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Ukrainian World Congress | 20Aug2011 | Ulrich Busch
Dr. Ulrich Busch's Speech,
Ukrainian World Congress -- Human Rights -- Kyiv 20.08.2011
Ladies and Gentlemen,
My English is not very good. But I presume, that my English is still
better than your good German. So I decided, not to torture you with my
good German, but to bother you with my bad English.You are lucky, that
I do not try my Ukrainian. It would be a poor speech:
Shcho, Shcho? Ya ne rosomiyu. Djakuyu. Do pobachynja.
Thank you very much for your inivitation and the opportunity, to talk
about John Demjanjuk and the trial against him in Munich, Germany.
The trial has a very long history of 35 years of legal struggles
against unfair and made up accusations, false and faked evidence, lying
witnesses and corrupt prosecutors and judges. The fight began in 1976
and is still not finished in 2011, the year, John had to celebrate his
91st birthday in a cell in the Munich prison, where the mass murderer
Hitler was sitting in the 1920ies.
Not only these 35 years were terrible for John; his whole life is a
human tragedy, a nightmare.
Holodomor, World War II, Red Army soldier, serious war injuries, POW in
a Nazi POW camp, loss of US citizenship, extradition to Israel, death
sentence in Jerusalem, seven and a half years in prison, 5 years in a
death cell, deportation to Germany, trial in Germany, two years in a
Each of these events means massive illegal and inhuman treatment.
For example: John was 12, when he was starving from a hunger, created
by the Stalin artificial food shortage in Ukraine through the time of
About 8 million Ukrainians died from starvation, killed by the mass
murderer Stalin. As a child, John experienced the cruelty of the misuse
of state and police power, living in fear of his life and between
mountains of dead bodies around him.
Or: In the German POW camps for Red Army soldiers 3.5 million men out
of 5.3 million died from starvation, cannibalism and epidemics. More
than a million victims were Ukrainians. The POW camps were nothing else
than death camps, the Red Army soldiers were criminals in the eyes of
the SS and "Wehrmacht", the Germany Army.
The latest inhuman treatment was John's deportation to Germany and the
trial in Munich.
Deportation was chosen by the United States and Germany to avoid the
principle of double jeopardy. An extradition, the legal way, was
forbidden by Israelian, German and American law. Only the illegal
deportation under the avoidance of extradition opened the possibility
to reopen the Israelian trial and to overrule the decision of the
Supreme Court of Israel, to acquit John from all charges and to dismiss
the case concerning Sobibor.
The deportation itself was already the conviction in Germany: John has
to stay in Germany until death under complete isolation and welfare
conditions. He has no right to and no way of returning to his wife and
children. For John there is no difference between a room in a nursing
home and a prison cell. The deportation destroyed his life completely.
John's legal situation after the deportation was already punishment for
life, before the trial started or ended. Punished, if guilty or not.
Germany against John Demjanjuk: an unfair and inhuman trial of the
German Government against an innocent man in his 90ies.
Let's go to Moscow, back in 1979.
It was the KGB, who offered copies of so called evidence, which was
produced in secret trials and under torture of their victims. The
"Dienstausweis Nr. 1393", (service card), was declared a fake of the
KGB by the world's most famous expert, Dr. Grant. The German head
office for criminal research, "Bundeskriminalamt", estimated the
service card as a very simple falsification of the KGB. We all know,
that the Soviet law and court system and all the KGB activities were
never intended to achieve justice, they only served and supported the
ruling dictator and mass murderer Stalin and his successors. The
prosecutors and courts were political instruments, used to liquidate
opponents and the freedom of people in the subjugated satellite states
Let's go to Jerusalem, back in 1986 - 1993.
What do you think is the most remarkable event in the Israel trial
against John Demjanjuk? I am sure, you will all say the acquittal of
John by the Supreme Court from being Ivan the Terrible. What a great
court! Excellent judges!
I contradict: For me the most remarkable event in Israel was the death
sentence of the District Court against an innocent man. This result
clearly shows evidence of the weakness, of the mistakes and errors of
human court systems and their judges. The judges in Israel wanted to
believe in the guilt of John as Ivan the Terrible. The world's mass
media hysterically asked for a death sentence and there was only John,
his son, his son in law and his lawyer, Sheftel, who believed in John's
innocense. And there were these criminal and corrupt prosecutors, who
fraudently misled the American and Israelian courts. The Office of
Special Investigation (OSI) from the US Department of Justice and the
Israelian prosecutor withheld existing evidence, that John was not Ivan
the Terrible. They wanted the death sentence against a man, from whom
they definitely knew, the he was innocent and not Ivan Grosny.
And it worked. They got, what they strictly wanted, the death sentence,
by withholding the so called Danilchenko Statements. Ignat Danilchenko
was a Trawniki, who was forced by the Nazis to be a guard in Sobibor.
After the war he was repatriated to the Soviet Union and convicted as a
traitor of his Motherland to 25 years in the Gulag.
After the manipulation was discovered, after it was established, that
there was more material in the archives of the Russian KGB, the defense
was able to find 36 statements of Treblinka guards, that Ivan
Marchenko and not John Demjanjuk, was Ivan Grosny. The discovery of
the manipulation was the reason for finding so much exculpatory material
in the Moscow archive, that John had to be acquitted from being Ivan the
Terrible. But for 5 years there had been only an inch between John and
At first I did not believe, what I had read in a memo of the well known
Polish historian Jacek Wilczur, adressed to the director of the Main
Commisssion for Nazi Crimes in Poland, Prof. Dr. Kakol, dated April 21,
"On the 27. of March of
this year (1987) I met Janusz Kobus from Rembertow by Warsaw. Kobus
knew the SS guard team of Treblinka II very well. Among others, also
Ivan the Terrible, with whom he drank Vodka and who once showed him -
almost at the end of 1942 or beginning of 1943 - in a drunken
condition, his SS Army card. Kobus states that he saw and could read
the name Marczenko and the birth place, Dniepropietrowsk. Ivan the
Terrible was supposed to have personally said to Kobus that his name is
Marczenko. Kobus says that this Marczenko - Ivan the Terrible - was 185
cm tall with black hair and a yellowish face color. ...
Kobus was sure that the
photo of Ivan Demjanjuk, which I showed him and on which John Demjanjuk
is shown in the court room in Jerusalem, does not show Ivan the
In a telephone
conversation on the 5. of April 1987 the prosecutor Michael Horovitz of
the Israel General Prosecution explained to me that all the information
which I received from Janusz Kobus ... could complicate the situation
of the Israel prosecution (in the case against John Demjanjuk) and
urgently asked me not to officially transfer this information to the
prosecution or to disperse it in any other way. I obliged to follow
this demand of the Israelian prosecution."
This memo was hidden in a volume of 1,000 pages of Polish papers and it
was pure luck, that I found it.
So now in 2011 we know that:
Moscow had all the evidence, that John was not Ivan the Terrible:
The United States had all the evidence, that John was not Ivan the
Israel had all the evidence, that John was not Ivan the Terrible:
Poland had all the evidence, that John was not Ivan the Terrible.
Four countries, four governments, that knew the truth about John, that
knew, that he was innocent, kept silent, when John was sentenced to
death, they hid the evidence of John's innocence.
Now let's go to Munich.
In the first instance the trial lasted 93 days, beginning on Nov. 30.
2009 and ending on the 12. of May 2011. John was very ill the whole
time, he suffered from gout, pre cancer, major back pain, heart and
kidney problems and anxiety among others. In two years of imprisonment
John was not living outside of the jail hospital or without pain.
The atmosphere in the court was full of pure hate against John and the
defence. From the beginning John was a Nazi monster, a mass-murderer,
the Ukrainian Hitler and Eichmann for the German media. The Simon
Wiesenthal Center had placed John on top place of the most wanted Nazi
The Munich court delivered a political show trial, in which almost
every human right of the European Convention was violated.
Some examples: Since John was never a German citizen, since Sobibor is
in Poland (not on German territory), since the Jews, who were killed
there, came from Holland and were not German citizens, Germany never
had jurisdiction in the case. After the UN Resolution 3074 and
International Law only Poland had jurisdiction in this case. Poland
used this power of jurisdiction and started a case against John. With
the decision of December 2007 the Polish prosecutors dropped the case
with the final statement, that there is no existing evidence, that John
committed any crime in Sobibor.
The German court had to respect this Polish decision according to Rule
54 of the Schengen Treaty. It ignored its duty.
The Ludwigsburg Special Forces for the Persecution of Nazi
Crimes already found out in 2003, that there is no evidence, that John
ever committed a crime during Nazi time and during his time as a POW.
The court in Munich kept silent, although knowing the result of the
Germany acquitted many of the Nazis or did not prosecute them. One of
the high ranking Nazis, the SS "Hauptsturmführer" Streibel, who was the
leader of all Trawnikis, who were sent by him to the three death camps,
Belzec, Sobibor and Treblinka, was acquitted by the Landgericht in
Hamburg. With this decision Germany lost the right, to prosecute the
simple Trawnikis, who Professor Christiaan F. Rüter from the Amsterdam
University called the smallest of the small fish.
Germany changed its whole traditional jurisdiction for a conviction of
John. For 70 years it was agreed by all German prosecutors, courts and
the government, that those helpers of the Nazis, who had no power of
command, should not be prosecuted. Around 100.000 German helpers met
these conditions and were granted amnesty. The only one, who did not
get this amnesty, was the foreigner, John Demjanjuk.
For 70 years it was a main principle of German law that being present
at a death camp, does not lead to a conviction of being an accessory to
murder. This very important rule was changed only for John Demjanjuk
and nobody else, by the Munich court.
It would take hours to give you a full review of all the violations of
the law and human rights of John in Munich.
The court gave him a sentence of 5 years in prison, knowing, that John
already served more than seven and a half years in Israel for Treblinka
and Sobibor. Another fulminant violation of German law, because the
court had to deduct the years in prison in Israel from the German 5
I appealed the sentence on the same day John was convicted. The legal
consequence is the suspension of the sentence, until the Supreme Court
of Germany will decide about the appeal, which will happen
approximately in 2012.
But at least, the court followed my demand to release John from jail.
John is now a free man.
The release from jail was a most important goal, the defence wanted to
The release shows, that the Munich court is afraid, that its judgment
will be lifted by the Supreme Court and that John will be acquitted from
all charges by the "Bundesgerichtshof" in Karlsruhe.
The question is, why did Germany put John on trial. The answer is easy:
The trial was an illegal political show case. Germany looked for a
chance, to show the world, that not alone Germans are guilty of the
They wanted to send the message to the world, that without the help of
100,000 foreign helpers the Holocaust would have never happened. John
Demjanjuk, a born Ukrainian, allegedly a member of the 5,000 Trawniki,
who allegedly were all Ukrainians, was at the right time the scapegoat,
to demonstrate, that Ukraine is as much responsible for the Holocaust
as Germany, or even more responsible than Germany, because the sentence
of 5 years against a 91 years old man for assumed crimes in 1943, more
than 70 years back, is much stronger and brutal than the sentences
against high ranking Nazi murderers in Germany in the last 70 years.
It will be the duty of the Ukrainian nation and the World Congress of
Ukrainians, to watch the further development in the case against John
and to take care, that Germany will not be released from its full
responsibility for the Nazi crimes.
Thank you for your attention.
Dr. Ulrich Busch