Could a US Demjanjuk grave become neo-Nazi shrine?
Mar 19, 2012 | Posted by: roboblogger | Full story: The Kansas City Star
Some advocates worry that if convicted World War II criminal John Demjanjuk is buried in suburban Cleveland, his grave could become a place of neo-Nazi pilgrimage.Demjanjuk died at age 91 in Germany.
In May 2011, the German Judge Alt ordered that Demjanjuk be freed during his appeal.
Alt said there were "no grounds" to hold Demjanjuk. "It's the law, and so it's justice," Alt added. "I say he's guilty but it's not a final verdict."
The reason it was not the "final verdict" was because under German law, a verdict of guilty can only be given after an appeal process. Clearly, the Demjanjuk case had grounds for an appeal, and it is a shame on the German court that, given Demjanjuk's age and the controversies surrounding the case, that it failed to expedite the appeal.
According to Dr. Uli Busch, Demjanjuk’s lawyer:
“John died unconvicted and as an innocent man according to European and German law.
Art 6 European Convention of Human Rights states: Everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law.
“According to law” means in Germany : the condition of guilt and conviction is the final verdict of the appeal instance.”
The German appeal court has not decided on Demjanjuk's case; therefore, he is, according to German law, still innocent.
TIME Article: "...under German law, because Demjanjuk died before his final appeal could be heard and because a person is presumed innocent until ultimately proved guilty, he is still technically presumed innocent."
Read more: http://www.time.com/time/nation/article/0,859...
Germany's Munich court announced this week that because the appeals process was incompleted, under German law, Demjanjuk is presumed innocent and that he has no criminal record, and the previous verdicy is invalid.
It seems even in Germany, presumption of innocence unless proven guilty is no "technicality."
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