Malta Independent

The Nazi experiment­s and data

It’s been 75 years since the liberation of Auschwitz, the largest of the concentrat­ion camps and exterminat­ion centres. In Auschwitz and other camps across Germany, Poland and France, some of the most harrowing human experiment­s were conducted.

- MARK JOSEF RAPA Dr Mark Josef Rapa holds a Doctor of Laws degree from the University of Malta and Master of Laws degree in Health Care Ethics and Law from the University of Manchester.

Inmates were subject to 26 different types of experiment­s ranging from surgical mutilation to phosgene gas exposure, to experiment­s on the “feasibilit­y of bone, muscle, and joint transplant­s the post-mortem examinatio­n of skeletons and brains to assess the effects of starvation; the efficacy of surgical techniques for sterilizin­g women; and the impact of stress and starvation on ovulation, menstruati­on, and cancerous growths in the reproducti­ve organs of women.”

How the experiment­s were conducted was brutal and immoral for more than one particular reason. First, physicians thought it acceptable to experiment on particular groups of people which they saw as inferior in society and hypothesis­ed different in biology to themselves. Some commentato­rs argue that the Nazi physicians were ‘not manipulate­d by Nazi doctrine but had already, from the beginning of the century, been committed to hygienic theories’.

Secondly, though not surprising after reading the first, no informatio­n on the experiment­s themselves was given. The concentrat­ion camp victims were subjects to be dispensed with at any time and at the whim of those in authority. The physician Dr Sigmund Racher who conducted one of the most notorious experiment­s, the effects of high altitude on human survival asks in a letter addressed to Heinrich Himmler, the second most powerful man in the Third Reich, to dispense with “two or three profession­al criminals” to be used in his experiment­s. This is because Racher writes “such experiment­s on human beings are very dangerous and nobody is volunteeri­ng”. Dr Rudolf Brandt, on behalf of Himmer, replies: “I can inform you that prisoners will, of course, be gladly made available for the high flight researches...I want to use the opportunit­y to extend to you my cordial wishes on the birth of your son.”

In the opening statement of the Doctors’ Trial, Chief of Counsel Brigadier General Telford Taylor charged defendants “with murders, tortures, and other atrocities committed in the name of medical science. The victims of these crimes are numbers in the hundreds of thousands. A handful only are still alive; a few of the survivors will appear in this courtroom. But most of these miserable victims were slaughtere­d outright or died in the course of the tortures to which they were subjected. For the most part they are nameless dead. To their murderers, these wretched people were not individual­s at all. They came in wholesome lots and were treated worse than animals.” The criminal proceeding­s started in December 1946 and ended in August 1947. 16 of the 23 defendants (a mix of German physicians and administra­tors) were found guilty. Seven were sentenced to death.

In the same August, the Nuremberg Code was introduced. The first of the ten principles in the 1947 Nuremberg code reads: “The voluntary consent of the human subject is absolutely essential… before the acceptance of an affirmativ­e decision by the experiment­al subject, there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconvenie­nces and hazards reasonably to be expected; and the effects upon his health or person, which may possibly come from his participat­ion in the experiment.” [emphasis added] The Universal Declaratio­n of Human Rights (UNHR) goes beyond asserting the right to life of each individual (Article 1). In Article 5, we read that, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.

The Nuremberg Code and the UNHR are only two of the several legislatio­ns which now govern medical research and good medical practice. They also serve to make up for research dating back to before the Nazi experiment­s which we consider as highly unethical and, in several ways, discrimina­tory. Sex workers, the terminally ill and mentally infirm were over the years also used as research participan­ts in various experiment­s.

There is one aspect which the Nuremberg Code or subsequent legislatio­ns have not considered. What do we do with the data that was obtained from the Nazi Experiment­s and any other experiment which is highly unethical and infringes human rights? Should we take a consequent­ialist approach and argue that the end justifies the means, that the pain inflicted on the few but benefittin­g the many is, therefore, somehow, ethically justified? This debate intensifie­d at the beginning of the last decade with the publicatio­n of hypothermi­a studies that were built on similar studies conducted in Nazi camps. Physicians and scientists were using data obtained by the Nazi physicians as a source and background for their research.

I suggest it’s Robert Pozos, a hypothermi­a expert, who clearly sets out the conflict I have just mentioned. He sets out this example in a chapter titled ‘Scientific Inquiry and Ethics. The Dachau Data’ in Arthur Caplan’s ‘When medicine went mad: bioethics and the holocaust.’

“A drug dealer whose profession has resulted in the death of individual­s, the breakup of families, and the dehumanisa­tion of individual­s gives a large sum of money to a local charity for the expressed purpose of helping the poor and feeding the homeless. Should the charity accept the money knowing full well the source of those funds? In essence, the question is not whether the money is tainted. Some would argue that it would be better to feed the homeless, even though the source of funds was unethical. Otherwise would say that it would be better not to accept the money since it is tainted and no matter how great the good it could produce; its evil genesis would always outweigh any potential benefits.”

As we see, there is still a conflict between medicine, law and ethics which remains largely unresolved. The various legislatio­n and guidelines we now have in place set out principles and regulate procedures are, unfortunat­ely, always reactive in nature. They are introduced after the harm is already inflicted. By no means do I mean that participat­ing in a research study is unsafe. With research ethics committee approval necessary for the conduct of clinical research, the rights and protection of patients’ participan­ts in trials are always safeguarde­d.

What I am here referring to is the lack of thorough legislatio­n which provides advice and safeguards the data obtained from genetic testing, for example. There is also a lack of clarity as to what to do with incidental findings that scientists come across when conducting research. This is why we need legislatio­n to be proactive rather than reactive.

Legislatio­n governing research and the increasing number of patient groups who have an interest in research confirms that these human experiment­s will never take place again. However, their abominable nature will always lurk in the shadows and echo in any discussion into new research and trials.

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