And another case with Janner calling in 2001 for extradition of war criminal with dementia

Evening News (Edinburgh)
May 29, 2001, Tuesday

Tom Curtis, ‘Nazi War Suspect to be Extradited’

AN alleged Nazi war criminal, who fled from Britain to Australia, must be extradited to his native Latvia, a court ordered today.

Konrad Kalejs, 87, is wanted in Latvia for alleged atrocities committed during the Second World War.

Kalejs left Britain shortly before he was to be deported, in a case which highlighted suspected war criminals living in the UK, including Edinburgh guest house owner Anton Gecas.

The news of Kalejs’ case came as the head of Britain’s all-party war crimes group criticised the delay in extraditing Gecas – wanted in Lithuania – and called for him to be tried “without delay”.

Lord Janner said the Scottish Executive should take immediate action over the “horrendous case” of the former mining engineer.

Kalejs arrived in a wheelchair to hear Melbourne magistrate Lisa Hannan’s decision, delivered after weeks of hearings.

Atrocities

Defence lawyers immediately said they would appeal against the ruling, describing it as “inhumane and unjust”.

Kalejs left Britain for Australia last January after Nazi hunters tracked him down to a retirement home in Lutterworth, Leicestershire.

Home Secretary Jack Straw previously insisted there was nothing Britain could have done to bring him to trial.

Kalejs had already been ordered to leave the United States and Canada because of allegedly lying about his wartime record.

Latvia indicted him for allegedly taking part in atrocities during the 1941 -44 occupation when 80,000 Jews were killed.

He is accused of being a guard at the Salaspils concentration camp near Riga, where Jews and Russian prisoners of war were executed, tortured or died of malnutrition.

Jewish and human rights groups claim he was an officer in the Arajs Kommando, a Nazi-sponsored death squad responsible for the murder of 30,000 Latvian Jews. He denies all the charges.

His lawyers claimed Kalejs, said to have prostate cancer and dementia, was too ill to be extradited.

He was arrested in Australia last December after Latvia requested his extradition. He is staying on bail at a home for the elderly.

Today, two months after Lithuanian prosecutors issued an arrest warrant for Gecas, followed by an extradition request, Lord Janner urged the British authorities to act “as swiftly as possible.” His comments increased pressure on Justice Minister Jim Wallace, in charge of deciding the merits of the case.

Gecas, 85, who lives with his wife, Astrid, and their two children in Moston Terrace, is alleged to have been a member of a Lithuanian police battalion which collaborated with the Nazis during the Second World War.

His unit is said to have been responsible for the deaths of up to 30,000 civilians.

He was publicly named as a war criminal nine years ago and then lost a libel case, during which the judge said he was satisfied Gecas was responsible for war crimes. But the Crown Office decided there was not enough evidence for a criminal prosecution.

Failure to see him brought to trial contributed to Britain’s recent poor showing in a league table by the Jewish Simon Wiesenthal Centre.

Horrendous

Mr Wallace told the Scottish Parliament two weeks ago he had asked for further details on Gecas from the Lithuanian authorities.

Lord Janner, Britain’s leading Holocaust campaigner and secretary of the cross-party parliamentary war crimes working group at Westminster, said: “The authorities should move as swiftly as possible to deal with this horrendous case. He should be extradited and tried without delay. I’m concerned at any delay in this matter.”

SNP MSP Lloyd Quinan said: “The lack of urgency over this whole situation is appalling.

“For the Scottish Executive to drag its heels like this puts Scotland in a very bad light.”

A spokeswoman for the Scottish Executive said officials could not be contacted to update the position.

Gecas, who was admitted to hospital earlier this month after suffering a suspected stroke, denies the allegations. His lawyer has said he may be too ill to stand trial.

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Greville Janner’s view on a 1997 case of Nazi War Criminal with dementia

[See also this case from 2001 where Janner called for the extradition of a Nazi war criminal with dementia]

The Guardian (London)
August 13, 1997
Duncan Campbell, ‘Alleged Nazi War Criminal dies at 86’

THE first man to be brought to court under modern war crimes legislation has died in hospital.

Szymon Serafinowicz died in hospital last Thursday, aged 86, his solicitor, Ted Dancey, said yesterday. He had been ill since April.

In January, an Old Bailey jury decided that Serafinowicz was unfit to stand trial on three counts of murders said to have taken place in Belorussia – now Belarus – when it was under Nazi occupation in 1941 and 1942.

Mr Dancey said yesterday that his client’s condition had deteriorated after the death in April of his younger son.

Serafinowicz moved to Britain after the war, settled in Surrey with his Polish -born wife, who died in 1993, and worked as a carpenter. He was arrested in 1993 under the 1991 War Crimes Act.

He was charged originally with four murders in the villages of Kryniczne and Dolmatowszczyzna and the town of Mir between November 1941 and March 1942 when he had been first police chief and then police district commander working with the Nazis. One case was dropped by the Crown Prosecution Service before trial.

Witnesses against him were due to fly from South Africa, Israel, the United States and Siberia. Serafinowicz denied the offences.

His lawyers argued at the Old Bailey that he was suffering from senile dementia, which made it impossible for him to understand fully the trial process. The jury heard from defence and prosecution psychiatrists about his ability to follow the case.

Serafinowicz, who appeared to be frail, was allowed to move out of the dock and sit with his lawyers. The jury decided unanimously he was not fit to plead and the case was dropped.

His prosecution raised the issue of whether similar cases should be brought after such a length of time. Four more cases are pending after investigations identified 369 people – 112 of them deceased – as being suspected war criminals who moved to Britain after the war.

David Cesarani, of the all-party parliamentary war crimes group, said yesterday: “Justice has caught up with him very late in the day. The fact that there was no verdict in this case leaves open the question of whether he was guilty or innocent. If this case had been pursued with energy and efficiency at an early stage he may have been acquitted and lived without a shadow over him or been convicted and spent a time in prison.”

Former Labour MP Lord Greville Janner, vice-president of the World Jewish Congress and chairman of the Holocaust Educational Trust, said he was disappointed that Serafinowicz had not been brought to trial sooner.

A 1940s war crimes investigator himself, Lord Janner said: “There was an abundance of evidence alleging individual and mass murders against him. I am sorry that he was not tried while he was fit enough to stand. War criminals have managed to evade prosecution under our system of justice for decades. There were absolutely no reasons why he should have escaped charges for ever.

“The CPS had a huge file of powerful evidence against him. He was accused of individual involvement in more than 3,000 murders.

“His defence was that he saved a few lives. But all Nazi killers saved families. It was like an insurance policy.

“Serafinowicz was typical. There were thousands of killers involved in carrying out the Holocaust – and not just Germans. The allegations accuse him of being a typical Nazi killer on a massive scale. I’m very sorry that more have not come to court.”

One of the principal witnesses against Serafinowicz, Oswald Rufeisen, a Jew who posed as a Pole to save his own his life and secure interpreting work with Serafinowicz, said he felt no bitterness towards him. “About the dead, say nothing but good. About his judgment, he has his own judge, I cannot judge him.”