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Viewing cable 09MUNICH213, MUNICH COURT CONVICTS FORMER NAZI (90) OF WAR CRIMES;

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Reference ID Created Released Classification Origin
09MUNICH213 2009-08-13 14:22 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Consulate Munich
VZCZCXRO1468
PP RUEHAG RUEHDF RUEHLZ RUEHPOD
DE RUEHMZ #0213 2251422
ZNR UUUUU ZZH
P 131422Z AUG 09
FM AMCONSUL MUNICH
TO RUEHC/SECSTATE WASHDC PRIORITY 4886
RUEKJCS/SECDEF WASHDC
RUEHVEN/USMISSION USOSCE 0039
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUCNMEU/EU INTEREST COLLECTIVE
RUCNFRG/FRG COLLECTIVE
UNCLAS MUNICH 000213 
 
SENSITIVE 
SIPDIS 
 
STATE FOR L/LEI - KPROPP, EUR/CE - PSCHROEDER, CHODGES, AWHITE 
JUSTICE FOR OSI - EROSENBAUM, LMCKINNEY 
HOMELAND SECURITY FOR ICE 
 
E.O. 12958: N/A 
TAGS: OPEC PREL GM
SUBJECT:  MUNICH COURT CONVICTS FORMER NAZI (90) OF WAR CRIMES; 
PRELUDE FOR DEMJANJUK TRIAL 
 
1.  (U) On August 11, a Munich court sentenced Josef Scheungraber, a 
90-year-old former Nazi officer, to life in prison for his part in 
ordering the massacre of ten Italian men and women in 1944 in 
Falzano di Cortona.  The prosecutor, Hans-Joachim Lutz, was the same 
Munich prosecutor who will lead the trial later this fall of John 
Demjanjuk, age 89.  The court and jury found Scheungraber 
responsible for the massacre of innocent Italians after Italian 
partisans had killed two of Scheungraber's officers.  "The act of 
revenge, directed exclusively at civilians, was driven by revenge, 
anger and hatred," the court said.  The trial began last September 
after Scheungraber was declared fit to stand trial. 
 
2.  (U) Scheungraber's defense lawyer said his client was not 
involved in the massacre.  He had already been convicted of the same 
crimes by an Italian military court in 2006 and sentenced in 
absentia to life in prison.  The lawyer said he would appeal the 
decision at the Federal Court. 
 
3.  (SBU) Prosecutor Lutz told PolConsul on August 13 that he was 
"delighted at the result" in itself and also, looking ahead to the 
trial of John Demjanjuk, because the victory proved it was possible 
to prosecute successfully former Nazis of advanced age when the 
evidence was not iron clad and the crimes occurred over 60 years 
ago.  Lutz will lead the case against Demjanjuk, 89, who is accused 
of being a guard at a Nazi death camp and who was extradited to 
Germany from the United States in May.  His trial will probably 
begin in November.  The cases have different factual backgrounds but 
are similar from the political point of view, Lutz said.  "Failure 
with Scheungraber would have made the case against Demjanjuk much 
harder," Lutz observed. 
 
4.  (U) Consulate General Munich coordinated this report with 
Embassy Berlin. 
 
TRIBBLE