Executive Summary

The Swiss Federal Intelligence Service (NDB) will henceforth grant access to the Josef Mengele file held at the Swiss Federal Archives (BAR) under defined conditions. The decision is based on a Federal Council resolution from December 7, 2001, which provides for a liberal access practice for archival holdings evaluated by the Bergier Commission. The file was previously sealed under extended protection periods. The NDB is reconsidering its rejection order from February 2026 and will review its general access practice for archived documents.

Persons

  • Bergier Commission (Independent Expert Commission Switzerland–Second World War)

Topics

  • Archive law and information access
  • Intelligence services and transparency
  • Swiss contemporary history (Second World War)

Clarus Lead

The decision signals a fundamental reorientation of Swiss archive policy regarding documents with security-related backgrounds. While the NDB emphasizes security interests and source protection, the opening of the Mengele file becomes a test case for systematic review of access practices for historical documents – a tension between research transparency and institutional self-protection that will have implications for archive management beyond this case.

Detailed Summary

The Josef Mengele file was originally created by the Police Service of the Federal Prosecutor's Office (predecessor organization of the NDB) and delivered to the Federal Archives in 2001. Since then, it has been subject to extended protection periods according to the Archiving Act (BGA) and the Intelligence Service Act (NDG). The NDB consistently rejected access requests, most recently in February 2026. A complainant appealed this rejection to the Federal Administrative Court (BVGer).

In the appeal proceedings, the NDB conducted inquiries with the Federal Archives that revealed the Mengele file had been evaluated by the Independent Expert Commission Switzerland–Second World War (Bergier Commission). This brings the file under the scope of the 1 December 2001 Federal Council resolution, which prescribes a liberal access practice for Bergier material within the legal framework. The NDB will make the file accessible under conditions and terms still to be defined – particularly to protect sources and information from partner services. These conditions apply permanently beyond the current appeal proceedings.

The NDB is using this case as an opportunity to conduct a fundamental review of its access practice for archived documents and will involve the Federal Archives in this work. The decision reflects a careful balancing of research and public interests on the one hand and protective interests on the other.

Key Points

  • The NDB gains access to the Mengele file under conditions, based on the Bergier principle of liberal archive opening for contemporary history documents
  • The file falls under the 1 December 2001 Federal Council resolution, which provides for more transparent access practice for holdings evaluated by the Bergier Commission
  • The NDB is initiating a fundamental review of its access practice for archived documents and is involving the Federal Archives

Critical Questions

  1. Source Validity: On which specific source inventories and references from Bergier Commission publications does the determination that the Mengele file was "evaluated by the Bergier Commission" rest – and how is this documented?

  2. Conflicts of Interest: To what extent could the review of general access practice by the NDB itself (as the affected institution) lead to conflicts of interest when defining "protective interests" and "source protection"?

  3. Causality and Alternatives: Could a proactive review by the NDB as early as 2001 or later have led to this decision, or was the appeal process the necessary catalyst?

  4. Feasibility of Conditions: What "conditions and terms still to be defined" are concretely planned, and how will their compliance be verified to ensure that the opening is not merely formal but actually effective?

  5. Data Quality and Protection Periods: After 25 years since delivery (2001) – what information in the file is still considered "worthy of protection," and by what criteria is this assessment made?

  6. Precedent Effect: Which other archived files could be released for opening through the review of access practice, and how will this be communicated?

Source Directory

Primary Source: Federal Chancellery – Swiss Federal Intelligence Service: Access to the Josef Mengele File – https://www.news.admin.ch/de/newnsb/nw0_JnKM6wBDVqZWgMsKU

Verification Status: ✓ 04.05.2026

This text was created with the support of an AI model. Editorial Responsibility: clarus.news | Fact-Check: 04.05.2026