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PLEASE NOTE: This book contains graphic description ... - HUNSOR

PLEASE NOTE: This book contains graphic description ... - HUNSOR

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esponsible Hungarian soldier does not take part directly or indirectly in the cover-up of suchcrime.The massacres at Zabalj and Novi Sad could have only been regarded as ordinary massmurders ordered by some individuals in the spot, and not the manifestation of official Hungarianpolicy. Measures should have been taken according to this. The People's Court denounced theprocedure used, and also the accused as a participant.The guilt of the accused is evident in the fact that even when he had a clear picture of the eventsin the South, he submitted a report to the regime, but pleaded for a cover-up. Even afterreinstituting the legal procedures, he did not order the arrest of the accused principalcriminals, providing them an opportunity to escape to Germany.In the opinion of the People's Court, General Szombathelyi's deed involves the characteristicsof the crime of dereliction of duty by an official, defined in the first paragraph of the Penal CodeArticle 478. As a government official, he abused his official authority with the purpose ofexempting someone from lawful punishment. He neglected the fulfillment of his official duty bypreventing the prosecution of criminals. The argument that politics necessitated this, or that heacted under German pressure, cannot justify his reprehensible participation in the cover-up of thecase, and may be considered merely as a mitigating circumstance. The verdict was ten yearsimprisonment.The People's prosecutor lodged an appeal against the verdict. The National People'sCourt changed the decision of the People's Court in May 22, 1946, and sentenced the late Chiefof the General Staff to life imprisonment. It is worth quoting again from the reasons adduced,which judged Szombathelyi's attitude more strictly:"It is essential to establish the responsibility of the accused in the events at Novi Sad.151It is impossible that a leader of the highest rank, concerned with an illegal action thattook the lives of thousands which he could have prevented by intervening; may successfullyrefer to his accepting the repeated false reports of the murderers' instigators and the murderersthemselves without criticism and control. He believed them at the time when the honourablepublic opinion of the whole country was scandalized by the committed dishonours. Thecomrades' reports were more convincing for him than the bloody facts.Before the culmination of the atrocities in January 22, 1942, he sent a telegram to the leader ofthe massacre-called-raid with an order that the striking injustices are to be avoided. Grassy, oneof the direct culprits related this determinedly, and the National Council does not find thePeople's Court's scepticism towards his confession reasonable, because the accused himselfconcedes on the 28th page of his remarks, that under the effect of Czeydner's report he may havesent such a telegram to him on January 22.So even if at the time of ordering the Armed Forces and the commissioning of Grassy to lead theraid, it was far from the intentions of the accused, that these Armed Forces should carry out massmurders at Novi Sad. By the fact that he did not avoid the possibility of further murders with thecancelling of the whole operation; and that he did not order the most rigorous, objectiveenquiry; and did not draw the conclusions with the merciless exercising of his judicial power; hehas become responsible both of the previous and the later unlawful acts.

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