Court Blocks U.S. Attempt to Move Artukovic

Calling accused Nazi mass murder Andrija Artukovic a “gallant old man,” a federal magistrate Thursday temporarily blocked an attempt by the government to move the enfeebled 85-year-old Artukovic to a federal prison hospital in Missouri.

U.S. Magistrate Volney V. Brown Jr. said he was inclined to keep Artukovic at the Long Beach Naval Hospital so that his family and attorneys can be close to him. However, if a move does occur, Brown said, it should in no way endanger Artukovic, who suffers from a variety of crippling diseases related to old age.

“I am filled with apprehension and concern for the man,” Brown said in court. “It is a concern of this court and to all of us who have come to know this gallant old man that his physical health should be protected.”

Brown said he was not sure if he would be permitted by law to forbid federal prosecutors from moving Artukovic from the Navy hospital, where the accused man has been kept under 24-hour guard since November. Brown scheduled a hearing for Tuesday to hear arguments on the issue.

Given the controversy surrounding the extradition case against Artukovic--his attorney, Gary Fleischman, who is Jewish, was recently the target of verbal slurs outside of court from members of the militant Jewish Defense League--Brown’s characterization of Artukovic surprised some courtroom observers.

Contacted later, Brown said he would have nothing further to add to his comment, but he said he might clarify his remarks in court Tuesday.

Artukovic’s son, Rad, was elated at Brown’s characterization, calling it a “significant statement” that recognized the “extraordinary burdens” placed upon the Artukovic family.

Federal prosecutors sought to move Artukovic, whom Yugoslav authorities hold responsible for the deaths of 700,000 Serbs, Jews and Gypsies in Croatia during World War II, because of mounting costs--about $35,000 a month--to keep him at Long Beach Naval Hospital.

Costs would be much lower at the Springfield, Mo., facility, Assistant U.S. Atty. David Nimmer said, because there would be no extra expense for guards at the prison hospital.

Also, Navy authorities agreed to house Artukovic at the Long Beach facility until the end of the extradition hearing but, at that time, the case against him was expected to end last month, Nimmer said.

Although the extradition order was issued earlier this week, it is expected to be slowed for some time by appeals.

Artukovic faces a deportation hearing April 9. Fleischman contended that he could not adequately prepare for it if his client were moved to Missouri.