Identifier
Created
Classification
Origin
09MUNICH62
2009-03-20 15:17:00
CONFIDENTIAL
Consulate Munich
Cable title:  

THE PROSECUTION OF JOHN DEMJANJUK

Tags:  GM OPDC PREL 
pdf how-to read a cable
VZCZCXYZ0008
OO RUEHWEB

DE RUEHMZ #0062/01 0791517
ZNY CCCCC ZZH
O 201517Z MAR 09
FM AMCONSUL MUNICH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4694
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC IMMEDIATE
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE
INFO RUEHRL/AMEMBASSY BERLIN IMMEDIATE 3412
C O N F I D E N T I A L MUNICH 000062 

SIPDIS

STATE FOR EUR/CE, L/LEI - KPROPP, JUSTICE FOR OSI -
EROSENBAUM, HOMELAND SECURITY FOR ICE

E.O. 12958: DECL: 03/21/2019
TAGS: GM OPDC PREL
SUBJECT: THE PROSECUTION OF JOHN DEMJANJUK

REF: A) SECSTATE 22883 AND B) EMAIL OF MARCH 18 OF
MEDICAL REPORT

Classified By: Consul General Eric Nelson for reasons 1.4 b and d

C O N F I D E N T I A L MUNICH 000062

SIPDIS

STATE FOR EUR/CE, L/LEI - KPROPP, JUSTICE FOR OSI -
EROSENBAUM, HOMELAND SECURITY FOR ICE

E.O. 12958: DECL: 03/21/2019
TAGS: GM OPDC PREL
SUBJECT: THE PROSECUTION OF JOHN DEMJANJUK

REF: A) SECSTATE 22883 AND B) EMAIL OF MARCH 18 OF
MEDICAL REPORT

Classified By: Consul General Eric Nelson for reasons 1.4 b and d


1. (C) Summary: Consulate General Munich and Embassy Berlin
have actively pursued Washington goals with regard to the
removal to Germany and prosecution of John Demjanjuk by
German authorities. The German Federal Government has agreed
to act on the arrest warrant issued by the Munich State
Prosecutor, and we understand that action rests at present
with Washington agencies, in coordination with the German
Embassy. This cable outlines the principal steps taken by
Mission Germany in response to Washington instructions. End
summary.


2. (C) On March 11, Acting Consul General Traub at ConGen
Munich spoke with Dr. Hans-Joachim Lutz, public prosecutor
section chief ("Staatsanwalt als Gruppenleiter") regarding
the prosecution of John Demjanjuk. Lutz is the lead
prosecutor in this case. He said that his office had just
issued an arrest warrant for John Demjanjuk following a long
investigation. The March 11 press release of the
Prosecutor's Office follows at paragraph 8. We spoke with
Prosecutor Lutz again on March 12 to follow up on this news
and to share with him the points from REFTEL. Lutz warmly
appreciated the offers of support from Washington and ConGen
Munich. He confirmed that he planned to travel to Washington
on March 31 to meet counterparts regarding this case. We
reiterated that it is very important from Washington,s
perspective that the German authorities move as quickly as
possible to do what is necessary to open the door for
Demjanjuk to travel to Germany. Lutz replied that the matter
was now out of the hands of the Munich Prosecutors, Office
since their warrant was with the Federal Ministries of
Interior, Justice, and Foreign Affairs for processing. He
expressed the view that Washington would know what is
happening faster than he would. He added that it was his
understanding that the German Federal Cabinet could take a
final decision on the matter either "next week or in two
weeks."


3. (C) Separately, we raised the case with Michael
Hoehenberger, Policy Planning Chief at the Bavarian
Staatskanzlei, during a meeting on other matters on March 12.

He was not aware that Munich had issued the arrest warrant
and agreed that the matter was very important for Bavaria for
legal, moral, and historic reasons. On his own initiative,
he later raised the matter with Bavarian Minister of Justice
Beate Merk, who is bureaucratically the senior responsible
official for the Munich Prosecutor,s office. He told us
later that Merk had expressed her &full support8 for the
course the Munich prosecutors were taking and that the United
States should not hesitate to contact her if there were
something she could do to support the matter.


4. (C) Berlin Political Minister-Counselor consulted with
the Legal Department of the Federal Foreign Office on March
12 and 13 for updates on interagency discussions between the
Foreign Office and Interior Ministry on the Demjanjuk arrest
warrant. Those updates were shared with Washington agencies
by e-mail. The Foreign Office informed the Embassy March 13
on an informal basis that German authorities agreed to allow
Demjanjuk to enter Germany and that the German Embassy in
Washington would be the official channel of communication
with USG agencies on further steps. Mission Germany has kept
informal channels of communication open with the Germans both
in Berlin and Munich.


5. (C) Two issues were noted to Embassy Berlin as topics of
German interagency discussion: a) what kind of American
travel document would serve as the basis for admitting
Demjanjuk into Germany; and b) what would happen if Demjanjuk
were brought to Germany but then were found incapable of
standing trial or were acquitted. (Note: Acting Consul
General Traub floated the last point on March 13 with
Hoehenberger when he called. He quickly replied that Germany
&had a moral obligation to deal with this issue.8 What
would happen to Demjanjuk after an acquittal or if he could
not stand trial should be a question for another day, he
suggested. End Note.)


6. (C) On March 18, Munich Prosecutor Lutz sent the
Consulate a copy of a medical report from Demjanjuk,s doctor
in Ohio (REFEMAIL scanned and forwarded by email to DOS, DOJ,
and DHS/ICE representative in Frankfurt the same day.) In an
effort to stay coordinated, ConGen Pol/Econ officer will have
a courtesy call with Prosecutor Lutz on March 23 to thank him
for his cooperation to date.


7. (SBU) Embassy Berlin and Consulate General Munich have
discussed a media approach for this case and are prepared to
team with DOS, DOJ, and DHS on a coordinated press line when
the removal happens. This will be a high-profile case in
Germany.


8. (U) BEGIN TEXT OF TRANSLATION OF PRESS RELEASE FROM THE
MUNICH PROSECUTORS OFFICE

Munich, March 11, 2009

The Senior Public Prosecutor
Munich I

Preliminary Proceedings against John DEMJANJUK for Assisted
Murder

Press Release of the Prosecutor's Office of Munich I

On March 10, 2009, upon the request of the Prosecutor's
Office of Munich I, the investigative judge of the Munich
Local Court ordered an arrest warrant against the defendant
John DEMJANJUK. There is strong suspicion that the defendant
served as a guard from 3/27/1943 until late September 1943 at
the extermination camp of Sobibor (now Poland) and that in
this capacity he assisted the murder of at least 29,000
persons of the Jewish faith.

The request to order an arrest warrant became possible after
the U.S. "Office of Special Investigations" provided the
identity card No. 1393, the authenticity of which was
examined by the Bavarian Land Criminal Office. In a written
expertise, the office stated that the identity card matched
the sample material and was therefore authentic.

The defendant currently still lives in the U.S. Further
investigations will follow in order to adequately prepare
expected court proceedings.

The federal government has been informed about the arrest
warrant. The next steps of the Prosecutor's Office of Munich
I will be in close coordination with the federal government.

As soon as the defendant is in Germany, it is planned to
arraign the defendant and presumably charge him before the
jury of the Land Court Munich II for assisted murder in
29,000 cases.

(signed) Noetzel


9. (U) Consulate General Munich and Embassy Berlin
coordinated on this cable.
NELSON