For
some Jews, John (Ivan) Demjanjuk has long been a powerful
symbol of the hatred that fueled the Holocaust. His 35-year
legal case, the longest and most convoluted ever brought
against a Nazi war criminal, ended last weekend with his
death in a Bavarian nursing home.
He had been sentenced in Germany to five years in prison for helping to murder
more than 28,000 Jews at Sobibor death camp but was free
as he appealed his conviction. The fact that he did not die
in a prison cell disturbed some people, who thought the court
too lenient in releasing him.
But for others, he was a convicted
war criminal, and his death was irrelevant.
“He was found guilty, and his guilt
as an armed Sobibor death camp guard was finally established
in a court of law,” said Efraim Zuroff, chief Nazi hunter
and director of the Simon Wiesenthal Center in Jerusalem.
“I’m upset he didn’t die in prison,
but that’s the least of the twists and turns of this case.
It could have been much worse,” Zuroff said. “The prosecutors
in the U.S. and especially Eli Rosenbaum deserve enormous
credit for their perseverance in making sure he didn’t end
his life in Seven Hills, Ohio.”
Rosenbaum, longtime director of the
former Office of Special Investigations, the Justice Department’s
Nazi hunting unit, now is director of human rights enforcement
strategy and policy for the criminal division’s human rights
and special prosecutions section.
Germany’s decision to prosecute a
low-level Nazi death-camp guard reinforces the message of
individual responsibility for crimes committed during the
Holocaust, said Zuroff.
The fact that the Munich court convicted
Demjanjuk even though there was no evidence linking him to
“a specific crime with a specific victim” has set a precedent
that may assist in future prosecutions of Nazi perpetrators,
said Zuroff.
The court determined that anyone serving
in a “pure” death camp, without an adjacent labor camp, was
guilty of at least accessory to murder, Zuroff said. This
means that proving someone was a guard at Treblinka, Belzec,
Sobibor or Chelmno or served in the Einsatzgruppen (mobile
killing units) is sufficient for conviction, he said.
Zuroff has instituted “Operation Last
Chance,” offering a reward for information leading to the
conviction of former Nazis. So far, none of the leads has
panned out, he told the CJN.
Ulrich Busch, Demjanjuk’s defense
attorney in Munich, said his client’s “greatest wish” was
to be buried in the suburban Cleveland area where his family
lives, reported the German newspaper Oberbayerisches Volksblatt.
Busch has asked the German authorities to arrange to transport
the body here.
According to news reports March 21,
a German undertaker said that Demjanjuk’s body would be flown
to Cleveland next week.
Even though Demjanjuk’s U.S. citizenship
had been revoked, a spokeswoman for the Justice Department
said it would play no role in deciding where Demjanjuk would
be buried.
“Legally speaking, nothing precludes
him from being brought here for burial,” said Cleveland immigration
attorney David Leopold. “It’s maybe a question for customs
or the health department.”
The manual for U.S. consular officers,
available online, stresses that they are supposed to facilitate
the return of remains to the U.S. when asked to do so by
a representative of the deceased, regardless of the deceased’s
nationality, said Cleveland attorney Deborah Coleman.
While the U.S. controls its own borders,
Coleman thought refusal to allow Demjanjuk’s remains would
be an “extraordinary act and inconsistent with the policy
conveyed in the State Department manual.”
When somebody has been found guilty
of such awful atrocities, “he remains a symbol even in death,”
said Leopold. “There are plenty of places in this world where
he can be buried. I don’t think it should be in Cleveland,
Ohio, or anywhere in the U.S.”
Demjanjuk’s grave could become a shrine
to neo-Nazis, who will never forget he was mistakenly charged
with being notorious death camp guard Ivan the Terrible,
Mark Potok, senior fellow at the Southern Poverty Law Center,
told Ha’aretz. Zuroff also raised concern that a funeral
here, likely at the church Demjanjuk attended, St. Vladimir
Ukrainian Orthodox Cathedral in Parma, could result in a
demonstration of support for him.
St. Vladimir issued a statement that
it hoped one day Demjanjuk would be exonerated of being a
concentration camp guard at Sobibor, just as he was cleared
of being Ivan the Terrible. “We believe that new evidence
will be uncovered once again finding him innocent of the
latest accusations,” the church said. “Our parish and the
Ukrainian community have always supported Mr. Demjanjuk and
his claim of innocence of committing the crimes of which
he was accused.”
Cynthia Dettelbach, CJN editor during
most of the U.S. legal proceedings against Demjanjuk, attended
part of Demjanjuk’s 1981 denaturalization trial with reporter
Vivian Witt.
“Outside, members of Cleveland’s Ukrainian
community picketed and protested,” Dettelbach said. “Inside,
the real underlying issue was raised: Demjanjuk’s (alleged)
role as a Nazi guard in concentration camps where Jews were
tortured and put to death. The most gripping part of those
early days in court was the searing testimonies of survivors
who had been in places like Treblinka and remembered the
sadistic guard they knew as Ivan the Terrible.”
Dettelbach recalled the peaks and
valleys of the case against a “seemingly indestructible Demjanjuk.
I’m only sorry he died in a nursing home instead of a jail
cell.”
During much of the Demjanjuk case
in Cleveland, the Ukrainian community here felt stigmatized
by his alleged crimes, said Martin Plax, then-regional director
of The American Jewish Committee. Plax worked to lessen hostilities
and improve the relationship between the two communities.
Plax got to know Demjanjuk’s son,
John Jr., and his then-son-in-law Edward Nishnic. When he
first heard of Demjanjuk’s death, Plax said his first reaction
was sorrow for the family.
“Whatever else he was, he was still
their father,” said Plax. “There was a part of me that wanted
to send a condolence note to the kids. Why should I hate
them? It’s easy to be angry if you don’t know someone.”
He recalled Nishnic came to his office
in 1992, while Demjanjuk was on death row in Israel, after
he was convicted of being Treblinka gas chamber guard Ivan
the Terrible.
The Soviet Union had collapsed and
officials there were willing to share Holocaust-era documents
from their archives with Israeli authorities, but not with
Demjanjuk’s defense team. On Nishnic’s behalf, Plax contacted
then-U.S. Rep. Ed Feighan to write a letter to the Russian
ambassador demanding equal access to the evidence.
Feighan followed through and some
of those documents showed another Ivan was probably Ivan
the Terrible. The following year, the Supreme Court released
Demjanjuk, saying new evidence indicated someone else was
the Treblinka Ivan.
Plax also remembered a day during
the 1981 trial when he went downtown and saw that Ukrainian
survivors of the war and Jewish Holocaust survivors were
talking about their wartime experiences before entering the
courtroom. “We aren’t the only ones who are subject to hate,”
Plax said.
To Betty Gold, who fled the Polish
shetl of Trochenbrod, near the Ukrainian border, hiding in
underground caves her father dug in the woods as Nazis gunned
down nearly all of her neighbors, Demjanjuk “symbolized a
lot of people who did what he did. The world should learn
from history, so evil people like him won’t do it again.”
The Beachwood resident, 81, was glad
Demjanjuk was convicted, assuming he was guilty, she said.
“Let the rest of the world take notice. It might eliminate
a bit of the atrocities in the world, because they still
exist.”
“Obviously, it took a long time before
he got what he deserved, to face justice,” said Zev Harel,
82, a founding member of the survivors’ organization Kol
Israel and a former social work professor at Cleveland State
University. “But I do feel bad for his family.”
Only 14 when he was sent to Auschwitz
and later two other concentration camps, Harel said, “It
was one thing if you were drafted into the Nazi SS. But (Demjanjuk)
volunteered his services. I saw those volunteer (guards)
use their positions to hurt inmates. It’s unfortunate he
was identified as Ivan the Terrible, when it turned out he
was not. But in a way, it felt comfortable that he faced
justice in Germany and the German system found him guilty
and he passed away there.”
“This marks the end of a decades-long
effort in three countries that ultimately established the
truth about John Demjanjuk’s Holocaust crimes and his effort
to hide in a country that helped lead the fight against Nazi
aggression,” said the Justice Department’s Rosenbaum, who
spent most of his career running the office that discovered,
investigated and prosecuted Nazi collaborators and guards
who lied on their immigration papers and entered the U.S.
fraudulently.
“Over the past three decades, the
Justice Department, U.S. Immigration and Customs Enforcement
and our partners have sought to identify and remove those
individuals who denied so many the lives they themselves
enjoyed, and to give voice to those who were silenced,” Rosenbaum
said.
clevelandjewishnews.com
|