July26. 2004  
 

Illegal, Hopeless and without Chance
Lászlo Karsai

 
 

In his response to my previous article (Those without Chance), Efraim Zuroff (director of the Wiesenthal Center in Jerusalem) not only concealed many significant facts, but also distorted my own standpoint in his interpretation (Not without Chance, ÉS, 2004/30.) In order of importance:

1. I have never stated that crime against humanity can become obsolete (lapse). Moreover, the process is strictly regulated by international agreements, and, contrary to Mr. Zuroff’s point, this principle is not the exclusive policy of the Wiesenthal Center. Even I, myself agree with the idea that if a real war criminal is found in Hungary, he should be put to trial, regardless his age
2.
I did not insist that no legal action has been started since the operation was launched. On the contrary, I quoted the relevant data given by Mr. Zuroff himself at his press conference in Budapest, 13. July. What I wrote was exactly the same as what Mr. Zuroff is compelled to admit: Since 2002, when the latest Nazi hunting campaign was started, no person has been brought to justice. The data now brought to light by Mr. Zuroff, concerning some recently opened inquiry in some intentionally unnamed countries have nothing to do with the data released by him at the press conference, aimed to convince Hungarian journalists. Then my question is: who am I to believe now? The author of the article Not hopeless, or the Zuroff speaking up on 13. July?

My partner in the debate also resented that it was me, and only me who has been asked by the different reporters to form opinion on the Nazi hunting operation. However, it was not only me who judged this initiative triggered by blood money. Historian Krisztian Ungváry, editor Sándor Révész and other columnists also share my point of view. Historians working for the Holocaust Documentation Center in Páva Street, or those in the Hungarian research group at the Yad Vashem Archives are also on my side. I just silently remark that the person heard more often than me in the different press organs was the Budapest coordinator of the campaign, Ivan Beer. Unfortunately, with his aggressive, maliciously naive and professionally less than amateur statements (in Hungarian: hozzá nem érto) he did more help to the Hungarian anti-Semitic groups. In the meantime Mr. Zuroff, though he does not mention it in his article, dismissed Ivan Beer from his post.

As Attila Péterfalvi, the commissioner for data protection made it clear in a TV broadcast on 23 July, workers of the Wiesenthal Center are legally allowed to collect personal, even sensitive data about different people in Hungary, but they can not forward the results to Israel without the preceding agreement of the people involved, that is, in this case, the charged ones. Ivan Beer seems not to have been familiar with all this. This is can be the only explanation to why/how he dared to pass on two (out of the received seven) reports to Jerusalem. Mr. Zuroff, when informed that their operation is against the current data protection laws (by the way, the law has been criticized by myself, too), he called Attila Péterfalvi the protector of Nazi war criminals! He dismissed his coordinator when he found out that Beer suspended sending the data. He also threatened to find somebody else to Beer’s position and continue the work. In other words, they are looking for people to take part in an illegal operation!

Mr. Zuroff does not remember right, he definitely has stated, that there has been no legal justice done to war criminals in Hungary following the Second World War. He is mistaken. His information is not accurate: the people’s tribunals sentenced not only war criminals, but also people who had committed crime against humanity. However, besides them (those charged with war crimes or crimes against the people,) the 27 000 condemned include others with different accusation, such as spreading anti-Communist or anti-Soviet propaganda, scaremongering, or simply calling Jews by names in the streets or in taverns/drinkeries (a special notion in Hungary called kocsma,) in accordance with the 1946. VII. article. The different councils of the people’s tribunal in Budapest had passed verdicts in 21 854 cases up to 1949. On behalf of the Yad Vashem Archives with my colleagues we worked for long years examining the documents of all these trials. We found all together 3704 cases in which the word Jew or gipsy occurred.

Mr. Zuroff is also mistaken when he infers that these people’s tribunals were “ politically motivated committees, seriously influenced by the communist power”. Back on 13. July Mr. Zuroff had not the faintest intention to call the tribunals communists! He is probably not aware of the fact that the Hungarian people’s tribunals were party courts. In the tribunals worked delegates from the various parties of the time: those in the anti-Fascist coalition, the ones united in the Hungarian National Independence Front, the absolute winner of the 1945 autumn election, i.e. the Independent Smallholders’ Party from the right wing, as well as the Socialist Democrats, the Communist Party, the Civic Democratic Party, and the National Peasants’ Party. They were later joined by representatives of the National Trade Union Association as well. It was not the tribunals of the people where the communist influence could be realized in 1945-46, but rather the AVO (State Security Office) and the peoples’ prosecutor office. In 1945-46 the Communist Party did not take a leading role in calling criminals of war and crimes against humanity to account. For example Peter Veres, who turned into a communist collaborator from a veritable popular-nationalistic anti-Semitic character and proclaimed reconciliation for young Arrow Cross Party activists, was a mouthpiece of Mátyás Rákosi in the Peasants’Party. We have records of 1786 court cases in Budapest from the year 1945, and 1401 cases from the year 1946 which involve the term Jew or Gipsy. On the whole it means, during the above mentioned two years every third trial at the peoples’ tribunal was dealing with and calling to account people who were showing brutality to Jews, robbing Jews, deporting Jews or murdering Jews. In 1947, when the influence of the Communist Party became stronger in the tribunal, the rate of similar charges began to decrease in Budapest. In numbers: 1947: 268 cases out of 3958, 1948: 205 cases out of 4971, 1949: year of the beginning of the total communist takeover: only 44 cases out of the 2690 contained the above mentioned crime.

If one goes into further study of the peoples’ tribunal trials something will become clear: it was not the party background of the delegated representatives that was likely to determine the outcome of a particular trial, but rather the personal fate, origin and conviction of the tribunal members. The Socialist Democratic or the Civic Democratic Party, for instance, delegated more representatives with Jewish origin to the committees, than e.g. the Smallholders’ Party did. It is not hard to find out, who might have voted for and against the capital punishment of, let us say, a skeleton staff member of a forced labor unit. We also know from the contemporary press that there were several demonstrations against the peoples’ tribunal in many cities of the country. The demonstrators were scolding not communist, but “Jewish tribunals”.

Mr. Zuroff, instead of trying to refute my statement that even the youngest perpetrator must be 76 by now, he simply calls my argument “misleading”. He supports his case with not a single piece of data, witness or document capable of proving that yes, it is still possible today, in 2004 to bring an ex- Arrow Cross Party war criminal to trial and to justice. I was not convinced by his example taken from Croatia. It happened about half a decade ago that as an entrusted expert I, along with my historian and jurist colleagues (on behalf on the Persecutor’s Office,) were trying to trace down the people responsible for the deportations from Korösmezo in July-August 1941. and the massacre at Kamenyec-Podolszkij. Following several months of demanding research work we came to the conclusion that all the people involved (beginning with premier Miklós Horthy and prime minister László Bárdossy to the inspectors in KEOKH (Office for Controlling People from Abroad)) can be put into three different categories:

1. those brought to trial by the peoples’ tribunals and sentenced to death or to jail for different periods of time
2.
those managed to escape abroad, to countries (e.g. Canada, Australia, etc.) where they can leave peacefully and where the Wiesenthal Center, for some unknown reasons, does not even try to find them (???? – Szilvia)
3. passed away in the meantime.
We have carefully examined enormous amounts of documents from the different archives, peoples’ tribunals and public prosecutor’s offices, and we even found living witnesses and survivors. The results, however, were more than discouraging, at least from Mr. Zuroff’s standpoint: not single one of them could be brought to trial. Ex- Arrow Cross Party criminals could be searched for today in Hungary, too, but there are too few contemporary documents at our disposal, suitable for proving their guilt at the trial. So, what remains is the report (denunciation) read out at the 13. July press conference, whose author has been peacefully living his everyday life for decades at the feet of the Bakony. In his garden, where he regularly does some gardening, allegedly lie the corpse of three labor unit servants’ victims murdered in 1944, whose murderer (or at least one of them) is reported to be living in the neighboring village. I have not the faintest clue to why, if he has known it for 60 years, it is just now that the denunciator has informed the Embassy of Israel in Budapest! And also, why did he send his report to the Embassy of Israel, and not the Hungarian authorities? Why has not been his garden dug up since the 13. July? Why has not the murderer been arrested yet? Ivan Beer has made a remark concerning the seven reports received by him, and most of them he classified as mere “assumptions” or “conjectures”. One of the two reports sent to Jerusalem by him even Mr. Zuroff’s staff found unreliable. Compared to the efforts of their PR work, one seemingly profound report does not seem to be too much!

Mr. Zuroff has, in front of his eyes, war criminals today in Hungary, who are marrymaking wandering around, go swimming daily, take their dogs for walks, etc. I, however, can more easily imagine people living on very law pensions downtown of Pest, who have no dogs, neither gardens, and who are not able to go swimming because they are ill and can not even afford their medicine. Then suddenly, for 10 000 Euros, it occurs to somebody that his/her beloved neighbor might (or surely!) has once been an Arrow Cross Party mass murderer. If not, the jury will acquit them, anyway, as happened to write a supporter of the Wiesenthal operation in a public weekly. Just try to imagine your 80-90 year old relative who, one morning, is taken by some policemen, is interrogated for long hours, and kept in overcrowded, dirty cells for weeks of custody. Then, when the time of the trial comes, it all turns out that his 95-year old accuser is not quite sure whether he saw this person in October or December, 1944, or whether it was the Pest bank of the Danube River or the brickwork’s in Békásmegyer where they met. What is more, he might have been wearing a uniform, but what kind? Was it that of a policeman, a gendarme or a soldier? Evidences like this can be found by the dozen in the peoples’ tribunal cases, though they were recorded in 1945-48! I still insist that there is not much chance for finding real war criminals and Arrow Cross Party murderers today, and there is even less chance of bringing them to justice. Yet on the other hand, I can see a great chance of suing innocent patriarchs by hundreds, in hope of the 10 000 Euro blood money. It is just a popular watchword that to develop anti-Semitism you do not even need to have Jews around. It can be proved only partially and under very special circumstances. One single case of any elderly person, no matter how healthy he is, who has been innocently slandered and defamed in hope of the 10 000 Euro blood money will be enough for journalist of the extreme right to have something to chew for weeks. Given one single person dies during the course of the investigations or the trials, the indignation of a whole nation will sweep away Operation: Last Chance.

I was criticized by András Szego (Szentendre) in ÉS, and even personally by a number of other people whose opinion is very important to me, for making it public in my writing that Ivan Beer, my distant relative, has some small shops. I would like to make it clear once more that, in my opinion, nobody without academic qualifications in either history or law should take part by any means in a Nazi hunter operation with blood money. Had Ivan Beer’s original profession been a doctor, computing engineer or iron turner, I would have written about that as well. If Ivan Beer had announced at the press conference on 13. July that although he was officially the founder and president of a Holocaust Memorial Foundation which had not been active by any way for years, yet, as an enterpreneur, he feels obliged to financially support Mr. Zuroff’s operation, I wold not have had a word. But what he did was behaving like a credited president of an acknowledged Holocaust Memorial Foundation, and not as private shop owner enterpreneur. Not even one journalist dared to ask him, on what basis he took part in this operation. But how would have they dared, really, from the president of an organization with the word Holocaust in its name… Ivan Beer said in a weekly that the whole Nazi hunter operation was passed on to him by the MAZSIHISZ (Association of Hungarian Jewish Communities). As András Heisler, president of the MAZSIHISZ has personally informed me, they have never even talked to Ivan Beer, and added that the MAZSIHISZ has intentionally kept and is keeping itself away from the blood money operation.

Just to illustrate how ridiculously the Jerusalem office is destroying the once (in the 50s and 60s) rightly deserved fame of the Nazi hunter Simon Wiesenthal Center, let me reveal one story here. On 15. July a certain holocaust survivor called me. He told me that in 1987 he (or she) shared the name and the Australian address of his brother’s murderer with the staff of the Jerusalem office. In he following 17 years the office did not do about his case as much as inform him that his report had been documented or put on a file. On the very same day I sent the name and phone number to Ivan Beer. Even up to this day, when I am writing these lines (7. August), nobody from the Center has got in contact with this person, although he stated that he was not interested in the 10 000 Euros at al, all he waned was to have the murderer put on trial. (Name and phone number still in the editor’s office…)

Mr. Zuroff, according to his own writing, is motivated by the sense of responsibility he feels for the victims of the holocaust. Consequently, the state of Israel, the authorities of which have ceased to persecute old Nazis, is neglecting, ignoring the holocaust victims. Mr. Zuroff should feel, indeed, some responsibility for the survivors of the holocaust as well. In my experience, there are many among them who, today, would rather forgive those, who sinned (committed crime) against them. Mr. Zuroff should also feel responsible for the members of the generations born after the holocaust. Our deeds are not simply led by the quest for revenge. It is most strange that Mr. Zuroff does not even try to answer the question that most of his critics have raised: If his issue is such a noble one indeed, why on earth does he need to offer 10 000 Euro to encourage people to make their reports?

László Karsai

Élet és Irodalom
Vol. 48. Issue 33.