Prosecutors in Germany have reopened hundreds of investigations
of former Nazi death camp guards and others who might now
be charged under a precedent set by the conviction of John
Demjanjuk, a guard at Sobibor camp in Poland in 1943.
Given the advanced age of the suspects – the youngest is in his 80s – the head
of the German prosecutors' office dedicated to investigating
Nazi war crimes said authorities would not wait for the Demjanjuk
appeal process to finish. "We don't want to wait too long, so we've already begun our investigations," Kurt Schrimm said.
The Simon Wiesenthal Centre's chief
Nazi-hunter, Efraim Zuroff, said he would launch a campaign
in the next two months – a successor to his Operation Last
Chance – to track down the remaining war criminals.
He added that the Demjanjuk conviction
had opened the door to prosecutions that were never thought
possible. "It could be a very interesting final chapter," he said by telephone from Jerusalem. "This has tremendous implications, even at this late date."
Demjanjuk, now 91, was deported from
the US to Germany in 2009 to stand trial. He was convicted
in May of 28,060 counts of accessory to murder for serving
as a guard at the Sobibor death camp. It was the first time
prosecutors were able to convict someone in a Nazi-era case
without direct evidence that the suspect participated in
a specific killing. He has appealed against his conviction.
In bringing Demjanjuk to trial, Munich
prosecutors argued that if they could prove he was a guard
at a camp like Sobibor, which had been established for the
sole purpose of extermination, it would be enough to convict
him of being an accessory to murder.
After 18 months of testimony a Munich
court agreed and found Demjanjuk guilty, sentencing him to
five years in prison. Demjanjuk, a retired car worker who
denies having served as a guard, is currently free and living
in southern Germany as he waits for his appeal to be heard.
Schrimm said his office was poring
over its files to see if others fit into the same category
as Demjanjuk. He could not give an exact figure, but said
there were probably "less than 1,000" possible suspects living in Germany and elsewhere who could face prosecution. "We have to check everything – from the people who we were aware of in camps like
Sobibor … or also in the Einsatzgruppen," he said, referring to the death squads responsible for mass killings, particularly
early in the war before the camps were established.
It has not yet been tested in court
whether the Demjanjuk precedent could be extended to guards
of Nazi camps where thousands died but whose sole purpose
was not necessarily murder.
Murder and related offences are the
only charges that are not subject to a statute of limitations
in Germany. Even the narrowest scenario – investigating the
guards of the four death camps: Belzec, Chelmno, Sobibor
and Treblinka – plus those involved in the Einsatzgruppen
could lead to scores of prosecutions, Zuroff said.
"We're talking about an
estimated 4,000 people," he said. "Even if only 2% of those people are alive, we're talking 80 people – and let's
assume half of them are not medically fit to be brought to
justice – that leaves us with 40 people, so there is incredible
potential."
Immediately after the war senior Nazis
such as Hermann Göring were convicted at war-crimes trials
run by the allied powers, while investigations of lower-ranking
officials fell to German courts. But there was little political
will to aggressively pursue the prosecutions, and many of
the trials ended with short sentences or the acquittal of
suspects in greater positions of responsibility than Demjanjuk
allegedly had.
For example, Karl Streibel, the commandant
of the SS camp Trawniki where Demjanjuk allegedly was trained,
was tried in Hamburg but acquitted in 1976 after judges ruled
it had not been proved that he knew what the guards being
trained would be used for. But the current generation of
prosecutors and judges in Germany has shown a willingness
to pursue even the lower ranks, something applauded by Zuroff.
"Our goal is to bring as
many people to justice as possible," Zuroff said. "They shouldn't be let off if they're less than Mengele, less than Himmler … in
a tragedy of this scope their escaping justice should not
in any way mean that people of a lesser level would be ignored."
Working in favour of the new investigators
is the fact that most suspects would probably have lived
openly and under their own names for decades, believing they
had no prosecutions to fear. Those who are harder to locate
will be the focus of the Wiesenthal centre's new appeal,
which Zuroff said would include unspecified reward money
for information that helps uncover a suspect.
However, Schrimm said it makes sense
to try to bring new cases to trial once the Demjanjuk case
is through the appeals process, rather than expend the resources
needed to charge a suspect only to have the case thrown out
if Demjanjuk wins. "The suspects are old, that's why we're preparing everything now so that as soon
as there is a final decision, we can move immediately with
charges," he said.
Zuroff said he hoped the appeal would
be fast-tracked so new charges could be filed. "This is a test for the German judicial system to see if they can expedite this
in an appropriate manner to enable these cases to go forward," he added.
guardian.co.uk
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