On January 23, 2007, I was one of the speakers at the annual memorial service
in the Serbian city of Novi Sad for the victims of the January 23,
1942, mass murder of at least 1,246 residents, mostly Jewish, Serb
or Roma, by the Hungarian military and gendarmerie. I was invited
because I had recently tracked down one of the officers responsible
for organizing the murders and exposed him as living in Budapest.
Thus it was only natural for most of my remarks to focus on Dr. Sandor
Kepiro and the importance of bringing him to justice, despite his
advanced age and the 65 years that had passed since the crime. Given
the fact that he had already been convicted in connection with this
atrocity by a Hungarian court in January 1944 (and had never served
his sentence), it seemed a foregone conclusion that if Kepiro remained
reasonably healthy he would be held accountable for his crimes.
More than four years were to pass, however, between my public call on the Hungarian
authorities to bring him to justice, and last week, when his trial
finally opened in Budapest on May 5. In the interim, it had become
increasingly clear that what for me was self-evident, was seen very
differently by those authorities.
It began with the fact that the 1944 verdict against Kepiro could not be found
in the local archives. Luckily, I was able to obtain a copy in Belgrade,
initially of a Serbian translation and later of a Hungarian original.
Then came the decision to deny our request to implement his original
sentence of 10 years in prison, since it had been cancelled by a
Hungarian court, shortly after the German invasion of Hungary. Our
argument that the court had been forced to do so by the Nazis was
rejected. Instead, a criminal investigation was started, on March
7, 2007, and the race against time intensified.
Months went by with little progress, a fact attributed to delays in the receipt
of critical evidence from the Serbs, who insisted they had already
sent the material. Awarding Hungary a failing grade in the Wiesenthal
Center’s annual report on the investigation and prosecution of Nazi
war criminals − specifically, for the failure to prosecute Kepiro
− also did not produce the desired result.
In the meantime, about a year ago, the case became
even more complicated for me personally, when Kepiro initiated a
libel suit against me for publicly labeling him a Nazi war criminal
and putting him on our annual “Most Wanted” list. It would be hard
to describe my sense of disgust and utter frustration at this development,
but the situation also had a possible silver lining: If Kepiro was
not going to be put on trial, the libel suit against me might be
the only opportunity to expose his crimes in a Hungarian courtroom.
The cases that immediately came to mind were those
in which defendants have been able, to some extent, to turn the tables
on their accusers, and highlight their crimes. Granted that, in view
of the alarming rise of right-wing extremism in Hungary, this might
be a very dangerous gamble, especially given the fact that the libel
case was a criminal one and the punishment might be incarceration
for up to two years. But I did not have many options and the threat
of a European arrest warrant can also be persuasive when it comes
to showing up to face trial.
All of this came to a head in early May, ironically
during the week of Holocaust Remembrance Day. Not only was Kepiro
to be finally put on trial this past Thursday, but two days earlier,
the verdict was going to be rendered in the libel case against me.
Although I felt on fairly solid legal ground, there was always the
danger of falling victim to the new political winds blowing in Hungary,
following the 2010 victory by a huge margin of the conservative Fidesz
party and the shocking gains made by the right-wing Jobbik extremists.
In fact, the thought crossed my mind that perhaps I would be acquitted,
so that Kepiro as well could be spared conviction or at least punishment.
That might indeed ultimately be the case, but at least
I was acquitted to my great relief and to the consternation of Kepiro’s
attorney, who already announced his intention to appeal the verdict.
A prominent figure in right-wing political circles, attorney Zsolt
Zetenyi has on at least one occasion spoken disparagingly of “the
Jews” and clearly views his defense of Kepiro as a mission.
The libel case, to be honest, was merely a sideshow,
compared to Kepiro’s trial, whose opening last week drew dozens of
representatives of the foreign and local electronic and print media.
For me, it was a bittersweet event, with great satisfaction and joy,
mingled with the sad memory of the victims, whom no legal proceeding
can ever bring back to life.
The fact that Kepiro was being prosecuted at age 97
poses an obvious problem, but his alert and strong answers in court
and his determination to try and clear his name will hopefully make
this trial much more understandable to the broader public than that
of John Demjanjuk, for example, who did his best to undermine the
totally justified effort to hold him accountable. Before the trial
began, several dozen young adults, members of Hungary’s Faith Church,
which has staunchly supported our efforts to bring local Nazi war
criminals to justice, demonstrated against Kepiro wearing yellow
stars, a heartwarming gesture which underscored the educational significance
of such trials.
As I sat in the courtroom and listened to the reading
of the indictment, I breathed a deep sigh of relief at the end of
an emotionally wrenching week, grateful for having been able to help
make this event take place at long last.
Dr. Efraim Zuroff is director of the Israel office
of the Simon Wiesenthal Center and author, most recently, of “Operation
Last Chance: One Man’s Quest to Bring Nazi Criminals to Justice”
(Palgrave/Macmillan).
haaretz.com
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