Michael Seifert during WW II |
"Your control of 58 daily newspapers throughout Canada is alarming to Canadians who value free speech and democracy." � Lubomyr Prytulak |
December 8, 2000 |
Almost 18 years ago, Frank Walus was accused by the U.S. Department of Justice as being a Nazi Gestapo and SS officer, so notorious for his cruelty to Polish Jews as to have become known as the "Butcher of Kielce." Mr. Walus maintained that rather than being in Poland, he was 800 miles away working as a forced laborer on a German farm. He had documents and witnesses to support him. On the other and, the Justice Department had 12 eyewitnesses to his Nazi brutality. "I will never forget that face," one such witness said. "This is the face who killed an innocent man whose only crime was the fact that he was a Jew." "Here," said another witness, standing before Walus in the Chicago District courtroom, "sits the murderer." Another witness testified that after a woman, accompanied by her two daughters, refused to disrobe upon Walus' order, Walus shot the woman in the back of her head and just as quickly killed the two girls. Testimony of similar character was related by all the other Holocaust survivor eyewitnesses. Ukrainian American Bar Association, Part III, Deceit of U.S. Justice Department could cause death of innocent man, Ukrainian Weekly, 01-Jul-1990. |
Only later was the source of the "evidence" against Walus that had reached Simon Wiesenthal identified. Walus had bought a two-family duplex when he came to Chicago. In the early 1970s, he rented out the second unit to a tenant with whom he eventually had a fight. Walus evicted the tenant, who then started telling one and all how his former landlord used to sit around and reminisce about the atrocities he had committed against Jews in the good old days. Apparently one of the groups to which he told the story was a Jewish refugee agency in Chicago, which passed the information along to Simon Wiesenthal.
Charles Ashman & Robert J. Wagman, The Nazi Hunters, Pharos Books, New York, 1988, p. 195. |
As part of the torments he inflicted on prisoners from the work parties, the Accused one day ordered a Camp 2 prisoner named Finkelstein to lay face down on the ground and to roll down his trousers. When the prisoner had done so, the Accused took a tool for drilling wood and drilled a hole into the prisoner's buttocks. In another case, the Accused forced one of the prisoners to have sexual relations with a girl who remained alive after the corpses had been removed from the chambers following the gassing process. Indictment, Israel vs. Demjanjuk, 29-Sep-1986, p. 21. |
[T]he Commission must say that it takes a dim view of the attitude of Mr. Littman. [...] Littman was [...] put on notice [by his own research] that, in view of the paucity of available information, it was dangerous to make the assumptions with which he was playing. [...] There is no documentary evidence whatsoever of an attempt by Dr. Joseph Mengele to seek admission to Canada from Buenos Aires in 1962. The affirmation has come from Mr. Sol Littman, and from him alone. [...] The advice which Littman solicited [in the course of his own research] [...] did not support his assumptions, but put him on notice about their fragility. As stated at the outset, all that Littman could rely on was "speculation, impression, possibility, hypothesis". Yet he chose to transmute them into statements of facts which he publicized [...]. This is a case where not a shred of evidence has been tendered to support Mr. Littman's statement to the Prime Minister of Canada on 20 December 1984, or Mr. Ralph Blumenthal's article in the New York Times on 23 January 1985. Indeed Mr. Littman has stated before the Commission:
The Commission accordingly FINDS without the slightest hesitation that:
|
HADZEWYCZ: If you had the opportunity today to speak with the two former directors of the OSI, Allan Ryan ... What would you say to him today? SHEFTEL: I would tell him that he is a key player in, in my opinion, the worst cover-up in concealing evidence in a major case taken by an American public prosecutor in modern history after the second world war. HADZEWYCZ: And what would you say to his successor, Neal Sher? SHEFTEL: Exactly the same. HADZEWYCZ: Those two are equally guilty of this cover-up? Roma Hadzewycz interviews Yoram Sheftel, The Ukrainian Weekly, 21-Jul-1996, p. 3. |
Thus, we hold that the OSI attorneys acted with reckless disregard for the truth and for the government's obligation to take no steps that prevent an adversary from presenting his case fully and fairly. This was fraud on the court in the circumstances of this case where, by recklessly assuming Demjanjuk's guilt, they failed to observe their obligation to produce exculpatory materials requested by Demjanjuk.
U.S. Court of Appeals for the Sixth Circuit No. 85-3425 17-Nov-1993, p. 35. |
It was obvious that the list of 217 officers of the Galicia Division furnished by Mr. Wiesenthal was
nearly totally useless and put the Canadian government, through the RCMP and this Commission, to a considerable amount of purposeless work.
Jules Deschênes, Commission of Inquiry on War Criminals, 1986, p. 258 |
The Commission has tried repeatedly to obtain the incriminating evidence allegedly in Mr. Wiesenthal's possession, through various oral and written communications with Mr. Wiesenthal himself and with his solicitor, Mr. Martin Mendelsohn of Washington, D.C., but to no avail: telephone calls, letters, even a meeting in New York between Mr. Wiesenthal and Commission Counsel on 1 November 1985 followed up by further direct communications, have succeeded in bringing no positive results, outside of promises.
Jules Deschênes, Commission of Inquiry on War Criminals, 1986, p. 257. |
Many of Israel's best friends, Jewish and non-Jewish, felt she should act as the accuser, not the judge, that the court should collect the data and draw up the charges, and then lay them before the United Nations. [...] But another, more practical proposition, which usually is not mentioned precisely because it was feasible, was made by Dr. Nahum Goldmann, president of the World Jewish Congress. Goldmann called upon Ben-Gurion to set up an international court in Jerusalem, with judges from each of the countries that had suffered under Nazi occupation. This would not have been enough; [...] and the chief impairment of justice, that it was being rendered in the court of the victors, would not have been cured. But it would have been a practical step in the right direction. Israel, as may be remembered, reacted against all these proposals with great violence. Hannah Arendt, Eichmann in Jerusalem: A report on the banality of evil, Viking Press, New York, 1963, p. 248. |
"They say he committed suicide. That can't be, I don't believe it. He left home before eight in the morning. We ate breakfast together. He told me he was going to his office, and we made an appointment to meet at eleven to buy a new suit for the appeal."
Yoram Sheftel, The Demjanjuk affair: The rise and fall of a show-trial, Victor Gollancz, London, 1994, p. 244. |
German witnesses for the defense were excluded from the outset, since they would have exposed themselves to arrest and prosecution in Israel under the same law as that under which Eichmann was tried. (p. 114)
The documentary evidence was supplemented by testimony taken abroad, in German, Austrian, and Italian courts, from sixteen witnesses who could not come to Jerusalem, because the Attorney General had announced that he "intended to put them on trial for crimes against the Jewish people." (p. 200) It quickly turned out that Israel was the only country in the world where defense witnesses could not be heard [...]. (p. 201) Justice was more seriously impaired in Jerusalem than it was at Nuremberg, because the court did not admit witnesses for the defense. In terms of the traditional requirements for fair and due process of law, this was the most serious flaw in the Jerusalem proceedings. (p. 251) Hannah Arendt, Eichmann in Jerusalem: A report on the banality of evil, Viking Press, New York, 1963. |
Gill and Chumak went to Germany, to Hamburg. On 9-10 December they were to question a German SS man called Rudolf Reiss, who had been a sergeant at Travniki. I strongly objected to using his testimony [...]. [...] I was not prepared under any circumstances to use the testimony of Nazi thugs.
Yoram Sheftel, The Demjanjuk affair: The rise and fall of a show-trial, Victor Gollancz, London, 1994, p. 177. |
Gill, Nishnic and many people close to the Demjanjuk family, especially the anti-Semite Jerry Berntar, had incessantly pressed for the defence to take evidence from the Deputy Commandant of Treblinka, the fiend Kurt Franz. He had been sentenced to life imprisonment in 1964 in Germany, and was incarcerated until July 1993. I opposed this categorically, because using the testimony of Treblinka's Deputy Commandant would look very bad and could be interpreted as meaning that Demjanjuk had asked for his ex-commander's assistance. I emphasized also that in any case no court would believe Franz's claim that Ivan Demjanjuk was not Ivan the Terrible, since he had lied flagrantly at his own trial and denied all the atrocities he committed at Treblinka. Then there was my moral opposition, and at one point I even threatened to resign from the case. Our compromise was the Kurt Franz would not be called to testify for the defence; the defence would question Reiss, but I would not take part, nor would I refer to it in my summation.
Yoram Sheftel, The Demjanjuk affair: The rise and fall of a show-trial, Victor Gollancz, London, 1994, p. 177. |
Once a witness had taken the stand, it was difficult indeed to interrupt him, to cut short such testimony, "because of the honor of the witness and because of the matters about which he speaks," as Judge Landau put it. Who were they, humanly speaking, to deny any of these people their day in court? And who would have dared, humanly speaking, to question their veracity as to detail when they "poured out their hearts as they stood in the witness box" [...]?
Hannah Arendt, Eichmann in Jerusalem: A report on the banality of evil, Viking Press, New York, 1963, p. 191. |
"First of all," I began, "as a Jew and an Israeli, it is a fundamental condition, as far as I am concerned, that the defence admits to all the facts in the indictment, apart from those facts that pertain to the question of the identity of Demjanjuk as Ivan the Terrible."
Yoram Sheftel, The Demjanjuk affair: The rise and fall of a show-trial, Victor Gollancz, London, 1994, p. 19. |
On [...] 27 January 1988, Rosenberg returned to the witness stand. This was the second instance of a prosecution witness being caught "red-handed" in a lie and being forced to testify again. Before the trial began, I had vowed to question the survivor-witnesses on one subject only: the identification process they had taken part in with Israel Police during the years 1976-79. I was especially resolved not to question them on any matter touching on Treblinka itself. Therefore I would not examine Rosenberg myself; we agreed that Chumak would do so.
Yoram Sheftel, The Demjanjuk affair: The rise and fall of a show-trial, Victor Gollancz, London, 1994, p. 179. |
Now out of respect for Dr. Arad, and out of the post which he holds, [...] we do not propose [...] cross-examination. We have no need of cross-examination even on a single point. Everything that is encompassed by Dr. Arad's testimony, we accept fully. We do not quibble over a single comma or full stop and we submit that the statement, preliminary statement by Dr. Arad which we have been given is good enough.
Yoram Sheftel addressing the court, Trial transcript, 17-Feb-1987, p. 162. |