John Demjanjuk

John Demjanjuk
Demjanjuk (centre) hearing his death sentence on April 25, 1988, in Jerusalem, Israel. This sentence was later overturned.
Born	April 3, 1920 (1920-04-03) (age 91) Dubovi Makharyntsi, Berdychiv uyezd, Kiev Governorate, Ukrainian SSR
Occupation	Retired auto worker
Known for	Guilty of war crimes

John Demjanjuk (born Ivan Mykolaiovych Demianiuk; Ukrainian: Іван Миколайович Дем'янюк; April 3, 1920) is a retired Ukrainian-American auto worker who gained notoriety after being accused numerous times of Holocaust-related war crimes.

Born near Kiev in the territory of Ukraine during the Polish–Soviet War, just prior to the Kiev Offensive, which at the time was a de facto part of the Ukrainian Soviet Socialist Republic. Demjanjuk emigrated to the United States in 1952. He was deported to Israel in 1986 to stand trial for war crimes, after being identified by Israeli Holocaust survivors as "Ivan the Terrible",^[1] a notorious prisoner/guard (KAPO) at the Treblinka and Sobibor extermination camps. He was accused of committing murder and acts of extraordinarily savage violence against camp prisoners during 1942–1943. He was convicted for crimes against humanity and sentenced to death there in 1988, but this verdict was later overturned by the Israeli Supreme Court in 1993 due to a finding of reasonable doubt based on evidence suggesting that this was a case of mistaken identity, that Demjanjuk was not "Ivan the Terrible" and had instead been a guard at other camps.^[2] After the trial, he was returned to his home in Seven Hills, a suburb of Cleveland, Ohio, in September 1993. Demjanjuk had lived there since 1958, the year he formally anglicized his name from "Ivan" to "John".^[3]

Demjanjuk was charged again in 2001, this time on the grounds that he had served as a guard at the Sobibor and Majdanek camps in occupied Poland and at the Flossenbürg camp in Germany. His deportation was again ordered in 2005, but after exhausting his appeals in 2008 he still remained in the United States, as no country would agree to accept him at that time. On April 2, 2009, it was announced that Demjanjuk would be deported to Germany, where he would stand trial. On April 3, a judge ordered a temporary stay on deportation, pending a judicial decision on the motion, filed the previous day, to reopen Demjanjuk's deportation order, on the grounds that deporting him would amount to torture under the applicable international convention.^[4] The stay was overturned on April 6.^[5]

On April 14, 2009, immigration agents began Demjanjuk's deportation, removing him from his home in a wheelchair. He was scheduled to fly to Munich from Burke Lakefront Airport in Cleveland,^[6] but the legal order was again reversed and another stay granted by the court.^[7] On May 7, the U.S. Supreme Court rejected Demjanjuk's appeal and on May 8, he was ordered to surrender to U.S. Immigration agents for deportation to Germany.^[8] On May 11, Demjanjuk left his Cleveland home by ambulance, and was taken to the airport, where he was deported by plane, arriving in Germany the next morning.^[9][10] On July 13, Demjanjuk was formally charged with 27,900 counts of acting as an accessory to murder, one for each person who died at Sobibor during the time he allegedly served as a guard. On November 30, Demjanjuk's trial began in Munich.^[11] It concluded on May 12, 2011, when he was convicted as an accessory to the murder of 27,900 Jews and sentenced to five years in prison.^{[12][13][14][15]} He was later released pending appeal, and is now living in a German nursing home.^[16]

Background to Holocaust alleged involvement

Demjanjuk was born in Dubovi Makharyntsi,^[17] Ukraine. When interviewed in late December 2009, residents of Dubovi Makharyntsi declared that Demjanjuk got along well with the Jewish families living nearby.^[18] Before being pressed into the Soviet army, Demjanjuk worked as a tractor driver on a Soviet collective farm. In 1941, after Germany's attack on Soviet Occupied Poland, Demjanjuk was pressed into the service of the Red Army. After a battle in Eastern Crimea he was captured and became a German prisoner of war and was moved to a German camp.^[19]

He survived the ordeal and was sent to the Trawniki concentration camp utilized for training guards recruited from Soviet POWs, later serving in Majdanek, Sobibor and Flossenbürg Nazi camps. Demjanjuk claims that, in early 1945, he joined the Russian Liberation Army (Russian: Russkaya osvoboditel'naya armiya, Русская освободительная армия, abbreviated in Cyrillic as РОА, in Latin as ROA, also known as the Vlasov army), led by Andrey Vlasov, which was closely aligned with Nazi Germany against the Soviets.^[20]

Demjanjuk, his wife and their child arrived in New York City aboard the USS General W. G. Haan on February 9, 1952.^[20] On November 14, 1958, Demjanjuk became a naturalized citizen of the United States. He and his wife, whom he met in a displaced persons' camp, moved to Indiana with their daughter and then to the Cleveland suburb of Seven Hills, where Demjanjuk became a UAW diesel engine mechanic at the nearby Ford auto plant. Demjanjuk and his wife later had two more children.

In August 1977, the Justice Department submitted a request to the United States District Court for the Northern District of Ohio that Demjanjuk's citizenship be revoked on the basis that he had allegedly concealed his involvement with Nazi death camps on his immigration application in 1951. The request followed a lengthy investigation by the INS after Demjanjuk was identified by five Holocaust survivors on a photo spread used in the investigation of Feodor Fedorenko, a Treblinka concentration camp guard. Fedorenko was later extradited to Ukraine on his admission that he was such a guard and that he lied on his U.S. immigration applications.

Trial in Israel

In October 1983, Israel issued an extradition request for Demjanjuk to stand trial on Israeli soil under the Nazis and Nazi Collaborators (Punishment) Law of 1950. Demjanjuk appealed his deportation with the case heard on July 8, 1985. During the appeal, the authenticity of the identity card was questioned when it was revealed that the card's number, 1393, had been issued in June/July 1942 with the seal of SS Commissioner, Odilo Globocnik, who had in fact been dismissed from this post in March 1942 at which time his seal was destroyed. The three identity cards supplied by the KGB that the experts had used to compare their paper and ink with Demjanjuk's card to prove its authenticity were also disputed. Among other issues such as graphic inconsistencies, the cards, all dated 1942, carried Waffen SS stamps despite them not taking control of the Trawniki until 1943. Two bore the signature of Corporal Teufel when he was at that time a Sergeant while the other card, which had been issued earlier in the year when Teufel was still a Corporal, had his rank listed as Sergeant. The cards were also signed by Captain Hermann Hoefle, who was actually a Major. The court ruled on this claim: the record before us lends no support to this very serious charge, and we reject it. Witnesses fully qualified to testify on the subject stated their opinions that the Trawniki documents were authentic. Even if this documentary evidence had been rejected, the eyewitness evidence alone was found sufficient. Since the district court did not rely on the "Trawniki card", its validity is not before the court. The appeal was dismissed on 31 October.^[21]

Demjanjuk was deported to Israel on February 28, 1986.^[22] He was put on trial between November 26, 1986, and April 18, 1988, before a special tribunal comprising Supreme Court Judge Dov Levin, Jerusalem District Court Judges Zvi Tal, and Dalia Dorner.^[23]

The prosecution team consisting of Yonah Blatman, the State Attorney, Michael Shaked of the Jerusalem District Attorney's Office, Dennis Goldman and Eli Gabay of the International Section of the State Attorney's Office, Michael Horowitz and Gabi Finder and others, claimed during the trial that Demjanjuk had been recruited into the Soviet army in 1940, and that he had fought until he was captured by German troops in the Eastern Crimea in May 1942.

Demjanjuk was then, according to the prosecutors, brought to a German prisoner of war camp in Chełmno in July 1942. Prosecutors claimed that Demjanjuk volunteered to collaborate with the Germans and was sent to the camp at Trawniki, where he was trained to guard prisoners and was given a firearm, a uniform, and an ID card with his photograph. The principal allegation was that three former prisoners identified Demjanjuk as "Иван Грозный" (Ivan Grozny, Russian for "Ivan the Terrible") of Treblinka, who operated the diesel engines sending gas to the death chamber.^[24][25] Prosecutors based part of these allegations on an ID card, but defense attorneys countered that the card was forged by Soviet authorities to discredit Demjanjuk.^[26] The card had Demjanjuk's photograph, which he identified as his picture at the time, as well as signatures of various Nazi officers who were deposed and confirmed the authenticity of their signatures. The paper and ink on the card were tested by internationally renowned experts who confirmed that the card was authentic. The original of the card was presented in court in Israel as supplied by the Soviets.^[27] Demjanjuk admitted that the scar under his armpit was an SS tattoo, which he removed after the war. During the trial, Demjanjuk was again identified on the photo spread by Otto Horn, a former Nazi guard at Treblinka.^[27]

Demjanjuk testified during the trial that he was imprisoned in a camp in Chełmno until 1944, when he was transferred to another camp in Austria, where he remained until he joined an anti-Soviet Russian military unit funded by the German government until the surrender of Germany to the Allies in 1945.

On April 18, 1988, the court found Demjanjuk guilty of all charges. One week later it sentenced him to death by hanging.^[28] Demjanjuk was placed in solitary confinement during the appeals process.^[29]

Supreme Court ruling

On July 29, 1993, five Israeli Supreme Court judges overturned the guilty verdict on appeal. Their ruling was based on the written statements of 37 former guards at Treblinka that identified Ivan the Terrible as "Ivan Marchenko."^[29] U.S. officials had originally been aware, without informing Demjanjuk's attorneys, of the testimony of two of these German guards.^[30] However the Israeli justices mentioned how Demjanjuk had incorrectly listed his mother's maiden name as "Marchenko" in his 1951 application for U.S. visa.^[29] Demjanjuk says he just wrote a common Ukrainian surname after he forgot his mother's real name.^[30] The former guards' statements were obtained after World War II by the Soviets, who prosecuted USSR citizens who assisted the Nazis as auxiliary forces during the War. Most of the guards were executed after the war by the Soviets^[31] and their written statements were not obtained by Israeli authorities until 1991, when the Soviet Union collapsed.^[30] Russian historian Sergei Kudryashov wrote about the defence's claims of a KGB plot to frame Demjanjuk if that was the case, then the files from the KGB that established that Demjanjuk was not "Ivan the Terrible" would never had been made available to the defence^[32]

The Israeli Supreme Court's 405-page ruling read: "The main issue of the indictment sheet filed against the appellant was his identification as Ivan the Terrible, an operator of the gas chambers in the extermination camp at Treblinka ... By virtue of this gnawing [new evidence indicating mistaken identity] ... we restrained ourselves from convicting the appellant of the horrors of Treblinka. Ivan Demjanjuk has been acquitted by us, because of doubt, of the terrible charges attributed to Ivan the Terrible of Treblinka. This was the proper course for judges who cannot examine the heart and mind, but have only what their eyes see and read." They also added: "The facts proved the appellant's participation in the extermination process. The matter is closed — but not complete, the complete truth is not the prerogative of the human judge."^[29]

The court judgment also addressed evidence against Demjanjuk that was not included in his indictment. The judges agreed that Demjanjuk most likely served as a Nazi Wachmann (guard) in the Trawniki unit^[29] and had been posted at Sobibor extermination camp and two other camps. Evidence to assist this claim included an Identification card from Trawniki bearing Demjanjuk's picture and his exact personal information^[29] — allegedly found in the Soviet archives — in addition to German documents that mentioned Wachmann Demjanjuk and mentioned his date and place of birth. The 1949 statement of another Wachmann (Denilchenko), identified Demjanjuk in passing as someone who served with him at Sobibor in 1944 (a year after the camp was razed)^{[citation needed]} and noted he had been born the same year as himself (1923). In 1979, Denilchenko made another statement adding that Demjanjuk was three years older than himself and had been in Sobibor in 1943. Demjanjuk's Trawniki certificate also implies that he served at Sobibor, as do the German orders of March 1943 posting the Trawniki unit to the area .^[29]

After Demjanjuk's acquittal, the Israeli Attorney General decided to release him rather than to pursue charges of committing crimes at Sobibor. Ten petitions against the decision were made to the Supreme Court. On August 18, 1993, the court rejected the petitions on the grounds that (1) the principle of double jeopardy would be infringed, (2) that new charges would be unreasonable given the seriousness of those of which he had been acquitted, (3) that conviction on the new charges would be unlikely, and (4) that Demjanjuk was extradited from the United States specifically to stand trial for offenses attributed to Ivan the Terrible of Treblinka, and not for other alternative charges.^[33]

Demjanjuk was released to return to the United States. In 1993, the Sixth Circuit Court of Appeals ruled that Demjanjuk was a victim of fraud on the court, as United States federal government trial lawyers with the Office of Special Investigations had recklessly failed to disclose evidence, and the extradition order previously granted was rescinded.^[34] In a report submitted to the Sixth Circuit prior to the Israeli acquittal, federal judge Thomas Wiseman, Jr. concluded that American federal officials had erred in asserting that Demjanjuk was Ivan the Terrible, but that evidence instead pointed to Demjanjuk being a lesser SS agent.^[30] After the Court of Appeals remanded the matter to Judge Wiseman, Judge Wiseman dismissed the denaturalization petition proceedings in 1998, effectively restoring Demjanjuk's citizenship.^[35]

Transcripts of Demjanjuk's 1988 trial, and the character of Demjanjuk himself, appear in Philip Roth's 1993 novel Operation Shylock.

Charges and deportation

Restoration and revocation of U.S. citizenship

On February 20, 1998, Federal District Court Judge Paul Matia ruled that Demjanjuk's citizenship could be restored.

On May 19, 1999, the Justice Department filed a new civil complaint against Demjanjuk. No mention was made in the new complaint of the previous allegations that Demjanjuk was Ivan the Terrible. Instead, the complaint alleged that Demjanjuk served as a guard at the Sobibór and Majdanek camps in Poland under German occupation and at the Flossenburg camp in Germany. It additionally accused Demjanjuk of being a member of an SS-run unit that took part in capturing nearly two million Jews in the General Government of Poland.

Demjanjuk was put on trial again in 2001, and on February 21, 2002, Matia ruled that Demjanjuk had not produced any credible evidence of his whereabouts during the war and that the Justice Department had proved its case against him.

On April 30, 2004, a three-judge panel of the 6th U.S. Circuit Court of Appeals ruled that Demjanjuk could be again stripped of his U.S. citizenship because the Justice Department had presented "clear, unequivocal and convincing evidence" of Demjanjuk's service in Nazi death camps.^[36] The United States Supreme Court declined to hear his appeal in November 2004.

New deportation order

On December 28, 2005, an immigration judge ordered Demjanjuk deported to Germany, Poland or Ukraine. In an attempt to avoid deportation, Demjanjuk sought protection under the United Nations Convention against Torture, claiming that he would be prosecuted and tortured if he were deported to Ukraine. Chief U.S. Immigration Judge Michael Creppy ruled that there is no evidence to substantiate Demjanjuk's claim that he would be mistreated if sent to Ukraine.^[37]

On December 22, 2006, the Board of Immigration Appeals (the Board or BIA) upheld the deportation order.^[38] On January 30, 2008, the Court of Appeals for the Sixth Circuit denied Demjanjuk's request for review.^[39] On May 19, 2008, the U.S. Supreme Court denied Demjanjuk's petition for certiorari, declining to hear his case against the deportation order.^[40][41] The Supreme Court's denial of review meant that the order of removal was final; no other appeal was possible.

Deportation proceedings and actions

One month after the U.S. Supreme Court's refusal to hear Demjanjuk's case, on June 19, 2008, Germany announced it would seek the extradition of Demjanjuk to Germany. The file on Demjanjuk was compiled by the special German office investigating Nazi crimes. Kurt Schrimm, who heads the office, said that investigators "have managed to obtain hundreds of documents and have also found a number of witnesses who spoke out against Demjanjuk". "For the first time we have even found lists of names of the people who Demjanjuk personally led into the gas chambers. We have no doubt that he is responsible for the death of over 29,000 Jews" at the Nazis' Sobibor death camp, he said. Kurt Schrimm said that Demjanjuk could be brought to Germany by the end of 2008; however, this did not occur^[42][43]

On November 10, 2008, German federal prosecutor Kurt Schrimm directed prosecutors to file in Munich for extradition, since Demjanjuk once lived there. On December 9, 2008, a German federal court declared that Demjanjuk could be tried for his alleged role in the Holocaust.^[44] Some three months later, on March 11, 2009, Demjanjuk was charged with more than 29,000 counts of accessory to murder of Jewish prisoners at the Sobibor extermination camp.^[45] The German foreign ministry announced on 2 April 2009 that Demjanjuk would be transferred to Germany the following week,^[46] and will face trial beginning November 30, 2009.^[47]

Demjanjuk sued Germany on April 30, 2009, to try to block the German government's agreement to accept Demjanjuk from the U.S.^[48] His filing with the German Administrative Court in Berlin claims the procedure by which he is to be moved from the U.S. to Germany is illegal, and asks the Court to suspend the declaration by the German government that allows Demjanjuk to enter the country pursuant to U.S. deportation, until a court determination is made.^[48] The German Administrative Court rejected Demjanjuk's claim on May 6; Demjanjuk's German attorney stated that he would appeal the decision.^[49]

Motion to reopen the case

Filing of motion

On that same day—April 2, 2009—Demjanjuk filed a motion in an immigration trial court in Virginia. The motion sought to reopen the matter of the removal order against him; that order of removal had been originally issued by an immigration court in 2005, had been upheld by the BIA on administrative appeal in late 2006,^[38] and was further upheld by the Sixth Circuit Court of Appeals;^[39] after these two appeals, the U.S. Supreme Court had, as noted above, denied any review.^[40] In connection with the motion to reopen, Demjanjuk also asked the immigration court to stay the removal order, pending the decision on whether or not to reopen the matter.

On April 3, 2009, U.S. Immigration Judge Wayne Iskra temporarily stayed Demjanjuk's deportation,^[4] but reversed himself on April 6.^[50] As the Government noted, a motion to reopen, such as Demjanjuk's, could only properly be filed with the Board of Immigration Appeals in Washington, D.C., and not an immigration trial court. The issuance of the stay by the immigration trial court was therefore improper, as that court had no jurisdiction over the matter. Accordingly, Demjanjuk re-filed his motion to reopen, and for an attendant stay, with the Board of Appeals.^[51][52]

Demjanjuk's motion to reopen argued that, under the circumstances, his deportation to Germany would constitute torture. His attorney stated that his health had deteriorated seriously in the last four years. Demjanjuk argued that his request was supported by the past actions of the very same Office of Special Investigations where in the Tannenbaum case the DOJ allowed another sick old man to remain in the United States who had admitted to mistreatment of prisoners in a Nazi camp.^[53] On April 10, the Board of Appeals found that "there is little likelihood of success that [Demjanjuk's] pending motion to re-open the case will be granted", and accordingly denied his motion for a stay pending the disposition of his motion to reopen. This removed any obstacles to federal agents seizing him at any time for deportation to Germany.^[52]

The Government has responded to Demjanjuk's "torture" claim as a basis for reopening the deportation order — a case that was decided against Demjanjuk in 2005 and that has been thrice affirmed against him on appeal — by stating that his claim is "patently frivolous" and

[is an] ...incredible and unsupported surmise. . . . This is . . . a grotesque debasement of the word "torture", a characterization that makes a mockery of the terrible suffering inflicted on genuine victims of torture at places like the Sobibor extermination center. Ironically, [Demjanjuk]. . . has been confirmed by U.S. courts — including this Court — to have contributed to the mass-asphyxiation of thousands of civilians at a human extermination center [as part of] . . . the largest-scale tortures and murders in history.^[who?]

Sixth circuit stay

On April 14, 2009, immigration agents removed Demjanjuk from his home in preparation for deportation.^[6] The same day, Demjanjuk's son filed a motion in the Court of Appeals for the Sixth Circuit asking that the deportation be stayed,^[6] which was subsequently granted.^[54] The Government argued that the Court of Appeals has no jurisdiction to review the decision of the Board of Immigration Appeals, which denied the stay.^[55] Demjanjuk later won a last-minute stay of deportation, shortly after U.S. immigration agents carried him from his home in a wheelchair to face trial in Germany. The BIA denied Demjanjuk's motion to reopen his deportation case. The Sixth Circuit, whose stay of the deportation order remained in effect, asked lawyers for both parties to provide it with more information from the government, physicians and Demjanjuk himself. On April 20, the government filed a motion with the Sixth Circuit asking for the stay against deportation to be lifted, arguing that Demjanjuk had sought the stay in order to provide an opportunity for the BIA to rule upon his motion to reopen the deportation order. Since the BIA denied the motion, the government argued, the basis for the Sixth Circuit's stay was no longer valid, and the stay should accordingly be dismissed.^[56] The Jerusalem Post also reported that the Simon Wiesenthal Center had declared Demjanjuk to be the most wanted Nazi war criminal on its list, displacing SS doctor Aribert Heim. According to a spokesman for the Center, the revised ranking was intended to reflect the importance attributed to the U.S. efforts to deport Demjanjuk to Germany to stand trial.^[56]

Sixth circuit's lifting stay

On May 1, 2009, the Sixth Circuit lifted the stay that it had imposed against Demjanjuk's deportation order. The Court stated in its opinion that :

Based on the medical information before the court and the government's representations about the conditions under which it will transport the petitioner, which include an aircraft equipped as a medical air ambulance and attendance by medical personnel, the court cannot find that the petitioner's removal to Germany is likely to cause irreparable harm sufficient to warrant a stay of removal.^[57]

The Court also ruled that it was unlikely that Demjanjuk could demonstrate that he would be "tortured" in Germany and that this claim did not sufficiently support his request for a stay.^[48][58][59] Although the stay was lifted, and the government free of legal constraints that prevented it from deporting Demjanjuk, his appeal for the substantive review of the BIA decision on the merits (wherein the BIA effectively upheld the deportation order itself, by refusing to reopen the case on the ground that "torture" in Germany was more likely than not) was still pending before the Court of Appeals.^[60] However, the Court stated in its opinion denying the stay (in the process of addressing the question of the extent to which Demjanjuk was likely to succeed on the merits of his motion to reopen) that:

...the petitioner has not shown a strong or substantial likelihood of success on the merits of his challenge to... the [BIA's] denial of his motion to reopen. At most, he has offered speculation that German authorities may not adequately attend to his medical needs while he is in ... custody.^[59]

Petition to Supreme Court

On Tuesday May 5, 2009, Demjanjuk announced through counsel that he was filing a petition with the U.S. Supreme Court, seeking review of the adverse decision of the Sixth Circuit Court of Appeals that had denied his stay. His counsel expected the filing to be made on Wednesday May 6. The filing characterized the unanimous decision of the three-judge Sixth Circuit panel as "incomprehensible."

On Thursday May 7, 2009, the United States Supreme Court, acting through Justice John Paul Stevens, declined to consider Demjanjuk's case for review, thereby denying Demjanjuk any further stay of deportation. Justice Stevens issued his decision without comment.^[61][62] Demjanjuk's counsel thereafter stated that his client would not seek to have the entire Court consider Justice Stevens' decision and that accordingly all legal avenues in the United States to halt the deportation had been exhausted. The suit filed by Demjanjuk in Germany is not affected by the U.S. decision and as of May 7, that case is still pending on Demjanjuk's appeal from an adverse decision by the Administrative Court in Berlin.^[62]

"Torture" as basis for reopening the case

Demjanjuk's motion to reopen was based on the claim that he would be tortured as a result of being deported. Demjanjuk claimed that, because he was old and sick, transferring him to Germany would constitute "torture" within the meaning of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention), and that this circumstance was sufficient to reopen consideration of his case.^[63] His attorney, John Broadley, argued before the BIA that deporting Demjanjuk would constitute torture because of his health problems, including pre-leukemia, kidney problems, spinal problems and "a couple of types of gout."^[6][54]To summarize the foregoing, his essential contention in his legal pleadings and public statements was, that it would be very hard on him, and perhaps life-threatening, to be taken away from his home in his present condition.^[64] He claimed that this circumstance would constitute "torture."

While Demjanjuk was removed from his house in a wheelchair and appeared to be "slack-jawed and unmoving," on April 23, 2009, federal prosecutors submitted surveillance video evidence taken after the removal of Demjanjuk; the footage showed Demjanjuk walking with no assistance to a car in a parking lot while "alert and engaged in conversation."^[65] They also provided the Court of Appeals with a medical report that supported their claim that Demjanjuk is medically fit to be moved to Germany; a flight surgeon who examined Demjanjuk while in government custody for alleged back pain later noticed that Demjanjuk "moved his back with apparent ease."^[65] The government lawyers stated that even if the court lifts the stay, they would defer deportation until at least May 1, to allow Demjanjuk time to file an appeal to the U.S. Supreme Court.^[65][66] On April 23, 2009, a group of students from The Hebrew Academy of the Five Towns and Rockaway petitioned the Sixth Circuit Court of Appeals to uphold the deportation order.^[67]

Deportation to Germany

Demjanjuk was deported to Germany, leaving Cleveland, Ohio, on May 11, 2009, to arrive in Munich on May 12. Upon his arrival, he was arrested and sent to Munich's Stadelheim prison.^[68]

Demjanjuk deemed fit to stand trial

On July 3, 2009, prosecutors deemed Demjanjuk fit to stand trial. On July 13, 2009, prosecutors charged him with 27,900 counts of accessory to murder.^[69] Doctors have restricted the time Demjanjuk can be tried in court each day to two sessions of 90 minutes each, said Munich State Prosecutor Anton Winkler. Demnjanjuk's attorney said that due to the complexity of the evidence, the mandated short sessions could cause the trial to last three to five years.^[70] Due to this and what he called Demjanjuk's ill health, Demjanjuk's attorney called for the case to be closed.^[70]

On September 22, 2009, the Lviv Regional Council adopted an appeal to the President of Ukraine Viktor Yushchenko, Prime Minister Yulia Tymoshenko and the Verkhovna Rada (Ukraine's parliament). Members of the Council asked them to intercede on behalf of Demjanjuk. The deputies also called the prosecution of Demjanjuk an "international conspiracy aimed at discrediting Ukraine and Ukrainians in the eyes of world public opinion"; they believed "Without a doubt, the materials of the case were forged and fabricated by KGB".^[71]

Displaced person claim

On April 21, 2009, The Australian reported that Demjanjuk registered in 1948 as a displaced person. This category was reserved mainly for former concentration camp prisoners and forced laborers. The International Tracing Service, a German agency that maintains data on Nazi victims, provided a copy of Demjanjuk's March 3, 1948, application to The Australian.

In that application, Demjanjuk claimed to be a refugee, sought assistance, and asked for transfer to Argentina. His application stated that he worked as a driver at the Sobibor concentration camp; it did not mention any work as a guard at that camp. When interviewed in connection with the story, historian Hans-Jürgen Bömelburg (University of Giessen) stated that war criminals sometimes tried to escape justice after 1945 by presenting themselves victims of Nazi persecution, rather than as perpetrators.^[72]

According to Gitta Sereny's The German Trauma (2000, ISBN 978-0-140-29263-3) there was a strong reason why Demjanjuk could have put down Sobibor extermination camp as the place where he worked from 1937 to 1943 as a farmhand (according to Sereny) in the application he made on March 3, 1948. Applicants for displaced person status had to fill in a form that required them to say where they had been for the previous twelve years. Unless they could show that they had been living outside the Soviet Union on September 1, 1939, they could not, under the terms of the Yalta agreement, be accepted as displaced persons and would be returned to the Soviet Union. Officials of the International Refugee Organisation, which operated the Landshut office, therefore encouraged applicants to select places outside the Soviet Union. Sobibor was such a place. Sereny further relates that at Demjanjuk's trial in Israel on the Treblinka charges, Judge Dov Levin had asked Demjanjuk, "Why did you put Sobibor?" Demjanjuk had replied that he had no idea what to put on the form and that another applicant had had an atlas and told him to put down Sobibor as there had been many Soviets there.

Evidence that Demjanjuk might have been at Sobibor rather than Treblinka contributed to his successful appeal against his conviction in Israel on the Treblinka charges. He was not prosecuted in Israel on any charges relating to Sobibor as, inter alia, his extradition from the U.S. had been obtained on the basis of the Treblinka charges.

An August 11, 2010, Esquire magazine article written and researched by Scott Raab questioned the whole idea of Demjanjuk's trial, crime, and punishment, pointing out many of the absurdities of this particular case, stating specifically "Worse, Demjanjuk is essentially on trial not for anything he did, but simply for being at Sobibor. No specific criminal acts need be alleged, much less proved. Page through transcripts of previous Nazi trials and you'll find a rigorous focus on particulars, because that is what should be required to convict a defendant. No one in any such trial ever was convicted simply on the basis of being present at the scene."^[73]

Trial in Germany

Proceedings

On November 30, 2009, Demjanjuk's trial, expected to last for several months, began in Munich.^[74] Demjanjuk arrived in the courtroom in a wheelchair pushed by a German police officer.^[75]

Thirty-five joint plaintiffs have been admitted to file in the case, including four survivors of the Sobibor concentration camp and 26 relatives of victims. The [[Zentralrat der Juden in Deutschland] issued a statement in regard to the extradition and the trial, stressing their symbolic significance. "All NS (National Socialist) criminals still living shall know that there won't be mercy for them, regardless of their age. They have to be held accountable for their inhuman deeds."^[76]

In February 2010, Alexei Vaitsen, 87, a Holocaust survivor living in Ryazan, Russia who escaped from Sobibor during the 1943 uprising, claimed that he recognized Demjanjuk as being one of the camp's personnel in a radio interview in Russia; however, the prosecuting attorney and defense lawyer in Demjanjuk current trial were skeptical about this particular claim.

On April 14, 2010, Anton Dallmeyer, an expert witness, testified that the typeset and handwriting on an ID card being used as key evidence matched four other ID cards believed to have been issued at the SS training camp at Trawniki. Demjanjuk's lawyer argued that all of the ID cards could be forgeries, and that there was no point comparing them.^[77]

On January 15, 2011, Spain requested a European arrest warrant be issued for alleged Nazi war crimes while Demjanjuk was still on trial in Germany.^[78] Germany denied Spain's extradition request on June 9, 2011, citing jurisdictional concerns and insufficient evidence provided by Spanish authorities. [1]

On April 12, 2011, a 1985 FBI report that had been marked secret for the previous 25 years was declassifed and found by reporters of the Associated Press News Media in the National Archives. It brought to light a judgement that the Nazi ID card that had been provided by a Soviet source to the U.S. was "quite likely fabricated" evidence.^[79]

On May 12, 2011, Demjanjuk at the age of 91 was convicted as an accessory to the murder of 27,900 Jews and sentenced to 5 years in prison.^{[80][81][82][83]} The judge suspended the remainder of the sentence, noting Demjanjuk had already served two years during trial, was 91 years old, and had served 8 years in Israel on related charges that were later overturned.

Criticism

The unique nature of the legal argument he was convicted under has been noted.^[84] Christiaan F. Rüter, Professor of Law and expert on NS trials in Germany, who researched the subject at the University of Amsterdam for 40 years, expressed reservations against the commencement of proceedings stating that to him "it is a complete mystery, how anyone who knows the German jurisdiction up to now, would be able to assume that Demjanjuk could be sentenced based on the given evidence."^{[85][dead link]} The trial has been criticized for its lack of evidence other than an interview summary conducted by the Soviet Union KGB of another prison guard who died sometime in the 1990s, and a Soviet-supplied ID card from the Trawniki camp that a 1985 report from the Cleveland office of the FBI concluded was "quite likely" a KGB forgery.^[86][87]

See also

• Algimantas Dailidė
• Feodor Fedorenko
• Bohdan Koziy
• Karl Linnas
• Erich Lachmann
• Arthur Rudolph

References and footnotes

1. ^ Wagenaar, Willem A. (March 1989). Identifying Ivan: A Case Study in Legal Psychology [Hardcover]. Harvard University Press. ISBN 0674442857.  ISBN 978-0674442856 - Total pages: 200
2. ^ Hedges, Chris (August 12, 1993). Israel Recommends that Demjanjuk Be Released. The New York Times.
3. ^ http://blog.cleveland.com/metro/2011/07/attorneys_for_john_demjanjuk_s.html
4. ^ ^{a b} Reich, Sharon (April 3, 2009). "U.S. judge stays Demjanjuk deportation". Reuters. http://www.reuters.com/article/worldNews/idUSTRE5326L620090403. Retrieved April 3, 2009. 
5. ^ AP Breaking News. Twitter.
6. ^ ^{a b c d} "Demjanjuk removed from Ohio home on stretcher". Associated Press. April 14, 2009. http://www.google.com/hostednews/ap/article/ALeqM5g2v8DW3HMQZ6Y10UI-GQXPnez11QD97IE0R00. Retrieved April 14, 2009. 
7. ^ Alleged Nazi guard released from custody. MSNBC. April 14, 2009.
8. ^ Winter, Michael (May 8, 2009). Demjanjuk ordered to surrender for deportation. USA Today.
9. ^ Demjanjuk en route to Germany. United Press International. May 11, 2009.
10. ^ Kulish, Nicholas (May 12, 2009). Accused Nazi Arrives in Munich. The New York Times.
11. ^ John Demjanjuk war crimes trial begins in Munich at bbc.co.uk
12. ^ Matussek, Karin (12 May 2011). "Demjanjuk Convicted of Helping Nazis to Murder Jews During the Holocaust". Bloomberg. http://www.bloomberg.com/news/2011-05-12/demjanjuk-convicted-of-helping-nazis-to-murder-jews-during-the-holocaust.html. Retrieved 12 May 2011. 
13. ^ "John Demjanjuk zu fünf Jahren Haft verurteilt". Die Welt. 12 May 2011. http://www.welt.de/politik/deutschland/article13367603/John-Demjanjuk-zu-fuenf-Jahren-Haft-verurteilt.html. Retrieved 12 May 2011. 
14. ^ Connor, Richard (12 May 2011). "Court finds Nazi camp guard guilty of assisting in Holocaust deaths". Deutsche Welle. http://www.dw-world.de/dw/article/0,,15068941,00.html. Retrieved 12 May 2011. 
15. ^ Kraemer, Christian (12 May 2011). "Demjanjuk convicted of Nazi war crimes". Toronto Sun. http://www.torontosun.com/2011/05/12/demjanjuk-convicted-of-nazi-war-crimes. Retrieved 12 May 2011. 
16. ^ Ewing, Jack; Cowell, Alan (May 13, 2011). "Demjanjuk Taken to Nursing Home". The New York Times. http://www.nytimes.com/2011/05/14/world/europe/14nazi.html?partner=rss&emc=rss. 
17. ^ formerly Kiev Governorate, presently Koziatyn district, Vinnytsia Oblast
18. ^ Anger simmers in Demjanjuk's home village, The Local (December 20, 2009)
19. ^ "Profile: John Demjanjuk". BBC. 30 November 2009. http://news.bbc.co.uk/2/hi/americas/7998947.stm. Retrieved 12 May 2011. 
20. ^ ^{a b} Rosenbach, Marcel (November 18, 2008). Sixty Years Later, Alleged Nazi Guard May Stand Trial. Der Spiegel.
21. ^ John Demjanjuk, v. Joseph Petrovsky, et al United States Court of Appeals, Sixth Circuit. - 776 F.2d 571
22. ^ Israeli court sets Demjanjuk free. BBC News. July 29, 1993.
23. ^ The Demjanjuk case John was in trial for accessory to murder charges. Israel Ministry of Foreign Affairs. July 28, 1993.
24. ^ More than 30 testimonies from Jewish ex-prisoners of the Treblinka Camp taken under oath in 1945 named Jan Rogozha as the Ukrainian guard who operated the engines. In 1954, four Ukrainian guards named the guard as Ivan Marchenko in their war crimes trial. In 1956 all four retracted their testimony claiming it was given under duress.
25. ^ The case of John Demjanjuk, Sr. — Hon. James A. Traficant, Jr. (Extension of Remarks — March 1, 1991), James A. Traficant, Jr., in the House of Representatives, February 28, 1991 (p. E735).
26. ^ Kudryashov, Sergei "Ordinary Collaborators: The Case of the Travniki Guards" pages 226–239 from Russia War, Peace and Diplomacy Essays in Honour of John Erickson edited by Mark and Ljubica Erickson, London: Weidenfeld & Nicolson, 2004 page 228.
27. ^ ^{a b} The Demjanjuk Case: The Trial. Nizkor Project.
28. ^ Israel 50, 1997 edition, ISBN 965-474-005-2.
29. ^ ^{a b c d e f g} Hedges, Chris (July 30, 1993). Acquittal in Jerusalem; Israel Court Sets Demjanjuk Free, But He Is Now Without a Country. The New York Times.
30. ^ ^{a b c d} Beyer, Lisa; Johnson, Julie; Myers, Ken (August 2, 1993). Ivan the Not-So-Terrible. Time.
31. ^ Kudryashov, Sergei "Ordinary Collaborators: The Case of the Travniki Guards" pages 226–239 from Russia War, Peace and Diplomacy Essays in Honour of John Erickson edited by Mark and Ljubica Erickson, London: Weidenfeld & Nicolson, 2004 page 237
32. ^ Kudryashov, Sergei "Ordinary Collaborators: The Case of the Travniki Guards" pages 226–239 from Russia War, Peace and Diplomacy Essays in Honour of John Erickson edited by Mark and Ljubica Erickson, London: Weidenfeld & Nicolson, 2004 page 238
33. ^ Decision of Israel Supreme Court on petition concerning John (Ivan) Demjanjuk. Israel Ministry of Foreign Affairs. August 18, 1993.
34. ^ Demjanjuk v. Petrovsky, 10 F.3d 338 (1993).
35. ^ United States v. Demjajunk, No. C77-923 (N.D. Ohio Feb. 20, 1998).
36. ^ USA v. Demjanjuk, No. 02-3529 (6th Cir. April 30, 2004).
37. ^ Judge Orders Accused Camp Guard Deported, N.Y. Times (December 29, 2005)
38. ^ ^{a b} US 'Nazi guard' faces deportation. BBC News. December 22, 2006.
39. ^ ^{a b} Demjanjuk did not, on his appeal, contest the Board's decision on its merits. His sole ground for appeal was that the Immigration Judge who had heard his case — Judge Creppy — was not an "immigration judge" within the meaning of the law and was therefore without jurisdiction to decide the case, thereby nullifying the proceeding. The Sixth Circuit found his argument to be without merit. Demjanjuk v. Mukasey, No. 07-3022 (6th Cir. January 30, 2008).
40. ^ ^{a b} Accused Nazi guard Demjanjuk loses court appeal Reuters, May 19, 2008.
41. ^ Demjanjuk v. Mukasey, no. 07-10487, U.S. Supreme Court, May 19, 2008 (certiorari denied).
42. ^ Germans seek 'Nazi guard' charges. BBC News. November 11, 2008.
43. ^ Germany seeks extradition of Nazi guard from US. The New York Times. June 19, 2008.
44. ^ "Court: 'Ivan the Terrible' can be tried in Germany". Agence France-Presse (TheLocal.de). December 11, 2008. http://www.thelocal.de/national/20081211-16079.html. Retrieved December 13, 2008. 
45. ^ Rising, David (March 11, 2009). Former Nazi camp guard charged 29,000 times. Associated Press.
46. ^ "Former Nazi camp guard to be deported to Germany.". CNN. April 2, 2009. http://edition.cnn.com/2009/CRIME/04/02/nazi.guard/?iref=mpstoryview. Retrieved April 2, 2009. 
47. ^ "John Demjanjuk's trial in Germany to start Nov. 30". The Plain Dealer. October 6, 2009. http://blog.cleveland.com/metro/2009/10/john_demjanjuks_trial_in_germa_1.html. Retrieved October 6, 2009. 
48. ^ ^{a b c} Meyer, Cordula (May 1, 2009). Demjanjuk Sues German Government. Der Spiegel.
49. ^ Matussek, Karin (May 6, 2009). Demjanjuk loses German court bid to block deportation. Bloomberg.
50. ^ "U.S. judge allows deportation of accused Nazi guard". Reuters. April 6, 2009. http://www.reuters.com/article/domesticNews/idUSTRE5353SF20090406. Retrieved April 6, 2009. 
51. ^ Government 6th Circuit Brief.
52. ^ ^{a b} "Nazi suspect's deportation appeal rejected". CNN. 10 April 2009. http://www.cnn.com/2009/CRIME/04/10/nazi.suspect.deportation/index.html. Retrieved 10 April 2009. 
53. ^ McFadden, Robert D. (February 5, 1988). A Jew Who Beat Jews in a Nazi Camp Is Stripped of His Citizenship. The New York Times.
54. ^ ^{a b} "Nazi war crimes suspect granted emergency stay". CNN. April 14, 2009. http://www.cnn.com/2009/CRIME/04/14/us.nazi.suspect/index.html. Retrieved April 14, 2009. 
55. ^ Demjanjuk v. Holder, Respondent's Opposition to Petitioner's Petition for Review and Motion for Stay of Removal, (6th Cir. April 14, 2009).
56. ^ ^{a b} Demjanjuk is most wanted Nazi criminal. The Jerusalem Post. April 21, 2009.
57. ^ Demjanjuk loses deportation case. BBC News. May 1, 2009.
58. ^ Stern, Andrew (May 1, 2009). U.S. court clears way for Demjanjuk removal. Reuters.
59. ^ ^{a b} Court Order Denying Stay.
60. ^ Case No. 09-3469. Companion case 09-3416, wherein Demjanjuk sought a stay prior to the BIA's denial of his motion to reopen the case on the merits, was dismissed as moot.
61. ^ Supreme Court denies alleged Nazi guard's plea. MSNBC. May 7, 2009.
62. ^ ^{a b} Meyer, Cordula (May 8, 2009). Alleged Nazi Guard Demjanjuk Hits Legal Brick Wall. Der Spiegel.
63. ^ This sentence was a summary of the legal arguments on "torture" presented by Demjanjuk in his legal pleadings. See, e.g., his Motion for Stay filed with the Sixth Circuit.
64. ^ These public statements may be found in the news article citations herein.
65. ^ ^{a b c} Frieden, Terry (April 23, 2009). U.S. says videos disprove Demjanjuk's claim of poor health. CNN.
66. ^ The former Nazi camp guard supposedly 'too ill' to face court. Bild. April 24, 2009.
67. ^ Hundreds of High School Students Petition Judge to Deport Demjanjuk. Yeshiva World News. April 27, 2009.
68. ^ Fischer, Sebastian; Neumann, Conny; Meyer, Cordula (May 12, 2009). Krankenwagen bringt Demjanjuk ins Untersuchungsgefängnis. Der Spiegel.
69. ^ Germany files charges against alleged Nazi guard Demjanjuk. Deutsche Welle. July 13, 2009.
70. ^ ^{a b} Demjanjuk lawyer calls for case to be closed. Associated Press. August 6, 2009.
71. ^ (Russian) "Statement of the Lviv Regional Council". Lenta.Ru. 21 September 2009. http://www.lenta.ru/news/2009/09/23/demjanuk/. Retrieved 1 2 May 2011. 
72. ^ Demjanjuk posed as a Nazi camp victim. The Australian. April 22, 2009.
73. ^ John Demjanjuk: The Last Nazi. Esquire magazine August 11, 2010.
74. ^ "John Demjanjuk war crimes trial begins in Munich", BBC News, 30 November 2009, http://news.bbc.co.uk/2/hi/europe/8386576.stm 
75. ^ Kulish, Nicholas (November 30, 2009), "Man Tied to Death Camp Goes on Trial in Germany", The New York Times, http://www.nytimes.com/2009/12/01/world/europe/01trial.html 
76. ^ Statement of the ZDJ, May 12, 2009 (German)
77. ^ "Expert: Demjanjuk ID appears authentic - Andrea M. Jarach, The Associated Press". JournalNews. http://www.journal-news.com/news/nation-world-news/expert-demjanjuk-id-appears-authentic-651960.html?cxtype=rss_nation-world. Retrieved 2011-05-23. 
78. ^ "Spain requests warrant for alleged Nazi war criminal". www.cnn.com. January 15, 2011. http://www.cnn.com/2011/WORLD/europe/01/15/spain.nazi.warrant/index.html. Retrieved 2011-01-15. 
79. ^ "FBI thought Demjanjuk evidence faked (broken link)". www.ap.org. http://hosted.ap.org/dynamic/stories/E/EU_DEMJANJUK_FBI_DOUBTS?SITE=NYWNE&SECTION=HOME&TEMPLATE=DEFAULT. Retrieved 2011-04-18. 
80. ^ Matussek, Karin (12 May 2011). "Demjanjuk Convicted of Helping Nazis to Murder Jews During the Holocaust". Bloomberg. http://www.bloomberg.com/news/2011-05-12/demjanjuk-convicted-of-helping-nazis-to-murder-jews-during-the-holocaust.html. Retrieved 12 May 2011. 
81. ^ "John Demjanjuk zu fünf Jahren Haft verurteilt". Die Welt. 12 May 2011. http://www.welt.de/politik/deutschland/article13367603/John-Demjanjuk-zu-fuenf-Jahren-Haft-verurteilt.html. Retrieved 12 May 2011. 
82. ^ Connor, Richard (12 May 2011). "Court finds Nazi camp guard guilty of assisting in Holocaust deaths". Deutsche Welle. http://www.dw-world.de/dw/article/0,,15068941,00.html. Retrieved 12 May 2011. 
83. ^ Kraemer, Christian (12 May 2011). "Demjanjuk convicted of Nazi war crimes". Toronto Sun. http://www.torontosun.com/2011/05/12/demjanjuk-convicted-of-nazi-war-crimes. Retrieved 12 May 2011. 
84. ^ "John Demjanjuk guilty of Nazi death camp murders". BBC News. 12 May 2011. http://www.bbc.co.uk/news/world-europe-12321549. "No evidence was produced that he committed a specific crime. It was the first time such a legal argument was made in a German court." 
85. ^ Der Fall Demjanjuk. [[ARD (broadcaster)|]] documentation on the case of John Demjanjuk. November 30, 2009 (german)
86. ^ "The Persecution of John Demjanjuk". Pat Buchanan. http://buchanan.org/blog/the-persecution-of-john-demjanjuk-4743. 
87. ^ Kenny, Jack (18 May 2011). "Convicting Demjanjuk of No "Specific Crimes"". The New American. http://www.thenewamerican.com/opinion/959-jack-kenny/7515-convicting-demjanjuk-of-no-qspecific-crimesq. 

Further reading

• Wagenaar, Willem A. (March 1989). Identifying Ivan: A Case Study in Legal Psychology [Hardcover]. Harvard University Press. ISBN 0674442857.  ISBN 978-0674442856 - Total pages: 200

External links

• Demjanjuk—Compilation of The Plain Dealer articles at Cleveland.com
• The Persecution of John Demjanjuk

Persondata
Name	Demjanjuk, John
Alternative names	Demyanyuk, Ivan Mykolayovych (birth name)
Short description	Retired auto worker and Soviet soldier accused of World War II war crimes
Date of birth	April 3, 1920
Place of birth	Dubovi Makharyntsi, Ukraine
Date of death
Place of death