Hungary says ex-soldier Charles Zentai suspected of beating the teen to death
in Budapest in 1944 for failing to wear a star identifying
him as a Jew; Zentai, now an Australian citizen, has denied
the allegation, and has been fighting extradition since 2005.
The Australian government will not surrender alleged Nazi
war criminal Karoly (Charles) Zentai to his native Hungary
on a war crime charge following a High Court ruling that
has been slammed by Jewish officials, Holocaust survivors
and Israel’s leading Nazi hunter.
The long-awaited ruling, handed down in Canberra on Wednesday, dismissed an appeal
by the federal government into an earlier Federal Court judgment
that Zentai could not be extradited because war crimes was
not an offense in Hungary on November 8, 1944 – the date
Zentai is accused of helping murder Peter Balazs in Budapest.
Zentai, who was a cadet sergeant in
the pro-Nazi Hungarian army, has vehemently denied he helped
murder the 18-year-old Jew for not wearing the mandatory
yellow Star of David before dumping his body in the River
Danube. The 90-year-old Perth pensioner, who was first arrested
by Australian Federal Police in 2005, claimed he left Budapest
the day prior to Balazs’s murder.
In their 5-1 verdict, the judges argued
that the extradition could not be approved because the Hungarian
authorities had requested Zentai’s surrender for war crimes,
which was not an offense under Hungarian law at the time.
“I'm just overwhelmed,” Zentai told
the Australian Broadcasting Corporation in Perth. “I've been
so stressed, the last few days in particular.”
But the judgment was met by a chorus
of condemnation.
Michael Danby, a Jewish legislator
of the governing Labor Party, slammed the verdict as “appalling.”
In a speech to be delivered in parliament
in Canberra tonight, Danby said Hungary enacted laws in 1945
to retrospectively make war crimes an offense.
“Now when a country seeks to pursue
and even investigate the crimes of former Nazis like Zentai
they will be prevented from doing so by a blockheaded majority
of High Court judges,” he said. “Those who voted for it shall
live in infamy.”
Danby said he had already approached
the Hungarian ambassador to ask whether officials in Budapest
will seek Zentai’s extradition for murder.
Israel’s chief Nazi hunter, Dr Efraim
Zuroff, who has pursued this case since 2005 when the Simon
Wiesenthal Center’s Operation Last Chance helped flush out
Zentai’s whereabouts, said the decision was “a travesty of
justice.”
“I’m fuming, I’m fuming. It’s simply
awful, a total failure on Australia’s part. They live on
a different planet. The decision not to extradite him is
simply a scandal,” said Zuroff. “The last Nazi hunter.”
“Australia totally failed in terms
of extraditing Nazi criminals – as opposed to other English-speaking
countries, like Canada and the U.S," he said. Zuroff also staunchly criticized the reasons stated for the failure
to extradite, saying “There are a ton of legal precedents
in which people were tried for crimes that weren’t in the
law books when they were committed. The Nuremberg Trials
were based on that.”
“It’s a very sad day for Australia,
a very sad day for justice and a very sad day for the victims
of the Holocaust, their relatives and anyone who has any
sense of empathy with the victims of the Holocaust,” Zuroff
said from Jerusalem. “Today my thoughts are with the Balazs
family.”
But he said the decision was “not
a reflection of Zentai’s guilt or innocence.”
Australia has “totally failed” on
the issue of Nazi war criminals, he said. “It pains me to
criticize Australia. But it has officially confirmed its
status as the worst of the Anglo countries which sought to
take legal action against Nazi war criminals.”
He noted that in 1987 Australia’s
government opened a Special Investigations Unit and investigated
841 suspects but it closed five years later without a single
conviction.
“That was a disaster and we’re paying
the price to this day,” Zuroff said. “The only people who
benefitted were the Nazi war criminals whose haven in Australia
proved to be the right choice.”
But he vowed the fight for justice
is not over, even if Zentai – believed to be Australia’s
last Nazi war crimes suspect – will not be extradited. “Last
month we caught a big Nazi criminal,” he said referring to
Laszlo Csatary. “It may be over in Australia but it ain’t
over elsewhere.”
Marika Weinberger, 84, a Hungarian-born
Holocaust survivor whose mother and two grandmothers perished
at Auschwitz, said: “It does not come as a surprise. Yes,
I am disappointed. Yes, I am sad. But I am not surprised.”
She said although she was a “proud
Australian” governments on both sides of politics had “never
spoken up hard enough.
“We remain the only country who could
have and should have” convicted Nazi war criminals. “This
is why it hurts. I can’t understand it.
“I would have liked to live long enough
that at least one would be convicted so that we would show
the world we care. But we didn't.”
Anna Berger, the president of the
Australian Association of Holocaust Survivors and Descendants,
described the decision as “regrettable.”
But she said as Australian citizens “we are loyal and grateful
to this country for the shelter it gave us and we respect
the laws of the land even if we don’t like the decision.”
Dr Danny Lamm, president of the Executive
Council of Australian Jewry, said in a statement: “The decision
of the High Court will of course be respected and adhered
to even though to many people it will seem like the triumph
of narrow formal legalism over substantive justice. It will
be distressing to many that Zentai will now live out his
final days untroubled by any prospect of having to account
for his past actions.”
The federal government approved Zentai's
extradition to Hungary in 2009 but the decision was overturned
on appeal in the Federal Court in 2011. The government then
sought the ruling of the justices of nation's highest court,
who reserved their decision in March before dismissing the
appeal today.
Zentai is not the first alleged Nazi
war criminal to avoid facing his accusers. Konrads Kalejs,
an alleged leader of Latvia’s notorious Arajs Kommando unit,
accused of murdering thousands of Jews and gypsies in Riga
in 1942-43, died in Australia in 2001 while awaiting a court
decision of whether he should be extradited to his native
Latvia. haaretz.com
|