The Gas Vans: A Critical Investigation - Holocaust Handbooks

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SANTIAGO ALVAREZ, THE GAS VANS 171 Another trial was in preparation in Austria in 1967 against Herbert Andorfer for his involvement in the claimed mass murder of Jews held in the Semlin camp in Serbia (Landesgericht Wien, 27e, Vr 2260/67). Since Andorfer had immigrated to Venezuela after the war and had received citizenship there, Austria eventually decided that he is no longer an Austrian subject. Andorfer was subsequently extradited to Germany, where he stood trial for the above mentioned charges (see chapter 3.7.4.8.). 3.7. Gas Vans during West-German Trials 3.7.1. Introduction Since the trials conducted in communist East Germany until its collapse and reunification with West Germany in 1989/1990 are radically different from those conducted in the West Germany, I will deal with the communist trials in chapter 3.8. All in all 27 trials were conducted in the Federal Republic of Germany (West Germany) by German courts of law addressing in one way or other the alleged mass murder committed with gas vans. 91 A summary of the verdict data is given in Table 4. It is impossible to cover all of these trials in detail, but I will give a summary of each and discuss the issues pertinent to our topic. Unless otherwise stated, all page numbers given in the subchapters of this section refer to the respective volume as given in Table 4. Since court verdicts tend to mention primarily the evidence which justifies their verdict, judging the cases by their verdicts alone results in a lopsided perspective. Hence, in order to do each case justice, one would have to read the entire case file compiled by the prosecution during the time between opening the investigation until right up to the trial. It goes without saying that these files would also be lopsided, as prosecutors in such cases frequently tend to merely find culprits for crimes which are considered self-evident rather than scrutinize the historical record. Yet still, experience shows that many revealing witness statements not fitting into the prosecution’s agenda are silently dropped and are subsequently also not quoted in the “scientific” literature. Today 91 Since some of them are mere retrials of successful appeals, the number of unique cases is actually only 24.
172 SANTIAGO ALVAREZ, THE GAS VANS Table 4: West-German Cout Cases Addressing Gas Vans VOL.* # (COURT, DATE OF VERDICT IN YYMMDD)** VII 231 (LG Stuttgart, 491108; 500815) IX 298 (LG Karlsruhe, 491215; 511107), 310 (LG Wiesbaden, 520324) XI 362 (LG Köln, 530620) XVIII 526 (LG Karlsruhe, 611220) XIX 552 (LG Koblenz, 630521), 560 (LG Karlsruhe, 631213) XXI 594 (LG Bonn, 630330, 650723) XXII 601 (LG Koblenz, 651110), 603 (LG Kiel, 651126), 606 (LG Wuppertal, 651230; 671213) XXIII 624 (LG Frankfurt/M., 660312), 632 (LG Hannover, 660607) XXVI 658 (LG Stuttgart, 670915) XXIX 679 (LG Stuttgart, 680611) XXXI 700 (LG Dortmund, 690116) XXXII 702 (LG Kiel, 690411), 703 (LG Darmstadt, 690418) XXXIII 720 (LG Kiel, 691128) XXXV 750 (LG Frankfurt/M., 710319) XXXVI 765 (LG Darmstadt, 711223) XXXVII 769 (LG München I, 720322), 777 (LG München I, 720714) XXXIX 807 (LG München I, 740329), 809 (LG Kiel, 740614) † XL 816 (LG München I, 741115) XLIV 864 (LG München I, 801219) * Volume of Rüter 1968ff.; ** case no. acc. to Rüter; † case 795 of this volume (LG Hamburg, 5 June 1973) does not deal with gas vans, in contrast to the false claim on the Rüter webpage at www1.jur.uva.nl/junsv/brd/files/brd795.htm these investigation files are held by the German Federal Archives in its Ludwigsburg branch. Access to them is basically impossible for notorious revisionists, as a revisionist’s application to use the archive would probably result in a refusal at best and immediate arrest at worst rather than access to the documents. 92 It would also be conducive to consult verbatim records of the court proceedings. All of the court cases dealt with here were conducted on the second level right from the start due to the severity of the alleged crime (Landgericht=LG). The German penal procedure does not permit any appeal of matters of fact in such cases, so that verbatim records are useless, since no court will ever check the facts assessed and “established” by the judges during such a trial. As a result, trial records were actually even abandoned in Germany in the 1970s for this type of court, while they had already been mere scant summaries rather than verbatim recordings before that. 92 An application to use the archive has to be filed in advance and has to contain personal data as well as information about the project for which the material will be used, see www.bundesarchiv.de/imperia/md/content/bundesarchiv_de/benutzung/vordruck_neu.pdf.
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The Gas Vans: A Critical Investigation - Holocaust Handbooks

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