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Arbeit macht frei: - Fredrick Töben

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Fortunately evil never knows when to stop oppression or extortion, and so<br />

the noose tightens around its own neck. This same scenario is happening<br />

with the absurd legal case playing out in Munich where John Demjanjuk is on<br />

trial for murder that allegedly happened over sixty years ago. Over the 19–20<br />

December weekend Ben Knight and Robert Mudge put together this article<br />

for Deutsche Welle, which published it the next day, Monday 21 December<br />

2009, informing the world that the current German government still holds<br />

itself accountable for the legal results that flowed from its unconditional<br />

surrender in 1945. What choice is there but to toe the line – to this date<br />

Germany still has no peace treaty with its former enemies, the Allies.<br />

Without raising the specific 2005–08 Holocaust show trials surrounding<br />

Germar Rudolf, Horst Mahler, Sylvia Stolz and Ernst Zündel, the<br />

Demjanjuk trial is having a similar effect on the German judiciary. The two<br />

mindsets driving German legal thinking are again converging the absurdity<br />

of Holocaust trials and their legal entanglements, where it has become a<br />

matter of a victimless crime and no evidence of a factual nature can be<br />

presented in defence for fear of attracting an indictment for the defence<br />

counsel; the Demjanjuk trial will hear evidence from deceased witnesses!<br />

Demjanjuk presents German law with an almost impossible problem<br />

The Demjanjuk trial, which resumed Monday, has offered up some<br />

awkward moral questions for the German justice system. But compared<br />

with other Nazi trials, Demjanjuk represents a completely new legal<br />

challenge.<br />

The trial of John Demjanjuk, a Ukrainian former prisoner-of-war turned<br />

concentration camp guard, has once again lifted the lid on questions about<br />

how the German justice system has dealt with the murderers of the<br />

Holocaust.<br />

Not least among these questions is: ‘why now?’ Even by the glacial timescale<br />

dictated by the law, the Demjanjuk trial has been a long time coming.<br />

The file of evidence against him has not changed since his identity was<br />

established in 1993, when an Israeli court cleared him of being a<br />

notorious Treblinka guard called Ivan the Terrible. A single identity card<br />

is the main piece of evidence: it shows that Demjanjuk was indeed a guard<br />

at Sobibor, probably between March and September 1943, and therefore<br />

must have helped murder at least 27,900 people thought to have died<br />

there in that period.<br />

But the rest of the evidence against Demjanjuk is either circumstantial or<br />

mitigating. Most of the 35 plaintiffs are simply relatives of those killed at<br />

Sobibor, and the four actual survivors of the camp are too old to have a<br />

90

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