BERLIN //
The Simon Wiesenthal Centre’s chief Nazi hunter,
Efraim Zuroff, has warned against “misplaced
sympathy” for John Demjanjuk, the frail 89-year-old
former auto worker who will enter a German court
in a wheelchair today to face charges of helping
to murder 27,900 Jews in the Holocaust.
Mr Demjanjuk,
who was born in the Ukraine, and who is accused
of hounding Jews into gas chambers in the Sobibor
extermination camp in Nazi-occupied Poland in
1943, has been diagnosed with a bone marrow disease
and his lawyer says he is in constant pain and
“mentally absent”.
But Mr Zuroff
said in an interview that Mr Demjanjuk, who fought
extradition from the United States to Germany
this year arguing he was too ill to be moved,
had a track record of playing up his ailments.
“There’s nothing like a little drama, and Demjanjuk
is great in that respect; he’ll do whatever it
takes.”
Asked if he
thought the sight of a weak old man might provoke
doubts about the trial, Mr Zuroff said: “There’s
always a risk of what I call misplaced sympathy,
and this is a classic case of it.
“The passage
of time in no way diminishes the guilt of the
killers. It would be outrageous for people to
get off the hook and escape trial or punishment
because of their age. Every victim of the Nazis
deserves that an effort be made to hold the perpetrators
accountable.”
The trial in the southern city of Munich is being billed as the last major Nazi
war crimes prosecution, and more than 200 journalists
from around the world are accredited to cover
it.
At least 30 relatives of victims, many of them living in the Netherlands, from
where trains took more than 30,000 Jews to Sobibor
in 1943, have been registered as co-plaintiffs,
which gives them the right to make statements
in court.
“Most of the
co-plaintiffs say, ‘We owe it to our parents
and our siblings that we sit here, that’s the
last thing we can do for them – see one of the
people who participated in murdering them face
justice,” Cornelius Nestler, a law professor
at Cologne University who is advising them, said.
“You won’t
see the face of evil in Demjanjuk. You will see
an old man. But the focus of this trial should
not only be on the defendant and his age, it
should be on what he did.”
According
to court documents, Mr Demjanjuk fought in the
Soviet army, was taken prisoner by the Germans
in 1942 and volunteered to become a concentration
camp guard for Adolf Hitler’s murderous Schutzstaffel
(SS) organisation, which staffed the camps.
Prosecutors
say he was stationed for six months at Sobibor,
where he helped other guards herd people off
railway carriages, force them to strip naked
and push 80 at a time into the four-by-four metre
gas chamber.
Engine exhaust
fumes were pumped in, causing a lethal mix of
carbon monoxide and carbon dioxide that killed
after 20 to 30 minutes.
German prosecutors
have stepped up efforts to bring the last surviving
perpetrators to justice in recent years.
However, they
admit that Mr Demjanjuk was only a tiny cog in
the Holocaust machinery. Far more senior SS members
got off with lenient sentences or were acquitted
in Germany in the 1960s and 1970s.
Until recently,
justice authorities refrained from even pursuing
the lower-ranking foreign henchmen of the SS.
This approach has changed radically with the
Demjanjuk trial, Mr Nestler said.
“The German
justice system is finally applying the right
standards to dealing with the Holocaust, which
is that everyone who participated in an extermination
camp has to be held responsible,” he said.
In the 1960s
and 1970s, German courts argued that the top
Nazi leadership was principally to blame for
the Holocaust and that people carrying out orders
were bound by a chain of command and therefore
had limited culpability, Mr Nestler said.
German courts
have convicted 6,656 Nazi war criminals in 36,000
trials since 1947, but the overwhelming number
of sentences amounted to less than one year in
jail, according to figures from the Institute
for Contemporary German History in Munich.
“Overall,
Germany’s track record on war crimes prosecutions
has been patchy, but there has been a new push
recently,” Andreas Eichmüller, an expert on trials
of Nazi criminals at the institute, said.
“That may
be because so few perpetrators are still alive,
which enables investigators to focus more heavily
on individual cases. Also, there’s a new generation
of prosecutors who have been pursuing this with
a lot of energy.”
Germany has
seen several such trials this year. Last month,
Heinrich Boere, a former SS assassin accused
of killing three Dutch civilians in wartime Holland,
went on trial. This month Adolf Storms, 90, was
charged with killing 58 Jewish forced labourers
in Austria in 1945.
In August,
Josef Scheungraber, a 90-year-old former army
officer, was convicted of murder for ordering
the killing of 10 civilians in a 1944 reprisal
action in Italy. He was sentenced to life and
plans to appeal the verdict.
“We’re definitely
much happier with the level of prosecutions;
there’s a positive change and we’ve had some
very significant practical results,” Mr Zuroff
said.
Prosecutors
believe that proving Mr Demjanjuk was in Sobibor
will be enough to secure a conviction. They will
produce his SS identity card and other documents
as evidence, and will call 23 witnesses, including
two survivors of Sobibor, Thomas Blatt and Jules
Schelvis, in the trial, which is expected to
last until May.
Mr Demjanjuk
admits he was at other camps but has denied being
at Sobibor, which prosecutors say was run by
20 to 30 SS members and 100 to 150 former Soviet
prisoners of war.
His lawyers
are expected to argue that Mr Demjanjuk volunteered
to be a guard to save his own life. Two thirds
of Soviet prisoners of war – around 3.2 million
of five million – died in German captivity. At
least 250,000 Jews were killed in Sobibor, in
south-eastern Poland.
Mr Demjanjuk’s
attorney, Günther Maull, said convicting him
solely on the basis of his presence at Sobibor
and without proving that he committed specific
crimes was legally unacceptable. “In my view
that would in no way suffice to secure a conviction,”
Mr Maull said.
His past has
hounded Mr Demjanjuk for decades. He was extradited
from the United States to Israel in 1986 where
he was charged with being “Ivan the Terrible”,
a notoriously evil guard at the Treblinka death
camp.
He was sentenced
to death in 1988, but his conviction was overturned
when new evidence showed another man was probably
“Ivan”.
Mr Demjanjuk,
who speaks little English even though he lived
in the United States for decades, will have a
Ukrainian interpreter. The trial days will be
limited to two 90-minute sessions, but Mr Maull
said his client will probably not be able to
follow the proceedings.
“He’s mentally
absent; it could be through the pain or just
because of his age. He will be in a wheelchair;
he can’t walk anymore. He’s in constant pain;
if he’s been sitting for a while he has to lie
down to recover,” Mr Maull said.
If found guilty,
Mr Demjanjuk could spend the rest of his life
behind bars. For the relatives of the victims,
it is not just about justice but about paying
homage to the families they lost.
Mary Richheimer
Leijden van Amstel, 70, survived in the Nazi-occupied
Netherlands because she was hidden by friends.
Her parents, grandparents and cousins all died
in Sobibor. “Going to Munich is the only thing
I can still do for them,” she told the German
news magazine Der Spiegel last week.
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