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The Jewish Chronicle

Why Demjanjuk should not be tried

However evil the accused, prosecution is counter-productive

November 27, 2008 11:21

ByBernard Josephs, Bernard Josephs

3 min read

German investigators are urging the American authorities to extradite John Demjanjuk, an 88-year-old former Nazi death-camp guard, who was tried and sentenced to death in Israel for appalling war crimes, only to be freed five years later by the country's Supreme Court.

The Germans believe that new evidence, including hundreds of documents and eye-witness statements, prove that he was partly responsible for the massacre of thousands of Jews and that he should face a new trial.

Their evidence appears to be persuasive and their motives are certainly admirable. Indeed, who would not be happy to see the Ukrainian-born Demjanjuk, who has lived in Detroit since the 1950s, brought to justice?

Yet the effort to try him again is likely to be a seriously misguided exercise. The chances of the court reaching a satisfactory verdict are not high in a hearing that will be both lengthy and divisive. And an acquittal is bound to have unwelcome repercussions.