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German Court Finds Insufficient Evidence Linking Ex-Soldier to Nazi Massacre German Court Finds Insufficient Evidence Linking Ex-Soldier to Nazi Massacre
(about 5 hours later)
BERLIN — A court in the German city of Cologne ruled on Tuesday that there was insufficient evidence to try an 89-year-old former SS gunner with participating in the Nazi massacre of 642 people in a village in southwestern France just days after the D-Day landings in 1944.BERLIN — A court in the German city of Cologne ruled on Tuesday that there was insufficient evidence to try an 89-year-old former SS gunner with participating in the Nazi massacre of 642 people in a village in southwestern France just days after the D-Day landings in 1944.
The court said the evidence presented last December by Andreas Brendel, the state prosecutor who heads the central office for dealing with Nazi war crimes in the state of North Rhine-Westphalia, was “unlikely to be able to prove that the accused took part in the killings.”The court said the evidence presented last December by Andreas Brendel, the state prosecutor who heads the central office for dealing with Nazi war crimes in the state of North Rhine-Westphalia, was “unlikely to be able to prove that the accused took part in the killings.”
The former SS soldier, Werner Christukat, who was 19 when the 642 villagers of Oradour-sur-Glane were massacred, has never disputed that he was in the village on June 10, 1944, as part of an SS mechanized infantry division known as “Der Führer.”The former SS soldier, Werner Christukat, who was 19 when the 642 villagers of Oradour-sur-Glane were massacred, has never disputed that he was in the village on June 10, 1944, as part of an SS mechanized infantry division known as “Der Führer.”
Tuesday’s ruling, as summarized in a statement released by the court press office in Cologne, was that “this mere presence cannot legally be considered as assisting in murder without the presentation of additional proof.”Tuesday’s ruling, as summarized in a statement released by the court press office in Cologne, was that “this mere presence cannot legally be considered as assisting in murder without the presentation of additional proof.”
The appearance of Mr. Christukat’s name in a list of machine gunners who took part is “not sufficient proof” that he participated in the killings, the statement said. The ruling essentially suggested that it was not worth putting Mr. Christukat on trial because it was unlikely that he could be convicted. The appearance of Mr. Christukat’s name on a list of machine gunners who took part is “not sufficient proof” that he participated in the killings, the statement said. The ruling essentially suggested that it was not worth putting Mr. Christukat on trial because it was unlikely that he could be convicted.
“His name is not in any interrogations, nor did any witnesses link him to the events in Oradour-sur-Glane,” the statement noted.“His name is not in any interrogations, nor did any witnesses link him to the events in Oradour-sur-Glane,” the statement noted.
Mr. Brendel, reached by telephone in his office in Dortmund, said he had learned of the ruling from the news media and had no further comment. He also could not say whether he would appeal the ruling within the one-week deadline set by the court.Mr. Brendel, reached by telephone in his office in Dortmund, said he had learned of the ruling from the news media and had no further comment. He also could not say whether he would appeal the ruling within the one-week deadline set by the court.
There was no immediate comment from Mr. Christukat or his lawyer.There was no immediate comment from Mr. Christukat or his lawyer.
In a tearful interview to the French news channel BFM TV in January, Mr. Christukat appeared to quiver in horror at the memory of what he called the terrible events he witnessed in Oradour-sur-Glane. He has always denied taking part in any killing, and has claimed variously in the past to have saved two women, shooing them away from the village as they returned from a nearby forest, and to have refused to shoot a boy.In a tearful interview to the French news channel BFM TV in January, Mr. Christukat appeared to quiver in horror at the memory of what he called the terrible events he witnessed in Oradour-sur-Glane. He has always denied taking part in any killing, and has claimed variously in the past to have saved two women, shooing them away from the village as they returned from a nearby forest, and to have refused to shoot a boy.
The exact reasons for the failure to prosecute many of the SS men who were in the village are increasingly lost in the mist of time. In 1953, a contentious trial in the French city of Bordeaux ended with tough penalties against SS soldiers, some of whom had been in detention since 1945, but none stayed in prison much longer. French historians and a survivor of the massacre said they had little doubt Mr. Christukat participated in the killings.
In 1983, an East German court sentenced a senior SS officer to life in prison, but he was released in 1997, reportedly on the grounds of failing health. He died 10 years later. “Even if he didn’t shoot, he allowed others to shoot, and it’s called complicity,” said Jean-Jacques Fouché, a historian and former director of the memorial center at Oradour-sur-Glane.
Robert Hébras, one of two last known survivors of the massacre, said in a telephone interview that he did not remember Mr. Christukat, “but the killers were soldiers wearing uniforms — these people were faceless to us.”
“I would have loved Werner Christukat to have the courage to tell the truth in order to ease his conscience,” Mr. Hébras added. “But I have no illusions. Those who did it will never speak out.”
The exact reasons for the failure to prosecute many of the SS soldiers who were in the village at the time of the massacre are increasingly lost in the mist of time. In 1953, a contentious trial in the French city of Bordeaux ended with tough penalties against some German soldiers, some of whom had been in detention since 1945, but none stayed in prison much longer.
In 1983, an East German court sentenced a senior SS officer to life in prison, but he was released in 1997, reportedly on the grounds of his failing health. He died 10 years later.
The German officer who is believed to have overseen the massacre, Heinz Lammerding, was never charged or jailed. He died in West Germany in 1971.The German officer who is believed to have overseen the massacre, Heinz Lammerding, was never charged or jailed. He died in West Germany in 1971.
Last year, President Joachim Gauck of Germany walked hand in hand with his French counterpart, François Hollande, through the ruins of Oradour-sur-Glane, marking the first such visit by a high German official since the killings.Last year, President Joachim Gauck of Germany walked hand in hand with his French counterpart, François Hollande, through the ruins of Oradour-sur-Glane, marking the first such visit by a high German official since the killings.
The motivation for the killings remains unclear. Some historians have theorized that they took place as an outburst of SS rage or revenge over the Allied landings on D-Day four days earlier. Some historians have theorized that the killings were an outburst of rage by the SS soldiers or revenge over the Allied landings on D-Day four days earlier.
The 642 victims included 254 women, 207 children and 181 men.The 642 victims included 254 women, 207 children and 181 men.
Historical accounts suggest that the SS mechanized infantry division entered the village, then separated the men from the women and children. The men were taken in groups of 15 to 25 and shot in four barns around the village. The buildings were then set on fire.Historical accounts suggest that the SS mechanized infantry division entered the village, then separated the men from the women and children. The men were taken in groups of 15 to 25 and shot in four barns around the village. The buildings were then set on fire.
The women and children were herded into the village church and locked in. Explosives were set off, and hand grenades thrown inside. The women and children were locked in the village church. Explosives were set off, and hand grenades thrown inside.