UKAR | 1998 | Lubomyr Prytulak [http://www.xoxol.org/kat/kat01.html]
Katelnytsky Demjanjuk Defense Committee in
Kiev 21-Jul-1993 Appeal on
behalf of John Demjanjuk
this incomplete defense work can be excused, considering that Mr.
Sheftel’s eyes and face were sprayed with acid, while your respected
colleague, Dov Eitan, unexpectedly fell out of a very high window onto
a Jerusalem sidewalk on the eve of Demjanjuk’s appeal." — Volodymyr
The appeal below is authored by Volodymyr
Katelnytsky, President of the Demjanjuk Defense Committee in
Kyiv. But who is Volodymyr Katelnytstky? He is a
Ukrainian nationalist who was tortured to death in Kyiv on the night of
7-8 July, 1997. Please read Volodymyr
Katelnytsky's Ukrainian Archive web page for further
It is perhaps ironic that some four years after wondering at the
plummeting to his death of former Israeli judge Dov Eitan — some think
as punishment for the sin of joining the Demjanjuk defense team —
Katelnytsky himself met his own untimely death — some think as
punishment for the sin of impugning Israeli justice. And let
us not forget Katelnytsky's aged mother too meeting her own untimely
death — some think as punishment for the sin of having a son who
impugned Israeli justice.
Katelnytsky's appeal appears to be directed at the Israeli Court of
Appeals which Katelnytsky has reason to believe is on the verge of
upholding the conviction and sentencing to death of John Demjanjuk by a
lower court. What Katelnytsky's statement particularly
demonstrates is how little of the relevant evidence the lower court
examined before convicting Demjanjuk and sentencing him to death, and
how ample the doubt that would have mandated Demjanjuk's acquittal in
any court aspiring to Western standards of justice.
DEMJANJUK DEFENSE COMMITTEE IN KIEV
212 Z.Hajdaj St, s. 2-34; Kiev, UKRAINE
Honorable Judges of the Israeli Supreme
Meir Danzing, Menahem Elon, Eliezer Goldberg, Aharon Barak and Ya’acov
Tel 011-972-275-9666; fax 011-972-275-9648
We never communicated with you previously because until yesterday, we
had faith that John Demjanjuk will be acquitted. However, the
July 20, 1993 issue of the New York Times reported that your verdict
reached weeks ago will be released on the eve of the 50th anniversary
of the Treblinka uprising and that it runs to "several hundred pages"
Because it is prudent to believe that an acquitting verdict mandating
the immediate release of the condemned prisoner would be short in
length, we feel obliged to forestall the imminent guilty verdict with a
petition for consideration of the following facts which may not have
previously been brought to this Court’s attention.
exhaustive research, the Polish Historical Society in the USA named
several candidates for the position of the Treblinka-II gasser, e.g.
Captain Sauer, Jan Rogoza, Ivan Brosh, a "Polish-speaking Sudeten
German, SS-Rottenfuhrer" and a number of variously described "Ivans"
without the sobriquet "The Terrible". These findings are
almost certainly unknown to you, as they were never brought to the
attention of Israeli or American courts by Yoram Sheftel, Demjanjuk’s
Please find more details about this in the enclosed article from the
November 2, 1992 issue of the Ukrainian Voice from Winnipeg and the
January 1993, issue of Zorya from Toronto and consider it in your
verdict (Encl. 1).
the about 700-page long verdict of the Jerusalem District Court on
Demjanjuk, a "huge" diesel engine was mentioned by judges, prosecution
expert witnesses and survivors on the witness stand as the tool of the
mass murder at the Treblinka-II camp, at least six times.
This was vital error, because it is impossible to kill anyone, even a
laboratory mouse, with diesel exhaust.
The lack of toxicity of diesel exhaust is a fact of which this court
may take judicial notice: it is described in the enclosed "A Report of
the Surgeon General of the U.S. Congress in Compliance with Public Law
86-493 The Schenck Act" from July 18, 1962 which indicates that diesel
exhaust contains a negligible concentration of carbon monoxide (Encl.
2). The enclosed letter from United Technologies –
Connecticut Motor Vehicle Inspection Program states that diesel-powered
vehicles emit only trace amounts of carbon monoxide (Encl.
3). This determination is based on exhaustive research
conducted by the US Environmental Protection Agency in Washington, DC
in 1980. This agency’s work revealed that even long-mileage
and malfunctioning diesel engines emit only trace amounts of lethal
Thus, John Demjanjuk (or Ivan Marchenko) could not have killed anyone,
much less 890,000 victims, with a non-toxic gas, which (contrary to
lethal gasoline engine exhaust), in fact, contains life-supporting
quantities of oxygen. The correctness of these American
reports might be verified by a quick telephone call to any appropriate
Israeli scientific expert.
The nonlethal nature of diesel exhaust indicates that Treblinka-II
survivors were wrong (or confabulated) about the murder weapon, i.e.
the type of engine and the method of gassings at their camp, and
renders defective the verdict of the Jerusalem District Court in the
Demjanjuk case. Please kindly incorporate the American
scientific data into your verdict.
find enclosed a copy of an in-depth Treblinka-II report in "On Guard",
an important Warsaw Ghetto underground newspaper from September 1942
(Encl. 4). It describes the investigation of the Treblinka-II
camp (then called Tremblinki) conducted by Zalman Friedrich, a former
Polish Army Officer, along with Uziel Wallach, on the orders of the
underground authorities of BUND, the largest Jewish party in
Poland. This contemporary, authoritative and professional
report written by a fallen hero of the Warsaw Ghetto Uprising
contradicts the testimony upon which Demjanjuk’s death sentence is
based; however, it was not introduced at his trial. Please
consider Friedrich’s report and additional Jewish underground documents
from 1942 in your verdict.
find enclosed a copy of the comprehensive official report of the Polish
Government-in-Exile in London on German concentration camps prepared
for the April 1943, Bermuda Conference of the Allies (Encl.
5). This report is based upon the investigation of the
Treblinka camps requested by the Western Allied governments and ordered
by "Grot"-Rowecki, the Commander-in-Chief of the Polish Home
Army. It specified that Treblinka-I was a "forced labor
camp". The Treblinka-II camp, the alleged site of Demjanjuk’s
crimes, was denoted as a "concentration camp proper", without the
designation of "death camp". The Treblinka-III camp was
listed as "the death camp" for the Jews and was reported to be located
at Czerwony Bor. As late as in 1944, its existance was also
mentioned in the renowned wartime publication Ghetto Speaks published
in New York (Encl. 6). The remote Czerwony Bor (Red Forest)
was (and is) located 40 kilometers north of the Treblinka-I and
Treblinka-II camps. Additional documents regarding
Treblinka-III are available from the Polish Historical Society in the
USA (tel. 203-325-1079) and archives of the Polish Underground Study
Trust in London (tel. 011-4481-992-6057).
If Demjanjuk (or Marchenko) had been a mass murderer of Jews, he was
placed at the wrong Treblinka camp and location by the witnesses at his
Jerusalem trial. Thus, there is a conflict between wartime
Underground and Allied governmental reports on one hand, and the
findings of the Israeli trial court on the other hand.
Therefore, please incorporate the report of the Polish
Government-in-Exile in your verdict.
might rightly ask why during Demjanjuk’s trials nobody mentioned the
Treblinka-III camp, at which took place annihilation of deported
Jews. The answer is the following: no Jews who entered this
place at the sequestered Red Forest survived to tell of it.
Please remember that apparently only one reliable survivor survived the
Belzec camp, Mr. Rudolf Reder (see Encl. 7). If he had
perished, we would also have never known about this camp, except for a
science-fiction-like story published in the 1946 and 1981 editions of
The Black Book. (This publication claims that transports of
10,000 persons each were led to underground buildings where they were
instantly exterminated with electricity in an underground water pool
and then within minutes cremated (Encl. 8).
want to bring to your attention that many Treblinka-II survivors were
deposed under oath on numerous occasions:
— in 1944 at Treblinka by a Soviet commission chaired by Nikita
— in 1945, 1947, 1950-53, 1961-63 and 1969 by various Soviet courts and
later during Fedir Fedorenko’s trial in Simferopol;
— in 1945 in Lodz by a Polish magistrate, Judge Zdzislaw Lukaszkiewicz
(in preparation for the Nuremberg trials);
— in 1946 in Germany during the Nuremberg trial;
— in 1954 in Warsaw during the trial of four former Treblinka-II
guards: Melnyk, Dmyterenko, Osiczanski and Rudenko, all Ukrainians, who
after helping Jews at that camp were forced to desert it in 1942 and
— during at least three Treblinka-II trials in West Germany:
— in 1951 against H. Hitereiter et al,
— in 1964 against Treblinka-II’s second
commandant, Kurt Franz et al,
— in 1970 against Treblinka-II Commandant, Franz
We are certain that many of relevant testimonies from the above
mentioned proceedings were not submitted or considered by you or by the
District Court. T. Borowski from the Polish Historical Society
eloquently explained, why in the USSR accusations were heaped on Ivan
Marchenko, who in the Warsaw trial was described as Treblinka-II
playboy (Encl. 9). While during the Warsaw trial, the
prosecution’s witnesses described Ivan Marchenko as a rough womanizer,
Ivan Demjanjuk was never mentioned during this and all other
above-mentioned judicial proceedings. This omission is so
remarkable as to be of significant probative value in weighing the
later testimony of the eyewitnesses against Demjanjuk.
the most important and unknown to you is the documentation gathered in
1945 by Judge Lukaszkiewicz, the Magistrate of the District Court at
Siedlce, Poland. On November 5, 1945 in Lodz, Poland, Judge
Lukaszkiewicz gathered over a dozen Jewish Treblinka-II survivors as a
group in one room (some of which eventually testified in Jerusalem),
with an explicit order to recall all possible perpetrators from the
Treblinka-II camp. During that meeting, they were able to
recall five leading "Ukrainians" (Encl. 10), but without assigning to
any one of them any crimes or atrocities. Even more
significantly, the well known leader of this group, Samuel Reizman,
concluded under oath in the joint report of his group that: "We were
unable to recall last names of any additional Ukrainians".
Neither the deeds or the sobriquet "Ivan the Terrible" are mentioned in
this comprehensive document. Two months later, and identical
determination was filed by Judge Lukaszkiewicz (Encl.
10). Lo and behold, jointly these Jewish survivors
failed to recall the man whom four decades later some of them, as
eyewitnesses in the Jerusalem courtroom, claimed to remember,
recognized and dubbed as the greatest mass killer of mankind.
Instead, in 1945 these Jewish Treblinka-II survivors remembered the
commander of the guards, Jan Rogoza. In later years, the
latter’s name was transposed via Rogozin then Rogozny to Grozny meaning
"Terrible". Thus, "Jan Rogoza" (Polish Jan translates into
Ukrainian Ivan) developed into the nickname "Ivan the Terrible", which
was recently appended onto different men, initially John Demjanjuk and
lately Ivan Marchenko.
It is inconceivable that these Jewish survivors, with their ordeals
fresh in their minds after the passage of only two years, could jointly
have all forgotten "Ivan the Terrible" if he had truly been operating
at the Treblinka-II camp. Nor would they have forgotten Ivan
Demjanjuk or Marchenko if one of them had really been a mass murderer
at Treblinka-II, especially since witnesses and affiants on average
managed to survive for eleven months, nearly the full term of the
existence of that camp, while they claimed that the usual survival time
for working Jews was only two weeks.
The enclosed copies of the lists of the Treblinka-II perpetrators
prepared by the magistrate and the camp’s survivors and the transcript
from that meeting indicate that these Jews incarcerated at Treblinka-II
knew their supervising personnel quite well. They must have
been even friendly with their oppressors, as they were able to relate
details of the pre-war personal life of the SS-personnel.
Thus, the surviving Jews could not have been so forgetful about any
"Ivan the Terrible", the (alleged) greatest killer of
mankind. Please consider the enclosed, exonerating documents
of Polish Magistrate Lukaszkiewicz in your verdict.
physical photographic evidence strongly contradicts the testimony of
the witnesses against Demjanjuk. Please familiarize yourself
with the enclosed wartime air photos of the Treblinka-II camp (Encl.
About 1,100,000 Luftwaffe air photos were captured by the Americans in
Germany. They are presently stored at the National Archives
in Washington, DC. These air photos show that the mass grave
at the Treblinka-II camp measured about 60 by 6 meters.
Moreover, in November 1945, Judge Lukaszkiewicz’s
forensic-archeological exhumation of this mass burial site revealed
that it measured less than 6.00 meters in depth (Encl. 12).
Thus the volume of the Treblinka-II mass grave (6 x 6 x 60 meters)
could not hold more than a small fraction of the victims that Demjanjuk
is claimed by the prosecution’s witnesses to have murdered.
Instead of being 200 (two hundred) times larger, Treblinka-II mass
burial was about 10% smaller than the combined volume of the graves at
Katyn Forest, which contained bodies of about 4,500 Polish
officers. Please incorporate the enclosed air photos of
Treblinka-II, showing that it was a deadly transit camp, (but not a
"death camp") into your verdict.
small size of the mass grave at the Treblinka-II camp is further
confirmed by the eye level photos taken in mid-August 1944 by the
Soviet investigating commission (Encl. 11). These photos were
discovered in 1990 at the archives of the Jewish Historical Institute
in Warsaw, and the originals and the negatives of them are available
there to this day.
The air photos and the eye level photos confirm each other’s accuracy
and authenticity. They provide incontrovertible physical
evidence that Treblinka-II was a deadly transit camp and not a death
camp. This wartime photographic evidence and the results of
the 1945 exhumations refute the most crucial parts of the testimony of
prosecution witnesses. The information contained in the air
photos or even eye-level photos might not be apparent to an average
person, but a brief consultation with air photoreconnaissance
interpreters of the world famous Israeli Air Force will quickly confirm
our and a CIA expert’s interpretation. Please incorporate the
enclosed photos, an exonerating physical evidence, into your verdict.
attempt might be made to try to counter the above-mentioned physical
and historical evidence by pointing to perpetrators who confessed to
the mass annihilations during the World War II and at the Treblinka-II
camp. However, it should be remembered that testimony of
imprisoned perpetrators is not always reliable, as in the following
— In April of 1945, SS-physician Dr. W. G. Schuebbe, captured by the
Americans, confessed to killing 21,000 victims with injections (Encl.
13). He also admitted that he was the Director of the German
Annihilation Institute at Kiev, where 140,000 Jews, Gypsies and others
"unworthy to live" were killed with morphine tartarate
injections. This alleged mass murderer was released in 1948,
when a confidential SS-personnel dossier was discovered which revealed
that Dr. Schuebbe he had never been stationed in Ukraine or Kiev, after
some obviously ill-informed 12th US Army Group interrogator, in 1945,
nearly successfully implicated Schuebbe in an imaginary Babi Yar-like
— In the summer of 1945, a SS-officer presently revered for his
pro-Jewish stance, Kurt Gerstein, confessed repeatedly while in a
French prison, that 25,000,000 (sic) Jews, Poles and Czechs had already
been annihilated by the Nazis in 1942. Several days later,
while still incarcerated, he committed suicide. To avoid
embarrassment, Gerstein’s highly unrealistic number of Nazi victims is
never discussed in public writings by the pundits of the Holocaust
— While in an NKVD prison and then at a
public trial, nine German officers confessed to killing "10,000 Polish
officers at Katyn". Four days later, on January 30, 1946, all
were hanged in Leningrad, in front of 20,000 onlookers.
However, recently President Yeltsin confirmed that the killing at the
Katyn Forest had been done by the NKVD on Stalin’s orders.
— Before he was hanged in 1948, Auschwitz Commandant Rudolf Hoess was
forced to confess that 3,500,000 had perished at his camp.
Recently, the Auschwitz victim count has been greatly reduced by the
Polish Government and Israeli scholars while still subject to further
revision (see: Why Did the Heavens not Darken?, by Professor A. Meyer).
— In the mid-1960s, two Treblinka-II suspects/perpetrators, Otto Horn
and F. Suchomel, were provided immunity from prosecution for confessing
and implicating their colleagues. However, their confessions
contradict above-mentioned physical evidence and are thus also
In your verdict please consider the unreliability of the testimony of
Otto Horn and his identification of John Demjanjuk.
court’s guilty verdict must have been facilitated by the omissions of
Demjanjuk’s Israeli lawyer, who failed in his prime duty of looking for
his client’s alibi and providing you with all available physical
exonerating evidence. Instead, he merely struggled to
transpose the alleged guilt of Demjanjuk onto another innocent
Ukrainian. Nevertheless, this incomplete defense work can be
excused, considering that Mr. Sheftel’s eyes and face were sprayed with
acid, while your respected colleague, Dov Eitan, unexpectedly fell out
of a very high window onto a Jerusalem sidewalk on the eve of
Demjanjuk’s appeal (Encl. 15).
In short, please consider that the simple and uneducated Demjanjuk was
incapable of presenting to the courts a strong defense or mentioning
the facts from this letter. However, that is no reason for
Israel to imprison, convict and hang an innocent man for political
President, Demjanjuk Defense Committee
— S. Weizman, President of Israel
— S. Weiss, Chairman of the Knesset
— Minister of Justice, Israel
— H. Cohn, former Israeli Supreme Court Judge
— E. Meyer, President of Israel Bar of Advocates, 1 Chopin St.,
— L. Kravchuk, President of Ukraine
— I. Pliuschch, Chairman of the Ukrainian Parliament
— L. Walesa, President of Poland
— H. Kohl, Chancellor of Germany
— Clerk, U.S. Sixth Circuit Court of Appeals, Cincinnati, OH
— J. Biden, Justice Department Oversight Committee
— T. Foley, Speaker of the House, U.S. Congress
— J. Traficant, Jr. U.S. Congressman, Youngstown, OH
— R. Clark, Esq., New York City, NY, former U.S. Attorney General
— P. Buchanan, former U.S. presidential candidate
— United Nations Human Rights Commission, New York, NY
— Secretariat, Amnesty International, London
— American Civil Liberties Union, New York, NY
— International Association of Jewish Attorneys and lawyers,
Washington, DC — E. Bronfman, President, World Jewish Congress, New
— I. Levitas, Chairman of the congress of Jewish Organisations in
— Dr. Y. Arad, Director, Yad Vashem, Holocaust Remembrance Authority,
— Prof. B. Berenbaum, Director, U.S. Holocaust Memorial Museum,
— A. Shlayen, Director, The "Babiy Yar" Historical Centre, Kyyiv,
— R. Juszkiewich, Director, Main Commission of Investigation of
Hitlerite Crimes, IPN, Warsaw, Poland
— Jewish Telegraphic Agency, New York, NY
— Ukrinform, Kyyiv, Ukraine and New York, NY
— Associated Press, New York, NY
— Reuters, Kyyiv, Ukraine and New York, NY
— Polish Press Agency, Washington, DC and Warsaw, Poland
— Israel: Jerusalem Post, Haaretz, Maariv, Ydeiot Akhronot, Viedomosti
— USA: The New York Times, New York Post, Washington Post, Cleveland
Plain Dealer, Time Magazine, Atlantic Magazine, Commentary, The
Midstream, Reformed Judaism, The Jewish Press, The New Russian Word,
The Jewish Life, Polish Daily News, The American Lawyer
— Ukraine: Pravda Ukrainy, Sil’ski Visti, Demokratychna Ukraina, Nash
Chas, Literaturnaya Ukraina, Kyievski Viedomosti – in Kyyiv, Poklyk
Sumlinya, Klych Natsiyi – in Lviv
— Canada: Toronto Star, Ukrainian Voice, Ukrainian News, Jewish Life,
Ukraina i Svit, Zorya
— Poland: Gazeta Wyborcza, Dziennik Wybrzeza, Panorama, Nashe Slovo,
— England: Daily Telegraph, Jewish Chronicle
— Germany: Der Spiegel, Bunte Illustrierte