FINAL REPORT of the International Commission on the Holocaust in Romania Presented to Romanian President Ion Iliescu November 11, 2004 Bucharest, Romania NOTE: The English text of this Report is currently in preparation for publication. © International Commission on the Holocaust in Romania. All rights reserved. TRIALS OF THE WAR CRIMINALS General Considerations The Fascist regime that ruled Romania between September 14, 1940, and August 23, 1944, was brought to justice in Bucharest in May 1946, and after a short trial, its principal leaders—Ion and Mihai Antonescu and two of their closest assistants—were executed, while others were sentenced to life imprisonment or long terms of detention. At that time, the trial’s verdicts seemed inevitable, as they indeed do today, derived inexorably from the defendants’ decisions and actions. The People’s Tribunals functioned for a short time only. They were disbanded on June 28, 1946,1 although some of the sentences were not pronounced until sometime later. Some 2,700 cases of suspected war criminals were examined by a commission formed of “public prosecutors,”2 but only in about half of the examined cases did the commission find sufficient evidence to prosecute, and only 668 were sentenced, many in absentia.3 There were two tribunals, one in Bucharest and one in Cluj. It is worth mentioning that the Bucharest tribunal sentenced only 187 people.4 The rest were sentenced by the tribunal in Cluj. One must also note that, in general, harsher sentences were pronounced by the Cluj tribunal (set up on June 22, 1 Marcel-Dumitru Ciucă, “Introducere” in Procesul maresalului Antonescu (Bucharest: Saeculum and Europa Nova, 1995-98), vol. 1: p. 33. 2 The public prosecutors were named by communist Minister of Justice Lucre tiu Pătrăşcanu and most, if not all of them were loyal party members, some of whom were also Jews. The complete list included lawyers Avram Bunaciu (who would inherit Patrascanu’s post in 1948), Ion Raiciu, Vasile Stoican, M.Mayo, Constantin Vicol, Stroe Botez, Ion I. Ioan, Petre Grozdea, Mihail Popilian, Constantin Mocanu and H. Leibovici; magistrates Ion Pora and Stefan Ralescu; civil servant Camil Surdu; and workers Alexandru Draghici (who would become Interior Minister in 1952) and Dumitru Saracu (a former waiter at Bucharest’s luxurious Capsa restaurant. See Hary Kuller, Evreii în România anilor 1944-1949: Evenimente,documente, comentarii (Bucharest: Hasefer, 2002), p. 356. 3 The list of those sentenced by the People’s Tribunal in Bucharest and Cluj, with a short and strikingly apologetic introduction, is to be found in Cristina Păuşan, “Justiţia populară şi criminalii de război,” Arhivele totalitarismului, vol. 7, no. 1-2, 1999, pp. 150-165. The total provided by Păuşan (657) is apparently slightly incomplete. 4 See Zoltan Tibori Szabo, “The Transylvanian Jewry during the Postwar Period, 1945-1948,” in East European Perspectives, vol. 6, at www.rferl.org/eepreport/. See also the highly-interesting document recording the minutes of a March 27, 1947, meeting between Communist Party officials and former public prosecutors who were members of the party. Among participants were Justice Minister Pătrăşcanu (according to whom “some 200” people had been sentenced for war crimes), Interior Minister Teohari Georgescu, Alexandru Drăghici and Avram Bunaciu (see supra, note 2), alongside prosecutors Alexandra Sidorovici, Dumitru Săracu, Vasile Stoican and Lepădăescu [first name unknown]. See Andreea Andreescu, Lucian Năstase, and Andreea Varga, eds., Evreii din România (1945-1965) 1 1945) than those passed by the tribunal in Bucharest. At the latter, Avram Bunaciu (see note 2) acted as chief public prosecutor5 and Justice Nicolae Matei presided over the court. There was an obvious reason for the difference: the Cluj tribunal mostly judged crimes committed by the Hungarian authorities and their local collaborators in Northern Transylvania rather than atrocities perpetrated by Romanians under the rule of Marshal Antonescu. Out of the 481 cases on which the Cluj People’s Tribunal and its successors ruled, it passed the capital sentence on 100 people and 163 sentences of life imprisonment. Of those sentenced, 370 were Hungarian, 83 were German, 26 were Romanian, and two were Jewish.6 The Cluj People’s Tribunal condemned 30 people to death and 52 to hard labor for life in two mass trials, one involving 63 defendants and the other, 185. Prison terms handed down by the Cluj tribunal totaled 1,204 years. It must be remembered, however, that many sentences had at best symbolic value and that the percentage of the absentees was particularly high among those sentenced to death or to life imprisonment. Thus, out of the 185 charged in the first trials, only 51 were in custody while the others were tried in absentia.7 Turning now to the main trial—the sixteenth in the series of trials held by the People’s Tribunal8—the court pronounced thirteen death sentences on the twenty-four defendants, but six of these (including Horia Sima, leader of the Legionary movement, and Legionary ministers Mihai Sturdza, Ioan Protopopescu, Corneliu Georgescu, Constantin Papanace, and Victor Iasinschi) were pronounced in absentia and were never carried out. At the recommendation of the government, King Michael I commuted the death sentence to life in prison for the former minister of defense, Constantin Pantazi, as well as Radu Lecca, the government representative in charge of Jewish issues, and the director of the Special Intelligence Service, Eugen Cristescu. Marshal Antonescu and his foreign minister, Mihai Antonescu, as well as Constantin Z. [Piki] Vasiliu, inspector general of the gendarmerie, and Gheorghe Alexianu, the governor of Transnistria, were executed on June 1, 1946.9 (Cluj: Centrul de Resurse pentru Diversitate Etnoculturală, 2003), pp. 311-325. Henceforth: Şedinţa cu foştii acuzatori publici. 5 See document no. 97 in Evreii din România, op. cit., p. 293, fn. 14. 6 Tibori Szabo, “Transylvanian Jewry,” op. cit. 7 Ibid., and Randolph L. Braham, “The National Trials Relating to the Holocaust in Hungary,” in Studies on the Holocaust: Selected Writings, ed. Randolph L. Braham (New York: Columbia University Press, 2000), vol. 1: p. 142. See also Braham for the English translation of the Cluj People’s Tribunal judgments. 8 Procesul mareşalului Antonescu, vol. 2: p. 211. 9 Idem., pp. 432-439. 2 The first trial at the Bucharest People’s Tribunal ended on May 22, 1945. General Nicolae Macici was found guilty of the massacres perpetrated in occupied Odessa and nearby Dalnic on October 21-22, 1941, and was sentenced to death. Twenty-eight other members of the occupying Romanian forces received prison sentences, the harshest of which were for life and the lightest for one year behind bars.10 On July 1, 1945, King Michael I commuted Macici’s sentence to life imprisonment; Macici would eventually die in Aiud prison in 1950.11 Altogether, “Old Kingdom” and southern Transylvania-based People’s Tribunals pronounced forty-eight death sentences;12 but only four were actually carried out, the others being either commuted to hard labor for life or being pronounced in absentia. None of the sentences pronounced in Northern Transylvania was carried out, and the most important people charged had left the region together with the Hungarian authorities.13 Furthermore, based on a decree passed in early 1950, convicted war criminals who had “demonstrated good behavior, performed their tasks conscientiously, and proved that they became fit for social cohabitation during their imprisonment” became eligible for immediate release, irrespective of the severity of the sentence received.14 Among those found to be “socially rehabilitated” were quite a few who had been condemned to life in prison for crimes committed against the Jews. Many of the liberated would join the Communist Party. Others, however, would have to wait for the amnesties granted between 1962 and 1964, when the regime’s national-communist policies took off and the PCR needed the support of nationalistic political prisoners and the intellectuals among them, in particular. After the fall of the Communist regime, the proponents of Marshal Ion Antonescu’s rehabilitation (see below) would insist that the trials had been politically motivated and carried out at the orders of the Soviet occupants. There can be no doubt that the Soviet Union heavily influenced the outcome of the judicial process and that some of the indictment counts had little in common with actual facts. Paradoxically enough, however, it is also at Moscow’s door that one must lay the blame for the prosecution’s inability to charge many of those included on its initial lists of suspected war criminals. Some of the suspects were by now fighting on the Allied side 10 See Lucian Năstase, “Studiu introductiv,” in Andreescu, Năstase, Varga, Evreii din România, op. cit., p. 21. 11 Şedinţa cu foştii acuzatori publici, pp. 323-324, fn. 9. 12 American Jewish Archives, Cincinnati, Ohio, courtesy of Radu Ioanid, United States Holocaust Memorial Museum. 13 Tibori Szabo, “Transylvanian Jewry,” op. cit. 14 “Decret nr. 72 privitor la liberarea înainte de termen a celor condamnaţi,” Monitorul oficial, March 23, 1950. 3 (for example, Gen. Nicolae Stavrescu, one of the masterminds of the Iasi pogrom in June 1941, would, nonetheless, eventually be tried for the role he played in the pogrom); others were turncoats protected by Moscow and even became prosecutors themselves (Major Iorgu Popescu, for example, who had killed a Jewish student while investigating him under the previous regime, was now named public prosecutor in the trial of the Iasi pogrom perpetrators, and Ana Pauker herself advised against making a case of his past); or the Soviet Union simply neglected to deliver documents attesting to the atrocities committed on the territories it had re-annexed, despite repeated promises to do so “with the next plane.” Meanwhile, many of the suspects managed to escape abroad.15 This would not stop Moscow from soon accusing the (at that time still not fully communist) government of not hunting hard enough for war criminals.