John
Demjanjuk could be whisked off to Germany within a few months
to face charges that he helped kill 29,000 Jews at a Nazi
death camp.
German prosecutors on Wednesday filed an arrest warrant for Demjanjuk, an 88-year-old
retired Seven Hills autoworker, and accused him of being
an accessory to murder as a guard at the Sobibor camp
in Nazi-occupied Poland from March to September 1943.
The allegations are based
on documents first filed nearly 10 years ago in U.S.
District Court in Cleveland that linked Demjanjuk to
Sobibor, according to federal prosecutors and published
reports.
The case also would include
Nazi transport records that list the names and ages of
victims taken to the camp and killed when authorities
say Demjanjuk was there.
The arrest warrant is the
latest in a 32-year legal odyssey that has seen the United
States, Israel and now Germany accuse Demjanjuk of sadistic
atrocities at Nazi camps. Demjanjuk has denied the allegations,
first saying he was set up by the Soviets and later that
he was the victim of mistaken identity.
His family says Demjanjuk,
who turns 89 on April 3, suffers from kidney failure
and a rare blood disease and is not able to travel internationally,
let alone face the strain of a trial. His son, John Jr.,
said in a statement that his father "has never hurt anyone before, during or after the war."
Demjanjuk's case has prompted
intense debate 64 years after World War II ended. Some
say that Demjanjuk is too old and frail to be charged
and that if Germany was serious, it would have filed
charges years ago. Others say that if Demjanjuk was at
Sobibor, he was ordered to be there.
But some say he needs to be
charged and face the consequences of working for the
Third Reich.
"It is a happy
day in Israel," boomed Efraim Zuroff, a Nazi hunter for the Simon Wiesenthal Center, in a phone
interview from Jerusalem. "It is the first step in getting him prosecuted in Germany and getting his just
rewards."
The Rev. John Nakonachny,
the pastor at St. Vladimir Ukrainian Orthodox Church
in Parma, where Demjanjuk and his family worship, said
he believes in Demjanjuk's innocence. He said, however,
that he was stunned to hear of Germany's role in trying
to prosecute a man for crimes he supposedly committed
on its behalf.
"It's absolutely
absurd that the country that forced thousands of people
from many nations to follow its orders, simply to stay
alive, is now going to charge someone," Nakonachny said.
"If it wasn't so
sad and tragic, it would be laughable."
Demjanjuk was born in Dub
Macharenzi, Ukraine, and U.S. prosecutors said he was
serving in the Soviet army when the Germans invaded the
Soviet Union in 1941. The Germans captured Demjanjuk
and sent him to the Trawniki training camp for guards
in 1942. He then went to work at various camps, prosecutors
said.
Demjanjuk, however, says the
Germans captured him in 1942 and forced him to work in
several prisoner-of-war camps before he lived in displaced-persons
camps. He then immigrated to the United States in 1952.
The arrest warrant comes three
years after a U.S. immigration judge ordered Demjanjuk
deported to his native Ukraine, Poland or Germany for
lying about his wartime past. No nation, however, would
take him, allowing him to stay at his Seven Hills home.
But after the German investigation,
authorities in Munich are expected to ask for him, and
they can simply request that the United States put Demjanjuk
on a plane, since he has already been ordered for deportation.
That move could take a few weeks, and Demjanjuk could
not appeal.
Germany could also push for
his extradition, but that could take several months,
and two federal officials said that is doubtful.
"As soon as the
defendant is in Germany, he is to be questioned and presumably
to be charged before the special criminal court for the
most serious crimes . . . as an accessory to murder in
29,000 cases," German prosecutors said in a statement.
The charges were filed after
Eli Rosenbaum, the leader of the U.S. Justice Department's
Nazi-hunting unit, flew to Munich last month to verify
that a Nazi guard identification card, listing Demjanjuk's
name, birth date and eye color, was authentic.
Demjanjuk contended for years
that the card was a forgery, but forensic analysis showed
it was genuine.
He later argued that the card
belonged to a different Demjanjuk.
The identification card has
been at the core of Demjanjuk's legal fights, first in
Cleveland in 1977, when the Justice Department accused
him of being "Ivan the Terrible," the sadistic guard who ran the gas chambers at the Treblinka death camp.
In 1983, Israel charged him
with being Ivan, and he was later convicted and sentenced
to death. The Israeli Supreme Court overturned the conviction
in 1993 based on new evidence that became available after
the fall of the Soviet Union.
The opening of Soviet archives
enabled U.S. prosecutors to uncover more evidence that
helped them prove Demjanjuk worked at Sobibor and Majdanek
in Nazi-occupied Poland and Flossenburg in Germany. They
filed new charges in Cleveland, seeking to have him deported.
Federal judges and appellate courts have agreed that
Demjanjuk worked at the camps.
On Wednesday, no one answered
the door at Demjanjuk's modest ranch house in Seven Hills.
His family wishes that he
simply stays there for his wife, Vera, and his grandchildren. "I say, 'Let the dead rest and
let God deal with the rest,' " said Ed Nishnic, a longtime family spokesman.
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