
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, August 4, 1993                   TAG: 9308040008
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-6   EDITION: METRO 
SOURCE: 
DATELINE: CINCINNATI                                LENGTH: Short

COURT SAYS DEMJANJUK CAN RETURN

The U.S. government must allow John Demjanjuk to return home while a court investigates the government's handling of his extradition to Israel, the 6th U.S. Circuit Court of Appeals ruled Tuesday.

Demjanjuk was acquitted Thursday of being the sadistic guard "Ivan the Terrible" who helped execute 850,000 Jews at the Treblinka death camp in World War II Poland. The retired Ohio autoworker was being detained in Israel pending that government's decision whether to file new war-crimes charges.

In a ruling read from the bench, the three-judge appellate panel said it had approved Demjanjuk's 1986 extradition to Israel on condition that he be tried only on charges that he was the sadistic guard "Ivan" at the Nazi death camp.

Trying Demjanjuk on other charges would be an apparent violation of international law, Chief Judge Gilbert Merritt said.

The Cincinnati-based panel also denied the Justice Department's request to stay the ruling pending an appeal. The government still could appeal to the full 14-judge appellate court or to the U.S. Supreme Court.

Ed Nishnic, Demjanjuk's son-in-law, said the family was elated with the decision.

"I'm a little numb right now. I came 6,000 miles to hear this," said Nishnic, who flew to Ohio on Monday night from Israel. "We feel that justice was done today."

In another development Tuesday, the Israeli Supreme Court rejected a request from Demjanjuk to move up a hearing on whether he should stand trial on new charges of Nazi war crimes. The hearing is set for Aug. 11.

- Associated Press

by CNB