Ivan the Terrible (or just plain John Demjanjuk?)
Efforts to hold the Ukrainian to account for the terror he allegedly inflicted in a Nazi concentration camp have been frustrated yet again. David Usborne reports
AP
The ailing Demjanjuk is carried from his Ohio home by immigration agents, watched by his wife Vera and grand-daughter Olivia Nishnic
He is stateless, bedridden and, so his family says, in constant pain. He also has the dubious distinction of having been labelled by the rest of the world – not once but twice – as one of the last living monsters of the Nazi concentration camps. But, for now, John Demjanjuk has reason to be grateful: he is not in Germany but at home in Cleveland, Ohio.
Voicing pity in any degree for the 89-year-old former car plant worker takes you into perilous waters. There is no one at the Los Angeles-based Simon Wiesenthal Centre, the Jewish human rights group which leads the hunt for Nazi war criminals, who has the slightest doubt that he is guilty of genocide against Jews. Twenty years ago, he was identified by Israel as "Ivan the Terrible", the sadist of Treblinka, and tried and sentenced to hang. Famously, that conviction was overturned.
Now it is Germany's turn to pursue Ukrainian-born Mr Demjanjuk, who after the debacle of his Israeli conviction, was allowed to return to the US. Late last year, the German office responsible for charging Holocaust killers – or the guiltiest among them – declared itself ready to prosecute him on German soil on charges not related to Treblinka but to the labour camp at Sobibor in Nazi-occupied south-east Poland. At the heart of the case against him is the allegation that he helped to murder 29,000 people during the Second World War.
Few humans were ever as reviled as Mr Demjanjuk while he was on trial in Israel in 1988. Survivors of Treblinka recalled watching him slice the breasts off Jewish women and ordering a male inmate to rape a 12-year-old girl. When Israel's Supreme Court admitted to problems in his case in 1993 and let him go – without formally acquitting him – he may or may or not have expected to live out the rest of his life unbothered by the past. But if he did, he was mistaken.
The grim chronicles of Mr Demjanjuk, who originally fled to the US during the confusion of the post-war years, resumed in early 2002 when a US judge revoked his American citizenship for a second time. In 2005, another judge ruled that he could be extradited to face trial in Germany, Poland or even Ukraine. After the Central Office for the Investigation of Nazi Crimes, based in Ludwigsburg, near Stuttgart, said last October that it was ready to go to trial with new charges against him, an official request was made by prosecutors in Munich to have him extradited from America.
That the US would comply never seemed in doubt. While Mr Demjanjuk's large and loyal family worked hard to persuade the courts that he was too frail to be deported and that the journey to Munich would constitute torture – because he suffers from a variety of ailments including kidney disease, anaemia and a bone marrow disorder – US officials were disinclined to listen. On Tuesday, they finally came to get him.
There may have been some family theatre involved, but the scenes outside Mr Demjanjuk's home in Seven Hills, just outside Cleveland, did not inspire confidence that he would make it to Germany alive, let alone to the end of what is sure to be a lengthy trial in Munich.
Television cameras whirred as sweating immigration marshals heaved the still-hulking man through his front door in a wheelchair to whisk him away in a white van, first to a federal building downtown and in the evening – or so they thought – to a plane bound for Germany.
As his white-haired wife, Vera, sobbed into the shoulder of a granddaughter on the front lawn, Mr Demjanjuk looked corpse-like in the hoisted wheel chair, his jaw dropped wide open in shock or pain or both. Two priests were inside the house when the old man was removed from his bed, reportedly mouthing just three words to relatives at his side: "I love you".
Among the family members present was his grand-daughter Olivia Nishnic, 20, for whom the Second World War and the concentration camps are nothing more than pages in history books. "It was horrendous," she said of his removal. "He was in such pain. I wouldn't want to see anyone go through something like that."
But if America was happy to be getting rid of him one more time, it was to be disappointed. At the 11th hour on Tuesday, a federal appeals court finally responded to his family's pleadings about his health and issued a stay on Mr Demjanjuk's deportation. Before sundown, he was once again in the care of his loved ones and on his way back in a Ford pick-up to his home, where he remained yesterday.
Among those celebrating was his former son-in-law and the family spokesman, Ed Nishnic. "We are delighted," he said. "It is just a shame that Mr Demjanjuk had to go through the hell that he went through once again this morning."
The US Immigration Service said that although Mr Demjanjuk was allowed to return home, his movements would be monitored electronically, in case he tried to flee. Officials at the Justice Department promised to fight to complete his deportation to Germany as promised.
Whether this is a reprieve that will last days or last indefinitely remains unclear. Mr Demjanjuk's lawyer in Germany said yesterday that his client had a kidney tumour, needed chemotherapy and was entirely unfit to travel. His son, John Junior, complained that he was misled by US government officials about the circumstances of the deportation. "He can't stand up and walk out of the house," he said. "We weren't anticipating anything like this. I was told that a family member could accompany him. We also were told that we would have three to five days' notice before anything happened."
For those anxious to see Mr Demjanjuk face justice, the delay, or worse, is intensely frustrating. "We remain confident that John Demjanjuk will be deported and finally face the bar of justice for the unspeakable crimes he committed during the Second World War," said Rabbi Marvin Hier, of the Wiesenthal Centre. "His work at the Sobibor death camp was to push men, women and children into the gas chamber. He had no mercy, no pity and no remorse for the families whose lives he was destroying forever." Mr Demjanjuk has always maintained that, far from being a guard, he was a prisoner of war at the hands of the Germans.
The delay will also test the patience of the Nazi Crimes Office in Ludswigsburg. "It is now possible to give the precise names and birth dates of the victims," Kurt Schrimm, the head of the unit, said last year when the case was first announced. He said the oldest of Mr Demjanjuk's victims was a 99-year-old Dutch Jew, while the youngest were babies born on the trains that transported Jews to concentration camps and their awaiting gas chambers. "This is a great chance for us to call Demjanjuk to book and make him face up to the responsibility for his crimes."
Assuming it ever gets under way, his trial in Munich promises also to be a seminal moment for Germany as a whole. The scenes in the Bavarian courtroom would be as gruelling and upsetting as anything depicted in recent Holocaust-inspired fiction, including the Oscar-winning film The Reader, but will be rooted in distant but nonetheless terrible reality. The last big show trial of a Nazi war criminal was in 1992, when SS officer Josef Schwammberger was jailed for life for murder and for being an accomplice to murder. He died in prison in 2004.
And, it could also turn out to be the last such trial, a final reckoning for all Germans for the things that happened under Hitler. There is no statute of limitations on trying those accused of genocide, but no one at risk of prosecution for actions taken during the Second World War can be less than 80 years old today.
That is not to say that Mr Demjanjuk is the last person that the Nazi Crimes Office in Ludwigsburg is pursuing. It reportedly has its sights on four other men who now live in the US after allegedly attempting to flee their pasts as concentration camp butchers. But those cases are mostly in their preliminary stages, which means that for now it is the Demjanjuk trial that Germany and much of the world is waiting for.
Some in Germany would rather it was not Mr Demjanjuk providing what may be the final dénouement to their ancestors' Nazi allegiances and the national repentance that followed it. He was not, after all, even a German national but one of a large cast of east Europeans – so-called Volksdeutsche – hired by their new German masters to carry out some of their worst, most unspeakable work.
Some argue that a German law passed in 1968 actually let scores of nationals off the hook who had murdered, but not too egregiously. The law said: "In the absence of personal characteristics, conditions or circumstances establishing the culpability of the offender, the offender's sentence shall be mitigated."
As Der Spiegel, the German magazine, reported this week, German courts have investigated more than 100,000 cases covering the war years, but only 6,500 of the accused were sentenced. Christiaan F Rüter, a criminal law professor in Amsterdam, told the magazine: "While senior government officials, officers and commanders enjoyed their retirements in peace. This old man is now expected to pay for everything."
He means John Demjanjuk, of course. However, it may be that old age, and the frailty that comes with it, ensures that his moment in the Munich courtroom never comes – and he pays for nothing.
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Comments
Olexander, London
Leave the poor guy alone. He is sick, and dying. Right now the only one who should be allowed to pass judgement on him is God.
My grandfather was 18 when he was drafted to Soviet Army in September 1942. He joined infantry and almost instantly found himself on the frontline. Wounded, few months in the hospital and back to the frontline to be in Kursk, in July 1943. How he survived we still wonder, he was a mess, almost shredded to pieces, he only about a year ago started telling us about war. Before he used to say "There's nothing heroic, it's hard job, but we were doing it for our families". Referring to "the Ukranian who was drafted by Russians", well, it was our War, we were Soviets and we were "doing it for our families". So some respect would do.
Thank you.
I covered the Demjanjuk trial for six years as a reporter in Israel. There was not a doubt in the opinion of the Israeli court that he had murdered people at Sobibor; he was let go because legally he had been tried as having been at Treblinka and there was doubt cast about that. His SS identity card clearly places him at Sobibor, a "sister" (if this metaphor can be used in such an odious context) camp to Treblinka.
You have such pity for an old, infirm man, but the Nazi guards and their helpers at Sobibor had no such compassion for the old men and women they drove into the gas chambers to die.
Consider that Demjanuk may be telling the truth. After all he stood trial in Israel and was not convicted. If he goes to trial and is found to be innocent what will you, who have aleady condemed him, think of yourselves. You have the same mind set as the killers you say you after! Shame on all of you.
They should have done the job 64 years ago. It would have saved his family's distress today...
It's disgusting to see that such people are granted the American citizenship in the first place, while other common "white doves" like us would have to struggle for years.
Say the defense in Germany asks for proof of the existence of a gas chamber for killing people in Treblinka or Sobibor..
The solicitor would immediately be jailed, and be subject to up to five years in jail just for asking for proof of the existence of the crime scene / murder weapon.
You think it's far fetched to ask such questions?
Read 'Debating the Holocaust', by Thomas Dalton.
It lists revisionist arguments and claims side by side with what so called 'official historians' say.
You may be up for a big surprise and get a picture which is a whole lot closer to the real world than what you hear when you listen to the popular propaganda in the press.
IF THERE IS NO SOLID EVIDENCE I FIND IT DEEPLY UPSETTING THAT A MAN WHOSE CONVICTION WAS OVERTURNED IN ISRAEL HAS TO GO THROUGH THIS WHOLE AFFAIR AD NAUSEAM.
I WOULD ALSO LIKE TO SEE WAR CRIMINALS AND TERRORISTS THAT WERE COMMITTED TO ISRAELI POLITICS GET THEIR DUE AS WELL. I WOULD LIKE THEM TO FACE THEIR CRIMES AND THEIR VICTIMS. I AM NOT GOING TO LIST THEIR NAMES, BUT THERE IS A WHOLE CRIMINAL GANG ON THE LOOSE. THE PHOTOGRAPH I SAW ON THIS ARTICLE, OF A FRAIL OLD MAN BEING CARRIED AWAY AS SUSPECT OF MASS MURDER DID GIVE ME HOPE THAT NOT EVEN THOSE ONES THAT ARE IN A PERSISTENT VEGETATIVE STATE, LIKE Mr ARIEL SHARON, MIGHT ONE DAY STAND TRIAL AT AN INTERNATIONAL COURT OF JUSTICE. BECAUSE THAT IS WHAT THESE NASTY AND HORRIBLE PEOPLE DESERVE. I MAKE RABBI MARVIN HEIR' WORDS, WIESENTHAL CENTER FOUNDER AND DEAN, MY OWN, WHEN HE ADDRESSED THE DEMJANJUK AFFAIR: "His defenders say that at 89, he is too old to be deported. His 29,000 victims would have only wished that they would have been so fortunate to reach the age of 89. John Demjanjuk deserves to be punished for the unspeakable crimes he committed, ".THE RABBI IS DEAD RIGHT THERE AND THE SAME KIND OF JUSTICE HAS TO WORK FOR MANY OTHER MASS MURDERERS AND WAR CRIMINALS, AS WELL. I ACCEPT NOTHING LESS OR JUSTICE IS JUST AN EMPTY VACUOUS WORD. A MOCKING JUSTICE. A JUSTICE USEFUL FOR POLITICAL GAIN. NOTHING MORE THAN THAT.
While his role as a guard at this death camp has been proven to be minor, he still played a role. Because of this, he should be deported and face trial. Given the sentences imposed on most of the Nazi guards at Sobibor as well as the few Ukrainians who have been tried, he might spend a couple of years in jail, but not much longer.
The majority of the crimes against humanity at this camp were committed by the Nazi guards and the Kapos in the camp. The Ukrainian guards were often little more than hired guns standing guard on the perimeter of the camp.
Say, which camp WAS it that Mr. D. worked at? Was it Sobibor, or Treblinka, or...? All those Camps sound the same after 65 years...
God save us all from the likes of Mr. D's persecutors.
Have you never watched a video about the constant Hamas rocket-firing on Sderot, against little children, women, men? Take a look at this, before Israel opened the "Cast Lead" operation to bring a little relief:
http://www.youtube.com/watch?v=QCHbihJI
Have you forgotten the almost two thousand Israelis murdered in cold blood my Arab terrorists since 2000?
Your selective, disgusting anti-semitism, no matter how you wrap it up in your odious politics, remains just that -- disgusting, odious anti-semitism.
No wonder you are defending a henious murderer like Demjanjuk.
Who cares about his "age"? Did he care when he butchered and gassed his victims?
Get some balance and get a life.
He was convicted by the Israeli court which conveniently accepted questionable and contradictory testimony to the effect that he was Ivan the Terrible. One of the so-called eye witnesses had some years earlier written a book that he had killed Ivan the Terrible with a shovel in a camp uprising. He nonetheless testified, under oath, at the trial in Israel that John Demjanjuk was the alleged Ivan the Terrible who gassed victims with diesel fumes (not lethal internal combustion fumes). It was only after evidence presented as a result of extensive research by Jerome Brentar that the Israeli Supreme Court trying to salvage a semblance of integrity could no longer maintain the fiction and overturned the conviction.
Having failed to get him as "Ivan the Terrible", the vengeful zealots went after him again alleging he was a guard at another camp. What's to prevent these zealots from finding more so-called eye witnesses? It's widely accepted that unless corroborated with hard evidence the credibility of eye witness testimony diminishes as time passes and is completely irrelevant after a few years. Add to that, ageing "witnesses" with their inevitable failing memory have been influenced over the years with a barrage of sensationalised material much of it pure fiction. With this and the skewed German law preventing the defence, on pain of conviction, from presenting evidence that would challenge allegations of murder how could he receive a fair trial?
Get your facts straight. You omit just enough to make it sound as if you know what you're talking about, which you don't.
Essentially, had the governments of the world done their job correctly, Nazi criminals would have been brought to justice decades ago. Perhaps had they been more vigilant then, we would have the overwhelming, ever growing number of rabidly hateful Moslem terrorists and wanna-be terrorists roaming every single civilized country, as they are today.
YOU GUYS SHOULD BE ASHAMED OF YOURSELVES! THINKING OF HIS ONE FAMILY AND NOT THE THOUSANDS HE KILLED. I HOPE YOU ALL ROT IN HELL WITH HIM!
My grandparents were in concentration camps, and to hear you talk like this guy has suffered enough makes me BARF.
------Sam, Los Angeles EMAIL ME IF YOU HAVE SOMETHING TO SAY: edmantel@aol.com
Doc - California
So if a murderer is persecuted and sent to prison/death - how soon are your dear loved ones coming back? Yes, it is painful, and I feel greatly for all people. Do you honestly think putting a murderer down/away would actually give you lasting peace of mind about your loved ones or those who died? How soon after are you going to mourn again? There is no better or LASTING justice of judgement, apart from Gods'. As some of you say, "in our next life" - who will really be there, and who won't? None of us know the real answer to that - only what we assume.
No, I'm not a preacher. But throughout my life, I've had numerous out-of-body experiences, and I've been places where many can only dream of. The best thing any of us can do, is pray for everyone - forgiveness is the ONLY key to true happiness in life. We all have our choices to forgive or not...but for those who persecute and do not forgive - neither will God forgive you for your persecution.
We can never forget. Forgiveness helps to learn to go one with our lives in happiness instead of bitterness - which is bad for your soul.