Cornelius
Nestler, who represented the families of Demjanjuk victims,
says: If these kind of cases are not prosecuted in the next
two to four years, they will never happen.
"A small fish" is one expression whose literal meaning is identical in German and Hebrew. As
in the holy tongue, when someone uses the term in German,
the reference is to something of little value. The expression
refers to someone low on the totem pole - to a person like
John Demjanjuk, the Ukrainian guard at the Sobibor concentration
camp who was convicted last May of abetting the murder
of tens of thousands of Jews.
"Yes he is a small fish - of course, that's right. He was at the lowest level
of the hierarchy. But from the perspective of my clients,
who lost their families in Sobibor, there's no doubt that
everybody, big fish or small, who participated in murder
of their families should be brought to justice," opines Prof. Cornelius Nestler of Cologne University, who represented the victims'
families in the Demjanjuk trial in Germany.
Nestler, who is married to a Jewish woman, visited Israel this week for the first
time in his life, as a guest of the Hebrew University's
Institute for Advanced Studies, where he delivered a lecture
entitled "Demjanjuk Trial: the Voice of the Victims."
The problem prosecutors faced in this Demjanjuk trial, Nestler states, "was not to put him on trial for what he did, but rather to put him on trial after
they [the prosecutors] have not prosecuted all sorts of
higher ranking Nazi culprits in past decades."
Demjanjuk currently resides in
a senior citizens' facility in Germany, pending an appeal
of his conviction and five-year prison sentence. The court's
decision on his appeal, and whether he gets sent to prison,
will not come for another few months.
Meantime, the attorney Nestler
is on the prowl for other "small fish." In an interview with Haaretz in Tel Aviv, he relates that he has a list of 28
German guards who were deployed at the Flossenburg concentration
camp in Bavaria. These are persons who were born before
1925, and who are now octogenarians. "Statistically speaking, I would assume that some of them are still alive, and
so a prosecutor needs to do his job and find them," Nestler states. "Age doesn't play a role. You cannot run away from your responsibility just because
you are getting old."
Between 1938 and 1945 some 97,000
prisoners entered this camp. According to data held at
the United States Holocaust Memorial Museum in Washington,
some 30,000 persons, including 3,515 Jews, perished at
this camp and its surrounding facilities. "A person who was a guard at this camp made sure that prisoners couldn't escape,
and so he has to be questioned," Nestler says.
Unlike Demjanjuk, a Ukrainian
who was taken captive by the Nazis, the people on this
new list were German citizens. "The German guard could have said 'I don't want to do this, I would rather go
to the front,' but they did not make such a request because
they didn't want to risk their lives," the attorney opines.
Nestler relayed the new list to
the German chief prosecutor in Munich, who is responsible
for bringing Nazi war criminals to trial. But then his
work hit a snag. "The prosecutor needs to do his work and track down these people. But he isn't
really moving forward in the investigation in a timely
fashion," Nestler says diplomatically.
Particularly frustrating is the
fact that tracking down these suspected death camp guards
would not require sophisticated detective work. Phone books
and computerized data bases would suffice. "Any policeman in Germany could do this by using information readily available
to him," states the attorney.
So why hasn't this happened?
"It seems to us that
this is not a matter of a lack of desire to do the work;
the problem is lack of resources. There is only one prosecutor
who is not at work on at least two large, pending cases."
In addition to the list of suspected
death camp guards, the other case involves another elderly
Ukrainian, John Kalymon, who was a policeman in Lvov and
is suspected of having cooperated with Nazis in the persecution
and death-deportation of Jews. Like Demjanjuk, this suspect
also drifted into the U.S. after the war. Germany is currently
expected to request his extradition.
"All the evidence is
available" in this Kalymon case, Nestler insists. "A 200-page report has been compiled, but the prosecutor says he doesn't have
enough time to prepare an arrest warrant because he is
too busy with other cases."
Nestler is sympathetic regarding
the prosecutor's limited resources and wherewithal. His
accusation applies to persons higher up the governmental
chain: "Of course, most Western societies have cut allocations in the public sector,
including funds for prosecutors. But I personally think
it is clear to everyone that if these kind of cases are
not prosecuted in the next two to four years, they will
never happen. The witnesses are still alive, and so you
have to do something rather soon."
Despite the red tape and lack
of resources, Nestler hasn't quit the chase. In Israel,
he met with two elderly people who live in Tel Aviv, and
who lost relatives who were from Lvov. These two people
discussed the sort of testimony they might provide, if
Germany goes ahead and prosecutes this case.
haaretz.com
|