Demjanjuk Case
The issues raised by the rapid deportation and trial in Israel of John Demjanjuk are far more complex than a belated trial of another “accused German war criminal.”
They are constitutional, not penal. An American naturalized citizen was stripped of his citizenship, sent off to stand trial for an “ex post facto” capital crime, to a country, which at the time of the incidents didn’t even exist. This is not a situation with a new government in the forum country.
There are strong precedents also regarding extradition to any jurisdiction where there are reasonable grounds to believe an accused has little or no chance for a “fair trial.” “Never Again” is a strong theme in Israeli life.
Citizenship or nationality is one of the most fundamental of rights one holds, entitled to fundamental due process. To summarily deprive one of citizenship and its protections to facilitate an ally’s 40-year vengeance is frightening!
I hold no personal opinion as yet of Demjanjuk’s guilt or innocence in the American juridical sense. I question whether in the case of such alleged crimes, Israel uses them in the same sense. The more opprobrious the crime the more necessity for thoughtful due process. The whole basis of this area of constitutional law needs to be given future and meaningful review. Demjanjuk, guilty or innocent, deserves no less.
H. CRAIG HOLOBOSKI
Anaheim
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