of 10 days from the day of apprehension if the Secret State police bureau has in the meantime not decreed protective custody (5).
Article 6 Execution
The protective custody has to be executed generally in the State Concentration Camps.
Article 7 Duration
1. Protective custody shall only be upheld as long as it serves its purpose.
2. The Secret State police bureau authorizes release from protective custody. For that reason the bureau investigates periodically but not exceeding 3 months, whether the protective custody should be cancelled. The release must have taken place, at the latest, on the third day after the lifting of the protective custody.
Article 8 Foreigners
As a matter of principle deportation procedure has to be carried out against foreigners who have been taken into protective custody unless particular reasons interfere.
Article 9 Executory Regulations
The Chief of the Security Police issues the necessary regulations for the execution.
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Source: Nazi Conspiracy and Aggression Volume IV Office of the United States Chief Counsel for Prosecution of Axis Criminality Washington, DC : United States Government Printing Office, 1946 |