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Suspected Nazi guard to be deported to Germany from U.S.
Thu Apr 2, 2009 5:55pm EDT
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By Dave Graham
BERLIN (Reuters) - Suspected Nazi death camp guard John Demjanjuk is likely to arrive in Germany on Monday to face charges of complicity in the murder of 29,000 Jews despite a last ditch effort to block his extradition, his German lawyer said.
"If nothing else happens between now and then that's how it will be," Munich-based lawyer Guenther Maull said on Thursday.
A petition filed by Demjanjuk to prevent his deportation from the United States was unlikely to change this. "This attempt seems to have failed," Maull said.
However, Demjanjuk's American lawyers filed two appeals on Thursday for the U.S. government to stay his deportation and to reopen his case, saying Germany had changed its standards and was seeking to try him for "guilt by association."
"Given the amount of suffering and death that was meted out by Nazi Germany, it seems inconceivable that the Germans, who nearly killed my father in combat and again later in POW camps, now want to take him -- so elderly and weak he is unable to care for himself," his son, John Demjanjuk Jr., said in a statement issued in Ohio.
He said Demjanjuk was examined by a U.S. immigration doctor to determine if he "could survive the transportation" and results are pending.
Prosecutors in Munich have accused Demjanjuk of being an accessory in the killings of Jews between March and September 1943 at the Sobibor death camp, now in Poland.
Born in Ukraine, Demjanjuk denies any involvement in war crimes. He has said he was in the Soviet army and a prisoner of war in 1942. He later went to the United States.
Maull said he expected Demjanjuk, who turns 89 on Friday, to be taken from his home in Cleveland to New York, and then on to Munich in the company of a doctor, a nurse and a police officer.
Demjanjuk's son has said the retired car worker is suffering from a bone disease, kidney failure and other ailments, and would likely die before the case is resolved.
If he arrives, Demjanjuk is unlikely to be able to return home before the case is concluded, Maull said, noting it was still open as to how fit to stand trial his client was.
"The Americans will be pleased to get rid of him as they've already ordered his deportation," he said. "The only reason it hasn't happened yet is because no country would take him."
Given Demjanjuk's age, Maull said authorities ought to accelerate proceedings if they want a result, noting it was not clear how quickly his client could be brought to trial.
"In terms of the case, he must first be given the right to respond to the accusations. I will advise him to say nothing," Maull said. "Then he'll have had a right to a hearing, and that's when he can be formally charged."
As a rule, it took four or five months for trials to begin in the Munich court once charges had been made, Maull said. The case itself was unlikely to be over quickly, he added. Continued...
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