One after another, more than 30 years ago, a series of Holocaust
survivors identified John Demjanjuk, a strapping, round-faced
Ukrainian who had come to live in the United States, as "Ivan
the Terrible," the sadist who ran the gas chambers at
the Treblinka death camp.
One after another, Josef Czarny, Pinhas Epstein, Eliahu
Rosenberg and others testified against Demjanjuk in Jerusalem,
describing the "satisfaction and gratification" he
took from breaking the bones of his victims and the relish
with which he pumped carbon monoxide into the gas chambers.
But the survivors, so confident in their identification,
were mistaken. At Demjanjuk's 1993 Supreme Court appeal,
it became clear from the testimonies of Treblinka guards
who had been tried and executed by the former Soviet Union
in the 1940s, 50s and 60s - evidence that the FSU had previously
declined to make available - that Treblinka's "Ivan" was
a man named Ivan Marchenko, older and darker-haired than
Demjanjuk, and scarred on one cheek.
John Demjanjuk was not "Ivan the Terrible." In
the memorable words of Efraim Zuroff, the Nazi-hunter who
heads the Simon Wiesenthal Center's Israel office, however, "He
was another terrible Ivan."
ZUROFF APPEALED in vain to have Demjanjuk tried here for
his involvement as an accessory to the murder of 29,700 Jews
at Sobibor, the Polish death camp where he was a guard.
Demjanjuk's own alibis - the claim that he had been a Red
Army soldier captured by the Germans in the Crimea, then
held in a prisoner of war camp - had been dismissed at his
1988 trial in the face of the documentary evidence of his
own signed ID card from the SS training camp at Trawniki
in Poland, which recorded his transfer to Sobibor.
But the Supreme Court, in Zuroff's assessment, "lost
its nerve." It overturned Demjanjuk's conviction as "Ivan
the Terrible," ruled that he had already served the
seven-year jail sentence due a member of a Nazi organization
and ordered him deported.
Now, in Germany, the wheels of justice have turned slowly
but inexorably forward, and Demjanjuk finds himself in the
dock again.
This time, there are no direct, elderly eyewitnesses to
point a shaky finger in his direction. But the "totality
of evidence," according to the spokeswoman for the Munich
state prosecutor, "is overwhelming."
The SS ID card places him incontrovertibly at Sobibor, and
his ID number appears on various documents related to the
camp. An American court has already established, in a 2002
ruling, that he contributed to the mass murder of Jews. The
court was persuaded by evidence compiled by the US Justice
Department, which showed that he had given false information
about his activities during the Holocaust when gaining American
citizenship. Accordingly, he was stripped of that citizenship
and, in May of this year, deported to Germany.
The so-called "lowest-ranked person to go on trial
for Nazi war crimes" is facing justice there because
almost 2,000 of his alleged victims were German Jews. He
faces up to seven years in jail if convicted... and if, today
aged 89, he lives that long.
MANY, IN Germany and beyond, are discomfited by what they
perceive as the hounding of an old and dying man. Many are
suggesting that this may prove to be the last headline-making
Nazi war crimes case.
In fact, new allegations against suspected Nazi war criminals
continue to emerge, hundreds of investigations are ongoing
in over a dozen countries, and there have been numerous convictions
and legal victories in recent years, relating to members
of murderous security police units and concentration camp
guards.
Wolfgang Benz, the director of Berlin's Center for Research
on Anti-Semitism, said earlier this week that the Demjanjuk
trial marked a vital case of Germany "dealing with our
past" - a constant obligation, as he saw it. And he
noted that "there is no statute of limitations for the
crime of murder."
Indeed, the crucial morality at the heart of the new Demjanjuk
trial lies in its message that the passage of time in no
way diminishes the gravity of the crime and the guilt of
its perpetrators, and that there can be no reward for having
evaded justice through the decades and into old age.
jpost.com
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