Lothar Kreyssig

Early years

Lothar Ernst Paul Kreyssig was born in Flöha, Saxony, the son of a businessman and grain merchant. After elementary school, he attended a gymnasium in Chemnitz. He set aside his education and enlisted in the army in 1916 during the First World War. Two years of service in the war took him to France, the Baltics and Serbia. After the war, between 1919 and 1922, he studied law in Leipzig, receiving his doctorate in 1923. In 1926, he went to work at the district court in Chemnitz and two years later became a judge there.

In 1933, Kreyssig was pressured to join the Nazi party, but refused, citing his need for judicial independence. However, in 1934, he joined the Confessing Church and in 1935, was elected Praeses at the synod of the Confessing Church in Saxony.

He was still able to work in his profession and in 1937, he was transferred to Brandenburg an der Havel to the lower district court. His work as a mental health court guardianship judge made him responsible for several hundred mentally challenged children and adults. He bought an estate in nearby Havelsee, where he practiced biodynamic farming. A preliminary investigation prompted by Kreyssig's church activities was made against him, but no action was taken.

After the number of death certificates of his wards began to accumulate on his desk, he began to suspect the deaths were connected to the "mercy killing" that had begun. He reported his suspicions in a letter to Minister of Justice Franz Gürtner, dated July 8, 1940. He pilloried the Nazis' Aktion T4 euthanasia program. He also addressed the disenfranchisement of prisoners in Nazi concentration camps, making all his arguments on firm legal grounds.

What is right is what benefits the people. In the name of this frightful doctrine — as yet, uncontradicted by any guardian of rights in Germany — entire sectors of communal living are excluded from [having] rights, for example, all the concentration camps, and now, all hospitals and sanatoriums.

Kreyssig then filed a charge against Reichsleiter Philipp Bouhler for murder. He filed an injunction against the institutions in which he had housed his wards, prohibiting them from transferring the wards without his consent.

On 13 November 1940 Kreyssig was summoned by Gürtner, who laid before Kreyssig Hitler's personal letter that had started the euthanasia program and which constituted the sole legal basis for it. Kreyssig replied, "The Führer's word does not create a right," clearly signifying that he did not recognize this as a legal right. Gürtner then told Kreyssig, "If you cannot recognise the will of the Führer as a source of law, then you cannot remain a judge." In December 1940, Kreyssig was suspended. Efforts by the Gestapo to send him to a concentration camp failed. Two years later, in March 1942, Hitler forced Kreyssig to retire.

Kreyssig then devoted himself to organic farming and church work. He also hid two Jewish women on his property until the end of the war.