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J. GRAF, T. KUES, C. MATTOGNO, SOBIBÓR 387 Under these circumstances the Israeli authorities would have been completely unable to justify Demjanjuk’s execution. While they did attempt to prosecute him for crimes committed at Sobibór and Flossenbürg, there were no witnesses for such acts. Moreover, according to the U.S.-Israel extradition agreement, Demjanjuk could not even be prosecuted in these matters, as his extradition had been granted solely in connection with his alleged crimes at Treblinka. The incriminating ID card from Sobibór was not even mentioned in the sentence. In the end, John Demjanjuk was acquitted on appeal and was able to return to the U.S. in September of 1993. His citizenship was restored. 1131 The juicy part of the story was that ever since 1979 the OSI had known of Demjanjuk’s innocence. The German Spiegel journalist Carlos Widmann wrote in 1993: 1132 “America’s official Nazi hunters owe the fact that they did not burden their conscience with a judicial murder to two groups of people: to the Ukrainian associations which collected millions for Demjanjuk’s defense and to Israel’s supreme court which, in the end, used common sense. This debt will not be repaid. […] Since 1976 the Nazi hunters within the U.S. Department of Justice, who had been trying to sell Demjanjuk to the Israelis as a sadistic mass murderer, apparently knew all the time what was going on. As early as 1979 they had evidence from the USSR which demonstrated clearly that Ivan Demjanjuk was in no way ‘Ivan the Terrible.’ This evidence had been withheld by the agency from all parties concerned: from the U.S. court which stripped Demjanjuk of his American citizenship, from the Israeli court which sentenced him to death, and, quite naturally, also from the defense lawyers.” 11.4. Demjanjuk’s Extradition to Germany It goes without saying that the OSI was unhappy with its defeat and was soon to start out again to have Demjanjuk, by now nearly 80 years old, once more removed from U.S. soil. The Internet encyclopedia Wikipedia summarizes the events as follows: 1133 1131 For our description of the trial we relied upon Y. Sheftel, op. cit. (note 1119). 1132 Carlos Widman, “Das Schreckliche an Iwan” (The terrible about Ivan), Der Spiegel, no 39/1993. 1133 http://en.wikipedia.org/wiki/John_Demjanjuk
388 J. GRAF, T. KUES, C. MATTOGNO, SOBIBÓR “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. The United States Supreme Court declined to hear his appeal in November 2004.” In his 2002 decision judge Paul Matia had written: 1134 “In serving at Sobibór, the defendant contributed to the process by which thousands of Jews were murdered by asphyxiation with carbon monoxide.” We cannot decide whether Demjanjuk did serve at Sobibór or other NS camps. What can be said, though, is that in 1948, when demanding his recognition as a political refugee in Germany, and again during the interrogations preceding his extradition from the U.S. to Israel, he made certain unbelievable and contradictory statements. When he applied in 1948 for the status of a political refugee, he declared to have worked from 1937 (!) until January of 1943 as a farmer in “Sobibór, Chem, Poland” and to have later been employed as a worker at Pillau, Danzig, and Munich until the end of the war. 1134 As there was indeed a farm near Sobibór, it is theoretically possible for Demjanjuk to have worked there (although certainly not from 1937), but it does not strike us as very likely. If, however, he was indeed assigned to the camp at Sobibór as a guard, this is a strong argument against the view of this camp as an “extermination centre,” for in that case Demjanjuk would certainly have been bright enough not to mention this place in his application at all. In his sentence of 2002, judge Matia claimed to possess documentary evidence proving that Demjanjuk had been stationed not only at Sobibór, but at Majdanek and Flossenbürg as well. 1134 Regarding Sobibór, as far as we know, there is no evidence other than the forged ID card issued at the Trawniki training camp. Judge Matia claims that documentary evidence was found in a Lithuanian archive proving Demjanjuk’s presence as a guard at Majdanek in January of 1943. He is said to have been punished at the time for having left the camp to go shopping with- 1134 Judge Paul Matia, United States District Court, Northern District of Ohio, Eastern Division, US of America versus John Demjanjuk. “Findings of Fact” (2002).
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