| Vol. 136 | WASHINGTON, WEDNESDAY, FEBRUARY 28, 1990 | No. 1 |
Mr. TRAFICANT. Mr. Speaker, John Demjanjuk, Sr. is currently on death row awaiting appeal by the Israeli Supreme Court. Mr. Demjanjuk was convicted as being the infamous "Ivan the Terrible" of the Treblinka death camp. He was convicted on the basis of the investigation conducted by the Office of Special Investigation (OSI).
As long ago as last year, it was brought to my attention that investigative reports of OSI officers Garand and Dougherty (Exhibits A and B) were discarded in a McDonald's dumpster near K Street in Washington, DC. This represented critical evidence that former Nazi guard Otto Horn perjured his testimony during the denaturalization trial of Mr. Demjanjuk (Exhibit C).
In addition, CBS's "60 Minutes" conducted an investigation that revealed new information that now includes the statements of Maria Dudek. Dudek, a lifetime resident of a village near the Treblinka death camp, has stated off-camera that she knew Ivan "Grozny" or Ivan the Terrible in Polish. Dudek stated that Ivan "Grozny" would come to the village and buy sexual favors and vodka with gold that he had taken from Jewish prisoners. From that point she then identified, off camera, Ivan "Grozny" as Ivan Marczenko, not Ivan Demjanjuk. (Exhibit D.)
More alarming is the fact that the OSI has known since 1979 that John Demjanjuk's name was not listed in any World War II record associating him with the Treblinka death camp whatsoever. (Exhibit E.) [Editorial note by Lubomyr Prytulak: Exhibit E concerns itself with the Pilichowski Letter, otherwise known as the Polish Main Commission letter. However, the way that the Pilichowski letter was presented in the Congressional record made it difficult to grasp its full significance. I have clarified the matter somewhat by correcting errors and adding editorial commentary. Fortunately, however, a clear explanation of the significance of the Pilichowski letter can be found at UABA-I.] Evidently, the Polish War Crimes Commission notified the Office of Special Investigations that they had no information linking Demjanjuk at Treblinka indicating to the OSI that there were 100 Ukrainian guards at Treblinka, of which, 43 were known. Of those 43 names, Ivan Marczenko is listed. Demjanjuk is not. (Exhibit F.)
Here I would like to site the case of Frank Walus who was charged with having committed Nazi war crimes, was dropped because the Polish war crimes records did not indicate that he had been at a camp in Kielce. (Exhibit G.) Again, it is evident that the OSI was relying on fraudulent evidence. What is interesting is that the former director of the OSI, Allan Ryan, clearly recognized the misinformation involved in the Walus case but this same type of scrutiny did not lend itself to the Demjanjuk case. Frank Walus was an innocent man that had no business even being in court. Just as John Demjanjuk has no business rotting in a prison.
The OSI mandate of investigating Nazi war crimes is praiseworthy. However, the OSI should not blatantly ignore the rules and procedures developed by our forefathers to facilitate justice nor should they allow themselves to be so overcome with zeal that they operated in violation of individual rights. Justice will not be served until John Demjanjuk, Sr. is brought home.
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DATE OF DOCUMENT: 15Nov79 TO: Arthur Sinai, Deputy Director, OSI FROM: George W. Garand, Historian SUBJECT: HORN, Otto - Report of Interview REF: OSI #42 - DEMJANJUK, Iwan |
RECEIVED NOV 27 1979 OFFICE OF SPECIAL INVESTIGATIONS |
On the morning of 14 November 1979 Norman Moscowitz, Staff Attorney, OSI, Bernard J. Dougherty, Jr., Criminal Investigator, and George W. Garand, Historian, OSI interviewed the German national Otto HORN at his residence located at 66 Yorkstrasse, West Berlin. This interview began shortly after 0900 and ended shortly before 1000. Mr. Dougherty and the undersigned translated during the interview which was conducted in German since HORN is conversant only in that language.
HORN is 76 years old and lives in a small one-bedroom apartment by himself. His place of residence was meticulously clean and despite his advanced years he conveys the impression of being stable with an excellent recall of events during the time he was stationed at Treblinka. Shown a sketch of the death camp at the beginning of the interview he identified various buildings within the camp without hesitation. He was assigned to the camp for approximately one year, from September 1942 to September 1943, and specifically to the upper part of the camp which housed the gas chambers. The old, smaller one remained in use until a larger new one went into operation in early 1943, at which time the old one was torn down. In connection with the layout and operation of the camp HORN mentioned that the installation was surrounded by guard towers manned by about 25 Ukrainian guards at varying shifts. In addition, these Ukrainians who were armed with rifles and wore some type of uniform the color of which the interviewee no longer remembered would await the arrival of trains at the unloading platform at which time the new arrivals were herded along a narrow walk to a shed where they were forced to take off their clothing. Thereupon, again following a narrow footpath which was fenced on both sides to block the view of the new arrivals from what was ahead, the victims were rushed to the gas chamber on the upper level. When the chamber was full the doors were slammed shut and a German named SCHMIDT or SCHMITT would supervise the actual gassing. Two Ukrainians worked directly under Schmidt. One of these operated the machinery that funneled the lethal gas into the chamber while the other supervised the inmate work detail that removed the bodies from the chamber and dumped them into two very large pits that had been dug nearby. While the Ukrainians at the train unloading platform rotated between there and the guard towers the two Ukrainians assigned to the gas chamber itself were invariably present at each gassing. He no longer recalled the name of the Ukrainian responsible for overseeing the removal of the bodies, but had a good recall of the one responsible for operating the death machinery. That man's first name was Iwan, a tall heavy set individual approximately in his mid-twenties at the time with shortly cropped hair and full facial features. He never knew Iwan's family name since such names were in any case very difficult to pronounce and the Ukrainians were invariably addressed only by their first names. Iwan took great pride in his position as assistant to SCHMIDT and felt that this status placed him a few rungs above the other Ukrainians who act merely as guards. Iwan would appear on the scene only after a trainload of victims had arrived and would leave the premises as soon as he had accomplished his assigned task., [sic] leaving the removal of bodies to the second Ukrainian and his crew. HORN commented that he never did trust the Ukrainians who spent most of their time carousing in the nearby Polish villages from where they would return drunk late at night, shouting and carrying on and firing their weapons. In contrast to the other Ukrainians who were without exception armed with rifles, IWAN was armed with a pistol of unknown make. He was never observed as making use of this weapon.
HORN's opinion of the Ukrainians was generally unfavorable. Not only did they fall asleep at their assigned guard posts, but they also tended to show disrespect towards the lower ranking Germans assigned to the camp. At the same time he questioned their political reliability, since later in the war, during 1943, a number of them deserted to the Russian partisans. In one instance, when the Treblinka camp was closed down in late 1943 and the Ukrainians were being transferred to Sobibor, escorted by a German officer, the Ukrainians murdered their escort and joined the partisans.
Initially shown a series of eight photographs of Caucasion [sic] males, HORN carefully viewed each photograph that depicted an individual wearing dark clothing. Each one of the photographs showed a frontal view of the individual down to a few inches below the neck. Hair styles of these individuals varies, as did length of hair, physical stature and age that varied from the low twenties into the forties. One of the photographs depicted IWAN DEMJANJUK as he appeared in the early 1940s. After studying each of the photographs a length HORN initially could not make positive identification of any of the individuals though on one or two occasions he felt that one or two of the individuals shown looked vaguely familiar to him, though he could not recall where and under what circumstances he had met them. At this point the first group of photographs was gathered up and placed on one end of the table with the one depicting DEMJANJUK left facing upward on top of the pile. Mr. Dougherty thereupon presented a second series of eight photographs to the interviewee, each showing a second group of male Caucasians clothed in what would normally be considered closer to civilian attire than the clothing worn by most members of the first group. One of the photographs in the second group was that of IWAN DEMJANJUK, taken in the early 1950s and depicted DEMJANJUK with a fuller and more rounded face and a more receding hairline. HORN studied this photograph intensively and then, looking at the earlier photograph of DEMJANJUK, identified that individual on both. Nevertheless, he noted some minor differences, such as IWAN having had somewhat more hair at the time he knew him.
Towards the conclusion of the interview HORN expressed his willingness to be re-interviewed more formally provided there was no publicity. Throughout the interview HORN displayed an alert mind and with regard to the events at Treblinka during the period he was assigned there, his recall is excellent. All questions put to him were answered in a forthright mannner and in the mind of the undersigned there is no doubt as to the man's honesty and integrity. It would appear that this man, at age 76, has had ample time to take stock of his life, and in the opinion of the undersigned, helping our investigation is one way in which in the twilight of his life this man is trying to make amends for the things that happened at Treblinka and elsewhere during World War II.
| 15 November 1979 |
[signature] Historian, OSI |
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DATE OF DOCUMENT: 15Nov79 TO: Arthur Sinai, Deputy Director, OSI FROM: Bernard J. Dougherty Jr., Criminal Investigator SUBJECT: HORN, Otto - Report of Interview REF: OSI #42- DEMJANJUK, Iwan |
RECEIVED NOV 20 1979 OFFICE OF SPECIAL INVESTIGATIONS |
On November 14, 1979, Otto Horn, German national and citizen of West Berlin, was interviewed at his residence, Yorck-Strasse [sic] 66, Berlin, Germany, by Norman Moscowitz, Staff Attorney-OSI, and by the reporting officer. Due to the fact that HORN neither spoke nor understood English, the entire interview was conducted in his native German language, with George Garand-OSI and the reporting officer translating. Theinterview [sic] began at 9:04 a.m.
After initial greetings and introductory comments, HORN was shown a site plan of the death camp at Treblinka, Poland. Various buildings within the death camp area were pointed out to HORN and he was able to properly identify each of them. Of specific importance was the exact location of the new gas chamber, which HORN described. During the course of the questioning concerning the operation of the gas chamber, HORN voluntarily mentioned one "Iwan" (last name unknown), who was one of two Ukranians [sic] who were responsible for the actual operation of the engines which provided the gas for the chambers. HORN was unable to recall the name of the other Ukranian, [sic] describing him as tall and thin, with blond hair, and being approximately 22-23 years of age. HORN further recalled that the two Ukranians [sic] were immediately subordinate to a German, known only as "Schmidt."
HORN described "Iwan" as being of stocky build, black haircut [sic] short, full rounded face, tall, with no distinguishing marks on his face. HORN remarked that "Iwan" had some technical ability since he repaired and maintained the gas engine and was known by HORN as being able to drive an automobile (apparently somewhat of a rare [sic] among the Ukrainians at that time). HORN indicated that he arrived at Treblinka during September, 1942 and stated that "Iwan" was already working there. HORN added that "Iwan", Schmidt, and the other unidentified Ukrainian were the only three individuals who actually worked at the gas chamber, that is, in the operation of the engine. HORN stated that for the period September 1942-September 1943, when he was at Treblinka, "Iwan" worked at the gas chamber every day. HORN pointed out that "Iwan" looked upon the other Ukrainians in the camp, which he roughly estimated at 30-40 with disdain, because he was working with Schmidt. During the evenings, "Iwan" and some of the others would travel into nearby Polish towns and become drunk and boisterous.
HORN stated that he never witnessed "Iwan" beating, shooting, or otherwise abusing any of the prisoners. His sole task was to work at the gas chamber.
At this point, the reporting officer advised HORN that there were a series of 8 photographs of caucasian males, which he was requested to review carefully and individually. Each of the photographs depicted an individual in dark clothing. Prior to the interview, care was taken to minimize the amount of uniforms [sic] which would be readily discernable in each photograph. Nevertheless on a few photos, a portion of a uniform could be seen. Each picture showed the bust of the subject. The individuals possessed hair of different length, varying physical builds, and a variety of ages, ranging from the early twenties to the forties. One of the photographs was that of Iwan DEMJANJUK, taken during the early 1940s. Horn studied each of the photographs at length but was unable to positively identify any of the pictures, although he believed that he recognized one of them (not DEMJANJUK) but was not able to indicate where he had met this person or provide his name.
The first series of photographs was then gathered and placed in a stack, off to the side of the table- with that of DEMJANJUK lying face up on the top of the pile, facing HORN. The reporting officer then presented another series of 8 photographs, each depicting the bust of a male caucasian. These photographs showed the individuals in clothing more similar to that normally worn by civilians. Among the 8 pictures was one of Iwan DEMJANJUK, which had been taken during the early 1950's. This photograph was much better in quality than that presented to HORN in the first series, and depicted DEMJANJUK as having a much fuller and more rounded face. HORN studied this photograph at length, and upon glancing at the earlier picture of DEMJANJUK, identified them as being the same person. As he continued to study the picture from the second set, HORN indicated that it certainly resembled the man that he had known as "Iwan", although he stated that "Iwan" had had somewhat more hair. He further mentioned that the second picture, depicting the fuller face, was much more like that of "Iwan" than the person shown in the first series. After a few more moments of careful study, HORN positively identified the photographs( [sic] of Iwan DEMJANJUK as being the "Iwan" that he knew at the gas chamber in Treblinka.
After the identification was completed, HORN was asked if he would be willing to be re-interviewed on a formal basis in the near future, and he agreed, with the stipulation that it be "confidential", that is, there was to be no press or other publicity. Mr. Moscowitz agreed to this condition, and was [sic] interview was terminated at 0955 a.m.
It was the impression of Moscowitz, Garand, and the reporting officer that HORN was honest, sincere and forthright in all of his responses, and was fully cooperative throughout the interview. Due to his age (76) and his request for absolutely no publicity, it is not believed that he would agree to travel to the United States to testify nor would he be favorable to video-taping and interview(as [sic] he would probable [sic] believe that it was actually a TV news camera). Prior to the formal re-interview, with defense counsel present(who [sic] would undoubtedly cross-examine and quite possible [sic] upset HORN) it is highly advisable that he be informally briefed on what to expect, immediately prior to this interview. Furthermore, in view of his advanced age, it is requested that any follow-up business which may involve HORN be conducted on a priority basis. Finally, in the event that HORN must be telephonically contacted, his number is (030)7852465.
(The videotape deposition proceeded as follows:)
Q Would you describe, in your own words, how these photos were shown to you and what, if anything, happened when you looked at them?
A First I was shown these larger pictures.
Q Approximately how many of those were there?
A Eight, I should say.
Q And what happened when you were shown � what, if anything, happened when you
were shown these pictures?
A I was asked if I knew anybody among these, of these.
Q And did you look at these photographs?
A Yes.
Q When you were looking at them, was anyone holding them?
A No.
Q Where were the photographs?
A They were on my table in front of me.
Q Who laid them out in front of you on your table?
A A gentleman � a gentleman of them.
Q At the time you had the photo, you were looking at the photographs, were you in control of them?
A Yes.
Q Did anyone suggest to you that you pick out a particular photograph in any way?
A No.
Q Did you in fact identify or recognize someone in those photographs?
A Yes, this Iwan.
Q Were you shown another set of photographs, aside from these which we've just discussed?
A Yes.
Q When you looked at those photographs � this other set � where was this first set of photographs?
A They had been removed again.
Q And at this time you were looking at this other set, you could not see this first set?
A Right.
Q Now this other set � this second set � approximately how many photographs were in that set?
A Also about eight.
Q And generally what were these pictures of?
A They were a bit smaller.
Q And what did they depict?
A Again people.
Q Now when you looked at these photographs, was anyone holding them?
A No.
Q Where were they when you were looking at them?
A In front of me, on the table.
Q And did you have complete control over them at that time?
A Yes.
Q Did � while you were looking at these photographs � did anyone suggest to you that you pick � that you identify or pick � a particular photograph?
A No.
Q In this group, did you recognize the photograph of any person?
A Yes.
Q And whose photograph was that?
A Again the one I found out on the first set.
Q And what is his name?
A Iwan.
Q This Iwan whose photograph you selected, is he the same Iwan you were talking about previously?
A Yes.
Q The Iwan who you stated was at the gas chamber?
A Yes.
...
Q At the time that you were looking at these photographs now in front of you, Government Exhibit 3, were you looking at the other set of photographs?
A No.
Q Were those photographs anywhere in your view?
A No. They went back into an envelope and away.
Q Mr. Horn, you stated previously that this Iwan was present at the gas chamber.
Narration: Back in Cleveland, John Demjanjuk, Jr. and his mother continued to hope that they might find new witnesses that would clear Demjanjuk. These witnesses, they believe, are in Poland � but his defense lawyers have been denied entry visas.
John Demjanjuk, Jr.: All we want to do is get into Poland, find the witnesses, people that are still living near Treblinka that were there at the time, yet we are unable to do so.
Narration: We went to this small village about a mile from Treblinka that has changed little over the last forty years.
Ed Bradley: It was here that the Ukrainian guards came to get away from the camp. They bought vodka at a house over here from the Dudek family. The man known even to villagers here as Ivan Grozny � Ivan the Terrible � was a regular customer. He brought gold with him, gold he had taken from Jews at Treblinka, to pay for his vodka, and for the privilege of sleeping with Dudek's wife.
Narration: Dudek's wife, Maria, still lives in the same house. She was afraid to talk to the camera, but told us she remembers those evenings with Ivan the Terrible, and she remembers his real name � Ivan Marzcenko.
Narration: We found Ivan Marzcenko's name in the Polish War Crimes Commission in Warsaw, on a list of Ukrainian guards who were at Treblinka. And Ivan Demjanjuk? His name was not there.
John Demjanjuk, Sr.: "I'm innocent, innocent, innocent. And God is my witness."
Narration: But the fundamental weakness of Demjanjuk's attempts to establish that innocence was his alibi ... that POW camp where he claimed to have been all this time, was a transit camp where no prisoner stayed for longer that a few weeks.
[Editorial note by Lubomyr Prytulak: Exhibit E concerns itself with the Pilichowski Letter, otherwise known as the Polish Main Commission letter. However, the way that the Pilichowski letter was presented in the Congressional record made it difficult to grasp its full significance. I have clarified the matter somewhat by correcting errors and adding editorial commentary. Fortunately, however, a clear explanation of the significance of the Pilichowski letter can be found at UABA-I.]
[Editorial note by Lubomyr Prytulak: The first time that the Demjanjuk defense saw the highly exculpatory Pilichowski letter was when it received the following version in 1986 � printed in blue on the UKAR site to distinguish it from other versions � in response to a Freedom of Information Act request. This 1986 version, however, was totally gutted of its significance by having essential material deleted. Even the name of the sender � Dr. Pilichowski � was deleted, possibly the OSI's attempt to make it harder for the defense to find who sent the letter and in that way to begin filling in the deleted material. The first time that the defense saw the complete letter was years after 1986 when it fished an unexpurgated copy out of a McDonald's dumpster across the street from the OSI offices.]
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EMBASSY OF THE UNITED STATES OF AMERICA,
Poland, September 24, 1979. Second Secretary of the Embassy. | ||||||
Dear Sir! [LP: material deleted]
Enclosed we are forwarding to you information concerning Trawnik � it is a copy of an article from the "Hitler Camps on the Polish Soil 1939-45", Warsaw 1979, p. 523 � as well as the XXVI-th volume of the Bulletin of the Main Commission Investigating Nazi Crimes in Poland, Warsaw, 1975, with the article about Treblinka by Stanislaw Wojtczak.
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Dear Sir!
With reference to your letter of July 27, 1979, 146-2-47, the Main Commission Investigating Nazi Crimes in Poland wishes to inform you that we do not have any data concerning Iwan Demjanjuk, Liudas Kairys and Vladas Zajanckauskas.
Enclosed we are forwarding to you information concerning Trawnik � it is a copy of an article from the "Hitler Camps on the Polish Soil 1939-45", Warsaw 1979, p. 523 � as well as the XXVI-th volume of the Bulletin of the Main Commission Investigating Nazi Crimes in Poland, Warsaw, 1975, with the article about Treblinka by Stanislaw Wojtczak.
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The guards, who were mostly recruited from Ukrainian nationalist [sic], played a criminal role as well. All were volunteers and attended special training in the so-called Ausbildungslager in Trawniki.
The following names are among those known from the approximate 100 guards: Andrejew, Binimen, Bondare Peter, Bondarenko Mikolaj, Dmitrenko Piotr, Duszenko Fiodor, Fedorenko Mikolaj, Gonzural Mikolaj, Jegar Sasta, Jelentzchuk Wasil, Kolasrnikov, Yostenko, Kowalenko, Loch, Marczenko Iwan, Martoszenko Molaej, Helnik Teodozy, Mikoda, Nidoereiow Mikolaj, Onoprijenko Daniel, Ozyczanski Mikolaj, Pilman, Polakov Leon, Rittich Alexander, Rogoza, Rogow, Rubez Grigoril, Eudenzo Wasyl, Safonow, Scheffef Mikolzj, Schischejav Wasil, Schwidkin Iwan, Senykow Mikolaj, Skudowa, Strobel, Strejber, Szule, Tscherniawskij, Wladimir, Urnau Jakub, Wasilanko Iwan, Woloszyn Wasyl, Worenkov.
Between the time the appeal was argued and the decision was handed down, however, the Office of Special Investigations had been established within the Justice Department. Its purpose was to handle the prosecution of all alleged war criminals in the country. The Walus case was consequently turned over to Special Investigations and its director, Allan Ryan.
"When the decision [on the appeal] came down," Ryan says, "I recall I had one very strong reaction: If this guy was guilty, we did not have a very persuasive case, and if he was not guilty, we did not have any business being in court at all."
He ordered a complete review of the evidence. All witnesses were re-interviewed. The authenticity of the documents and photographs introduced as evidence by Walus' lawyers was verified. Hundreds of people who should have known Walus if he had been in Kielce and Crestochowa were contacted. "To make a long story short, we tried to find out everything we could about what Frank Walus had done during the war and afterward," he says.
Ryan consulted the archives of a Polish government commission that had prosecuted war criminals. Its work was considered thorough and impartial, its records voluminous. What he found surprised him. There were no allegations against Walus or against anybody for whom Walus could have been mistaken, Ryan says. "That, by itself, is significant," he says. "It's like the old cliche of the watchdog that didn't bark. If a person had been involved in the SS or the Gestapo, there certainly would have been some mention of him."
On November 26, 1980, Ryan and then-U.S. Attorney Thomas Sullivan announced they were dropping all charges.
Even so, prosecutors still maintain they were correct in filing the charges in the first place. "I thought we had a solid basis to proceed with the case," says Carlson.
Says Gubbins: "If you had seven people come in and say he killed my father or he killed my friend, you're going to go with the case.
"As it wound up," Gubbins adds, "the trial was based on eyewitness testimony. But the memories were 35 years old. If anything, the Walus case showed that eyewitness testimony that old and related to that kind of conduct is not something that works well in our system of justice."
"I think the [prosecution witnesses] were honest people," Ryan says. "I have no reason to think they were perjuring themselves, perjury meaning, of course, intentionally lying. I think they probably did have somebody in mind. But Mr. Walus was not the person."