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Judge suspends trial of Nazi death camp worker who faces 3,681 counts of accessory to murder

The trial of Hubert Zafke has been repeatedly delayed by procedural wrangling.

Poland Holocaust Law Source: Alik Keplicz

A GERMAN COURT has today once again suspended the trial of a 95-year-old former medical orderly at the Auschwitz death camp, in a new setback for a case where a string of delays has sparked anger.

The latest halt marks the fifth time that the court case against Hubert Zafke has been put on hold since the first hearing in February because of concerns over his health.

Months into the attempt to prosecute him for at least 3,681 counts of accessory to murder, no evidence has been heard and the trial hangs by a thread.

Today, Zafke, sitting in a wheelchair, was brought by one of his four sons into the courtroom in the northeastern lakeside town of Neubrandenburg, where the hearing was once again focused on procedural issues.

Prosecutors put a motion for judge Klaus Kabisch to recuse himself, after a previous application by civil plaintiffs was rejected.

On the bench, the judge stifled a yawn as the prosecutors argued their case to get him replaced.

Prosecutors say that Kabisch is biased because he had been unwilling to start the trial in the first place due to Zafke’s poor health, before being overruled by a higher court.

Less than two hours later, without commenting on the new application against him, the judge adjourned the hearing without setting another court date.

The examination of the latest motion could take “three weeks”, he said.

Germany Auschwitz Trial Medic Presiding judge at the trial Klaus Kabisch Source: Markus Schreiber


Victims’ lawyers have grown increasingly frustrated at the lack of progress in the case.

“The co-plaintiffs have abandoned all hope that a trial that is anything other than a farce will actually start one day under this presiding judge,” their lawyers, Thomas Walther and Cornelius Nestler, said in a statement last week.

Over the last few hearings, a parade of doctors have been quizzed in court about Zafke’s mental health, with each reaching a different conclusion.

The hearings have taken a sometimes farcical tack, delving into his life in a rural village: Does he sometimes forget to feed his cats? Did he give his sheep too much to eat?

“While judges and experts review his daily life, the prosecutors stare into space,” said newspaper Die Welt.

The International Auschwitz Committee, a group representing camp survivors, has also sharply attacked Germany’s handling of the case, saying the court was hurtling “between sloppy ignorance and complete disinterest” in a resolution.

“The justice system has rarely offered a spectacle that is so undignified,” influential news weekly Der Spiegel wrote, noting the sharp contrast with the previous three trials of SS personnel.

Anne Frank’s train

The wisened Zafke is the fourth former concentration camp worker in the dock in this latest series of trials for Nazi-era crimes, following John Demjanjuk in 2011, Oskar Groening in 2015 and Reinhold Hanning this May – all convicted before solemn, packed courtrooms of complicity in mass murder.

Source: euronews (in English)/YouTube

Those cases were hailed for providing a degree of catharsis for aged survivors, even if they shed little new light on the known facts of the Holocaust.

The Demjanjuk case set the legal precedent that defendants could be sentenced for having worked at concentration camps where atrocities were committed without proof of specific crimes by them.

The charges against Zafke focus on a one-month period in 1944 when 14 trains carrying prisoners – including the teenage diarist Anne Frank – arrived at Auschwitz-Birkenau.

Frank, who arrived in Auschwitz with her parents and sister, was later transferred to another camp, Bergen-Belsen, where she died in March 1945, just two months before the Nazis were defeated.

Prosecutors have said Zafke was aware that the site in Nazi-occupied Poland was an extermination camp.

As the proceedings have stalled, a media war has gathered pace, with a lawyer for Zafke, Peter-Michael Diestel, blasting a “humanely troubling” and “politically dubious” effort to convict his client.

“I consider it extremely distressing that the German justice system, which has only spottily addressed the Holocaust, is trying to create a fig leaf for itself with this kind of trial,” he said in February.

More than 70 years after the prosecution of top Nazis began in Nuremberg, Germany is racing against time to try the last Third Reich criminals.

Some 1.1 million people, most of them European Jews, perished between 1940 and 1945 in Auschwitz before it was liberated by Soviet forces.

© – AFP, 2016

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