Reply #6: Someone who would agree with the legality of this 1937 memo

[Dragonfli]

Sounds very controlled and there are doctors present so it was all good then too.

Confidential!
To: Chief Public Prosecutor in Düsseldorf .
Subject: Mistreatment of Political Prisoners

Meeting at the Reich Ministry of Justice on June 4, 1937

It has been recognized by government leaders at the highest levels that more rigorous interrogations are necessary and indispensable. In such cases, it would be nonsensical to prosecute the officers carrying out the interrogation for exceeding their authority. However, public prosecutors must carry out the letter of the law and have no possibility of choosing to prosecute or not as they may judge fit ... At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials . The purpose of this meeting is to discuss the possibility of relevant limits. There followed a discussion of individual questions:

Question 1: For which offenses are more rigorous interrogations permissible?
There was general agreement that, in principle) interrogations of this kind may be undertaken in cases where charges involve the immediate interests of the state. ... chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah's Witnesses, explosives, and sabotage. ... It was unanimously agreed that charges under paragraph 175 of the Criminal Code should not be considered as grounds. A more rigorous interrogation is, as a general principle, never permissible in the case of foreigners. ...

Question 2: Nature of corporal punishment?
As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo (see
Question 3). Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.

Question 3: Who may order a more rigorous interrogation?
As a general principle, only Gestapo Headquarters in Berlin. Local state police stations must obtain permission in advance from Berlin. Without permission a more rigorous interrogation may not be conducted.
...

Question 5: What assurance exists that innocent persons will not be interrogated with the more rigorous measures?
This question is answered by the measures named under Question 3.

Question 6: How are judicial officers to deal technically with cases:

(a) in which permissible corporal punishment has been inflicted under the terms stated above? If an office of public prosecution receives a complaint, it contacts the state police and confirms that permission was granted (by the Gestapo Berlin). If said permission is shown to have been given, no charges are pressed, and a formal announcement should be made: "Investigation has shown that a criminal act was not committed."

(b) in which corporal punishment has been inflicted that is not permissible under the terms stated above?
If it transpires that permission was not obtained, commence investigation immediately and report at once to the Central Office of Public Prosecutions . ...

The Gestapo will receive a copy of from the Ministry , whereupon it is to act on them immediately ... and issue instructions to state police stations. The Ministry of Justice will for its part then issue instructions to public prosecutors.