Trials of aging Nazis a ‘reminder for the present’, says German prosecutor

Lawyer Thomas Walther, 78, gets prickly when he hears criticism of German courts putting elderly surviving Nazis - many over 90 years old now - on trial.

View of the watchtower at former concentration camp Sachsenhausen
View of the watchtower at former concentration camp, Sachsenhausen, in Oranienburg near Berlin. Photo: picture alliance/dpa/dpa-Zentralbild | Paul Zinken

“No one voices any doubts when charges are filed over a murder after 30 years,” he tells AFP.

“But the prosecution of old men and old women is somehow viewed as problematic after 75 years, even if it’s about 1,000 or 5,000 murders in which active assistance was provided by the accused.”

Justice has “no expiry date”, stresses the lawyer, who has led the way on a series of twilight justice cases in Germany against the last surviving Nazis.

It was due to a case Walther put before the courts in the early 2000s that jurisprudence was set in 2011, allowing investigators to prosecute Nazi staff on the basis they had served as part of Adolf Hitler’s extermination machine.

On Thursday, another of his cases will be reaching the court.

The trial of Josef S., now 100 years old, accused of complicity in the murder of 3,518 prisoners between 1942 and 1945 at Sachsenhausen concentration camp will open. Walther is representing survivors of the horrors and their relatives.

READ ALSO: Former Nazi camp guard, 100, ‘fit to stand trial’ in Germany

The long-term prosecutor and later judge has dedicated his retirement years to bringing justice, even if late, to victims of the Holocaust and their descendants.

Besides “the relatives of those killed, countless families that have been completely wiped out too have the right to this late justice”, he says.


Located about 30 kilometres (18 miles) north of Berlin, the Sachsenhausen camp held 200,000 detainees between 1936 and 1945, mainly opposition figures, Jews and gays.

Tens of thousands of inmates died from forced labour, murder, medical experiments, hunger or disease before the camp was liberated by Soviet troops, according to the Sachsenhausen Memorial and Museum.

The accused, who lives in Brandenburg, has refused to make public comments about the trial. Aged 21 in 1942, he was a chief corporal at the camp.

READ ALSO: UPDATE: Former Nazi concentration camp secretary, 96, caught after escape bid

“The higher ranked officers have died… only those of lower ranks can theoretically still be alive today” and brought to justice, says Walther.

The German lawyer collects witness accounts from across the world that have helped to launch these last proceedings.

In the 2000s, while he was still a magistrate, he put forward the file that led to the 2011 conviction of John Demjanjuk, 90, a former guard at Sobibor camp.

A photo showing former Nazi concentration camp guard John Iwan Demjanjuk is displayed at a Sobibor press conference. Photo: picture alliance/dpa/dpa-Zentralbild | Britta Pedersen

Since then, courts have handed down several guilty verdicts on the grounds that the defendant served as part of the Nazi killing machine rather than for murders or atrocities directly linked to the individual accused.

In the early years after WWII, there was a general reluctance to pursue former Nazis, many of whom remained in key administrative and judicial positions.

Germans were focused on rebuilding a country in ruins, and many remained in denial about past crimes, dismissing the 1945-49 Nuremberg trials as “victor’s justice”.

“I know all the possible means used by prosecutors and judges 30 or 40 years ago to abandon proceedings or to deliver acquittals on Nazi crimes,” says Walther.

“Such practices have nothing to do with law and justice.”

For Walther, the trials serve as valuable deterrence even today.

“It is always a reminder for the present – there are places and actions one can’t be a part of.”

By David Courbet

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Germany in talks on further payout for 1972 Olympics victims

The German government says it is in talks over further compensation for victims of the attack on the Munich Olympics, as the 50th anniversary of the atrocity approaches.

Germany in talks on further payout for 1972 Olympics victims

Ahead of the commemoration in September, relatives of the Israelis killed have indicated they are unhappy with what Germany is offering.

“Conversations based on trust are taking place with representatives of the victims’ families,” a German interior ministry spokesman told AFP when asked about the negotiations.

He did not specify who would benefit or how much money had been earmarked, saying only that any package would “again” be financed by the federal government, the state of Bavaria and the city of Munich.

On September 5th, 1972, eight gunmen broke into the Israeli team’s flat at the Olympic village, shooting dead two and taking nine Israelis hostage, threatening to kill them unless 232 Palestinian prisoners were released.

West German police responded with a bungled rescue operation in which all nine hostages were killed, along with five of the eight hostage-takers and a police officer.

An armed police officer in a tracksuit secures the block where terrorists  held Israeli hostages at the Olympic Village in Munich on 5th September 1972.

An armed police officer in a tracksuit secures the block where terrorists held Israeli hostages at the Olympic Village in Munich on 5th September 1972. Photo: picture alliance / dpa | Horst Ossingert

The spokeswoman for the victims’ families, Ankie Spitzer, told the German media group RND that the amount currently on the table was “insulting” and threatened a boycott of this year’s commemorations.

She said Berlin was offering a total of €10 million including around €4.5 million already provided in compensation between 1972 and 2002 — an amount she said did not correspond to international standards. 

“We are angry and disappointed,” said Spitzer, the widow of fencing coach Andre Spitzer who was killed in the attack. “We never wanted to talk publicly about money but now we are forced to.”

RND reported that the German and Israeli governments would like to see an accord by August 15th.

The interior ministry spokesman said that beyond compensation, Germany intended to use the anniversary for fresh “historical appraisal, remembrance and recognition”.

He said this would include the formation of a commission of German and Israeli historians to “comprehensively” establish what happened “from the perspective of the year 2022”.

This would lead to “an offer of further acts of acknowledgement of the relatives of the victims of the attack” and the “grave consequences” they suffered.