February 9, 2010
Published: 15 May 09 17:33 CET
Online: http://www.thelocal.de/national/20090515-19309.html
The likely trial of Nazi death camp guard John Demjanjuk may be one of the last times anyone is prosecuted for crimes committed during World War II.
Andrew Bulkeley (news@thelocal.de)
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Your comments about this article:
This is utter nonsense. None of the Sobibor survivors remember him being there including one man who was assigned to the guard barracks. He knew all the guards and he has testified that Demjanjuk was not at Sobibor as Demjanjuk has claimed from day one.
The Israli Supreme Court heard these charges of Sobibor in the indictment and found him innocent since the only proof was a forced KGB confession (the man "died" after signing) and the forged ID card - supplied by the communist Armand Hammer
http://www.stolpersteine.com
The Nazis claimed that Sobibor was a "transit camp." The prisoners who arrived there were not registered and no record card was made for them, so there are no individual death records for this camp. Even the exact number of deaths at Sobibor is unknown and estimates by Holocaust historians do not agree.
Survivors could testify that their relatives arrived with them on a transport train at Sobibor and were never seen again, but there is no documentation of the deaths at Sobibor.
Demjanjuk is accused of being an accessory to murder; the murder weapon was a gas chamber. The survivors do not agree on the number or size of the gas chambers at Sobibor. Historians do not agree on whether the gas chambers used carbon monoxide from diesel engines or gasoline engines. So the prosecution will have a hard time proving that the murder weapon existed.
Demjanjuk cannot be tried on a charge of being part of a team or a charge of participating in a common plan to commit murder. The prosecution will have to prove that he personally aided in the murder of a known individual whose death has been proven. At the Nuremberg IMT and the American Military Tribunals at Dachau, the Nazis were charged with participating in a "common plan" to commit war crimes. So anyone who was a guard at a camp was automatically guilty, regardless of what he or she personally did.
The whole thing actually started when the Soviets passed on lists of alleged ex-Nazis to the US back in 1975. The underlying motive is questionable. Were the Soviets actually searching for perpetrators of war crimes, or were they trying to discredit certain nationalities which were giving them trouble?
I can't see how now it makes the slightest bit of difference.
I hope they've interviewed all the surviving customers of the camp to get their feedback and performance reviews.
Under German law, the prosecution will have to prove "intent to commit a crime." To do this, the prosecution will have to prove that Demjanjuk volunteered to join the SS when he was a Soviet Army soldier in a German POW camp. If the defense can show that Demjanjuk was forced to join the SS to save his own life, Demjanjuk will be acquitted. Demjanjuk does not admit that he was in the SS, but he has a scar where his SS tattoo was removed. He may be guilty of lying about his past, but that is not what he is charged with in this case.
Some government elements actually tried to use these laws against Neonazis back in the 80s, but the judicial side sorta balked at it.
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