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Sunday 27 May RNW - News and analysis from the Netherlands in 10 languages, worldwide 24/7 on radio, television and online
John Demjanjuk
Rob Fransman's picture
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Munich, Germany
Munich, Germany

‘Demjanjuk’s release is a masterstroke’

Published on : 13 May 2011 - 2:38pm | By Rob Fransman (Photo: ANP)
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Several months ago, I had a brief conversation with Judge Ralph Alt. “Doesn’t it get to you that the defendant has never looked at you?” I asked him. He just smiled and said the day would come Demjanjuk would have no choice but to look at him. On that day, he would not be allowed to hide behind his dark glasses and his baseball cap.

The last major Nazi war crimes trial

The trial against John Demjanjuk is regarded as the last major Nazi war crimes trial. There are still 12 names on the most-wanted list of the Simon Wiesenthal Centre, which seeks to bring to justice the last fugitive war criminals who were involved in the Nazi reign of terror during World War II.

However, as the years go by, witnesses become increasingly hard to find. The Demjanjuk trial was the first of its kind in which a suspect was convicted without evidence of his personal involvement in the gassing of Jews.

More than 250,000 Jews were killed in the Sobibor destruction camp, including at least 34,000 Dutch Jews.

(gsh)

By co-plaintiff Rob Fransman

“Will this be the day he finally looks you in the eye?” I asked Judge Alt on the morning of 12 May. “Don’t you worry”, he replied. “Whatever happens, today I pass judgment.”

That was quite a relief. Demjanjuk’s lawyer Ulrich Busch had already spoken for 18 hours; five interminable days. Howver, it was over now; the defence rested its case. In a last attempt to delay the inevitable, Demjanjuk’s lawyer handed the Judge a thick sheaf of requests. They were all rejected at record speed.

Would the public prosecutor or the co-plaintiffs like to comment on this decision? Nobody. “The defence, maybe?” The whole court held its breath. Mr Busch had the right to speak for as long as he wanted, but he had had enough as well. The court could pass judgment.

Five years
I will never forget the moment the court handed down its verdict. Everbody stood: the judges, all the officers, the audience and we, the co-plaintiffs, side by side with our lawyers. Only Demjanjuk sat. Without his cap, without his sunglasses, without even the olive-green jacket he had also when in bed.

He looked at his judges for the first time. Judge Alt read out the verdict: "John Iwan Demjanjuk, this court finds you guilty on 16 counts of complicity in the murder of at least 28,060 people and therefore sentences you to a term of imprisonment of five years.”

We were allowed to sit down. Demjanjuk was allowed to return to his bed. The nurses gently helped him get in. In his motivation, Justice Alt emphasised the major role the co-plaintiffs had played by listing date by date the trains from the Westerbork transit to Sobibor; and the relatives we had lost there. And so it was that for the third time in 18 months I heard the following words:

“9 April 1943. There were 1,992 people on the train; 1,900 were no longer alive two hours after it arrived. The victims included the parents of co-plaintiff Robert Fransman.”

Damn! I thought that all that I’d heard during the more than 70 days of court proceedings had toughened me up, made me even a little cynical, but I cried just like my fellow co-plaintiffs.

Further detention unnecessary
Each and every argument ever presented by the defence was negated. Demjanjuk’s crimes deserved the maximum punishment of 15 years in jail, but the court took into account the years Demjanjuk had already spent in Israeli prisons. And after all, he is already 91 years old.

Eventually, Judge Alt concluded, two years on remand had been enough. Demjanjuk is a stateless citizen. He will be unable to leave Germany, the country he proclaims to hate. So there was no further reason to continue his imprisonment. Demjanjuk was free. Five minitus later, Ulrich Busch was triumphantly wheeling his client through the corridors of the court building. Demjanjuk was looking at the journalists. Gone were his dark glasses, gone his cap.

Call for justice
The decision to release him was a masterstroke. Demjajuk was found guilty, he was convicted. That is the main thing. It must be a major blow to the revisionist circles which have supported this criminal through thick and thin. How his punishment is put into effect is none of our concern. By convicting Demjanjuk, the court met our call for justice; by releasing him it showed the humaneness this society fortunately still posesses from time to time.

(gsh)

 

Discussion

Karl LaForce 16 May 2011 - 5:30am / Bolivia

An old man has gained the right to die in a bed that is not in a prison. Which is the same right granted to all the communist butchers of the USSR that were never called to account for the millions whose blood stained their hands.

Anonymous 14 May 2011 - 7:25am / Croatia

Demjanjuk should have been put in jail and should die there. I would not kill him. That would be doing what he did to others. Yet, this belies one of the more important aspects of all of this. Similar genocides have occurred since 1945 and continue to occur. It seems that they no means have been found to stop them. This should be one of the main focuses of human activity - to make life more human.

Hiram1 13 May 2011 - 4:55pm

"By convicting Demjanjuk, the court met our call for justice; by releasing him it showed the humaneness this society fortunately still posesses from time to time."...By convicting him and releasing him, the court did not meet it's call for justice. Justice for whom? Justice for those who were murder while under his control? There is no justice in Europe for the victims and their families. He was released because the majority of victims were Jewish. Humaneness in Europe and especially in Germany is not applicable for the victims, their families, and potential victims in the future. It only applies to those who murder. Where is the justice in releasing a murderer after he has shown no "humaneness" towards his victims. He should have been executed!

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