Nazi camp guard wins reprieve from US expulsion

5th April 2009, Comments 0 comments

Demjanjuk's defence team has argued his imminent expulsion to Germany and near-certain arrest on arrival would constitute torture given his age.

Washington -- A Nazi death camp guard accused of helping to kill some 29,000 Jews during World War II has won the right to remain in the United States for now, an immigration judge has ruled.

A Virginia judge said late Friday that John Demjanjuk, 89, who faces expulsion to Germany on war crimes charges, can remain at his Ohio home while the case is further examined.

Demjanjuk's defence team has argued his imminent expulsion to Germany and near-certain arrest on arrival would constitute torture given his age.

"The court should state our motion to reopen the case at an indefinite date," his lawyer John Broadley told AFP.

"In light of his deteriorated health and the German government's apparent intention to arrest and put him in jail ... the anguish and pain that he'll suffer from arrest and incarceration and trial in Germany will amount to torture under the convention against torture," Broadley said ahead of the ruling.

In a court filing the prosecution team described this allegations as "frivolous."

The Ukrainian-born Demjanjuk is one of the world's top Nazi war crimes suspects, wanted for his role at the Sobibor death camp in Nazi-occupied Poland.

Demjanjuk was ranked number two on the Simon Wiesenthal Center's 2008 "most wanted" Nazi criminal list, behind Aribert Heim, nicknamed "Doctor Death," who according to a recent investigation died in 1992.

While Demjanjuk's family continues to protest his innocence, the US has sought to deport the former mechanic for lying about his past on immigration forms.

He was stripped of his US nationality in 2002.

German prosecutors issued an arrest warrant for Demjanjuk in March, the latest in a series of legal wrangles over his fate.

He was sentenced to death in 1988 in an Israeli court, suspected of being the infamous and sadistic concentration camp guard "Ivan the Terrible."

AFP/Expatica

0 Comments To This Article