After
three decades of defending himself from prosecution, former
Nazi concentration camp guard John Demjanjuk should soon
be leaving the U.S. to stand trial in Germany for his wartime
crimes.
On Wednesday, German prosecutors charged Demjanjuk with more than 29,000 counts
of accessory to the murder of Jews and announced that
they will seek his extradition, the AP reported. The
retired U.S. autoworker, 88, is accused of taking part
in the crimes between March and September 1943, while
he served as a guard at Sobibor, the Nazi death camp
in occupied Poland.
Last summer, the U.S. Supreme
Court refused to hear Demjanjuk's appeal of his deportation
order to Ukraine, Poland or Germany. Demjanjuk, who had
argued that the nation’s chief immigration judge lacked
authority to order his deportation, has now exhausted
all of his court appeals.
The German extradition request
and Supreme Court denial make it likely that “in a matter
of weeks” Demjanjuk will be on a plane to Germany, says
David Leopold, a Cleveland immigration attorney. The
U.S. now “has the authority to pick him up and remove
him.”
Once he’s delivered to Germany
under a valid, final order of deportation, “he’s not
coming back” to the U.S., even if Germany does not convict
him of the war crimes charges, says Leopold. “Once he’s
removed, it’s over with.”
The U.S. does not need to
hold an extradition hearing, which could take months,
because U.S. Immigration and Customs Enforcement (ICE)
could just deport Demjanjuk to Germany, which presumably
would agree to accept him, Leopold explains. However,
Germany could require an extradition hearing, delaying
his deportation, Leopold acknowledges.
Demjanjuk has been stateless
while the U.S. has tried, thus far unsuccessfully, to
persuade Ukraine or another country to take him. Last
fall, when Munich prosecutors first announced their intent
to seek Demjanjuk’s extradition, his attorney and family
said he was too frail and ill to travel to Germany.
Efraim Zuroff, director of
the Simon Wiesenthal Center in Jerusalem and that nation’s
chief Nazi hunter, could not be reached by telephone.
But Zuroff told the AP earlier that he was very pleased
with Germany’s announcement. “We’re on our way to a victory
for justice today.”
Last November, Germany’s chief
Holocaust-crimes prosecutor recommended that German authorities
seek Demjanjuk’s extradition from the U.S. to try him
for war crimes. Enough evidence existed to prove that
the Ukrainian-born Demjanjuk took part in the 1943 murders
of at least 29,000 Jews at Sobibor.
According to Zuroff, a guard
previously gave testimony that he saw Demjanjuk actively
participate in the mass murders at Sobibor. While the
guard is now dead, the evidence still exists, Zuroff
told the CJN in an interview last November.
Demjanjuk was convicted in
2002 in Cleveland federal court of serving as a concentration
camp guard, denaturalized and later ordered deported.
In his 2002 ruling, federal Judge Paul R. Matia wrote,
“Guards (at Sobibor) forcibly unloaded Jews from trains,
compelled them to disrobe, and drove them into gas chambers,
where they were murdered by asphyxiation with carbon
dioxide.”
Previously stripped of his
U.S. citizenship for lying on his naturalization documents
about being Treblinka death camp guard “Ivan the Terrible,”
Demjanjuk was extradited to Israel in 1986. There he
was convicted and sentenced to death.
In 1993, the Israeli Supreme
Court overturned his conviction based on new evidence
made available after the collapse of the Soviet Union
that someone else was Ivan the Terrible. Demjanjuk returned
to the U.S. and his citizenship was reinstated, but the
U.S. later charged him with lying on his immigration
papers about his service in other concentration camps.
Demjanjuk, a resident of the
Cleveland suburb of Seven Hills, has always denied that
he served as a concentration camp guard. He insists that
he is a victim of mistaken identity; he claims that he
was a soldier in the Soviet Army, captured by the Germans,
and spent most of the war in prisoner-of-war camps.
Consensus among young people
in Germany today is that the country still must take
responsibility for the Holocaust, says Susanne Ehard,
20, a CJN editorial intern and a native of Düsseldorf.
Sometimes she and her friends get tired of hearing about
Nazi crimes from decades before they were born, she says,
especially as she grew up taught the ideals of equality
and to respect everyone.
Still, Ehard says, extraditing
Demjanjuk to stand trial for war crimes “is the right
thing to do. It shows that Germany still cares about
its past.” She plans to return to Germany in June after
two years working as a nanny for the family of Rabbi
Edward Bernstein of Congregation Shaarey Tikvah.
Germany must take responsibility
for its past, she insists, “to show the world that we
have changed and that it’s not going to happen again.”
clevelandjewishnews.com
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