whom King David had
vanquished.
The revisionist name
endured through several
other non-Jewish con-
quests and has since been
adapted by the Arab
movement of the 20th cen-
tury, with a similar polit-
ical agenda: recasting the
return of the Jewish peo-
ple to their homeland as
colonial settling, and
promulgating the fiction
that the Arabs who
migrated to the region
several centuries after the
Jews were conquered
predated their cousins.
Here we have the benefit
derived from responsible
readership. The author of
this letter did not permit a
misconception and
geographically historic
distortion to go unchalleng-
ed. Blessings to all such
responsible readers.
❑
NEWS
Court Raises Doubt
In Demjanjuk Case
O
Jerusalem (JTA) — The
chief prosecutor in the trial
of alleged war criminal John
Demjanjuk urged the High
Court of Justice once more to
uphold his 1988 conviction
and death sentence.
But as state prosecutor
Michael Shaked completed
his arguments before the
five judge panel hearing Mr.
Demjanjuk's appeal, an
unexpected initiative by a
federal appeals court in Ohio
cast some doubt over the
strength of the case against
the Ukrainian- born defen-
dant.
Acting on its own in-
itiative, the U.S. Court of
Appeals for the Sixth Circuit
in Cincinnati ordered the
reopening of the case that
resulted in Demjanjuk's
1986 extradition to stand
trial in Israel.
The U.S. court said the
extradition warrant "may
have been improvidently
issued because it was based
on erroneous information."
The federal court acted in-
dependent of any request for
a rehearing from either side.
Its action appears to have
been prompted by newly
available evidence from the
archives of the former Soviet
Union, which the defense
counsel here says refutes the
identification of Mr. Dem-
janjuk as the sadistic
Treblinka death camp
guard, known as "Ivan the
Terrible," who operated the
gas chambers and tortured
Jews on the way to their
deaths.
That evidence, which in-
cludes testimony given by
other Treblinka guards over
40 years ago, points to a
Ukrainian named Ivan Mar-
chenko as the dreaded
"Ivan."
So it was argued by Yoram
Sheftel, Mr. Demjanjuk's
Israeli lawyer, who last
week urged the High Court
of Justice to unconditionally
acquit his client.
Prosecutor Shaked obtain-
ed a conviction two years ago
on the basis of eyewitnesses
who identified the 72-year-
old Mr. Demjanjuk.
Eyewitness identification
was also responsible for his
extradition, which the U.S.
court has now called into
question.
Mr. Demjanjuk has in-
sisted from the outset that
he was a victim of mistaken
identity. A longtime resi-
dent of Cleveland, he was
stripped of his U.S. citizen-
ship in 1981 for having lied
about his wartime activities
when he obtained it.
But the state prosecutor
has dismissed the new
evidence as irrelevant. He
has said that Mr. Demjanjuk
may have used the name
Marchenko, which is com-
mon in Ukraine and was his
mother's maiden name.
Moreover, he produced
new evidence of his own
purporting to show that Mr.
Demjanjuk was a guard at
the Sobibor camp in Poland,
as well as at Treblinka.
Mr. Sheftel demanded last
week that the court
disregard evidence of alleged
offenses at Sobibor because
it was not mentioned in Mr.
Demjanjuk's indictment.
The prosecution replied that
was only because the
evidence was not available
then.
When Justice Aharon
Barak remarked that there
may not be sufficient
evidence regarding Mr.
Demjanjuk's alleged service
at Sobibor, Mr. Shaked
replied that where offenses
against the Jewish people
are concerned.
There was no comment
here over whether or how
the reopening of the extradi-
tion case in Ohio could affect
the outcome of Mr. Demjan-
juk's appeal, or the
implementation of his
sentence should the High
Court uphold his conviction.
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