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ZUMBAKIS & ASSOCIATES Attorneys and Counselors
SEVEN SOUTH DEARBORN STREET CHICAGO, lLLINOlS 60603 S. PAUL ZUMBAKIS TELEPHONE RIMA L SKORUBSKAS 312/641·3428 THOMAS PETKUS LOCAL OFFICES 1445 SOUTH 50TH AVENUE Office Manager & CICERO, IL 60650 Legal Assistant 475 FRONTAGE ROAD BURR RlDGE. IL 60521 VIKTORIJA B. DIRGELA October 13, 1983
Ms. Sherri Cooksey Associate Counsel to the President White House Washington, D.C.
Dear Ms. Cooksey:
Attached is a brief introductory memorandum with exhibits relating to two issues of the utmost importance to the Lithuanian community and Baltic-Americans pertaining to the Department of Justice, Office of Special Investigations' proceedings against alleged war criminals. Your consideration and review of the matter will be greatly appreciated.
Respectfully,
SPZ/sma :MEMORANDUM
In addition to the numerous legal problems faced by those accused of being
Nazi collaborators and their families, there are several other issues which are of great concern to the Lithuanian community, as well as the American Baltic comm.unity at large. This memorandum focuses on two of these issues. Materials to substantiate matters raised in this memorandum are readily available. We are at your disposal to produce additional materials at your request.
NON-RECOGNITION POLICY
Since the occupation of the Baltic countries by the Soviet Union after the
Second World War, every president of the United States has repeatedly proclaimed that the United States government views the occupation as unlawful.
The United States has never recognized the incorporation of Lithuania, Latvia, and Estonia into the Soviet Union, and continues to maintain relations with the consular corps of the independent Baltic countries.
Contrary to the stated United States policy of non-recognition, the
Justice Department, through the Office of Special Investigations, has initiated and maintains contacts with Soviet Union officials in the Baltic countries.
Much to the delight of the Soviet government, the United States consulate in
Moscow cooperates with Soviet procurators in arranging for the taking of depositions in Lithuania, Latvia, and Estonia. These Soviet procurators, under the auspices of the Lithuanian Soviet Socialist Republic, the Latvian
Soviet Socialist Republic, and the Estonian Soviet Socialist Republic, apply their local laws and rules of evidence to the taking of depositions. The
Office of Special Investigations attorneys have unanimously acquiesced to
Soviet procedure. In each deposition, the procurator makes a point of emphasizing the applicability of Soviet law in the proceedings and the
-1- supremacy of Soviet laws in the occupied Baltic Republics (see attachment #1).
While the United States government continues its policy of non-recognition towards the Soviet imposed governments, the Justice Department continues to deal with the Soviet officials of these occupied countries. We fear that the
Justice Department's contacts constitute a de facto recognition of the incorporation of the Baltic states into the Union of Soviet Socialist
Republics. Also, the United States may find it difficult to argue that these contacts do not constitute a de jure recognition of the Soviet occupation of the Baltic countries. De jure and de facto recognition of Soviet sovereignty has long been the goal of the USSR. The Justice Department's current practice is clearly contrary to President Reagan's public pronouncements and his lifelong commitment of opposing the colonial policies of the Soviet Union.
Furthermore, the Justice Department is in conflict with the position taken by
United States Ambassador Jeane J. Kirkpatrick in the United Nations General
Assembly. (see attachment #2).
The seriousness of the actions taken by the Office of Special
Investigations' attorneys can be better understood when one considers that U.S.
Ambassador Andrew Young's conversation with representatives of the Palestinian
Liberation Organization, at a private dinner, was strongly criticized as government "contact" with a non-recognized organization, and resulted in the ambassador's early resignation. Certainly, if a casual, private conversation between a U.S. Ambassador and an official of the PLO was considered as
"significant", then the working relationship of the Justice Department attorneys with Soviet procurators representing the Baltic "Republics" is substantially more critical and may indicate the United States government's intention toward de jure recognition. -2- The Baltic American communities are shocked by the Office of Special
Investigations contacts with Soviet government officials and query the real meaning of U.S. pronouncements of non-recognition.
SOVIET INTIMIDATION
The close and friendly relationship between the Of'fice of Special
Investigations' attorneys and the Moscow Procurators' Office does not go unnoticed by those familiar with KGB tactics and the closely controlled Soviet legal system. Nearly every Baltic family in the West has relatives who have suffered at the hands of the Soviet government and its various agencies.
Evidence against the interest of the state is simply not tolerated in the USSR, and the people are aware of the dangers of angering the system. Clearly, the proceedings commenced by the Office of Special I,,nvestigations in the United
States courts are in the Soviet Union's interests. The fact that the Office of
Special Investigations' cases stem from investigations conducted and directed by the KGB can be clearly seen from the Izvestia article wherein KGB officials claim credit for the Office of Special Investigations' prosecutions (see attachment /t3).
A well-known Soviet tactic has been to intimidate and influence a person through harrassment of his or her family members living within Soviet territories. The punishment inflicted upon the residents of the
Soviet-occupied countries for the nunacceptable11 behavior of their relatives may result in loss of jobs, suspension or expulsion from schools, denial of access to goods that are already in short supply, or even arrest and punishment for unrelated matters.
-3- Having experienced such intimidation first hand, the Baltic immigrants are sorely aware of the danger, and often forego legal rights and remedies available to them solely for this reason. Many potential witnesses, as a result, are reluctant to testify on behalf of an accused for fear that their testimony may have repercussions on their relatives or acquaintances who continue to live behind the Iron Curtain.
In recognition of the precarious position in which the Baltic immigrants in the United States may be placing their relatives and acquaintances and fearing that the naming of a defense witness residing in a Soviet-occupied country may cause the witness harm, some witnesses and defendants in these cases have decided to accept the harsh consequences of an incomplete defense rather than expose these parties to the danger of KGB persecution and the repressive Soviet judicial system. The Office of Special Investigations is fully aware of this danger and has used the leverage in its favor. Witness the fact that not a single witness has been produced in favor of any defendant, in any of the cases tried to date, from Soviet-occupied territories. Even the alleged witnesses who are produced by the KGB to the Office of Special
Investigations have refused or have been denied permission to come to the
United States for a number of reasons. The most obvious reason is that the witnesses may defect once they are here in the United States. Secondly, the
Office of Special Investigations fears the possibility that the witnesses may not follow the script that the KGB had prescribed for them once they are faced with a true cross examination in United States federal courts.
The intimidation of possible witnesses and lack of investigative possibilities behind the Iron Curtain makes the Office of Special -4- Investigations collaboration with KGB agencies in the Soviet Union intolerable.
Under such circumstances, cases brought by the Office of Special Investigations cannot be tried in a fair manner. l
IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF ILLINOIS
Eastern Division
x
UNITED STATES OF AMERICA,
Plaintiff,
vs. CA 8 4302 {Hon. Ja.rnes B. Moran) LIUDAS KAIRYS,
Defendant.
------x
Riga, Latvia S.S.R.,
, November 17, 981 11 Videotape of I JUDZAS LATAKAS,
la witness herein, through the Russi lish I Maya
Yanis Yourkane, called exaI'lination counsel plain-
ff, pursuant to court order at the off the
General of Latvia S.S.R., 9 Rainis Bou ga, Latv.i
S.S.R. beginning at 3:48 p.m. 0 rties
Il> ~by the following couns
_,. .. ll·1
FRIEDLI, WOLFF &. PASTORE, INC. 1735 EYE STREET, N.W. SUITE #et 1 WASHINGTON, D.C. 200<'>6
l"HON!ii:S: 331·Hll!ll lUlll·till$2 4 .
Thereupon,
2 JUDZAS YAilOVICH LAT.A.KAS
3 was called as a witness on behalf of ?laintif f anc was examined
4 and testified through the i terpre r as follows:
5 THE P::\OCUR.!\TOE: Let us go on w i ::.h our work in the de po-
6 sition of witnesses in the Kairys case.
7 The time is 1548. Today is the 17th of }lovernber, 1981.
8 The deposition is held in the Procurator's Office in the
9
10 Please, ve you any documents,
11 THE INTERPRETER: He ~as.
12 please.
13 THE ~':'I'I'NESS: {Producinc:;.)
14 .<: THE PROCURATOP: Passport of the ~itizen of the J..
15 Social Soviet Republic~ Latakas, na;ne Judzas, ;:iatror:.y:nic Yano-
16 ,vie~, born 1920, the village of Laukagaliu, the region f
17 l:Panevezhys, Lithuanian S.S.R., nationality Lithuanian. Ii !l 18 ·1 [i The passport registers the owner as registered in the
19 If Lithuanian s.s.R., region Svencionys, village Gvylionys. 20 " Gentlemen, prosecutors, attorneys, will you have ques-
21 tions according to the passport?
22 Citizen Latakas, your nationality is Lithuanian? 5.
THE WITNESS: Yes.
2 THE PROCliRATOR: r,Jill you be able to give your evidence
3 in Russian? Have you had to speak English ever, Russian ever?
THE WITNESS: I'll try.
5 THI: PROCURATOR: At this moment you unClerstanc my cues-
6 tions?
7 THE WITNESS: Yes, I do.
8 THE PROCURATOR: I want to make it clear to ~'OU that you
9 have been asked to come here in response to a request from
10 the D.S. Ernba.;sy in Mosco\-.' about giving legal assista.nce and on
11 co::"'.l..r;iission of the Procurator Genera.l of the US. S. R. for depo-
12 sition as witness in Kairys case. I shall lead the deposition.
13 ' I~y name is Baccuchoni s. I am the ief Assistant of the
14 Prosecutor of the Lithuanian S.S.R., translated by You!'kane.
15 'THE IN7ERPRETEJ.: My nar:ie is Your!::.ane.
16 THE PROCURATOP.: Have you thins against the transla- I' 17 I' tion?
18 THE WITNESS: No.
19 THE PROCURJl.TOR: You, the translator, are warned about the
responsibility of decline or refusal or wrong inter~reting,
21 J the Article 176 and 174 of the Trial Code of the L?tvian S.S.R.
22 I 1 Do you know the contents of t~ese articles? Would you like ,I 7.
also Mr. Bartl it, defense lawyer, anc1 :~r. Springer / defense
2 lawyer.
3 The whole deposition in accordance with ~e Article 85(1)
4 is fixed on audio-video tape. For this a , videotape Pana-
5 sonic, with microphones Panasonic, and the tape Panasonic, rate
6 of recording 33.35 millimeters per second. AuGio-video record-
7 ing is made by Mr. Matney, the operator.
8 Did you understand what I was talking about?
9 MR. WOLF: What did the witness say?
10 THE INTE~PRETER: He understood everything.
11 THE P:::\OCuRATOR: In accordance with the Article 53 o~ 12 the Criminal Trial Code of the U.S.S.R., you as a witness have
13 the right to give evidence in your native tongue. How2ver,
14 , with your consent we shall carry out the deposition in Russtan,
15 and how I understood you are not against that.
16 THE WITNESS: That's right.
17 I, I: 'I'f1E P~OCDRA'I'OR: After the c1eposi tion you have the right 1' ii 18 f to see the protocol of the deposition and in case of, if it i! 19 ii Ii is necessary, give additions or corrections to t11e 6eposi tion 11 20 to the protocol.
21 As a witness, you must give only truthful evidence, speak
22 I I only the truth, without concealing anyt~ing fron prosecution. II
11 I N TO TH:f~
PRESS RELEASE
FOR IMMEDIATE RELEASE July 29 1983
THE UNITED S'l'ATES REAFFIRMS RECOGNITION OF INDEPENDENCE OF ESTONIA, LATVIA AND LITHUANIA
Ambassador Jeane J. Kirkpatrick, United States rmanen t Representative to the United Nations has delivered to Secretary-General of the United Nations, Mr. ier Perez de
Cuellar the text of a statement issued by President Re an o~ the
occasion of the anniverary of the recognition, by the ited States, of the three independent Baltic republics of Estonia, Latvia and Lithuania. She request that this statement be
an official document of the United Nations General y a.nd circulated. The 38th General Assembly wi11 consider the importance of the right of peoples to self-determination a of
the speedy granting of independence. The 1 ing s the text f President Reagan's statement:
On July 26, 1983, we mark the s first nnive sa of the de jure recognition of the three Baltic Republics of Lithuania, Latvia, and Estonia by the Uni States. Each of these states was a full member of the Le ue of Nations and had signed non-aggression treaties with the Soviet Union. Yet all three countries were re ly incorporated into the Soviet Union more than forty years ago as a result - 2
of the infamo~s Molotov-Ribbentrop Pact which divided Eastern Europe into Nqzi and Soviet spheres of influence. By continuing the illegal occupation of the Baltic States under the provisions of the Molotov-Ribben op Pact, the Soviet Union violates international law, part rly the right to self-determination as set forth in the United Nations Charter and in subsequent resolutions of the General Assembly. Resolution 1541 of the General Assembly, dealing wit~ self-determination, stipulates that the decision to incorporate into another state "should be the result of the freely expressed wishes of the t,,erritorie 1 peoples acting with full knowledge of the chan~e in status, their wishes having been expressed through informed and democratic processes, impartially conducted a based on univ~rsal adult suffrage." Far from respecting such democratic processes, the Soviet Union used brut force in absorbing the three Baltic States into its empire. In 1940, the Soviet Union invaded, occupi , and annexed the Baltic States, after which it embarked upon a policy of ruthless Sovietization. Then, on a single ght of terror, June 14, 1941, the Soviets depor huge numbers of Baltic peoples to th~ Gul s where many of them ris Following the Nazi occupation f the Baltic States, the Soviets again invaded the Baltic States and reconsolidated their control through killings, repression, and new mass deportations. B~tween 1944 and 1949, some 600,000 Baltic people1 out of a population of just a little over 4,000,000, were deported to Sib~ria. The resistance to Soviet occupation continued until 1952, eight years after the re-entry of the Red Army. Since then, the Soviets have pursued a conscious policy of forced Russif ication aimed at the denational ization of the Baltic States. The religious, cultura , historical heritage of the Baltic peoples has been denigrated and suppressed. Nevertheless, e iet Union has been unable to force the acceptance of an alien li of totalitarian domination. Today, the Baltic peoples continue to s attain their freedom and their right to ation. Broadly based dissent movements have eme demanding national, political, and religious ri In Lithuania, for example, where 15 unoff ial journals ar circulated regularly, some 148,000 le recently sub mitted a protest petition to Moscow, a figure u re n in any place under Soviet control. ically, the Soviet response to these efforts to restore Balt freedom has been to deny Balt national rights and to subject the e brave Lithuanians, Latvians a,a Estonians to imprisonment, exile, or confinement in psychiatric institutions. Americans share the just aspirations of e p of the Baltic nations for national independence. We cannot remain silent in the face of the continued refusal of t government of the USSR to allow these people to be free. We uphold their right to determine their own national - 3 - destiny, a right contained in e Helsinki Declaration which affirms that "all people always have the right, in full freedom, to determine, when and as they wish, the r internal and external political status, without external interference, and to pursue as they wish their litical, economic, social, and cultural development." For thi reason, the government of United Sta s has never recognized the forced inco oration of States into the Soviet Union and will not do so futtite. On this occasion, we wish to re firm this poli y as we note the anniversary of the 1922 recognit by the United States of the three Baltic Republics. In so doing, we demonstrate our continuing commitment to the princip s and purposes of the United Nations Charter and to the cause of peace and liberty in the world.
* * * * * * * A Hl R
ge 3.
t a atu of Umitations"
In 1 i of mankind and our 1e, st is a'lways intertwined
\fl an,, i h the resent he "'uture. Of ten this is ~'' ul blending of times, the
t t() ve uniting of a ~' which many nerations oted their rts.
But there are also cases re the past s rmit itse 1f to for- tten use of unendi anguish. Those were shot a tortured to death
scisrn cannot make t ir executioners answer for their deeds--they have
to eterna 1 rest. 1 iv i ng. are iged do i $ •••
At USSR ittee for te [KGB] t consideration was
iven to uest the itoria1 to tell about t work which is
on e investigation wa er na1s had commi bl
s ring time war.
course, it is necessary rig to te 11 it v1as the we h d to submit our request. ln our coun ion war crimina1s a sure of er s ism s s i
1 ns justice based on aid l le.
was on this account t OU s ion res ible rs
ace. were given a i
with documents, discuss in i1 rs ied,
day upon day, r upon r, with is work t i so
neces well ing man k i The sire to ir names was
great, for fully understandable reasons. it is i to this.
For the investigation of war criminals s nuing and wil 1 continue
until time when not one them is ce of ea
This s t my rs in conversation to1d me, can no
t such is and 11 case. What is s , because our ple have never been ided by the ing of ven e as concerns anyone. watchwo of se who are investi ting former z i s , tr a i tors ,
nd persons who committed war crimes--is defense of the interests of our
state a justice. It is t se very terests cf t state t have di a11 of the terna1ly unnoticeable ver, is intense
n its de hs. in the investi ti n of c i in ls.
" e shield nd wo of revo u 1 in th ~; xt y 1aconic and
cu te , the r and V. I . L 1 N de in ta SK f ta te securi
ns, from e first days oft eir creation. Currently. is swo is in the
ha s of successors a in ritors of lo ious t it ions of i s
a id ls of f.E. DZERZHlNSKIY. d not on1y the ows from the past. but also protect our present and future. Our discussions with very knowled a e and competent people lasted many
hours. At first I was ama the names of executioners are mention memory~ such ils of the crimes committed them were cited that could only
remembered and s in memories of se who devote themselves to ir work
w th exce ona1 res i bi l ity, a see in it their lofty du fore the nation.
Then, ama c in a of rat i I n
that it was unimagina y to k ·into t st, inve a
er na l , a h
Of course. in of war c im nals, al 0 s of justice our
country rtici to one or ano r gree. cri is i
is me out in a y con wi law. I ire
to compare WO of rtners in conversat on wi h e work a
SU --a t to OU 'tJith a SC " s
and the cri nal has recei t he se us I as one 1ow discus- sants?
2 u:u-·10
"Fatigue," I u y. "And pain ... "
"is occupi th" former executioners, r over territory
one of the Ukrainian oblasts t t Hit 1er Hes. met thousands of people. he studi of s. He saw the remains of victims--mass graves were unea d.
II e as s illegible] strikes art. .. " His rt is smitten
tne ashes of 11 ions, his h s red thin itself
all whose lives were cut short by bullets in the ditches, who were ,, rn concentration in le gas ch burned up to-
ther wi thou s cities a vi 11 s. And although my partner in conversation had a young it was neverthele s anguish of the
st.
Yes, t is a in. and that submit to s time ... Among my fellow discussants, were also so1diers by the fires war.
"It means t war f i s ", I as one a former nk dri
Ins an answer, showed me documents i1 l had be inve
11 Did your f i in the war/' as a ?
IJMy in war father d not so ••• Ii
Yes, in the investi on of war ci na 1 s, the the Fatherland, a ird generation ready n, if we count of vi
1945. Comp1etely people have baton ght agai evil from the hands ir a 1 rea new times,
tow a j as i l1
3 lLV-/V
• t re, they r--t se saw much at i r a t and y
u people-- ve achiev enough t the ove ng majority o the exe- cutioners and ~angmen have alrea s be re the court of the people.
We have great ~steem also r t se honora e a no e p1e in the
West • with great ef rt, at ir own cost and risk, a n rs. are exposing the past of executione s who i phi es~ externa 1 a ranee, and their last names. nscience a ma the ings that the so-ca11 judi al or n f in coun es not s re
ncern therns es wi h r here no bl r on the ce of t earth, in tru , t n "war criminal ... " of se
BARBIE, was curren y put u r a rest in ace re he was thief of Hi eri te stapo, where he d tortured a mu ring the occu tion years. I will ho tone more war criminal wil1 receive his just r his Hi erite executione ha e not recei his punis
course, ct ca11y no one is. ic
t s ial services of t Uni s d inveterate L not a corner our
r c i 1 s f i re - .. s is w 11 of 1
t x cl y f i y in a
Vi€ u n mou 1y ona communi e war
it i of
1 i of
stil 1 not stai w t rn up in r of i1 t an s y
4 even at t ends of ea nd w 11 rn ver to their accusers so at jus ice can "
"Even to he ends of ear·th, ... 11 o twas sed the peop1es who were torn up t war. ' i s nece s se, in whi justified n r was concentrated, is necessa
11 of us to know se ornple ly 1f
r nately, 1rea a the ve ng this wo , so necessa
a 1 l of ma n k ind , c e rt a i n c t s c a me a b o u t i ch u alarm, a doubt in the sincerity of those who were supposed to f i a. nish war criminals abroad.
Here is one them: From 8 1945 to 31 December 7, in Germany, investigation concerning 77,004 Nazi criminals was begun, but during that period, 6,192 persons were tried, which is less than 8 rcent.
In connection with this, it is necessary to bring up the 1ines of still another document. In the "Communique of the Berlin Conference of the Three
States in 1945, it was stated unconditionally and firmly:" ... war criminals and those who took rt in the planning or imµlementation of Nazi measures ought to be arrested and put on tria1." At the end of this document, also, are signatures of the lea the three states-the Savi Union, ited tes America. and Britain. Nuremberg epilogue of Hitlerism remains in memories the peoples. when during the night of 16 October 1946s the sentence the I na onal Mili ry Tribunal. which ied the main war nals, was carried out.
However, it was clear to everyone that li war criminals guilty of the most grevious crimes against humanity d not by at that time stood before the judgement of the peop'les. Many them hid out, attempted to escape their retribution--executioners fferent caliber, but equally dangerous for 1i on earth.
5 This is the investigation of war criminals that had begun already during the time of war. could not be and was not stopped after the war ended. In addition to this, having encountered attempts to whitewash, justify, and conceal war criminals in connection with so-ca11ed statute of iimi- tations, in , the UN Genera1 sembly adopted the I rnational Convention on the Inapplicability of te Li tationstoWar imes and Crimes against Humanity.
Our country has always carried out is high humanitarianism consistently, and has always acted in precise confirmi wi_th the standards of
ma ona1 law. Even during the rst twar rs, considerable work was on the sis of tation a cri nals s ect to investi tion were s o sands surnames, nic s, was in rea an e account
Even i tne s 1ists one
II i 11 now trails of ts secret eld security service formations are visible.
Of course, t forei s ven co es ca documents a tions
Fascist I es
East rtment", !I " v
' a assist p in i on war ri na found.
finest b 0
6 1 76 kinds of cts that even can cause hea t seem to burst in .. fl ames. With absolute precision, L. the l oca ions of mass e) the fact also that some of them were recruited for the use of Western special services, they were fed, trained, and •.. it was attempted to use them against our country. Well, American intelligence dropped a certain I. I. FILISTOVICH on us. although it was well known to his masters that he was a member of the 13th Battalion of troops enga in punitive actions on occu ed territory of Bye1orussia, and right afterwards, he fought against the lo ican troops in Ita1y. is not'the only one that they dro yea • our organs of justice carri out investi tions of war cri nals. And their "register" was inned out--the executioners and murderers ans we r ir s accordi to s ct 1 e r of the 1 aw~ a i many, laconic inscription a " ximum Punishment". I 11 not s pee ify many surnames remain in the 1ist of se r investi tion. re is no this is a i ki 0 r wh ch icity ld an I 11 y s abs ute s i bil r each at ossa1 wo name of justice. His has seen r of ob 1 i tions ta one e1f, irreconc i1iab·i1 i tow a of pl e. 7 course, it would be ice now, '(5 ter war, to write: justice s been ly vi torious, all mu re s. executioners. s ma.n 1 cs, a turncoats nurtured Hitlerite Fascism e ir deserved nvesti tion, which ta s so 1ong and is so di icult. to However, y. for the time being, this cannot be done. Retribution has not reached all of those who deserve it. A ling of anger overcomes one wnen one learns of the sentence court in the city Darmstadt [ ich freed zi cri na1 RONDHOLZ because after 36 years [the trial took p1ace in 1 7]. "it was imposs'ible ne kinds in rna·l motivations" nt ac names r criminals ich w 11 now are we11 s a so-cal! ns just ce certain countries. And if we one more ti t is only in i c1 they have not slipped into obliv on, the rs have les our memories. LINNAS, KARL AUGUSTO\IICH-YULI CH... This oner was of Hitleri concentration in rtu. n l -1942, a very ve and direct part in the extermination inma s ison. Among his victims were women, d fo1ks, a chi1dren. Fleeing from the wrath of people to the West$ he d out there, and then he moved across the ocean. In 1962, the Collegium on Criminal Procedures of the Supreme Court of the Estonian SSR him in absentia to the highe of puni the current time, he is resi ng in the United States, New I and]. Three times our country sent s to U.S. [1961. 1 and 1981) requesting the handing over of this war criminal. A refusal was received •.. 8 1r-u-1u GRMOLCHIK, ALEKSANDR MIKHAYLOVICH ... He is already 68 years old. He has grown old and has lost his former vigor. And this executioner about in 1942-1943 on the temporari1y occupied territory of Gomel Oblast, where he serve~ as·chief of the police of Khoyniki Rayon. The older residents still remember him in the hated uniform a fascist lackey. participated in mass executions by shooting of the peaceful inhabitants, people were totally innoc nt. Executioner GRMOLCHIK r t name o AL RT KRUGER, lived in Zelle [F ] and possibly blended th his neighbors s an upri person. Why, it is known that upon going into retirement the executioners are greatly concerned with respectability. At one time. a note was sent to the FRG Government requesting the handing over of this war criminal. but no response ensued. In the same Khoyniki police, a certain BAZIL ARTISHENKO served in 1943. also tortured and murdered in person, he is accountable for rticipation of the kinds of mass murders of Soviet citizens, that in reading the witness statements, and captured documents, the ood" chills in one' veins. t one found refuge in Uni Sta ZVARICH, KlRILL STEPANOVICH served as a iceman in the Zabolotye Rayon of yn Oblast in 1942-1 11y shot and red many e was disti i ute lack of ssion. DIMI IY YURYEVICH KUPYAK, on ccnsc1ence. is. Inls . ci tion in the mass murders of vists of the Savi a women, old e, 1 found in . KUPYAK was d a band of Ukrainian bourgeois nationali [OUN], burned vi 11 a his cruel knew no bounds so, is that bandit going to live out his life in ce? BOLESLAV MAYKOVSKIS lives in United The ists exerted much effort to reconstruct an biography MAYKOVSKIS. His ci on in the mass executions and execution by shooting iet citizens on the 9 territory of Latvia during the occupation years is p~oven wi absolute accuracy. The whole world knows about the tragedy of the village of Audrinya of Rezekne Uyezd. It was right there that MAYKOVSKIS, join~ly with EIKH~LIS and PUNTULIS acted as an executioner. This entire village was sacked and burned down and its 2 inhabitants, including children, were shot to death. On the oasis of incontestib1e evi e, MAYKO KIS was sentenced to the ma imum n: in Latvia, t very olace ere he had rampaged. However, u.s. rnrnent, wh";ch was notified of person IS re sed to yield !O him. ElKHEL!S his in t \I T P<. certain ' c IM ( IM y l also flea from jus ice. n1s one id not have a less str king crimi p st t n se o were named fore the war, he was tried for hooli nisni. During the peri tne occupation, ne served as deputy chief the mil i ta rmerie a th2n, in the 800th Battalion, i.e. " uca 'rs tional l on personally arrested and executed by shooti dozens peop 1 • a wi his "colleagues" in the banditry trade, also· articipated in mass execut ons. The bloody trail of this executioner leads to France, and from to Fasc st Berlin. and then into the Hitl te , who were Prussia again advancing Sovi SOOSTSOKOV, a even in 5, as communications f i [ s i an on ] travel about the camps of wa pri rs a tri recruit "vo1 nteers ... " d there lS still another black 1i I A former major of the Li nian r: crrrna nded 12th ice 8atta1ion from 1941 to 1 atta·i I . vi 11 a s of '· 1 nia a loru s exec execu ons s Soviet ci ize ar cruel in those cases s exte J ita when 10 the ghetto was being "liquidated". Soon after the war, it was established absolutely precisely that IMPULYAVICHUS had found refuge accross the ocean. A refusal was received in response to the demand of our country for the handing over of the criminal for a just trial against him. It could be possible to continue on this list, because in our country genuine and effective measures for investigating and exposing war criminals were taken. Sometimes, their trails crossed state borders--in the stormy year of 1945, many executioners attempted to hide themselves in the most distant ends of various continents, to disappear, to blend into the mi~lions of persons who had been deprived of their roots by fascism and driven about the world. Would it be easy to dig up those who have been completely enveloped in artificial mimicry. who may have changed documents, citizenship, and habits more than once--in other words, who would have tried to become completely unnoticeable? However, it would be necessary to do this. Moscow, IZVESTIVA in Russian 26 February 1983, p. 3 Article by L. KORNESHOV: Part II-- "In the Name of the Law" The investigation of war criminals has continued for decades. It is being conducted by people who master high profes ional habi and knowledge, people, who excell in their irreconcialibility toward es and sensitivity to people, patriotism, and proletarian internationalism, and their limitless devotion to the Fatherland. Their work is not easy. I asked one of my partners in conversation: 11 How many months did you spend in the investigation of the war criminals OGORODNICHUK, SHPACHUK, and STASIV? 11 This trio rampaged over Volyn, many hundreds of lives that were lost are on their consciences. Not long ago, in 1982, an open trial took place in Volyn Oblast, and each of them received what he deserved according to the sentence of his court. 11 "Do you want to know how many years it took" clarified the Chekist. Yes. in reality, with time the years go by, before the threatening words resound: "Arise! The court is in session!" and the investigation concludes with the sentence: ·"In the Name of the Union of Soviet Socialist Republics ... " In this concrete case, at the trial, 68 witnesses gave testimony. Do you think that it was easy for them to be questioned after 40 years? For this, it was necessary to question thousands of people--long-time residents who could see ... How many exhaustive discussions took place, how many thousands of ki1ometers were traveled from cottage to cottage from Village to vi11age! It is also necessary to add the time of work in the archives, with documents. Also, one should not pass over without mentioning the work of those dozens of organizations and hundreds of peop1e in various ends of the country who had questions levied on them. And still there were dozens of rtises, exhuma- tions of remains--and even the places where the mass executions of peaceful people took place had changed: the earth had smoothed out itswrink1es; on the sites of di and ravines, forests and,orchards had grown. and grain fields were waving. 11 11 We always import lofty connotations to word researcher • But here, also, research took place, only research of a particular type. And those who conducted it had to have thorough knowledge of history, psychology, customs of inhabitants, and an ability to work with archival documents--in other words, it was necessary to know enough that the idea of a broader outlook and extreme capability for work came about by itself. And all of it--this special work--is sed on the support of our corimon state. "What kinds of feeling did you experience when the sentence was pronounced? was it the maximum 11 ? I asked one of my partners in conversation with whom I was discussing the case of BOLKOV and GORBUNOV. 12 1 c.v-1 u These ~xecutioners were tried in 1981 in Vitebsk. An even-tempered guard from Troitsko-Pechorskiy Rayon of the Komi ASSR, and a handsome pensioner from the city of Liozno, Vitebsk Ob1ast, had taken active part during the war years in the punitive actions, in murders. and in the torturing of peaceful citizens. VOLKOV ki11ed with a submachine gun. GORBUNOV preferred a 1ight machine gun ... They thought that the past had already been covered by the shades of time, they had settled down to family life, and were fairly well off, and lived quietly, but in constant fear, but neverthe1ess they were found and were made to answer before the peoples court? "Just imagine the following'', said my fellow conversant, "during the time of the work in investigation, I proved the tragic facts of the bestial murder of children through documents ... In the evening I would come home, and I would be greeted by my children. who are of the same age as those children who were killed ... 11 He thought a whi1e, and abruptly finished his thought. "No, this is not the place to speak about pity., Justice and the law- that is what one has to think about .•• " And then one more of my co-discussants spoke about the same thing: "When they were executing the ghetto inmates by shooting, one little girl, apparently hoping to escape the ki11ers, was given several gold coins by her mother. However, she realized that they were killing anyhow--the deep ditch was already ha1f full of corpses. So the little gi ipped the money there. into 1he ditch. A number of policemen jumped into s common mass grave they fished out the gold pieces from the b1ood ... 11 He told me about the crimes of executioners B.D. SOTSKIY and YA. G. OSTROVSKIY, who were tried in an open court in 1982 in Ternopol, and their sentence was the maximum punishment. When the investigation was completed and.when the approval was obtained from the procurator for their arrest, he arrested one of 13 these murderers person0lly--this C kist, mi ion ca 1 led for him to act in the name of those who had been murdered and tortured by the execu- oner "Was it difficult to find the executioners?" Th·is was one more of my questions to still another partner in conversation. He told me they fJund the executioners MUCHAYEV, G.D., SANGADZHIYEV Kh. B., SANCHIROV, B. B. 1 and NURKAYEV, G. G.~ and how they were tried in an open court process in Eliste at the end of 1982. twas very difficult, answered my fe11ow conversant. Years passed and those who meted out punishment, had already been ridden even of si e witnesses and of evidence. To say nothi g also a t fact that did not utter a peep about their past even to the persons closest to them. And how they cringed and squirmed, confused dates and events ... his MUCHAYEV worked· as a senior economist of the nistration Industry; SANGADZHIYEV worked as an accountan --in a sovkhoz [s farm], whereas NURKEYEV was a sheph They did not pose ves in lea they beha i wives. From document document~ to llS out other deeds of executions, investigations on--mon month~ aay upon day •.• even found wi sses, even those spared by chance when the executioners mowed down everyone the dead spoke out--it was determined where eve s i 1e v m executioner had been hidden in the ground. And, knowing all of this, with great appreciation, looki at the face of my fe 11 ow discussant, I thought how many kinds of waves n sufferings had passed before his eyes. However, there is no sorrow for an outsider~ one i also to1d me about this--he investigated po1icemen who were executioners, who had rampaged in occupied Mirgorod. It was in that very place where they were tried-- in the city, in whose streets they had spill ood ing of 14 the occupation. The executioners were P. v. ISH, A. DEREVYANKO, F. PELIKH, I. MAMCHICH, and N. PETRENKO. These was harsh, as is said in such cases, but absolutel just. These in s loaded corpses of persons who had not been guilty of a ing into antitank ditches five kilometers from Mirgorod. They were re when the ground already overgrown th grass and flowers. was uncove They made them stand again in that horrible ditch in which in r 1941, they fi point blank 8-10 meters away at peop1e, and entire fami1ies--women, o1d persons. and children, had found their last re The dead cannot rise again, but let the news about the harsh retri ion against the killers be woven into the wreathes that are currently 1ying on the fr graves. Here, we are mentioning on1y a of the trials of war criminals. exe- cutioners, who have passed through in rec times. There were more--far, I repeat, none of the criminals should escape re ibution. I wil tell about some of our trials in detail in our pe~. 11, all of them were open, thousands of persons were at , re tives public, press. and the radio and televi on were p sessions were over 1oca1 radio, s e were around 1 t been s a on acent areas. als were given i 11 cases were unmarked mass graves, monuments and obe1isks were the people who were investigating the criminals, along th the public,were concerned that names of the victims would not disappear in eterni unmarked graves ... What kind of measure can be used to measure this work? wi on the highest and most noblest plane, only recognition a1 in the name of the present tions. 15 Of course, eve trial of war criminals ... is a test for the memories of many who experienced the nightmare of war. who, wi their own eyes, had seen the atrocities of the executioners. But this--is also the reminder of the irreversibi1ity of the punishment of those who su1li their 1 i ves with treason and treachery, a warning for the future. I read the sentences passed on these previously mentioned executioners r their deeds, 1ine-by-line. They were written stri 1y, laconically, at times. even impassionately. It is understandable into account on1y the indis tibleevi , only what highest u rsta ing consists of--the truth. And a11 of the sentences were accepted by soci sat is for there is no p1ace nor can a place in our Sovi 1 war cri nal could hi During the days read these I a i ing from dossier from a West-German r. " on what kind __;;;..,;;;_;_~.,._:___:...::...... ;.;.:;..:;:~;_;....::..:.:.;.;...t. of situation occu in a court in sel a trial was going on concerning the murderers danelc "the s do experience any ki of signs 1i of guilt. ki show of is noted. ju r;?fer to them: 'Ladies emen ••• I II the highly biased ses were in var·ious itions. The were lly were on ta A i k i ct: 13 were er s ! t is not y cormii in the d--at least I pe rated by the I i 1 i tary in inian in cases war crimi years World War II is so are war c and who intend to corrmit 16 Our co8ntry always strived for cooperation with the organs of justice of other countries in the investigation and punishment of war criminals. The responsible workers of the USSR Committee for State Security, in the course of the conversations, cited many examp1es of the fact of how the evidentiary materials collected in our country and turned over to the jurists of other countries had helped to disclose criminals. Here is one of them. Gestapo member KINDER directly participated in the execution by shooting of more than 7,500 peaceful Soviet citizens in the cities of Melitopol, Simferopol, Mariupole, and Taganrog, and a number of villages Zaporozhye Oblast. He was one of the executioners of the ill- komrnando lOA and rsonal1y ki1led at least rsons. He also partici in ex nation of 214 children of the orphanage in ci of Yeysk. i found the tra of this executioner, irrespective of how a hi his tracks. K wa arrested and s re Distric Court rx- At court tri a 1, tnesses from iet Un on were proved KI 's guilt conclusively, nd ioner maximum is such c socia1 st countries treat wi mes a inst human i i ri nism. ring rs sti tion juri i ir complexi , evidentia ma ri ls were t ove on ess zis served int puni ive rmations zi rma , in ion c s, in iet prisoner- r camps. or who directly rtici s deeds. There is no use of in noting how much it Chekists to accumulate and document the indi tib evi on each war cri na 1 l How were they used, and whom were they given to? y is question does not always cause satisfaction. re, it is better 17 refer to some numbers, use they impassiona y ize that is seldom mentioned aloud in ie . In 1 1 • evidenti materials on 140 war criminals were turned over to organs justice United States. ble sons have i d us$ a i of the American courts to U.S. ing ir service in punitive o of F SC s c crimes was only re to seven is means, t 1 ea .,,, ~, seven of executioners would s Jee- 1.-e1J" puni a 1 s for the cri na1 liabi1i these acts is not by '\ slation of the Uni s. In words, t se cases were divi into two ges: at first- decision on depriva on ti ip or right to residence in the United States. and a1rea ssi bl question deportation in the immi ·ion court. The ~.merican Themis turned out not only to have a bli d on but also an ly bia sona1i Is •!,. reason then, why war cri nals d continue to 11 not be can l time ssa Ob last l i on the mass s i ·i nationali commi by H ' ice so-call i l1 1 1- 942. were brought outskirt one of Odessa in groups 500 persons and were i y There is SS st i that on s e- ment, a total of no 1ess than to them? Here are some the names R. A. V. RELICH, F. FRANK, L • p. E. lFER • 1 of the needed materials to expose these minals were over to organs of justice of the fRG. No report on their realization has come 18 to date. The thoughts come to mind of themselves concerning the harboring of war criminals, concerning the unwillingness to carry out one's duties, those obligations that are incumbent upon the profession of a jurist, for a servant of justice ... They told me about the fact that Soviet jurists have provided and are providing all-around assistance to their foreign colleagues in the investi- gation of war crimina1s, and in estab1ishing degree of their guilt. This assistance includes investigation and the transmitting of various types of documents that cou1d be evidence in the study of ific criminal cases, and also captured documents, in particular, those such as the fascist orders for the extermination of peop1e, for conducting punitive operations, and other documents. Materia1s are a1so sent that were made cases of the crimes of Hitlerites and their cohorts that have investi and studied in the USSR, and in case of , witness examinations are conducted, inspections of the scenes of the crimes and ons are • and expertise is provided--all of s is 1i th ty wi standards of international law in if specific circumstances it, are nations, to examine the scenes the er s ( ons i to familiarize themselves wi the discl documents in the a ves, to make copies of them. Soviet citizens have so 1 to ide withness testimony at a1s of cases na1s. Otherwi ~ in this article~ it is hardly possible to 1ist a11 of forms of such legal assistance---they are of so many varieties. I can only say that there is not a single question of this type that not get consideration, and the quality, if it is possible to express it in this , of the done is always with the greatest care and of highest quality. Well, also questions and requests require intense work of dozens and hundreds speci i 19 Humble people are engaged in this work in our country, and their names, as a rule, are not found on the pages of the newspapers. even when the results of their personal work are reported. These people have a high sense of duty, they are the sentries of Justice. They conduct the investigation of war criminals with iron--this word accurately reflects the essence--persis~nce and inflexibility. In this work, there exists, neither for them nor for us, statutes of limitations. The nationality of the criminal, his sex and age, his p1ace of residence, etc. have no meaning, for it is Truth and Justice above an~- committed crimes would not escape For c~ndment: No one is " 20 ~~[Q)QJJ AMERICANS AGAINST DEFAMATION of UKRAINIANS, Inc .. P.O.BOX 2142 JENKINTOWN, PA. 19046 October 13,1983 For further information contact: Alexandra Shwed, Co-President 215-549-1835 Group I - SOVIET PROPAGANDA re: Alleged Nazi Collaboration Exhibit A 1. "Izvestia" - The Highest Measure of Justice, Feb. 25,1983 a) It is stated clearly that the Committee for State Security of the U.S. S .R. (KGB) searches out ~:Nazi war criminals". "In our country, the search for war criminals, the exposure of the crimes of fascism, is carried out by the state, its organs of justice .. ! 1 b) The author states, "The motto of those who search for former Nazis, traitors, ... is the defense of the interests of our state and justice .. , " Can we allow the interests of the Soviet state to dictate to us, by supplying us with KGB hand~picked Soviet witnesses against naturalized American citizens? c) "Yes in the search for war criminals? traitors to the Homeland. , • ,,, .... The U. S, gover:n.ment should ask its elf, "Are the Soviets truly searching for Nazi collaborators or are they looking to punish those who so avid ly fought against Russian communism during WWII and still continue to do s~ in the U.S. d) 11 We have great respect for those noble and honest people in the West ... disclose the pasts of those (who) -·changed biographies, family names, appearances ... "Why is it that not one of the naturalized Americans of Ukrainian descent (Osidach, Derkach, Fedorenko, Kowalchuk, Demjanjuk, Koziy), who have either been denaturalized or are facing denaturali zation or deportation have not changed their biographies, family names or appearances. On the contrary, in at least one case (Serge Kowalchuk) the defendant named his son after him. Exhibit B 11 2. "News from Ukraine - Punishment Will Come, Sept. 1977, #39 (English language Soviet publication distributed only outside the Soviet Union) Re: John Demjanjuk This article was published after Michael Hanusiak, editor of the pro-Soviet Ukrainian Daily (identified by the atty. gen. in the 1950's as a Communist news paper) published an article in 1975 labelling John Demjanjuk as a Nazi collaborator The article states that Demjanjuk served as an SS guard and escorted the Jews to th gas chambers. It is interesting to note that according to a half forgotten 1945 Nuremberg document #3311 - PS,which was introduced at the postwar International Military Tribu.Yial by the U.S. prosecution, Jews a.t Treblinka were not killed by gassing but rather with steam. There is absolutely no mention of a diesel engine, which Demjanjuk was accused of having operated, nor a.~y kind of gassing apparatus. Mr. Demjanjuk has been denaturalized. SOVIET PROPAGANDA Page 2 Exhibit C 3. 1'.News from lJkraine" - Last tango in their life, #26 ,1983 Re: Serge Kowalch1L~ This article labels both Kowalchuk brothers as 11Nazi collaborators." The Soviets evidently unhappy that the U.S. court had not yet handed down a decision, at that time,in reference to Serge Kowalchuk, published this article. The case against Serge Kowalchuk was initiated after the U.S. Justice Department was alerted by a 1963 Soviet publication called "Trud", which is the (unofficial) organ of the KGB. This article was later picked up by the N.Y Times and publi shed. The Soviets also labelled the younger brother, Mykola Kowalchuk, as a "Nazi collaborator11 but the case against him was dismissed after the Soviets could not locate a document which they had previously published in one of their Soviet publications.On July 1,1983, Judge Fullam handed down his Opinion and Order, "unlike virtually every other reported denaturalization case, there is in this case not one scrap of documentary evidence relating to the pertinent events. The factfinder is relegated entirely to the testimony of witnesses, uncorroborated by any documentary evidence •.. For example, none of the Government's witnes- ses against the defendant is on record with any charges against the defendant until 1975 or 1976 ... It is extremely difficult to .rach a confident conclusion, on the basis of witnesses demeanor, concerning the accuracy and reliability of testimony presented on videotape through an interpreter ... Both the Soviet Union and the western allies compiled extensive lists of persons suspected of war crimes; the defendant's name has never appeared on any such list ... 11 Mr. Kowalchuk was found guilty of misrepresentation. Exhibit D 4. "News from Ukraine" - Nazi butcher lives in the U.S.A. , No. 14,1983 Re: Bohdan Koziy This article demands the extradition of Bohdan Koziy to the Soviet Union, so that he could be tried there. There is also criticism here of the U.S. govern ment for doing nothing to Koziy but stripping him of his U.S. citizenship. It is quite possible that the Soviets want Koziy because he was a sympathizer of the OUN (Organization ofUkrainian Nationalists) which fought against not only the Nazis but also against the Russian communists. Exhibit E 11 5. "Radyanska Ukrayina - U.S. , West Accused of Tolerating 'War Criminals' , July 30,1982, p.3 (published in Kiev, Soviet Ukraine, in the Ukrainian language) This article attacks the U.S. government for not punishing "Nazi collabora tors" and names Yaroslaw Stetsko, Mstyslav Skrypnyk (Head of the Ukrainian Orthodox Church) and the late Constantin Varvariw (a diplomat for the U.S. State Dept.- who died last year of lead, mercury and arsenic poisoning) of Nazi collaboration. Exhibjt F 6. "News from Ukraine" - Sacrilege, #22, 1982 This article attacks Mr. Ivan Stebelsky, who is actively involved in the erec tion of the Babyn Yar Monument in Denver,Colorodo,of being a Nazi collaborator. SOVIET PROPAGANDA Page 3 It is evident from this article that the Soviets are angered by the fact that the Jewish and Ukrainian communities of Denver,Colorodo are working together. Exhibit G 7. "News from Ukraine" - When Cain Shed Tears, #51, 1981 Again the Ukrainian and ,Jewish communities are attacked for working together on the Babyn Yar monument.The Svoboda, the N.J. based Ukrainian Daily, together with other American-Ukrainians are also labelled as "Nazi collaborators." The Soviet government cannot allow the Ukrainian and Jewish communities to work together and it is therefore necessary that they publish these articles trying to convince the Jewish communities that all Ukrainians are anti-semites. Exhibit H 11 8. "News from Ukraine - Heirs of Jan'-ls The Philadelphia based Ukrainian Catholic Daily, The America is labelled by the author as a newspaper published by Nazi sympathizers and collabo rators. Again Mr. Ivan Stebelsky is mentioned in this piece as a "Nazi collaborator".American-Ukrainian organizations are also mentioned in this article and labelled as "fascists",(eg, OUN - Org. of Ukrainian Nationalists, and the Ukrainian Congress Committee of America.) Exhibit I 11 9. "News from Ukraine - The Stand They Choose, #35, 1982 Ukrainian nationalism is labelled here as a "loyal servant of fascism," and again tries to discredit the cooperation between the Ukrainian and Jewish communities in the erection of the Babyn Y~r Monu..ment. NQ::_Exhi bit 10. "Zhovten" (October) - Quiet Immigrants, #9, 1982 (Soviet Magazine) V. Antonenko, the prosecutor of the Lvi v region in ~)oviet Ukraine, writes, "We handed many materials that incontrovertibly witness about the guilt of B.I. Koziy and M.B. Derkach to the American prosecutors ... We worked with this group of prosecutors in full contact, having no misu...~derstandings. Everything was made in full accord. They departed from our country with gratitude ... " Our U.S. prosecutors not only didn't question KGB tactics, but on the contrary helped to legalize them. Everyone who is acquainted with the Soviet judicial system knows how the KGB prepares witnesses. Let me quote an excerpt from the memoirs of a Soviet political prisoner, Oksana Meshko, 11 Between Death and Life," (New York-Toronto-London-Sydney, 1981, pp.94-95);"It is a KGB officer's hunt, ... to fabricate a case against a human being who by now is already held behind bars. Interrogations of those bagged witnesses are not always recorded by the interro gators; most of the time discussions are "dry run" and intended only to tire out the interrogee. They look for weak points of a person ... The KGB is all powerful ... " This was the testimony that was given at this particular deposition, "One spring day in 19~3, I was with my friends near the school. We saw the policeman Koziy and three men with him leading along the street the family of Berdholtz, three in number. . • I remember well that Koziy and the other policemen shot the whole family." We should ask ourselves, "Why did the Soviet witness remember only Koziy and couldn't remember the other three?" Page 4 Group II -AMERICAN PUBLICATIONS re: Alleged Nazi Collaboration Exhibit J l. "The Bulletin" - Why Did Scviets Cooperate, April 20,1981, by Roman Cybriwsky Exhibit K 11 2. "Philadelphia Inquirer .. The Curtain Never Falls, January 19,1982, by Dorothy Storck Exhibit L ·3, "Philadelphia Inquirer" - KGB is getting use out of Nazi hunting, May 29,1983, by Warren Rogers Exhibit M 4. "The Ukrainian Weekly" .,.. Soviet Trials in U. S _ courts, Fe"oruary 15 ,1981 (Editorial) Exhibit N 5 "The Ukrainian Weekly" - Nazi war criminals: time for truth to emerg:, July 31,1983, by Lydia Demjanjuk ·- Exhibit "A" ·IZVESTIA· February 25, 1983 Page 3 THE HIGHEST MEASURE OF JUSTICE 1) Without a statute of limitation. In the life of mankind, the past of every nation is always inter woven into the present and the future. Often, this is a joyful merging of times, unity for a cause, to which many g~nerations have devoted themselves. Sometimes, however, the past, because of its pain, does not allow itself to be forgotten. Those persons who were shot and tortured by fascism cannot make their executioners answer for their crimes - they sleep an eternal sleep. We, the living, must do this ••• The Committee for State Security of the USSR (KGB) paid great attention to the request from our editors to speak to them about that work, ~hich is being carried on in searching out war crimi nals, individuals who during war time committed bloody crimes. It is definitely necessary to tell \you} at the outset, why we specifically addressed the KGB with such a request. In our country, the search for war criminals, the ·exposure of the crimes of fascism, is carried out by the state, its or ans of ust1ce op ra ing wi_~-~e- e p o t e en~ire nation. About this was our conversation with responsible employees of the USSR's KGB. I was provided with the opportunity to acquaint myself with documents, have detailed talks with the employees, who from day to day, from year to year, engage in this work which is so hard, but so necessary for the good of humanity. I would want to name their names very much, but for completely understan dable reasons it would not be expedient to do so. The search for war criminals continues and will continue while there is even one of them left on earth. So told me those with whom I was con versing and one cannot doubt that that is the way it is and that is the way it will be. And the conversation was not about vengeance, because our nation never and in relation to no one was ever led by a feeling of vengeance. The motto of those who search for former Nazis, traitors, persons who committed war crimes, is - the defense of the interests of our state and justice.. These interests of the state dictate all of the in depth, tense and complicated work in the search for war crimi nals. Already in the first days of its creation, the party and V.I. Lenin so laconically and accurately defined the task of the organs of state security - to be a shield and sword of the revo lution. This shield is now in the hands of the heirs of the glorious traditions of the Chekists and F.E. Dzerzhinsky. And they ward off not only the blows from the past, but also defend our present and future. Our conversations with very knowledgeable, competent people lasted many hours. At first I was surprised: the executioners were named from memory, the crimes committed by them were described in such detail: this can be remembered and retained in the memories only of those who have an attitute of extreme responsibility towards their work and see in it their supreme duty to the nation. Later, my amazement changed to a feeling of gratitude. I began to understand how unimaginably complicated this is - to go back into the past, search out the criminal and prove his guilt. Of course, all of the organs of justice in our country par ticipate in one way or another in the punishment of war crimi nals. When the criminal is found - retribution follows which is absolutely in accordance with the law. And I wanted to compare the work of the person I was conversing with with the honorable work of a surgeon - he is compelled to cut out a tumor with his scalpel in order to save a life. (Omitted) Yes, in the search for war criminals, traitors to the Homeland, a third generation already participates, if you count from the vic torious 45-th generation. Entirely young people have taken on the fight against evil from the hands of their grandparents, they already belong to new times, but hatred towards the killers among them is still very sharp. (Omitted) We have great respect for those noble and honest people in the. West, who with great effort and personal risk, neglecting danger, disclose the pasts of those (who) - changed biographies, family names, appearances. Conscience, memories compel us to do that which the justice organs of many other countries do not. (Omitted) L. Korneshov (To be continued) ~IZVESTIA" February 26, 1933 Page 3 THE HIGHEST MEASURE OF JUSTICE 2> In the name of the law. (Omitted) During the years of searching, foreign jurists were given eviden tiary material in all of its complexity concerning no less than 70,000 Nazis, who served in different punitive formations of Nazi Germany, concentration camps, soviet prisoner of war camps or personally took part in these evil crimes. It is hardly worth mentioning again how much effort was needed by the Chekists in order to assemble undeniable evidence about each criminal! How was this evidence used by those to whom it was transmitted? The answer to this question is not always satisfactory. Perhaps it is better to resort to figures because they underline facts which are rarely talked about in other countries. During the ears 1976 - 1981, the or ans of ·ustice o~ the USA were given evidentiary material concerning 140 war cr1m1na s. As we ave heard from well-informed sources, decisions were made by the American courts only in connection with seven of them by strip ping them of their citizenship. The reason was that they con cealed the truth about their committed crimes in punitive organs of Fascist Germany when they entered that country. Does that mean that at least seven executioners were punished? Not at all, because the legal system of the US does not have criminal respon sibility for such deeds. That means that these cases were divided into two stages: first - they were denaturalized and denied that right to live in the USA, and then - possibly - the question of deportation in the immigration court. The American Femida proved to be not only blindfolded, but tied up and clumsy. Is it not because of that that many of the war criminals abroad still hope that they will not be taken to account for their doings? (Omitted} L. Korneshov -i Exhibit "B" ,; DlffNDANT'S ______l IXH181T NEWS FROM UKRAINE, Mo. 39, 1977 ~ ..r ;,~~!~~~ENT WILL co~ r ~~,,~THI According to American press, the Departmenf of Justice of the Uni1ed States Ibrought up a criminal case against war criminal Ivan Demyanluk, who after the war found refuge in the city of Cleveland and avoided just punishmenf for his ~ ~ 'SOVIET I murderous services which he obligingly offered to the Hazls. . captured by the Soviet Army, there is ~ ~/~WAY a "Certificate No. 1393" which was issued by Trawniki training camp in Poland to Ivan Demyaniuk, born in 1920, bearing his photograph and cer tifying that Ivan Demyaniuk as from September 22, 1942, was engaged in active duty at the town of Oktsow and then, starting from March 1943, at the r death camp of Sobibcr in Poland. ,,,,.-..... t-- LZ His "colleague" H. Danylchenko said at t-- 00 LO Cl> the preliminMy inquest: "I first met and °'~<< got acquainted with Ivan Demyaniuk in c.o r.i. ~ (,) March 1943 at the death camp Sobibor ~ u.J > ·::i (Poland) where he served as an SS ....._.. =:E '5= guard. He was wearing SS unifortn and u.J -c.•;:;i was armed accordingly. OJ I-c. u.J "Demyaniuk, as an SS guard took part C0 c.n in mass extermination of Jews at the!' Sobibor death camp, watched them to~ prevent their escape and escorted them z; to gas chambers. "In spring 1,44, Ivan Demyaniulc and When Nazi Germany treacherously I were sent to Flossenburg and then to invaded the Soviet Union, Ivan De Regensburg (Germany) where again he myaniuk, the native of the village of was a guard at the concentration camps IDubovi Makharintsi in Kozyatin Distrid, for So1iiet prisoners and people of Yinnitsya Region, deserted to the other nationalities and escorted them to enemy and betrayed his Motherland. places where they were forced to Incidentally, the traitor's father Mykola work." Demyaniuk also chose the path o( treachery and served as a policeman To the last days of the war, Ivan during the Nazi occupation. Demyaniuk served Nazis, and, after they Having voluntarily yielded himself were totally routed, fled overseas. At prisoner, Demyaniuk Jr found himself in present, residents of the town of Parma a camp, but not in a concentration camp in the United States know Mr. 0.mya for Soviet prisoners of war. He was niuk as an ordin41ry auto inspector. But sent to a camp where Nazis trained they probably don't know when they commandos for SS forces and security meet him that they shake hands with police. Among German documents e murderer. E These Nazi documents exposing the war- criminal never appeared in press before. a ill• Exhibit "C" r NEWS FROM·UKRAINE, No. 26, 1983 ! -·h. MISHUHA (HIS PSEUDONYM~=W'AS P1· r"' ____ ·------. VERY WELL l(NOWN IN THE HISTORY,O~W(JllLD Settling I . '; . •~- ~ Tlie 130lh ANNIVERS~ Ot_!ilS~ thift91 1ttolglat - '. •• 'f In Issue No. 25, ;we': began a series 'of articles about nad war 'cr1- • no Ukr &lnlan 1nlnals, Ukrainian bouqre1>ls nutionallsts,' ·who have so fa.r · ut be alwaya I land and pco- ;· .:-~ I avoided punishment by" fln'dfng shdter In the U.S. and othu · ~... Western countries, Bl!fow h ~~ ~«"ond ar·tklc in this scrl~·.. , 1 aa w•ll·known 1 •Ines. patrtl)t In rcvolutlo ui al•o as a ~ Last tarigo -i~ their lite • lo alnglng. He solo voice at uslcal·Dramatic SONGS ARE BORN AND DIE. FEW OF THEM ARE DESTINED TO OlJT. breaklnic an LIVE THEIR CONTEMPORARIES AND LlNliSll ON IN PEOPLE'S MEMORY. -ltd O.\y1Hf & AS A GROTESQUE CHALLENGE TO EVERYTHING LIVING. AS A RELENT· for lorfeil. H~ LESS AGONY, THE TANGO OF DEATH WAS llOll.N AN!J DIED TOGETHE~ arn rn11ch lt$S. WlTH tTS PERfOJU>\ERS. .,, • · . hi.a contrltiu ·Ui m=lody ~comp.a.n:·~:i. ihovs.4;td5: bcyinnin-g from 19'41 w~n he vclu,, ... t of his native of inmaf.a'l of the Y a'liv,ky concootra l~rilf joined tht'I nozl pollcC'. forco~ · d· he wanted tlon c.a·mp in Lviv io their d•ath. ·.in s~l' wifneu Borys Tr•k11tonber~ ,.. ' o, the fonn~«r I, November 190, lo the l"'1go'1 ladln9 ualc. . l ""*lody, SS-men shot, one hy ooo, bfl "By Kow~i ;: L .i l ~xhibit MtiW~ FROM UKU!M£, Mo. n, OU -o .... P"9• l e On March 9 we ob$erve the 169th anniversary of the birth ot the g:reat Ukrainian poet. revoiuthmary democrat Taras Shcvchenko1 whose works ~Ukraine and l'ef'e tran.sfated Into different languagq of the world. As a matter of fact, most tnnstatlons dealt with his poetry, however, his prose. written in Russian, also ~the world drew the attention of many translators~ including those from English-sp~ak~ inf c:ountrtes. • The vlllagcr.s of Lys~ts, lvano-F'ranklvsk Region, decided ai their meeting to demand from the American -authoritie.$ the extradition of SHEVCHENKO'S PROSE IN ENGLISH Bohdan Koziy, the nazi who commited crimes against civilians during t~ tasclst occupation of the Ukraine and ls presently hiding in the U.S. Shevchenko's prose. his stories, "Dfary .. to the descr:pt:on of Shevchenko's Today, the le-..·e1 of translat:on has Thi'$ was reported by the newspaper Radya.nska Ukratna on March 21 and autob~oguphy are not only of Ue a.!1d 'that of noted personalities increa.sed so much that !t is time to 1983. Here Is the story by Vasyl Shlyakhtych. grea1 artist:c importance, but are of n:s time~ poet Vasily Zhukovsky. speak not only about the presentation also a sour-<:e -0f s!udy:ng Shevchen ar::sts K>arl Bryulov, Ivan Soshenko of the general contem: of a work and ko's sociopolit:cal and esthett~ view_s ac:J others. its :deas, but :iis.o some m'.croimag-es. specJic fea~ures of syn-tax, the author's as a thinker, his great creative or:i H '.s but natural that Soviet pubEsh ginal:ty. creative researches ~nd h:.s k:i :touses play the most import.ant 1 Razloufoner- lives in the USA milleu. Shevchenko's works wntten :a ~~~~rsw~~ ~e ~~d!n ~:fo/~f~t;::st ro~"¢ ~n tr-anst.at!ng Shevc.ienko':s prose Russian are very dos-e to hls poe~ic: l.::!-o EngEsh. Taras Shevchenko's se ing dis.cover:e:>. Translators of Shev- The small qu:et v:Hage of Lysets in fn 1943, Koziy along with Hitleri- works, written in Ukrainian. as they P:ecarpathla. T.he memory of ~ts 3 0 are imbued w:th revotut:onary-de- le-.:ted works, publ:shed in English in Ehne;l~~s ~~r~~k~~na,~d ~:n~i~:Jf~~ .'-bscow, 1964. and edited by John elderly and m:ddle-.aged inhat7i1ants ~en5d t~~n~~~~fef i~ceth:npolk~e~\~~ 5 of th~ p0et's <'?Odl as com:ionenls d 4 '""°~~;. contain We;r's prose transJ4t:on vdll for eve: retain terrible ok!u t:::m a big family vi eight._,. the naE-0nal ,md i:Jitural conter1~. :rld~~~ i~eaa lt ~~d -w::fJ:7~~n pv~~ ~ Shevchenk:>'s three works: the sto~ res of t:he f.asc~st ,~nvas'.on and the Kandlers - who were hiding in comes out -a.s the great bard o[ L~e ry "The Antlst"~ excerpts from the crimes committed by Hitlerite-s and the viHage. When one of the boys. people, s;nger their Sometimes real\tles are introduced by Ukrain:an a or ·o:ary", and 01 Autoblography" (in the their loyal servants - Ukrainian Bernard, jumped out of the truck dest:ny and spokesman of their co-mb:ned means: transcr:p-tion with a f:rst e1Eting). descript:ve per"phrasis. This is one of bourgeois nationalists. and tried to escape. it was Koziy dreams and aspirat:ons. I:! 197"9, "Prog,ress" Publishers in ~he most eific:~nt means of present· It was ,then that Bohdan Koziy vo .. who chased and killed him. Shevc.'1enko's prose was rendered into MJscow :ssued a cotle-:tion of Shev· lng a reality, :!~though it needs more tun~eered ior the so-called German He did not spare the life of ano- EngHsh for the ilrst time in 1919. Ce::ko's works .. poetry and prose, words. Thus. tra,nslator Mairy Skryp· Lkra!nian police. This obedient The English man of letters Percy Paul wb:i:!l included ex-cerpts from -the nyk reproduced the reality "<:humiky" Hitlerite lackey was prominent ~~:r a~k~ L~~ybo;~a~~e:iy ~-0~"k Seiver (1888-1970) translated Taras '"D'..lry .. and "The ArEst", rep.::nted with the transcr'..ptlon "choomaKs .. among other traitors not just for him to the cemetery and shot him Shevchenko's "Autob:ography". This from the publication or 1964. and the descr:;:itive per'.phras'.s "o:<· his foppery but also for the quali 4 there. translat'.~m became part of the An:t°"' carit drivers''. A transcr:bed word ty so 1;aluable to fascists - ruth· The cemetery was the main "work Wgy of Modem Slaoonic Literature Su.ch is the e:ontr:bution of translators shows the foreign origin of the word, Jessness toward civilians. place" of the zealous paHceman in Prose and Verse~ compiled by Jnito English of Shevchenko's prose. and a descr:pn'-""e peri.phras!s expla:ns Koziy !;Jyafly served the swastika, 5 P. P. Seiver and pubEshed in Lon· Sot many of his works have been the content 01 a reality. helped H:.Uerites eXb'.ograP'h~ca1 re wrath toward tsarism and h.atred for In the autumn of !he same ye1r these afrcdties. min~sceaces in Due to the fJ.~::~taking \VOrk of transw Koz.:y personally d:sco\'ered the o-i his c;!l;ldhood, sp-ent s!:l?id army drills. The style of the Af that Hme KotiY managed fo -ge1 his native ....:Hage. ..D.ary" has also been preserved :n lators. sem:?r.!k Jnd stylist:c functi:)ns '.1ideaw2y of 13-year·old Lyusya of many prcve:':;s and some Old Sla Ros:ner a: ?ZGiO!~AL U.S., WEST ACCUSED OF TOLERATI~G 'WAR CRIMINAI.S' Kiev ?_i\DYA::.s 'KA TJZ2AYE·:A in Ukrainian 30 Jul 82 p 3 LArticle by 11. Styrkul: "Statue of Liberty be fore the Crematory?.'.,!.? 8xcerpt7 :r.e I:azi helper .an-d crimfnal Ya.- Stets'ko was honored '.'Ji th ~ a~ audiencs in the Congress of the United States, and President ~eaga This sp~ins a for~er official at the Department of-Special !nvesti gaticns, ~.3~ ~epartnent of Justice, D. Loftas, appeared on an A=.e=ican t~levision program. He stated that war criminals from ::':.iro~e ·l:e=::. brought in by United States intelligence services. :n:en la'.•:yers e: A::;e~::-:i c:-i:linal patrons had become so brazen that they stuck :~1a-fila~ ~e~ber of :penal torture operations against .Soviet peopl~ i:!l--t-::-e--3t.'.l":. !' _epart:::i:?::t, ::lnd sent hir.: to a conference j_n the ti.SS? e..~ a :iern1t:: :::,s. representative at iJ~"ZSCC a fe1•1 years back. Here, cf co~J.rse, :-ie was :-ecognized as a youth in Gestapo uniform from the ;ovno Geb~tskooisariat fj'istrict com.~isaria.t?.and so this survivor had to !'le0. 77 .. ·• A \ In the United States, Great ~ritain, Canada, Ger~any a~d so~e other capitalist countries cri!:'tinals put tocether their "brotherhoods", ''associ3ti0ns", publish !>ape rs, ma;;azines and z:ie::ioirs, save dear to their h~arts fascist crosses and :r.edals, conduct corruptive work . a::iong the local population and_· especially among t!:e ycu!'lg people. They are "invisible" only to some capitalist act.iv:.sts bli::d.ed 'oy anti-co~munism and an anti-Soviet stand who assume the than.'.<:.J..ess role of Nazi criminal defenders. Such politics by forcer allies of the anti-P.itler coalition cannot be considered strictly internal affairs of those countries since they are a violation of internatior.al agreements, contrary to which Nazi criminals are incor.:~etently released from a just punishment, and, in fact, fascist survivors are encouraged towards new crimes, inciting the ~ost reactionary forces against peace and the basic human right -- the right to live. 0443 CSO: 1811 /65 78 Exhibit .. F"' ~Ali It I Lt lit !'l:EWS FROM UKRAINE, l'o 22, 1982 One's heart shudders at the words "Babyn Yar" wh1cn have the connota tion of over 100,000 Innocent victims: w<>men, children, the aged whose r bodies filled the ravines In l(lev's former suburb. These people were kllled In the fall of 1941, right after the capital city of Soviet Ukraine I was invaded by the nazl troops. In that horrific autumn thousands descent who of doomed people, flanked by Ger man soldiers and the local polizei - traitors of their nation, - were herded to the city's outskirJ. Then, near Babyn Yar, big groups of people were separated from the F. Fedorenko m M1am1 were columns and driven to the ravines. ~ Babyn Yar became one of the No less important was, perhaps, most terrible places where Hitler's the fact that such an odious person pl '/ j 1 As to the Zionists' cooperation I . with former war criminals in the j I project "Babyn Yar", di testifies i I to the cynicism and dubious mo ral principles of hoth of them. I Vll Setting ONS thlng1 1t1alght in that same year in it. Immediately 1.Pharmacological 1ufacture. With a HEIRS OF JANUS ;ibility I can say rnade by Soviet The ancient god Janus has been traditionally associated with hypocricy :han the one pro- and treachery. He had two faces: one beguiling the other. However It seems that few people have heard about the modern chal f good for "tran· lenger ~f that ancient turncoat. Here it is: the America newspaper is applicable in published by several gentlemen In Philadelphia, American subjects and Once, I turned to Ukrainians by birth. These gentlemen can pretty well replace the outdated :rrible toothache. Janus, because their paper puts on as many as three different faces. rny gums with a !d in some liquid. Let the reader judge by himself Washington. President Reagan and Uy. When I asked what kind -0f the first face they Congressmen greet Ukrainians on ! was, I was sur have. the anniversary of Ukrainian inde ras nothing other pendence." In this case, by "inde· America is published in the USA pendence" the paper means an an· by nazi sympathizers and co\Jabo· tipopular plot in the Ukrai e compound could rationists. Its pages constantly ne staged in January, 1918. And by iC, too. Hence, it advertise the activities of various saying "Ukrainians", America . a pain-killer. groups which unite the "veterans" means a faction of nationalist poli· of the SS Division Galizien. That ticos who call themselves the Uk doesn't cause division was formed on Hitler's or rainian Congress Committee of hat is why it can der in 1943 and among other America. The UCCA is controlled 1g serious traumas "feats of valor" was notorious for by the OUN and is constantly :ausing inflamma its punitive actions against civilians glorified by America. However, :hronic processes. and manhunt of partisans in Po genuine Ukrainians, or Ukrainian land, Czechoslovakia and Yugosla Americans of whom there are more : cases when drugs via. Along with these SS groups than one million in the USA, res· during the course the newspaper also extolls the for· pect their national dignity and lescence. But after mer cutthroats from the so-called shy away from the OUNite im e antibiotics seem Ukrainian Insurgent Army which postors. iginal effect. was none other than a terrorist gang serving those same nazis, Reality has put the OUNile "stra· limexide produced but disguised as an "independent tegists" face to the wall. They ical-Pharmacologi liberation force". Both criminal are confronted by hard facts of nall. But it is only gangs were formed by the nazis their collaboration with fascism. year at a meeting on the basis of the Organization They have earned the just hatred tries it was deci· of Ukrainian Nationalists, OUN. of thousands upon thousands of · !t Union increase witnesses of the gory crimes, . dimexide, a dru~ America's second face beguiles the :imong them Ukrainians, Byelorus ions. -t- first one. This mask is put on when sians, Poles, Slovaks, Croatians the . newspaper starts to "defend" . and Jews, relatives and friends of the principles of "humanism and those innocent victims who the justice" in the United States from nationalists had brutally put to the Department of Justice and death. Who would be on their side, ."those brazen Jews". except the ghost of Himmler? Perhaps, covert services of certain At present, several court trials al Western countries which once hel· those involved in the nazi genocide ped the criminals to disguise them· .of Jews on the occupied territories selves as political refugees and to during WWII are going on in the escape a just punishment. But United States. In the dock there are these, too, are not very enthusiastic . also people of Ukrainian ex to tarnish their image by corning traction, either OUN members or . to help the hard-core criminals. their supporters. This· explains why America's publishers (like their colleagues from other nationalist ·As a result, America indulges \n . publications) have started to ac publishing embellishing articles .l cuse the U.S. justice of partiality, about the "respect" of American at· dishonesty and political untrust· · ficials .toward the nationalists. Ame worthiness, trying at the same time rica claims that the legislators .and '!' to whitewash at any cost their own special assistant to the President, terrorist kin. To divert the atten· Jack Burgess,. who w11re ·present tion of the American public and · at the ·nationalist cocktail, spoke judiciary authorities from the cut enthusiastically about their appre throats of Reichsfuhrer Himmler's ciation of the OUN representation, killing units, the OUNites recently the UCCA. Then, the newspaper came out with the following anti claims that such busy people as Sernitic precept: allegedly, Jews the presidential assistant and his themselves were guilty of the geno· staff were only too glad to spend cide during WWII. This "wise" idea their precious time hobnobbing belon~s to lYfilLSle_!)_~ con· with the nazi collaborators. Further >rod-Siversky Dlst on, completely losing sense of rea )ir group, women's firmed "friend" ofme U.S. Jewish community. Well, the Philadelphia lity, the Philadelphian scribblers group, a group of claim that what the U.S. Jegisla· ! local library. The based nationalist paper sides with him. tors wanted was to name the na· ssions, parties and tiona lists their brothers. Finally, the third face of America winner of the "So· is sweet as honey, for it is turned to powers-that-be. This has a res Such face juggling is performed by it: a driver of the America's masters not for sheer liennady, Ivan and ponsible task: to list U.S. legisla· tors-congressmen and senators, as amusement. Without giving up iubt, the lessons of their nazi beliefs and precepts of In acquiring their well as President Reagan himself - among supporters and friends of Hitlerisrn, they are trying to justify the OUN, as well as to propagate themselves and to present the na the solidarity of these officials tionalists as democrats :ind freedom with nationalist slogans and acti· fighters. In doing so, they want to vities. Here is but one example. protect themselves by the names of high-ranking officials, thus get- On February 2, America carried an ting defense and support from the article under a bombastic headline; U.S .. authorities. "Celebrations of the anniversary of Ukrainian state independence ;n BORYS RYABCHUI( inc a1Anu 1nt1 ~nuu~t HEWS FROM UKRAINE, Ho. 3.S, 1982 Exhibit "I' In their attempu to dive-rt the attention of the public In the countries of residence from their criminal past, the Ukrainian bourgeois nationalists are trying hard to prove their being not implicated In the crimes perpetrated by Hltlerltes during WWII. But historical documents, the archives of the Third Reich and the nationalist publications of those days testify to the fact that Ukrainian nationalism was a loyal servant of fascism and a sworn enemy of mankind. After all, map is supposed to take a the naz·is was also duly assessed. The definite stand in life. As a matter of USSR and European countries had fact, it ought to be so. just healed the wounds inflicted by The point is, though, what this stand war. And all of a sudden, in the USA is like. It so happens sometimes that and Canada there started a campaign people may cry and say: "You'd belier of "bruderschaft" of Ukrainian nalf.io !r a gardener nor drive a nail in your coffin than take nalisls with Jews. How come? What :ft a good memory this stand." was behind all that farce? Had those my, over the Sula hard-core anti-Semitic "liberators of an orchard planted This phrase was often referred to the Mother-Ukraine" realized what as well as the house Hitler as well as to OUNite "knights", gory crimes were on their conscieoce especially to their "uncompromising" and they made up rtheir mind to give B·anderite outfit led by a three-day pre up their anti-.Semitie stand and to a man has built miere without a country - Stetsko. admit their gui!.t? a tree than he has Like hell they did! Their anti-Semitic .ife. It is not accidental that during the war the following tale was popul'ar in the stand remained the same. Take, for :r Oles Donchenko, Ukraine: The son wakes up his example, .the book Everyone Must for the minutes of father in the middle of the night Know .by Sydir Zaporozhets, publish· his works bring saying: "Hey, daddy, some devil is ed in New York. trying to break into the house." "Well", So why .all those declarations, all + the father replies, "let it be even the those ·Ukrainian-Jewish .associations, is and magnetic devil, but not an OUNite." committees, unions that grow as >f the geomagnetic Whence, then, such "love" for all mushrooms .after the rain? .y the Moscow In- those "fighters for an independent The answer •is very simple. The situa· Geophysics. After Ukraine?" The fact remains that all lion has changed and now If.hey have sis of the entire those characters living in different lo disguise their true face. ion received, spe- parts of the world as people without Secondly, all those Svoboda, Homin an accurate daily a homeland are busy with none other Ukrainy, America, Shlyakh Peremohy, rm their mediC'al than trying to convince each and every and other nalionalis.l publications call lical institutions, one, both in writing and verbally, that not for cooperation between the Uk e>n hotels and rest they are ardent patriots. rainians and the Jewish peoples, but dvise their patients As regards the unrestrained verbiage between the Ukrainian nationalists ieasures. of those "patriots in exile", it is noth and ~he Zionists, who helped Hitler o-vascular diseases ing else but words, and I might as exterminate Jewish people during the ·e particularly sen- well provide one more popular saying: war. In Lviv alone the Judenrat (the 1anges," says Elga "One thing is to use your tongue, Jewish council which included such bioclimatic station and another lo pull your plow". The Jewish capitalists as Adolf Ratfeld, it research labora· fascist "plow" in this case. And it Henri.ch Landsberg, and others) turn :ivity' is usually was not Hitler who put them to th·at ned 20,000 Jews over to the nazis in ut of each three "plow". They did it of their own free 1943. Or let us recall Stella Krenzbach, r cardiologists. To will. Now they go out of their way the daughter of a rabbi, who was a peci'alists resort to trying to shift the blame on to Adolf, nurse in lthe so-called Ukrainian :r·lherapeutics and saying that it is through his fault Insurgent Army (OUNite gangs), and • effective is also that stetskos and the like are exposed then occupied a high position in the as butchers. Israeli Foreign Ministry. J> that the preven But at a time when they clung to As to the friendly relations between !1e weather-health Hitler, things were quite different. the Ukrainian and Jewish peoples, Jown by half the The OUNite newspaper Nash Klych they did exist withou~ any recommen · and considerably (Our Call) wmte in August, 1938, that dations of naltionalist instructors. The ency of treatment Ukrainian nationalism was .a varia· OUNite "palr.iots" killed many a suffer from heart tion of faseism: "In one country it thousand Ukrainians who sheltered had a heart may assume the iorm of fascism, or Jewish f.amilies during the war. In H;itlerism, bult ·in our case it is just stead, the nationalist-Zionist alliance + has as much in common with the no· nationalism." tion of friendship as, say, a gnat with the recons!rudion Assuming that Ukrainian bourg.eois a jet plane. They are not friends, but nationalism ·is a v.ariation of fascism, just allies for some time. It is n-0t :y refurned from where else would tpey draw inspiratio_n accidental tha.t people say that the ack meeHng was butt from Mein Kampf, this friendship of wicked people is not an !Hera.Uy fired him Bible of racism? And this they did. a.ssociallion but a conspiracy. t Lenin, about his Therefore, ----- A Monday, April 20. 1981 ti e::"' , • Tuesday, January 19, 1982 News alert The Justice Department, alerted by · You look at the faces shouting with a 1963 article in a Soviet magazine loathing at each other. and so many that was picked up by the New. York seem so much alike; middle Euro By DOROTHY STORCK Times. waited until 1976 to begm the pean faces, with the solid strength of prosecution of Kowalchuk. Smee the cheekbone and the broad, flat fore· Times story, for 18 years. the. tail?r heads. and his family have been llvmg m · The witnesses who come to the silence in the face of innuendo and stand are old men with a workman's eventually demonstrations outside hands and the lined faces of hard bis home by members of the Jewish labor. They are machinists and fish· Defense League. mongers. They speak still with the The members of the Ukrainian heavy accent of their native Ukraine. American community bave support· Their hands move heavily on their ed him and contributed to his de· knees as they remember the long ago fense fund. On Oct. 20, 1981, Serge time when they were young and the Kowalchuk was brought to trial. Not Germans came. They remember the a criminal trial for war-time atroci fear. That is still tbere. They have ties. but a civil trial to "denaturaHze" forgotten the details. The curtain him, to strip him of. his A~en~n citilenship on the basis that be w1tb· After 40 years beltl information on his entry papers Most of the prosecution "'·itnesses nei'the Holocaust. hatreds. Maybe he is used to it. year-old Philadelphia tailor who A small boy sits by his father in a emigrated to the United States in The accusers back row_ The father is wearing a 1950, is actually a Nazi collaborator "Murderer!" shouts one man as yellow armband, and so is the child. who wore the uniform of the Uk· Kowalchuk, gray, bespectacled, "Look," the father hisses. "There raine militia organized by the Ger stoop-shouldered but immaculately he is, tbe killer of Jews." And the boy mans and helped them exterminate groomed. enters. the room. . .. bunches forward to look. 5,000 Jews in the village of Lyuboml "If they don't get you, we will' the And you wonder when it will e.-er during World War II. man shouts. and a bailiff edges close. end. According to the defense, Kowal The Ukrainians. women mostly, chuk is a much-maligned, kindly stare back with hatred. "Leave him man who acted only as police clerk a alone, Jew," one hisses. "There during the occupation and who was not even present in the town at the would be none of you left if we time of the massacre, a man who hadn't helped you. He didn't do what withheld information about his war· you say." time job only to protect his relatives Most there are too young to have still in the Ukraine from Soviet ven been in Lyuboml during the terror. geance. It is a case, contends the de But some were children in concen· fense, of mistaken identity. tration camps. .txhibit .. L .. 'ffit 'fiilabelttfita ll.nquirer Op-ed Page Tustice's helper Sunday, May 29, 1983 7-E KGB is getting use out of Nazi-huntin: 3y Warren Rogers sitions obtained in the Soviet Ur The U.S. government Is so big that on three counts. ;ometimes. perhaps, the right hand •-rhus, the Soviet s~ret police and the Soviet "In evaluating the weight to loes not know what the left hand is public prosecutors. with .the help of the U.S. given to the deposition testimo: loing, and its various parts unwit· Judge Williams observed, ".w~ h jngly work at cross-purposes. That Department of Justice, are deciding who amo~g been mindful of the preJud1c1al :ould explain why President Reagan dissident refugees arc to be branded as war guage used by the Soviet offic :ites "the Soviet threat" as the rea the restricted right of cross-exam on for the biggest military buildup criminals." tion which limited the opportm n U.S. history, while at the same - Warren Rogers to expose faults in the percep1 ime the Department of .Justice coop and memory of the witnesses. :rates with the Soviet secret police to the intimidating atmosphere." iand some naturalized Americans And, in a more recent case, a dt turalization action against a refu over to the Kremlin on the basis of cials told him that, between 1976 ana old and Shirr.lo was eight. lublous evidence, including the Joe from Lithuania named Juo 1981, they gave "evidence and mate· At denaturalizat10n proceedings in Kungys, Judge Dickenson R. D< okCarthy variety. rial concerning 140 war criminals" Chicago in 1982 against Liudas For four years. the Office of Special voise of Newark. N.J., raised sim to "organs of justice of the U.S.:\." Kairys, one witness tcs1lf1ed the KGB objections. Judge Debevoise c nvestigations (QSl) in the Justice "The question is not one of ven· was the source of the informa11on for >epartment's Criminal Division has plained about the Soviet public p geance because our people were nev Soviet depositions involved. The Wil· ecutor's opening remarks, domir: •een hunting for Nazi collaborators er vengeful," the Izvestia article said. ness, a defector in U.S. asylum named .mong naturalized Americans who position in questioning. and in "The purpose of those who search lmants Lesink1s. said the: KGB rou· ruptlon of the questioning by I led Eastern Europe after World War out former Nazis, traitors. and per· tincly supplied materials for dt:posi· I. The chief hunter is Allen Ryan, Berzins, the American defense l sons who have committed war tions and fabricated accusations and yer. with "You are not allowed to :irector of OSI. who has made a liUm· crimes is for the defense of our state "facts" to support them. •er of speeches in which he vows to questions about a citizen's relati interest and for justice. The main Fred Bartlitt Jr. a pro bono lawyer with his government." •ursue his mission with the zeal of a purpose is for the state interest. for Kairys, ran headlong into Soviet rusader. "This is not consistent with which dictates the very tense and jus11ce while in \10scow participat· procedures and techniques," Ju Ryan ·s prirr:c targets have been ing in the taking nf a deposnion from complicated work connected with Debevoise said. "Cross-examina1 1aturallzcd Americans of Byclorus· a SDviet·suppll('d witness named Ivan the search for war criminals. The was limited in significant areas. ian. Estonian. Latvian, Lithuanian, Zvczdun. (Jn \uv. 14. 1980. As usual. state interests are at stake." Berzins would have been permi· nd trkranian extraction. Such pe ·~6~:::::::======~T~HE~U~K~R;A1~Nl~AN~W~E~E~KL=Y===S=U=ND=A=Y,=F~EB=R=UA=R=Y=l5=,=19=8=1====::::::::== Letters to the editoc ulr a'iil'iO+n'\:ie el 1y Re: U.S. rights polb Soviet trials in. U.S. courts? Dear Editor: Derk~cz, Fedorenko - and now uem1anJl1k -·- are certainly not l do not know to what extent your household names. But they are key players in a tense aud compkx kgal drama editorial "Which way human rights'?" with potentially dire consequences for the Ukrainian con:munit~. (The Ukrainian W~ekly, Fe~ruary. I. . Within the past six months, all three haw been accused ol war crimes by the 1981) reflects the views of your staff, the Office of Special Investigations, a branch oft he Justice Department expressly UNA, or even the Ukrainian commu· created to ferret out Nazi war criminals hid\ng in the United States. It 1s nity which you purport to represent. but inarguably a jwn mission. . in view of the rhetoric of the piece and its We Ukrainians, who felt the terrible brunt of Hitler's anti-Slav obsessions, implications I think you owe at least a naturally applaud any legal actions taken to bring legitimate Nazi thugs to part of your read -ship some expla111· justice. There should be no statute of limitations on genocide. But here's the ing. rub. ln your criticism of Mr. Reagan's lntheir zeal to blow the whistle on suspected Nazi collaborators, the federal shift to a "politically selective "h.urnan task force made the unpardonable and dimwitted blunder of striking a deal rights policy, you state that America's with the Soviets, whereby Moscow would supply evidence to assist the unit in chronic support of petty dictators has its investigations. Needless lo say, the Soviets were more than willing to "lend served to undermine·· its credibility in a hand." the· third world and has made its re- .· Ukrainian attorneys in the United States immediately realized the proaches against the USSR: hollow and absurdity of having the Kremlin anywhere near an investigation involving. morally flimsy. Aside from merely Ukrainian immigrants. A delegation Jed by Jllhn Flis and Askold Lllsynskyj listings several names from Latin Ame met with then Attorney General Benjamin Civilletti in 1979 and told him that rica, the edit oral does not elaborate on using Soviet-supplied evidence was iniudicio11s. if not outrightly irresponsi this rather sweeping standard-fare ble, and that the Soviets would like nothing more t!i,lll to paralyze the pronouncement of the ideological left Ukrainian community by screaming Nazi. but. instead, s, igests that Mr. Reagan's So what happened? The Justice Department went ahead and accused policy is hypocritical, launches into a M ichacl Derk an, a 71-ycar-old Queens native, of war crimes a lkgnlly tirade against so-called traditional perpetrated when he was a member of a Ukrainian police unit. The grounds: American imperialist policies, and calls statements made by concentration-camp survivors living in the Soviet Union. for a return to the "equitable" human Plainly, the Ukrainian message was ignored. -:---"··"------rights principles of Jimmy Carter. The Fedorenko case is yet another example of zeal bedoudingjudgcment One could perhaps write off such and common sense. E~_JU.b.Q~ h~-~ "Nazi war criminals": time for truth to etnerge -··--· ~ _..... --- . ~ THE UKRAINIAN WEEKLY SUNDAY, JULY 31, 1983 by Lydia Demjanjuk quiries with sources of information and war document centers.,. Between 1961 and 1965, the Soviet Union conducted 24 known trials A State Department report supports a ege az1 co a orators (three ~ this finding. After noting that ii had Estonta, three in Ukraine, fo · sought information from the West Bye oruss1a, two m a via, six in German government on more than 50 Lltlluama, six m .Russia). In all, 117 individuals, the State Department Said: persons were tned and convicted, eight of them in absentia. Contrary to e'Xlst "It is significant to note that FRG ing opinion, the Soviet Union applied to (West German] officials have observed West Germany, the United States and generally that the evidence of which Canada for extradition of these emi they are aware is insufficient to connect gres, but was met with universal refusal. the suspects with war crimes which, in During this same time, West Germany several instances, are known to have also was conducting war crimes trials in been committed..... conjuction with assistance from the government of Israel. Although the Kowalczuk brothers, Sergei and Mykola, were also under The hunt for "war criminals" was active investigation, their situation waS picked up, on the basis of these Soviet decidedly.different, as indicated.in two claims, in the United States in 1963 bya other State Department letters, dated vocal minority of "Nazi hunters." July 5, 1974, and August l, 1974: According to government publications in my possession, as of June 6, 1974, the " ... there is no agreement between the Immigration and Naturalization Ser U.S. and the USSR permitt'.ng investi vice (INS) was investigating a "public gations or the taking of testimony or list" of war crimes allegatiom against 37 statements of Soviet citizens by U.S. individuals, 25 of whom were natura officials in the USSR. Our only practi lized American citizens. Sources of cal recourse would be to request the these allegations included the World Soviet Ministry of Foreign Affairs to Jewish Congress, the B'nai B'rith, The locate alleged eyewitnesses and make Morning Freiheit {identified by the them available to our officers. While attorney general in the 1940s and 1950s · this may be possible, we would have no as a "Communist Yiddish daily''), The way to verify the~redibility, or, indeed, Center for Russian Jewry, Society of the identity of the Soviet authorities. the Survivors of the Riga Ghetto and This caveat would seem particularly Simon Wiesenthal. applicable to the sensitive issue of alleged war crimes upon which the The usefulness of the list was soon Soviets have taken a public position, proved doubtful. For example, though such as that of the Kowalczuks. A the name of Estonian Karl Linnas similar situation exists with respect td' appeared on the list, the INS conceded questioning or taking testimony of that it had "no derogatory information witnesses obtained in Rumania ... " to rnpport the allegations" despite ..extensive domestic and overseas in- " ... With respect to the case of the Kowalczuks, the Soviet government has publicly charged them with war crimes. Lydia Demjanjuk is the oldest dough- · ln these circumstances, it is predictable ter of John Demjanjuk, who is facing that the only evidence or witnesses that pos.sible deportation for allegedly con- will be made available by the Soviets to cealing his ....Ortime activities as a"* any requests that we might make will be concentration comp guard. those that will support this public Readers. who are interested in con- position ... •• tacting Ms. Demjanjuk may do so by writing to her at P.O. Box 31424, In 1975, a relatively obscure book Cleveland, Ohio 44131. titled "Lest We Forget" was published with financial assistance from the pro Origins of the OSI C omm unist Ukrainian Amer~can On October 30, 1978, Congress enact League, the Jewish Cultural Clubs and ed an amendment to the Immigration Societies, and the American Asso and Naturalization Act (Public Law 95- ciation to Com bat Fascism, Racism and 549) which defines as "excludable Anti-Semitism. Authored by Michael aliens" anyone who: "from March 23, Hanusiak, editor of the pi:o-So"'.iet J9J3, .to M~Y. $, 1945, .or.d.ere