homeaboutarchives + tagsshopmembership!
aboutarchivesshopmembership!
aboutarchivesmembers!

Protective Custody in Nazi Germany - Who Was Being Protected?

posted by Jason Kottke   Oct 29, 2018

Another thing I learned on my visit to Topographie Des Terrors in Berlin was how the Nazis subtly twisted the meaning of “protective custody”. That term is typically thought of as a measure to safeguard an individual who might be harmed. It’s not always a positive term — “custody” after all is not freedom and in US prisons, protective custody often subjects the person being protected to solitary confinement.

Beginning in 1933, the Nazis began placing people deemed subversive to the Reich under protective custody, presumably so they would not be harmed by German people upset with their disruptive influence in society. But really, protective custody was a euphemism for jailing Jews, homosexuals, the disabled, Communists, the elderly, Roma, “work-shy”, and political opponents outside of the normal judicial system.

With the reinterpretation of “protective custody” (Schutzhaft) in 1933, police power became independent of judicial controls. In Nazi terminology, protective custody meant the arrest — without judicial review — of real and potential opponents of the regime. “Protective custody” prisoners were not confined within the normal prison system but in concentration camps under the exclusive authority of the SS (Schutzstaffel; the elite guard of the Nazi state).

No due process…these people went straight to concentration camps and were then often murdered. The entity being protected in protected custody was the Nazi regime. From a 1939 article in The Atlantic written by someone who had been imprisoned in the Sachsenhausen concentration camp::

In Germany the words ‘protective custody’ have a double meaning. Originally the term meant the incarceration of people who were threatened by others and who were guarded for their own safety so that they might be protected from their enemies. Now, however, men in protective custody are mostly those who are brought, for the ‘protection of the people and the State,’ into a concentration camp without hearing, without court sentence, without the possibility of redress, and for an indefinite time.

Language, as Orwell and others have long noted, is a powerful tool of fascists and authoritarians. In addition to “protective custody”, the Nazis referred to their plans for Jewish genocide as the “Final Solution to the Jewish Question” and murdering people as subjecting them to “special treatment”. It all sounds so civilized and palatable, easily digestible to normal folks.