MUNICH — A German court Thursday convicted retired U.S. autoworker John Demjanjuk of taking part in the murder of tens of thousands of Jews as a Nazi death camp guard, breaking legal ground that could pave the way for the prosecution of many low-level cogs in Adolf Hitler’s machinery of destruction.
The 91-year-old Demjanjuk was sentenced to five years in prison on 28,060 counts of accessory to murder — one each for the number of people killed at the Sobibor death camp during the six months in 1943 when he was convicted of standing guard there.
But Demjanjuk will spend no immediate time behind bars. Presiding Judge Ralph Alt ordered him released from custody pending his appeal — a process that could take at least a year. It was not clear when Demjanjuk would be released or where he would go.
The case was considered groundbreaking because although scores of Nazi war criminals have been tried and convicted in Germany, in this case there was no evidence that Demjanjuk committed a specific crime.
His prosecution was based on the theory that if Demjanjuk was at the camp in Nazi-occupied Poland, he was a participant in the killing there — the first time such a legal argument has been made in German courts.
“This case is a door-opener,” said Thomas Walther, a former federal prosecutor who led the investigation that prompted Germany to put Demjanjuk on trial.
Walther said his office has many cases that have been investigated but shelved and could now be reopened. Although it is hard to say how many living suspects might fall into the same category as Demjanjuk, it could be hundreds or more. “It could be very soon that more are brought to the table,” Walther told The Associated Press.
The prospect of Demjanjuk’s release pending appeal, though common under the German justice system, drew immediate ire from those who had been pushing for his conviction.
“We don’t think that that’s appropriate, given the heinous nature of his crimes,” Efraim Zuroff, the chief Nazi hunter at the Simon Wiesenthal Center, said in a telephone interview from Jerusalem. Still, Zuroff called the conviction “a very important victory for justice.”
Demjanjuk attorney Ulrich Busch said he was appealing the decision and expressed confidence he would succeed. Demjanjuk “will not see one day in jail,” he said.
Alt said Demjanjuk did not pose a flight risk because of his age, his poor health and the fact that he is stateless after being deported from the U.S. two years ago. That meant there were no grounds to hold him, Alt said.
Demjanjuk’s son, John Demjanjuk Jr., said his father needs daily medical attention and would likely need to be moved into an assisted-care facility — the costs of which would be paid by the German government.
“We’re in the planning stage, and I can’t say where he’s going to go,” he said in a telephone interview from Ohio.
Still, he said he was relieved by the decision to free his father “because he has never deserved to sit in prison for one minute.”
The younger Demjanjuk said he planned to visit his father, though he was not sure when. Demjanjuk’s 85-year-old wife, Vera, is in poor health and unable to travel.
Demjanjuk sat in a wheelchair in front of the judges as they announced their verdict after the nearly 18-month trial, but showed no reaction. He has denied the charges but declined the opportunity to make a final statement to the court.
Integral to the prosecution’s case was an SS identity card that allegedly shows a picture of a young Demjanjuk and indicates he trained at the SS Trawniki camp and was posted to Sobibor.
Though court experts said the card appears genuine, the defense maintains it is a fake produced by the Soviet KGB. The U.S. Department of Justice’s Office of Special Investigations also has said the card is genuine, but documents recently unearthed by AP indicate the FBI at one time had doubts similar to those aired by Demjanjuk’s defense — though the material was never turned over to his attorneys.
