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Former Nazi camp guard, 95, charged in Germany

A 95-year-old former Nazi concentration camp guard has been charged with war crimes during the Holocaust in what could be one of the last cases of its kind, a German court said Monday.

Published: 14 July 2020 08:48 CEST

Former Nazi camp guard, 95, charged in Germany

The former Stutthof concentration camp, now a memorial site. Photo: DPA

The former guard at the Stutthof Nazi camp near what was then Danzig, now Gdansk in Poland, was charged with complicity in the murder of several hundred people, a spokesman for the district court in Wuppertal told AFP.

The ability of the accused to stand trial must now be assessed by experts.

Because he was 19 years old when assigned to work as a guard at the Stutthof camp, the case would be handled by a juvenile court.

The man would be the latest former Nazi camp guard to face trial since a landmark 2011 ruling against John Demjanjuk, a former guard at the Sobibor death camp.

A court ruled that as a guard at the camp, Ukrainian-American Demjanjuk was automatically implicated in killings carried out there at the time.

Since then, Germany has been racing to put surviving SS personnel on trial on those grounds rather than for murders or atrocities directly linked to the accused individuals.

In the latest such case, German prosecutors last week demanded three years in jail for Bruno Dey, a 93-year-old former Stutthof guard who they said was “without a doubt” complicit in the murder of more than 5,000 people.

READ ALSO: Former Nazi guard, 92, charged for complicity in WWII killings

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Professors Friedrich Kießling and Christoph Safferling present their report

Professors Friedrich Kießling and Christoph Safferling present their report "State Security in the Cold War". Photo: picture alliance/dpa | Uwe Anspach

In the 600-page collection of findings entitled “State Security in the Cold War”, historian Friedrich Kiessling and legal scholar Christoph Safferling focused on the period from the early 1950s until 1974.

Their research found that between 1953 and 1959, around three in four top officials at the federal prosecutor’s office, which commissioned the report, had belonged to the Nazi party.

More than 80 percent had worked in Adolf Hitler’s justice apparatus, and it would take until 1972 before they were no longer in the majority.

“On the face of it they were highly competent lawyers… but that came against the backdrop of the death sentences and race laws in which they were involved,” said Margaretha Sudhof, state secretary at the justice ministry, unveiling the report.

“These are disturbing contradictions to which our country has long remained blind.”

‘Combat mission’

It was not until 1992, two years after Germany’s national reunification, that the last prosecutor with a fascist background left the office.

“There was no break, let alone a conscious break, with the Nazi past” at the federal prosecutor’s office, the authors concluded, stressing “the great and long continuity” of the functions held and “the high number” of officials involved in Hitler’s regime.

Chief federal prosecutor Peter Frank commissioned the study in 2017. The federal prosecutor’s office is one of Germany’s most powerful institutions, handling the most serious national security cases including those involving terrorism and espionage.

With more than 100 prosecutors, it is “the central actor in the fight against terror,” the report authors said, underlining its growing role in the decades since the September 11th, 2001 attacks in the United States.

The researchers were given unfettered access to hundreds of files labelled classified after the war, and found that rooting out alleged communists was often prioritised over other threats, including from the far right.

“In the 1950s the federal prosecutor’s office had a combat mission – not a legal but a political one: to pursue all the communists in the country,” the daily Süddeutsche Zeitung said in a summary of the report.

‘Recycling’ Nazis

The fact that West Germany widely used former officials from the Nazi regime in its post-war administration had long been known.

For example, Hans Globke served as chief of staff and a trusted confidant to former conservative West German chancellor Konrad Adenauer between 1953 and 1963 and was responsible for recruitment to top posts.

However, Globke had also been a senior civil servant in the Nazi-era interior ministry and was involved in the drafting of the 1935 Nuremberg race laws that imposed the first dramatic restrictions on Jews.

In recent years, systematic digging into the past of key ministries and institutions has unearthed a troubling and previously hidden degree of “recycling” of Third Reich officials in the post-war decades.

A 2016 government report revealed that in 1957, more than a decade after the war ended, around 77 percent of senior officials at the justice ministry had been members of the Nazi party. That study, also carried out by Safferling, revealed that the number of former Nazis at the ministry did not decline after the fall of the regime but actually grew in the 1950s.

Part of the justification was cynical pragmatism: the new republic needed experienced civil servants to establish the West German justice system. Furthermore, the priorities of the Allies who won the war and “liberated” the country from the Nazis were quickly turned upside down in the Cold War context.

After seeking to de-Nazify West Germany after 1945, the aim quickly shifted to building a capitalist bulwark against the communist threat. That approach often meant turning a blind eye to Germans’ previous involvement in the Third Reich.

In recent years, Germany has embarked on a twilight attempt to provide justice for concentration camp victims, placing several former guards in their 90s on trial for wartime crimes.

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