Monday, January 02, 2006

Better late than never

From Ynet News (01.02.06, 14:52) ...

The U.S. decision to deport John Demjanjuk ('Ivan the Terrible of Treblinka') goes far to right an Israeli (Supreme Court) wrong

by Noah Kliger

... Ivan Demjanjuk was sentenced to death by an Israeli court. But 15 years later, he is still not only alive but free, living with his extended family in Cleveland, Ohio.

How is it possible that a man sentenced to death by the State of Israel was not executed? The unbelievable answer remains with five Supreme Court judges, headed by former Chief Justice Meir Shamgar, who heard Demjanjuk's appeal in the early 1990s. Relying on evidence that would be thrown out of court in a simple shoplifting case, the judges freed the Ukranian volunteer "because of a doubt." They also said Demjanjuk served in death camps and took part in crimes against Jews.

There is no need to rehash claims made during the trial and appeal, but it should be noted that the three judges who sentenced him to death 15 years ago were some of the most senior judges in the country. The panel was headed by the late Justice Dov Levin, and included Dalia Durner and Tzvi Tal, each of whom subsequently was appointed to the Supreme Court.

But the five "saints" that heard the appeal in 1993 - Meir Shamgar, Aharon Barak, Theodor Orr, Menachem Elon and Eliezer Goldberg - overrode their colleagues and freed Demjanjuk.

'Ivan the Terrible of Treblinka'

Last week, Dalia Durner (one of the judges who originally found him guilty), long since retired, was interviewed on TV. She said she continues to believe with all her heart that Demjanjuk is Ivan the Terrible of Treblinka.

It now appears that a series of American judges agree, and one after the other they have convicted him of crimes during the Nazi period, and have ordered his deportation. .... Let him die in the Ukraine or in Ohio – it makes no difference. The important thing is that different judges in the U.S. found him guilty....

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