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Auschwitz guard, 89, arrested in US


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My posts have little to do with one controversial book. They are based on the fact that he volunteered for the SS and that thousands of women, children and old people were killed in gas chambers after arriving at Auschwitz. and that there is no way that he did not know what was going on. "Befehl ist Befehl" - "Orders are Orders" - did not work as a excuse for the Nazis at Nuremberg and it should not work for this guy who ran away from his sins.

Again, implementing the "Final Solution" - the German plan to murder each and every Jew - started in 1941 - long before D Day.

You are correct in that SS members, most notably the "Totenkopf-Verbände" (Death's Head-Units, they literally wore a skull on their uniform), knew exactly what they were doing if they were directly involved in guarding or even organizing those camps.

Final solution definitely started 1941 after Wannsee-Konferenz and while shortage of supply might have been the cause of additional deaths round the end of WW2 by that time camp crews tried to get rid of the evidence against them, i.e, survivors, as fast as possible.

They knew what was coming if (or rather: when) the war was lost and self-inflicted wounds inside their left upper arms where their blood-group had been tatooed in, as this would have identified them as SS members.

Your reference to "Befehl ist Befehl" is not altogether correct, can be looked up here: http://en.wikipedia.org/wiki/Command_responsibility. "Befehlsnotstand" (i.e. carry out orders or be executed yourself) would not be a valid defense for the high-ups and individuals who had gone on a rampage under the circumstances, such as Ilse Koch or other camp-guardian celebrities. It could be denied as a defense for officers, but not when they only held "subaltern positions" and were in no postion to prevent anything.

So if our guy was a mere trooper, having "volunteered" under whatever circumstances, he would not have been put on trial even immediately after the war, he'd have had a hard time during the de-nazification process and possibly have been barred from holding offices in Germany.

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Leave the old man alone??? So if someone does some horrible crimes and doesn't get caught before a certain age, we should just ' leave them alone'

And obviously Germany has good enough evidence for an arrest warrant, not just something they heard from someone one time

What will you achieve by punishing an old man who might not even be fit enough to remember it. There is anyway little risk that he is doing it again....whatever he did as guard.

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Leave the old man alone??? So if someone does some horrible crimes and doesn't get caught before a certain age, we should just ' leave them alone'

And obviously Germany has good enough evidence for an arrest warrant, not just something they heard from someone one time

What will you achieve by punishing an old man who might not even be fit enough to remember it.

Make an example out of him for possible future mass murderers and get some justice for the victims that never got the chance to live until they were 89 years old.

Edited by Ulysses G.
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Leave the old man alone??? So if someone does some horrible crimes and doesn't get caught before a certain age, we should just ' leave them alone'

And obviously Germany has good enough evidence for an arrest warrant, not just something they heard from someone one time

What will you achieve by punishing an old man who might not even be fit enough to remember it.

Make an example out of him for possible future mass murderers and get some justice for the victims that never got the chance to live until they were 89 years old.

Sorry to burst your bubble, if you're even reading my posts.

Case is a German one and will be put to trial in Germany, if it even comes to that. As per sine lega scripta and a German law from 1913 he'll go to a juvenile court on grounds of having been 19-y-o max at the end of WW2.

Making an example of s.o. is not an option ina German juvenile court. This is not the US where they jail up clinically retarded 14-year-olds killing their baby sisters reenacting TV-wrestling for life, if you catch my drift (real case, look it up).

Maximum penalty will be 8 years.

Considerations for penalizing people in criminal courts are (basic criminology, vaild in Germany, the UK, rest of Europe and purportedly and in theory in the US):

1) personal prevention - subject is to be deterred from commiting that crime or crimes in general ever again

2) rehablitation - subject is to be made a functioning member of society once again. Have a read: http://www.law.berkeley.edu/sugarman/Sports_Stories_-_Monica_Seles.pdf (in English, mostly on insanity pleas, but takes a good look at German ideas of rehabilitaion from an US point of view)

3) general prevention - other potential criminals are to be made aware there will be punishment for this crime

4) retribution - state takes revenge for "breaking the peace" - in most of Europe a minor point by now

Point 1) and 2) are clearly out of the question, our guy is not in a shape to commit the same crime again, and most probably any other crime. Kept out of trouble for 7 decades.

Points 3) and 4) are prohibited as a consideration in a German juvenile court by law.

For 3) it's a little late now, too, unless you follow Kant to the end with "fiat ius, pereat mundi", an opinion you are entitled to.

"Leave the old man alone" might not cut it, it might be morally right to come to a verdict here.

Possibly a law should be made where he and others in his age group can "just own up, not have a lengthy diffcult trial, not go to prison and have no financial repercussions, whatever, get a token verdict" if admitting to actual guilt. But if he's not guilty of anything, as he claims, that would not keep some people from still calling for his head.

Edited by Saradoc1972
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Just think about that when pretty much the exact same posters make excuses and justifications for Islamic terrorists on other threads. There does seem to be an agenda here.

No problem with you countering posters POV, but the highlighted wording in relation to this topic is a really ugly accusation.

Off topic:

Differing opinions as to the root causes / rise of Islamic extremism in today's world, but don't recall anyone excusing / justifying Islamic extremism.

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Sick... Leave the old man alone unless there is conclusive proof of the allegations.

Why did they not chase the big money Nazis to Peru and Chile?

He already admitted to being a guard at Auschwitz if you think him standing outside while people were enslaved, tortured and murdered somehow makes him innocent then you really are a bit odd.

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To get back on topic (how unfashionable of me!)

One of the most haunting days of my life was 5 years ago, when I was taken to see Auschwitz-Birkenau. God alone knows what it was like for the prisoners. There can be no statute of limitations for anyone who may have been involved in such a crime against humanity.

Sad to see that yet again a serious thread had been hijacked by fragile egos and petty point scoring.

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To get back on topic (how unfashionable of me!)

One of the most haunting days of my life was 5 years ago, when I was taken to see Auschwitz-Birkenau. God alone knows what it was like for the prisoners. There can be no statute of limitations for anyone who may have been involved in such a crime against humanity.

Sad to see that yet again a serious thread had been hijacked by fragile egos and petty point scoring.

Been there, too, some 23 years ago.

You might be right about the statute of limitation, it's a moral decision. But the whole thing is drawing to a close about now because of age, so some thought should be given to finding a practical solution. The current procedural provisions simply have ceased to work,

Edited by Saradoc1972
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To get back on topic (how unfashionable of me!)

One of the most haunting days of my life was 5 years ago, when I was taken to see Auschwitz-Birkenau. God alone knows what it was like for the prisoners. There can be no statute of limitations for anyone who may have been involved in such a crime against humanity.

Sad to see that yet again a serious thread had been hijacked by fragile egos and petty point scoring.

Been there, too, some 23 years ago.

You might be right about the statute of limitation, it's a moral decision. But the whole thing is drawing to a close about now because of age, so some thought should be given to finding a practical solution. The current procedural provisions simply have ceased to work,

Perhaps the criteria ought to be age of survivors, not the accused.

Even so, this is not going to be an issue much longer, survivors possibly being a decade or so younger.

Also worth noting that most of the people standing trial or on wanted lists are held relatively junior roles back then, the higher

ups, being somewhat older, probably gone by now.

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It will be interesting to read the transcript of the trial and see how aiding abetting will be defined and defended. The defense will also be interesting. Following these trials in German courts can be quite interesting to say the least. Perhaps the most interesting was when the judge at the last Ernst Zundle trial makes the point that "Truth is not a defense". If the individual did what he is accused of doing and what he is accused of doing is a violation of the law, he is guilty.

Zundle's defense team made a serious tactical error and put the Holocaust on trial and that had no chance for a defensive success. He was accused of denying the Holocaust and that is what he did. Whether or not there actually was a Holocaust had nothing to do with the charge or the verdict.

The Demjanjuk trial was similar but Demjanjuk had hands on experience inside Sobidor with the inmates. He was a Ukrainian who was captured in Kiev in 1941 with the rest of the Ukrainian Army. I was pretty confident that he was guilty of the crimes for which he was charged as there was a lot of eye witness testimony. The case of why the Ukrainians were so willing has a lot to do with what is going on in the Ukraine today. You could probably take any Ukrainian guard and find him guilty as their brutality was unique. Demjanjuk was a POW and worse yet, a Soviet. The other Soviet POWs were not treated any better than the Jews were treated but the Ukrainians had a unique position in this war. It could be argued that a POW has no ability to refuse what he is ordered to do as refusal would most likely lead to that individual being executed.

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Perhaps the most interesting was when the judge at the last Ernst Zundle trial makes the point that "Truth is not a defense". If the individual did what he is accused of doing and what he is accused of doing is a violation of the law, he is guilty.

Zundle's defense team made a serious tactical error and put the Holocaust on trial and that had no chance for a defensive success. He was accused of denying the Holocaust and that is what he did. Whether or not there actually was a Holocaust had nothing to do with the charge or the verdict.

Errrmm.... that Zündel case would take a lot of explanation.

Zündel was born 1939 in Germany, so it's nothing to do with being a camp-guard or anything down that line, was too young for even joining Hitlerjugend.

It's close enough to the topic, though, so here goes...

Zündel got a (by German standards comparatively lenghty) prison term of five years 2/2007 and was released 2/2010, apparently not getting the usual early 2/3 release but pre-trial detention in Germany counted against that term, after extradition from Canada for convictions on 14 counts of "Volksverhetzung" (hate speech), "Beleidigung" (libel), and "Verunglimpfung des Andenkens Verstorbener" (now that's true German... "Insult against the memory of deceased" would be my ad hoc translation) on grounds of effectively denying the Holocaust on his webpages.

To say "the truth is not a defense" is not the right way to put it. The "objective truth" would obviously be a defense, but it was ruled (not for the first time) that what he put on his webpage was not covered by the German take on freedom of speech which is enshrined in the constitution but only protects opinion, as opposed to (false) facts. It is held that denying the holocaust is not an opinion but stating false facts as there is overwhelming proof by historians and witnesses as to the opposite. So the verdict did well have to do with there being the holocaust.

That legal reasoning is really difficult to follow in it's intricacy, it was upheld by Bundesverfassungsgericht (German Federal Constitutional Court), not without minority votes of judges to the contrary which Jewish organizations promptly inveighed against (but were quite moderate it has to be said).

Would fill a wikipedia entry (there is one on Holocaust denial, but it's a bit mum as to the German legal reasoning) to adequately represent, along with the exact reasoning as to why that constitutes libel or slander against surviving jews and their progeny, insult and hate, so I'll leave it at that.

Zündel's legal defense team did not make a "tactical error". I am acutally smiling at that expression, given what actually happened...

I'd rather put it this way: he got himself a team of 5 raving lunatics.

Three guys that themselved had prior convictions for the same crimes, first was chucked out of court right away for being prohibited from practicing law for that, the other two could only submit their "findings" on the Holocaust in writing. Was quite a novelty procedural-wise.

Best attorney was one Sylvia Stolz. Got thrown out for reciting Hitler, threatening the lay judges with the death penalty (sic!) for "slander angainst the German Volk" and "aiding the enemy", prostrating the Nazi salute (all of that in a public court session), and signing her writs "Heil Hitler".

Got herself sentenced to 39 month in prison and was prohibitet from practising law. Good riddance, dear colleague...

I wish I had been there, that apparently was sheer cabaret (the earnest and sad notions don't escape me, but this was a singular thing).

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Hopefully, his execution won't be botched. bah.gif

He won't be executed. Germany does not have the death penalty.

At 89, what's the point... He probably won't live to reach the date anyway.

Didn't realize that Pennsylvania was in Germany these days.

It isn't.

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Sick... Leave the old man alone unless there is conclusive proof of the allegations.

Why did they not chase the big money Nazis to Peru and Chile?

Really?

You think they spend time and effort if they are not sure?

They hunt down the guys in South America as well, and have caught a lot of them there.

So you are the one with the silly allegations.

Stop playing candy crush and do some research boy!

It is good this guy is caught and it is in the media.

Not because of the individual, but we should never forget what happened.

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OK, I don't know how many are still following this thread, but I dug up German news reports on the case with a lot more details.

I promise to sum that up in brief when I find the time, apparently the German state's attorney's view on defence regarding "order is order" changed over the Demjanuk case, till then I can only throw lots of German at you.

20.8.2012: http://www.spiegel.de/panorama/justiz/auschwitz-ehemaliger-kz-wachmann-womoeglich-bald-vor-gericht-a-851039.html

27.09.2012: http://www.spiegel.de/panorama/justiz/ex-kz-wachmann-johann-breyer-droht-anklage-in-deutschland-a-858008.html

18.12.2012: http://www.spiegel.de/panorama/justiz/johann-breyer-ss-dokument-belastet-ex-kz-wachmann-a-874941.html

01.06.2013: http://www.spiegel.de/panorama/justiz/ehemaliger-kz-wachmann-breyer-rechtshilfeersuchen-in-vorbereitung-a-903071.html

19.06.2013: http://www.spiegel.de/panorama/justiz/usa-fruehere-kz-wachmann-johann-breyer-verhaftet-moegliche-abschiebung-a-976060.html

22.06.2013: http://www.spiegel.de/panorama/verbrechen-von-auschwitz-verfahren-gegen-greise-ss-maenner-eingestellt-a-976699.html

Chap's name is Johann Breyer, *30.05.1925, a former toolwright, and US proceedings from the early 90s ended in 2003 when a judge decided his citizenship could not be withdrawn on account of him only being 17 when whatever it was happened. Apparently, as I surmised, this is not a case of non bis in idem and no stop to new proceedings in the US, although he might not see the end of them.

In the meantime, like with the one case I wrote about here, over 30 new cases were started in Germany this year, and so far 11 have been closed on account of the accused not being expected to last the trial or being incompetent for health reasons.

As I opined earlier, mundane justice and procedural rules have ceased to work here.

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It is good this guy is caught and it is in the media.

He's not been "caught", he's been indicted, and he has been "caught" or rather has been a suspect for some 20 years. From what I glean from the news reports I linked earlier evidence against him is at least potentially more serious and more founded, but it would take an expert to interpret it, so let's not do it out of court.

What I am balking at here all along is the notion that as soon as s.o. has been alleged, in the media or not, of being a war criminal everyone cries "Hooray, we got another one, he's got to be guilty and get what's coming to him so we can all feel better for persevering" when nobody without spending weeks and months, even years, looking at the facts and hearing experts and witnesses can determine whether that's actually the case.

What I can understand are notions this should be looked into with all due diligence, though.

Among other legal opinions I am hoping to convey, like having to act on orders or be a martyr, and obvious youth. I am presenting a lawyer's view on things, I hope that is appreciated, and even when presenting my own legal take on things I am being neutral, I am not his defense counsel when I obviously don't know what perspired back then myself.

Not because of the individual, but we should never forget what happened.

I think I can subscribe to that.

(I don't get the hang of this quoting or multi-quoting function here, all quotes done in good faith)

Edited by Saradoc1972
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Never Forget

Both sides of the big pond gave a lot to put down those bastards. If guilty, there is no level of hell deep enough for those that were involved with their operation.

"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf"

- George Orwell

Agree.

This is the worst crime against humanity put in to system, in the history of the world.

An entire state apparatus just aiming for single goal, to exterminate other human beings.

One can forgive, but should never ever forget.

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Never Forget

Both sides of the big pond gave a lot to put down those bastards. If guilty, there is no level of hell deep enough for those that were involved with their operation.

"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf"

- George Orwell

Agree.

This is the worst crime against humanity put in to system, in the history of the world.

An entire state apparatus just aiming for single goal, to exterminate other human beings.

One can forgive, but should never ever forget.

Thanks for using common sense. I concur. thumbsup.gif

Edited by Ulysses G.
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Keep having trouble making up my mind on this.

Over the last few days asked a couple of Holocaust survivors what they thought about it. Both were younger than the accused, but both still pretty sharp. Got two different views.

The first was vaguely aware about the news, and that too, because his family brought it to attention. Was rather disinterested, said it wouldn't help anyone much and most of those they catch today are either senile or were small fish. Said there's still anger, but it is not personal anymore.

The other one, gave me a lecture of details to rival Saradoc1972's posts, complete with comments on German language oddities. The attitude and conclusion, however, were quite opposite - more along the lines of "hang him high" and "if I'd had the strength, I'd do it myself".

Both followed the Demjanjuk's case, at the time, and it effected their thinking in different ways.

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Keep having trouble making up my mind on this.

Over the last few days asked a couple of Holocaust survivors what they thought about it. Both were younger than the accused, but both still pretty sharp. Got two different views.

The first was vaguely aware about the news, and that too, because his family brought it to attention. Was rather disinterested, said it wouldn't help anyone much and most of those they catch today are either senile or were small fish. Said there's still anger, but it is not personal anymore.

The other one, gave me a lecture of details to rival Saradoc1972's posts, complete with comments on German language oddities. The attitude and conclusion, however, were quite opposite - more along the lines of "hang him high" and "if I'd had the strength, I'd do it myself".

Both followed the Demjanjuk's case, at the time, and it effected their thinking in different ways.

These cases are open season for most opinion anyone might have, although I wouldn't know where "common sense" comes in here as this obviously a singular situation.

I'd say the first of those two survivors is probably the happier one for having more peace of mind.

That post would make a nice closing statement, but I'd be interested hearing some of the more hard-core folks' opinion here about the Oskar Groening case I quoted above. Will be moral from here on, not legal.

To repeat the key factors again, please read at least the wikipedia entry: Got into SS for having been thoroughly indoctrinated as a kid, found himself in Auschwitz never wanting to go there and not knowing what happened there,only job was sorting money taken from Jews, complained to superiors about things, tried to get out of there as fast as possible, spoke up when some fellow Germans in the late 60s showed him books denying the holocaust, presented his first hand knowledge in courts as a witness to possibly get some high up guys convicted, gave interviews to the BBC saying he felt morally guilty.

Will all that pass for redemption or should he be punished for having been at Auschwitz at all when he could not help it?

Can you punish s.o. for simply having been born in the wrong place at the wrong time and then not being suicidal enough to desert?

Sounds a bit like Antigone and catharsis, as in making some people feel better looking at the unsolvable moral dilemma and great misery of someone else.

As in: should have gotten yourself killed back then, otherwise we'll now kill you later (death penalty is ruled out in Germany, but it's what some people here would want for him)

Edited by Saradoc1972
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