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UNITED STATES v. SCHIFFER

August 25, 1993

UNITED STATES OF AMERICA, Plaintiff,
v.
NIKOLAUS SCHIFFER, Defendant.



The opinion of the court was delivered by: BY THE COURT; FRANKLIN S. VAN ANTWERPEN

 VAN ANTWERPEN, J.

 August 25, 1993

 I. INTRODUCTION

 This is a non-jury civil action under section 340(a) the Immigration and Nationality Act of 1952 to revoke the citizenship of defendant Nikolaus Schiffer, who was a member of the Waffen-SS Death's Head Battalion during World War II. 8 U.S.C. § 1451(a). We have jurisdiction under 8 U.S.C. § 1451 and 28 U.S.C. § 1345. We previously discussed this matter in some detail in our opinion dated February 25, 1992. United States v. Schiffer, 798 F. Supp. 1128 (E.D.Pa. 1992).

 Beginning on March 16, 1993, this court heard 7 days of testimony regarding the plaintiff's claims and the defendant's defenses. After carefully reviewing the extensive record in this case, including the trial transcript, the exhibits and the parties' post-trial memoranda and briefs, we set forth the following findings of fact and conclusions of law.

 II. FINDINGS OF FACT

 A. Defendant's Pre-War and Citizenship Background

 1. Defendant was born on April 9, 1919 in Philadelphia, Pennsylvania to non-citizen parents. (Schiffer, March 30, 1993, p. 34.) *fn1"

 2. In late 1920, the defendant moved with his parents to Moravitza, Romania, an ethnic German community. (Schiffer, March 30, 1993, pp. 34, 36). In Romania, defendant attended school through the sixth grade. At age 13 he went to Timisora, Romania for three years to learn his trade as an apprentice pastry chef. (Schiffer March 30, 1993, p.37) Starting at about age sixteen, Schiffer worked variously as a baker and a farmhand in Romania. (Id., p.38).

 4. Defendant's parents were both born in an area of Romania known as the "Banat," which prior to 1918 belonged to Austria-Hungary. As a result of the treaty ending World War II, the Banat was ceded to Romania, and all residents of the Banat were accorded Romanian citizenship by Romanian law. (Stanoiu, pp. 92-93; P-102; P-9 at nos. 4 and 5.) *fn2"

 5. Under Romanian law, the defendant automatically acquired Romanian citizenship derivatively from his father. (Stanoiu, p. 94.)

 6. As a minor, defendant possessed dual United States and Romanian nationality. (Stanoiu, p. 94; P-102; P-9 at nos. 4 and 5.). As a Romanian national, defendant was subject to be called for military service, (Stanoiu, p. 96), but as a United States citizen, he could not be compelled to serve. (Stanoiu, pp. 95, 96).

 7. Neither the United States nor Romania recognized the concept of "dual nationality" or dual citizenship for adults at the time defendant attained his majority. (Stanoiu, p. 94; P-102.). As a minor, however, defendant was able to maintain dual citizenship; upon reaching majority at twenty-one years of age, he had to choose citizenship in one or the other country. (Stanoiu, pp. 91, 94-95.)

 8. At all times prior to his service in the Romanian Army, defendant knew he was an American citizen. (Schiffer, March 31, 1993, pp. 39-40; Defendant's Memorandum In Support of Motion to Dismiss, pp. 2-4; *fn3" Defendant's Response to Government's First Set of Interrogatories, P-157 at No. 12; Defendant's Response to Government's Second Set of Interrogatories, P-158 at No. 2; Defendant's Response to Government's Request for Admissions, P-158 at Nos. 3, 6, 7, 12, 17; Defendant's Deposition, P-14, Vol. I, at pp. 11, 30, 32, 36, 55.)

 9. Between 1921 and December 12, 1941, the United States continuously maintained diplomatic relations with Romania, and staffed a Legation in Bucharest. The Legation was closed after Romania declared war on the United States. (Callow, pp. 136, 137-139.)

 10. At the time of his induction and entry into the Romanian Army, defendant was aware of an American diplomatic presence in Romania. (Schiffer, March 31, 1993, pp. 54-55; P-14, Vol. I., pp. 44-45.)

 11. The Legation in Bucharest provided a full range of consular services, including the issuance of passports to United States citizens and providing assistance to citizens living or travelling abroad. (Callow, pp. 137-39, 140-41.)

 12. Despite the presence of an American Legation in Romania and defendant's knowledge that he was an American citizen, defendant never sought the assistance of the Legation or inquired as to his rights as an American citizen. (Schiffer, March 31, 1993, pp. 54-55; P-14, Vol. I, pp. 44-45.)

 B. Defendant's Romanian Army Service

 13. On March 25, 1940, defendant presented himself for registration for the Romanian Army. Defendant's Personnel Record and Personnel Military Record indicate that upon entering the Romanian Army, defendant's only objection to service was as the only son of a widow. (P-17, P-18.) These records do not indicate any objection on the grounds of, or claim by defendant of, American citizenship when he registered for or entered Romanian Army service. (P-17, P-18.)

 15. In 1941, defendant was notified to report for basic training for Romanian Army service. At that time, defendant did not protest service on the grounds that he was an American citizen. Like his fellow soldiers, defendant swore an oath of allegiance to the Romanian monarch, King Carol II. *fn4" (Schiffer, March 30, 1993, pp. 38-39; March 31, 1993, p. 58; P-9 at nos. 3, 4, 5 and 7; P-14, Vol. I, pp. 37-38; P-17.)

 16. On May 24, 1941, upon completion of basic training in the Romanian Army, defendant was released in accordance with Romanian law, since he was the sole son of a widow. (Schiffer, March 30, 1993, p. 39; P-14, Vol. I, p. 37; P-17.)

 17. Upon release from basic training, defendant made no effort to contact the American Legation in Bucharest to seek help in avoiding military service or returning to the United States, or to determine his rights as an American citizen. Defendant made no effort to contact his relatives in the United States to inquire about returning to the United States. (Schiffer, March 31, 1993, pp. 59-60; P-14, Vol. I, pp. 45-47.)

 18. Romania entered World War II on June 22, 1941 as an ally of Nazi Germany. Romania remained an independent sovereign state and an ally of Germany throughout World War II. (Sydnor, March 16, 1993, p. 66, 74.)

 19. Romania declared war on the United States on December 12, 1941, following Hitler's declaration of war on the United States. The next day, the United States declared war on Romania. (Sydnor, March 16, 1993, pp. 88-89.)

 20. Defendant was recalled into the Romanian Army after Romania had declared war on the United States and served therein until July 17, 1943. At the time he was recalled, although he knew that he was an American citizen and that Romania had declared war on the United States, defendant did not protest serving in the Romanian Army. (P-14, Vol. I, p. 63.)

 21. Defendant's induction into the service in the Romanian Army was willful and voluntary. (P-9, at nos. 4 and 5; P-13; P-17; P-18.)

 22. By voluntarily joining and serving in the Romanian Army, defendant chose to retain his Romanian citizenship and to relinquish his United States citizenship. (Stanoiu, pp. 96-97.)

 23. The Nationality Act of 1940, 54 stat. 1171, specified certain acts which constituted expatriating acts, including taking an oath of allegiance to a foreign sovereign. (Callow, pp. 140-41.)

 24. By willingly serving in the Romanian Army, defendant committed an expatriating act. Defendant's service in the Romanian Army at a time when Romania was an ally of Nazi Germany and at war with the United States constitutes objective evidence of his intent to relinquish his United States birth citizenship. (Callow, pp. 136, 151, 154, 164, 165, 170; P-21.)

 25. Defendant's service in the Romanian army at a time when Romania was at war with the United States also constituted an expatriating act pursuant to the Immigration and Nationality Act of 1952. (Callow, p. 143, 151.)

 C. Historical Background

 27. On February 29, 1933, following the rise to power of Adolf Hitler and the Nazi Party in Germany, a state of emergency was declared in Germany and all constitutional guarantees of individual liberty and civil rights were suspended. Pursuant to decree, the SS (Schutzstaffel or protection squads) was authorized to arrest, without warrant and without judicial recourse, persons who were suspected of being enemies of Hitler and the Nazi Party and hold them in "protective custody." This decree was in effect until May 7, 1945. (Sydnor, March 16, 1993, pp. 53-55, 57-58, 89, 90, 102; P-71.)

 28. The SS implemented the aims and objectives of Nazi Germany. All police power was centralized into the hands of the SS. The SS was responsible for the administration of the concentration camps. (Sydnor, March 16, 1993, pp. 61, 63-64, 100, 111.)

 29. Enemies of Hitler and the Nazi Party included political opponents, such as members of dissenting political parties or moderate parties who criticized the regime; "asocials," which included the unemployed, mentally disturbed, and physically handicapped; homosexuals; homeless people; religious dissenters such as Jehovah's witnesses and the Catholic clergy; Communists; Marxists; Gypsies; Jews; and Poles. (Sydnor, March 16, 1993, pp. 92, 95, 97, 116-117; P-70; P-95.)

 30. Between 1933 and 1945 the policy of protective custody was broadened and enabled the SS and police to arrest anyone for any reason and put that person in a concentration camp indefinitely. (Sydnor, March 16, 1993, pp. 92, 93.) Prisoners in concentration camps were physically abused by SS guards. They were subjected to corporal punishment, including beatings and executions. The regiment to which they were subjected was consistently harsh, brutal and often fatal. Treatment of prisoners grew worse as the war went on. (Sydnor, March 16, 1993, pp. 92-93, 102-103, 144-145; Chakin, pp. 17, 22-24, 28-29; Fenster, pp. 53-54, 67, 70; Messer, pp. 107, 115-116, 123-124; P-38; P-46; P-72.)

 31. By 1938, anyone arrested on a protective custody warrant was put in a concentration camp. (Sydnor, March 16, 1993, p. 102.) By 1939, persons arrested pursuant to protective custody could be subjected to execution, euphemistically referred to as "special treatment," by order of the police. Persons slated for special treatment were shot, at the concentration camp to which they were sent. (Sydnor, March 16, 1993, pp. 115, 177-179; P-72; P-41; P-52; P-73; P-101.)

 32. In September 1939, Nazi Germany invaded Poland, starting World War II. (Sydnor, March 16, 1993, p. 88.) Hitler's objective was total victory, which encompassed the complete destruction of his enemies, i.e., defeat of the army, the massacre of political leadership, deportation of the population, liquidation of the educational and intellectual human infrastructure of the society. (Sydnor, March 16, 1993, p. 107.)

 33. The outbreak of World War II dramatically increased the power of the SS, whose police and security responsibilities were extended into the areas that Germany annexed, occupied or influenced after the start of World War II. (Sydnor, March 16, 1993, p. 104.)

 34. The Waffen -SS ("Armed SS"), formed in 1939, was an elite guard within the SS. The Waffen -SS included military units that fought on the front, and all of the guard units in concentration camps. Guard units in the concentration camps were referred to as Waffen -SS Death's Head Battalions or SS Totenkopfsturmbann. (Sydnor, March 16, 1993, pp. 136, 151; P-137.)

 35. The Wehrmacht constituted the armed forces of Germany, consisting of the Army, the Navy, and the Air Force. The Waffen -SS was a Nazi party organization originated and organized as a paramilitary force of the Nazi Party; it considered itself an elite Nazi organization. The Waffen -SS was not part of the Wehrmacht or the German Army. (Sydnor, March 16, 1993, pp. 67-69; Ziemke, pp. 13-15, 61, 72-73; United States v. Schellong, 717 F.2d 329, 331, (7th Cir. 1983), cert. denied, 465 U.S. 1007, 104 S. Ct. 1002, 79 L. Ed. 2d 234 (1984).) One could not be a member of both the Waffen -SS and the German Army. The German Army played no role in the running of concentration camps. (Sydnor, March 16, 1993, p. 104.) Recruitment, training, discipline, pay and uniforms differed between the Waffen -SS and the Wehrmacht. (Sydnor, March 16, 1993, p. 68; Ziemke, p. 13.)

 36. After the outbreak of World War II, concentration camps rapidly grew in number and size. The camps came to have an enormous significance for the German war effort because of the utilization of concentration camp prisoners as slave laborers. Prisoners were intentionally worked to death. (Sydnor, March 16, 1993, p. 105; P-67.) It was intended that prisoners would be exterminated through hard labor. (Sydnor, March 16, 1993, pp. 105, 106, 126, 172; P-88.)

 37. The population of concentration camps included American citizens who were in Europe when World War II broke out. Some of these people perished while imprisoned at the camps. During the War, some Allied POWs were held at concentration camps and murdered. (Sydnor, March 16, 1993, pp. 106-107; March 17, 1993, p. 16; P-36; P-63.)

 38. Estimates for the total number of persons killed in Nazi concentration camps range between seven and nine million persons. (Sydnor, March 19, 1993, pp. 69-70.)

 39. Nazi ideology considered the Jews responsible for all of the problems of the twentieth century and advocated the extermination of all Jews. By 1941 a plan was initiated for the extermination of European Jews. The SS referred to the extermination of European Jews as "the Final Solution to the Jewish Question" (Sydnor, March 16, 1993, pp. 107-109, 111; P-90.) Concentration camps were created in Poland to serve as extermination centers for the Jews of Europe. (Sydnor, March 16, 1993, p. 110; March 18, 1993, p. 134.)

 40. Prior to World War II there were 11 million Jews in Europe; from five to eight million Jews died in concentration camps. (Sydnor, March 19, 1993, pp. 66-70.)

 D. Concentration Camp Guards--General Background

 41. The guards in the concentration camps played an essential role in the Final Solution. SS guards were responsible for clearing Jews from ghettos where they were already concentrated, transporting them to the various extermination camps, and guarding and securing the process of extermination at the camp, location or facility itself. Guards administered the looting and confiscating of effects of the people who were murdered in the camps. (Sydnor, March 16, 1993, p. 111-112.)

 42. Guards at concentration camps were responsible for the security of the camp, keeping the prisoners in the camp, guarding the prisoners during work details, and enforcing the rules and regulations that governed the concentration camps. (Sydnor, March 16, 1993, pp. 137-139, 147.)

 43. Guards were always armed when they performed guard duty. Guards were trained to fire their weapons if a prisoner attempted escape, if attacked by a prisoner, or if the prisoners mutinied. (Sydnor, March 16, 1993, pp. 142-143; Chakin, p. 20; Fenster, pp. 53-54; Messer, p. 115; P-154, pp. 19, 43, 48.)

 44. Guards received training prior to and during their service as guards. Training included physical conditioning, weapons training, combat assault tactics, riot control, rules and regulations relating to guard duty and ideological and political indoctrination sessions. Training was typically continuous throughout the individual's service as a guard. (Sydnor, March 16, 1993, pp. 137, 139-140, 153-158; March 17, 1993, p. 66; P-44; P-83.)

 45. Concentration camp guards received continuous ideological training including the history of the SS, the purpose of concentration camps, the reasons that people were imprisoned in camps, and the claim that the camps housed the most dangerous enemies of the state. (Sydnor, March 16, 1993, pp. 103-104, 140, 141, 145, 156; P-97; P-82.)

 46. Guards were paid and received days off during which they were allowed to leave the camp. (Sydnor, March 16, 1993, p. 148; Schiffer, March 31, 1993, p. 73.)

 47. If someone refused duty as a concentration camp guard, he was transferred. There is no evidence that guards were killed for refusing to perform guard duties. (Sydnor, March 16, 1993, p. 146.)

 48. Concentration camp guards participated in the Nazi program of persecution carried out in the concentration camps by preventing the escape of prisoners and by escorting prisoners to and from slave labor sites. (Sydnor, March 19, 1993, pp. 72-73.)

 E. Concentration Camp Prisoners--General Background

 49. Upon entry into a concentration camp, a prisoner was "processed": he was branded with a tattoo, issued a uniform, had his head and genital area shaved; and all of his personal effects were confiscated. (Sydnor, March 16, 1993, pp. 161, 180; P-27; Messer, pp. 120-121.)

 50. A prisoner uniform consisted of striped trousers and a coat, similar in weight to pajamas, and a pair of wooden clogs. (Sydnor, March 16, 1993, pp. 161, 164; Chakin, p. 21; Fenster, p. 52; Messer, P. 112.) A prisoner received no additional clothing in winter. (Sydnor, March 16, 1993, p. 164; P-154, p. 33.)

 51. Prisoners wore a triangular colored badge on the left breast and the right leg of their uniform which designated why they were imprisoned; these patches were designed to be seen at a distance by the guards. Professional criminals wore green triangles, Jehovah's Witnesses purple, homosexuals pink, political prisoners red, asocials black; Jews wore two yellow triangles inverted on each other so that they formed the Star of David. Jewish inmates who were judged to be politically dangerous had the Star of David bordered in red. Prisoners considered high risk for escape had a target painted on the back of their jacket. Guards were trained to recognize what each of the color codings meant. (Sydnor, March 16, 1993, pp. 162-163; March 19, 1993, pp. 7-8, 14, 89-90; Chakin, p. 25; Messer, p. 112-113; P-154, pp. 34-36, pp. 79-80; P-103a.)

 52. Prisoners were treated differently depending on their ethnic background. In all concentration camps, Jews received the most severe mistreatment. Soviets, Poles and Gypsies were also subjected to severe mistreatment. (Sydnor, March 19, 1993, pp. 76-87; P-56; P-32; P-37; P-26.) Guards were not punished for committing acts of brutality against prisoners. (Sydnor, March 16, 1993, pp. 170-171.)

 53. Camp conditions subjected the prisoners to extreme physical abuse. There were no sanitary facilities, running water or heat. The food was so inadequate that people starved to death. Jews were given even less to eat than other prisoners. (Sydnor, March 16, 1993, p. 165; Chakin, pp. 24, 29; Fenster, pp. 59, 66; Messer, p. 117; P-154, pp. 34-36, 124-125.) Prisoners developed dysentery and typhus as a result of the conditions in the camps and received no medical attention. These conditions existed in the camps between 1943 and 1945, when defendant was a concentration camp guard. (Sydnor, March 16, 1993, p. 170; Sydnor, March 19, 1993, p. 72; Fenster, pp. 59, 64-66, 73; P-154, pp. 53, 90, 145.)

 54. A prisoner worked a minimum 11-hour day, six days a week. If prisoners were employed at a work site outside of the camp, the SS guards would escort the prisoners to the work site in time for them to begin work by dawn. (Sydnor, March 16, 1993, pp. 166, 183; Fenster, p. 63; P-77.)

 55. Prisoners were counted twice each day: in the morning, prior to leaving for work, and in the evening when they returned. Prior to beginning work, all prisoners were required to be present in the roll call square for counting. The tally from the evening roll call had to match that of the morning roll call. If anyone had died during the night, that person's body was dragged to roll call to be counted. Similarly, the evening roll call number had to match that morning's roll call number. The bodies of those shot or those who had died during the day from other causes, including beatings or exhaustion, had to be returned to the camp by the prisoners. At the conclusion of the evening roll call, the gates of the protective custody portion of the camp were locked. (Sydnor, March 16, 1993, pp. 166-168.) If the count did not tally, prisoners were forced to stand, sometimes for several hours, until the missing prisoners were accounted for. (Fenster, pp. 60, 64; Messer, pp. 114-116, 118; P-154, pp. 36-39.)

 56. Prisoners in concentration camps were subjected to a code of conduct consisting of disciplinary and penal regulations. (Sydnor, March 16, 1993, p. 171.) The Dachau Regulations, P-40, served as the basis upon which all subsequent rules and regulations were modeled. (See also P-42.) Subsequent disciplinary and penal regulations became increasingly more stringent over time. Prisoners in concentration camps were subjected to both official and unofficial punishments. (Sydnor, March 16, 1993, pp. 168, 175-176; P-24.)

 57. Official punishments were administered by the SS personnel at the camp. These punishments included beatings with whips and sticks or placing a prisoner in solitary confinement. Examples of infractions for which a prisoner could be punished included escape attempts, talking back to an SS guard, attempting to commit an act of violence against an SS guard, shirking or slacking off at work, trying to smuggle something into or out of the camp, carrying a comb (construed as carrying a deadly weapon), or wearing extra clothing (construed as sabotage). It was the practice to have corporal punishment inflicted on prisoners with all of the prisoners and guards of the camp present. (Sydnor, March 16, 1993, pp. 168-169, 172-173; March 18, 1993, p. 165; Messer, p. 123-124.)

 58. Prisoners who attempted escape were either executed or tortured. If executed, the prisoner would be hanged in the presence of all other prisoners, who were forced to watch the hanging. (Sydnor, March 16, 1993, p. 170; Messer, p. 124.)

 59. Bodies of deceased prisoners were disposed of through burning, either in a camp crematorium or in large pits. Prior to burning a body, the corpse was examined by a special team of prisoners who were assigned the task of removing any gold fillings from the teeth of deceased prisoners. That gold was then collected, melted down, and deposited in an SS bank account. (Sydnor, March 16, 1993, pp. 173, 182; Chakin, pp. 16-17, p. 38.)

 F. Defendant's Voluntary Enlistment and Service In the Waffen-SS

 60. On May 12, 1943, a diplomatic agreement was reached between Germany and Romania which permitted Wehrmacht and Waffen -SS recruiters to set up recruiting stations in Romanian towns and villages where Volksdeutsche (ethnic Germans) lived, to enlist Romanian citizens or nationals of ethnic German origin for voluntary service. Pursuant to the terms of the agreement, Romanian citizens or nationals of ethnic German origin "wishing to enlist" in the Wehrmacht or Waffen -SS had to execute a written declaration stating that their enlistment was voluntary. Ethnic Germans of Romanian citizenship or nationality serving in the Romanian Army had three voluntary military options according to the agreement: they could join the Wehrmacht, serve in the Waffen -SS, or remain in the Romanian Army. Romania guaranteed that no sanctions would be imposed on those ethnic Germans who did not enlist in the Wehrmacht or Waffen -SS. (Sydnor, March 16, 1993, pp. 73-74; P-81; P-68.) The recruitment of ethnic Germans in Romania by the Waffen -SS and Wehrmacht produced a substantial number of volunteers. (Sydnor March 16, 1993, p. 78; P-67; P-68)

 61. On June 4, 1943, defendant, an ethnic German from Romania, volunteered to serve in the Waffen -SS in accordance with the terms of the aforementioned agreement between Romania and Germany and was, consequently, discharged from the Romanian Army. (Sydnor, March 16, 1993, p. 87; P-11 at 3; P-15; P-17; P-18.) *fn5"

 63. Like his fellow SS members, defendant swore an oath of allegiance to Adolf Hitler when he joined the Waffen -SS. (Sydnor, March 19, 1993, pp. 5, 88.) *fn6"

 64. Defendant, while serving as a concentration camp guard, never requested a transfer and never refused any assignment. (Schiffer, March 31, 1993, p. 69.)

 G. Defendant's Service As a Concentration Camp Guard

 1. Sachsenhausen

 65. Sachsenhausen Concentration Camp, located in Oranienburg about fifteen miles north of Berlin, operated from 1935 until 1945. The purpose of Sachsenhausen was to incarcerate political prisoners and other enemies of the German state. Jews were imprisoned at Sachsenhausen solely because they were Jews. (Sydnor, March 17, 1993, p. 13; Messer, p. 126.) From July through December 1943, there were between 8,000 and 15,000 persons were imprisoned at Sachsenhausen from virtually every country in Europe because they were considered enemies of national socialism (Nazism). (Sydnor, March 17, 1993, p. 24; March 18, 1993, pp. 156-158; Messer, p. 120-121; P-114; P-112.)

 66. Defendant, as a member of the Waffen -SS Totenkopfsturmbann (Death's Head Battalion), served as an armed concentration camp guard at the Sachsenhausen Concentration Camp from July 1943 until December 1943. While stationed at Sachsenhausen, defendant's duties included receiving training and performing guard duty. (Sydnor, March 17, 1993, pp. 5, 110; Schiffer, March 31, 1993, p. 65; P-11 at 3, 31; Complaint, P 11.)

 67. Sachsenhausen was enclosed by an electrified fence. From the guard barracks, one could see into the protective custody compound. P-63 accurately depicts Sachsenhausen as it existed in 1943. (Sydnor, March 17, 1993, pp. 13-15, 18, 19; P-63.)

 68. Sachsenhausen included a Special Camp for POW officers and soldiers of the Western Allies. (P-63.) This special camp housed a number of Allied officers and bomber crews, including Americans, while defendant served as a guard at Sachsenhausen. (Sydnor, March 17, 1993, p. 16; P-63.) These Allied officers and soldiers were easily recognizable because they remained in their military uniforms. In the summer of 1943, a group of American and British airmen who were imprisoned at Sachsenhausen were executed. (Sydnor, March 17, 1993, pp. 16-18; March 18, 1993, p. 156; March 19, 1993, p. 14; Messer, p. 120.)

 69. Sachsenhausen contained firing squad ditches, where SS guards executed prisoners, and "Station Z" where, under the guise of a medical examination, a prisoner would be placed against the wall and shot by an SS guard in the back of the head through an opening in the wall. It also contained a crematorium, where corpses of prisoners were burned, and a gas chamber. The gas chambers at Sachsenhausen were used to kill prisoners who were no longer physically able to work. (Sydnor, March 17, 1993, pp. 19-21; March 19, 1993, pp. 39, 50; Messer, pp. 123-124; P-63.)

 70. From 1942 through 1944 medical experiments were conducted on prisoners at Sachsenhausen. Prisoners selected to be experimented upon had no choice but to submit to the experimentation. During the later half of 1943, while defendant was a guard at Sachsenhausen, prisoners were involved in experiments in which they were deliberately given phosphorus burns and typhus. (Sydnor, March 17, 1993, pp. 22-24; P-57; P-58; P-60; P-86; P-87; P-113.) All prisoners experimented upon died. (Sydnor, March 17, 1993, pp. 21-22; P-30.)

 72. Defendant received a uniform, blood group tattoo, rifle and ammunition upon arrival at Sachsenhausen. Defendant's uniform had a Totenkopf (death's skull or "death's head") on it. Defendant retained the rifle issued to him at Sachsenhausen the entire time he was in the Waffen -SS. Defendant received a salary as a member of the Waffen -SS Totenkopfsturmbann. (Schiffer, March 31, 1993, pp. 65-67.)

 73. Guard duty at Sachsenhausen included watchtower duty, walking the perimeter of the camp and accompanying prisoners to slave labor details outside of the camps. The main reason for the guards was to prevent prisoners from escaping. (Sydnor, March 17, 1993, pp. 25-26.)

 74. By serving as a guard at Sachsenhausen from July through November 1943, defendant performed all of the duties required of guards and, thereby, participated and assisted in persecution. (Sydnor, March 17, 1993, p. 26.)

 75. Following service as a guard at Sachsenhausen, defendant was transferred to the SS Training Facility Camp Complex at Trawniki. (Sydnor, March 17, 1993, pp. 5, 110; P-11 at 3, 24, 31.)

 2. Trawniki

  76. The SS Training Facility Camp Complex at Trawniki, located in the southeastern section of the Lublin district of Poland, operated from October 1941 until the spring of 1944. (Sydnor, March 17, 1993, p. 36.)

  77. Defendant, as a member of the Waffen -SS Totenkopfsturmbann, served as an armed guard at the SS Training Facility Camp Complex at Trawniki from December 1943 through February 1944. While stationed at Trawniki, defendant's duties included receiving training and performing guard duty. (Sydnor, March 17, 1993, pp. 6, 43, 110; P-11 at 3, 24, 31.)

  78. The SS Training Facility Camp Complex at Trawniki consisted of an SS training compound and an adjoining forced labor camp. The labor camp was enclosed with concentric fencing that was ...


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