BBC NEWS | Europe | Austria frees 'murder pits guard' A former SS man alleged to have taken part in the extermination of 8,000 Jews in one day has been freed by Austria, a day after being extradited from the US. The Austrian justice ministry said the former guard, 83-year-old Josias Kumpf, could not be put on trial because the statute of limitations had expired. The US justice department said on Thursday that Mr Kumpf had admitted that he stood guard over a pit where prisoners were being gunned down and "finished off" the wounded. Mr Kumpf was found to have served as a guard at Sachsenhausen concentration camp in Germany and Trawniki in Nazi-occupied Poland, where the mass shooting took place in 1943. His assignment had been to watch for victims who were still "halfway alive" or "convulsing" and prevent their escape, the US justice department said. There was no immediate comment from Mr Kumpf or his lawyer, Peter Rogers. They have in the past denied that Mr Kumpf had a role in any atrocities.
Wait a second. The "statue of limitations" had run out? Does that mean I could commit murder in Austria, hide out in the US for a period of time, then go back and get off scot-free? How does that work? I'm sure there are other camp guards in the US who are breathing a sigh of relief. What a disgrace.
It would seem you would not even have to leave Austria just avoid indictment for 22years(an odd figure 20yr or 25yr yes but 22yr). In this case I cannot understand what is going on. The U.S. Justice Department quite correctly and legally repatriates an Austrian citizen back to Austria after recinding his U.S. Citizenship, but the Polish government who has the right to issue an arrest warrent do nothing. The Polish Government, who have no Statute of Limitation for this crime and it was commited on Polish soil have a right to indict this man. Not withstanding Austrian National Law a Polish exredition warrant is valid in Austrian due to the EU Treaty of Accession, both Poland and Austria are EU members. I would also think Israel coud have done something- although there have never been good relations between Austria and Israel. I find it difficult to believe in a week in which Austria wrung its legal hands berating the Worlds press about the Fritzl trial, the Austrians have critised press coverage that linked the Fritzl and other cases to Austrian Nazi past, that they have a remarkable inablity to act resolutely in the matter of Nazi war criminals. Legal systems don't give the average person a warm fuzy glow!!! Steve
Not only does it not give me a warm glow, it leaves me queasy. There were so many options that it's hard to believe that none was taken up. What a fiasco. The US does what seems right, and the other nations drop the ball.
It is actually worse, The preciding prosecutor a Ms Caterina Swoboda in dismising the case said that no exredition warrent would be honoured from any third party (country) although Mr Kumpf is actually a stateless person- he no longer has protection of Austrian citizenship. I found this on HAARETZ.com the Israeli News online. -I was searching for a reason as to why the Israelis had not acted. I've wanted to find a Polish take on this but nothing has surfaced in English. It would seem that it is debatable whether he is Austrian A quote from his Grand daughter (in the U.S.) on Freedom Eden Blog site, "What would you do? 20 of his family members were executed when they returned to Yugoslavia after the war ended. They were not welcome to stay in Germany or Austria because they were neither German or Austrian". Incidently Swoboda if corrected for alphabet "Svoboda" translates as Freedom -in Czech ironic or what. Yep, your right, definately feeling a bit queasy Steve
Yes, well this -is- Austria that's being discussed. Those "first victims" of the Nazis who have studiously avoided any real inspection of their own actions and participation in Nazi war crimes for over 60 years -- because they'd rather have the world see them as a pleasant little alpine republic that is just swell as a tourist destination. This is the same country with a growing extreme right wing movement, the home of the late Jörg Haider. It is a disgrace but not really surprising. Cheers BW
Wonder where he can go? Even if he were a U.S. citizen, he'd only have 90 days visa-free in the EU. I suppose he could go to Iran and become a poster child for their propaganda against the U.S. and Israel. Cheers BW
From what I read from Associated Press, it would seem the Austrian authorities are happy for him to remain, I don't think this is for humanitarian reasons IMO it says much about the Austrian hierarchy. I would imagine that as he is a previous Austrian Passport holder the Austrian Authorities know full well that if it comes to court they will loose- unless they wanted to deport him to another juricdiction- it has been alluded to by a member of his family that his family may came from a Germanic enclave in the former Yugoslavia most likely Slovenia -which again is a E.U. State, of course once given a E.U. Passport he would be able to go to almost any State in the E.U. more than anything else it would normally depend where he was born and in which country was that at the date of his birth, some states also recognise paternaty. In other circumstances people who loose their nationality are generally held in detention centres (similar circumstance to Asylum Seekers) until some-one accepts them. I suppose there is a quota system. Would you really want to punish Iranian people in this way? ~steve
