Secondly, they agreed on the ‘handing over of asocial elements from the
prison system to the Reichsfu
¨
hrer-SS for extermination through work’.
This was to affect, without exception: ‘those in preventive detention,
Jews, Gypsies, Russians and Ukrainians, Poles serving a sentence of over
three years, Czechs, and Germans serving a sentence of over eight years
with the approval of the Reich Minister of Justice.’ It is not surprising that,
as already mentioned, the ‘handing over’ of these prisoners was agreed at the
very same moment when the decision was made increasingly to employ
KZ prisoners in armaments production. Moreover, Himmler and Thierack
were in agreement that in future ‘Jews, Poles, Gypsies, Russians, and
Ukrainians [should no longer be tried] by the normal judicial process’;
instead, in future such cases would be ‘dealt with by the Reichsfu
¨
hrer-SS’.
In addition, during the meeting Himmler proposed that ‘many more
special institutions should be established in the prison system in accordance
with the principle that those who were incapable of rehabilitation should be
confined together, while those who were capable of rehabilitation should
be confined together according to their particular offence (e.g. fraudsters,
thieves, violent criminals)’. While the Justice Minister considered the pro-
posal to be ‘correct’ in principle, he objected to Himmler’s more far-
reaching demand that the prosecution service should be integrated into
the police apparatus. He agreed to look into Himmler’s further demand that
criminal records should in future be kept by the police.
103
On the basis of this agreement, from the autumn of 1942 onwards
commissions of assessors composed of officials from the Justice Ministry
visited prisons to select which prisoners should be sent to a concentration
camp—by mid-1943 a total of 17,307 judicial prisoners. By 1 April 1943
5,935 of them were already dead. The selections continued.
104
Furthermore, in summer 1942 the regulations for political surveillance
were made more strict. Anyone considered ‘unworthy of serving in the
armed services’ was in danger of being taken into preventive detention if
he committed the most minor offence.
105
Moreover, in December 1942 the
Reich Criminal Police Office issued orders that those ‘criminals and asocials
who cannot be arrested’ were to be sent to the camps, where they ‘should be
appropriately detained’, a formulation which must be seen as an indication
that this group of people should be murdered.
106
It has been estimated that
in the middle of 1943 there were far more than 20,000 prisoners in preven-
tive detention in concentration camps. By the end of 1943 a total of
between 63,000 and 82,000 had been in preventive custody, of whom
a europe-wide reign of terror 637