. NMT03-T0018
Volume III · Page 18
the defendants, by distortion and denial of judicial and penal process, committed the murders, brutalities, cruelties, torture, atrocities, and other inhumane acts, more fully described in counts two and three of this indictment.
6. The said common design, conspiracy, plans, and enterprises embraced the assumption by the Reich Ministry of Justice of total control of the administration of justice, including preparation of legislation concerning all branches of law, and control of the courts and prisons. The supreme administration of justice in all German states was transferred to the Reich Ministry of Justice in 1934. Thereupon, certain extraordinary courts of a predominantly political nature, with wide and arbitrary criminal jurisdiction, where superimposed upon the existing ordinary court system The People's Court (Volksgerichtshof) became the court of original and final jurisdiction in cases of "high treason" and "treason". This court itself had jurisdiction over the investigation and prosecution of all cases before it, and there was no appeal from its decision. The court's territorial jurisdiction was extended not only to all annexed countries of the Reich but also to the "Protectorate" (Bohemia and Moravia) in 1939. Beginning in 1933, Special Courts (Sondergerichte) also were superimposed upon the ordinary court system under the Reich Ministry of Justice. These Special Courts were of a character which had been outlawed until the NSDAP seizure of power. Jurisdiction of these Special Courts extended to all "political" cases, as well as to all acts deemed inimical to either the Party, the government, or continued prosecution of the war. At least one Special Court was attached to every court of appeal (Oberlandesgericht); public prosecutors could arbitrarily refer thereto any case from the local courts (Amtsgerichte) or from the criminal division of the district courts (Landgerichte). Despite guaranties in the Weimar Constitution and the German Judicature Act, that no one may be deprived of his competent judge, and prohibitions against irregular tribunals these courts were imposed upon Germany, as well as upon the "Protectorate" and the occupied countries.
7. The said common design, conspiracy, plans, and enterprises embraced the use of the judicial process as a powerful weapon for the persecution and extermination of all opponents of the Nazi regime regardless of nationality and for the persecution and extermination of "races." The special political tribunals mentioned above visited cruel punishment and death upon political opponents and members of certain "racial" and national groups. The People's Court was presided over by a minority of trusted Nazi lawyers and a majority of equally trusted laymen appointed by Hitler from the Elite Guard and Party hierarchy. The People's Court in col- [...laboration]
