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German high court: Demjanjuk's deportation legal

Fri Jul 3, 2009 7:04 AM EDT
world-news, united-states, eu, germany, demjanjuk, john-demjanjuk, sobibor-nazi
Associated Press
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<p>In this Feb. 28, 2005 file photo, John Demjanjuk arrives at the federal building in Cleveland for an immigration hearing. German prosecutors say doctors have determined that John Demjanjuk is fit to stand trial over allegations that he was an accessory to murder at a Nazi death camp.  Munich prosecutors say in a statement Friday July 3, 2009 that they expect to file formal charges later this month.  They say doctors have determined the 89-year-old is fit to face trial on condition that court sessions do not exceed two 90-minute periods per day. The retired auto worker is accused of being an accessory to murder in 29,000 cases at the Sobibor camp.  The longtime Ohio resident was deported in May after losing a court battle to stay in the United States.   (AP Photo/Mark Duncan)</p>

In this Feb. 28, 2005 file photo, John Demjanjuk arrives at the federal building in Cleveland for an immigration hearing. German prosecutors say doctors have determined that John Demjanjuk is fit to stand trial over allegations that he was an accessory to murder at a Nazi death camp. Munich prosecutors say in a statement Friday July 3, 2009 that they expect to file formal charges later this month. They say doctors have determined the 89-year-old is fit to face trial on condition that court sessions do not exceed two 90-minute periods per day. The retired auto worker is accused of being an accessory to murder in 29,000 cases at the Sobibor camp. The longtime Ohio resident was deported in May after losing a court battle to stay in the United States. (AP Photo/Mark Duncan)

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BERLIN — Germany's highest court has rejected an attempt by John Demjanjuk to challenge his recent deportation from the United States to Munich for trial on charges of being accessory to murder at a Nazi death camp.

Germany's Constitutional Court on Wednesday ruled against taking up the case on the grounds that the 89-year-old failed to provide sufficient evidence that his constitutional rights had been violated.

Under U.S. law, Demjanjuk was eligible to for deportation to Germany, Poland or Ukraine. Only the Germans agreed to take him in and on May 12, following a series of attempts to fight his deportation through the U.S. justice system, Demjanjuk was flown from Ohio to Munich.

Prosecutors in Munich accuse Demjanjuk of serving as a guard at the Sobibor camp in Nazi-occupied Poland during World War II and maintain that he was an accessory to murder in 29,000 cases.

Last week, a doctor ruled that the retired autoworker was fit to stand trial and expect formal charges later this month. His trial could begin as early as this autumn.

Ulrich Busch, an attorney for Demjanjuk in Germany, said he planned to take the case to the European Court of Human Rights in Strasbourg, France.

Efforts to prosecute the Ukrainian native began in 1977 and have involved courts and government officials from at least five countries on three continents.

Charges of accessory to murder carry a maximum sentence of up to 15 years in prison in Germany.

© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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  • Regions: United States , Germany , Fargo/Valley City
  • Public Discussion (2)
MTLGuy

Seems like alot of effort to provide Holocaust survivors and there families a taste of vengeance.

    Reply#1 - Fri Jul 3, 2009 12:58 PM EDT
    Jeffrey Merrill

    Really!!

    I remember when they first tried to extradite him over 30 years ago.

    The evidence hasn't changed and his explanation of his activity during the war hasn't changed.

    Makes me wonder what made the US revoke his citizenship just before he dies...Has to be some type of political a$$ kissing

      Reply#2 - Sat Jul 4, 2009 1:33 AM EDT
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