Newsgroups: alt.revisionism
Subject: Demjanjuk Case - U.S. Court of Appeals (10 of 17)
Followup-To: alt.revisionism
Organization: The Nizkor Project http://www.nizkor.org
Keywords: Sobibor,Treblinka,Demjanjuk

Archive/File: pub/people/d/demjanjuk.john/circuit-court/appeal-order.apdx-1
Last-Modified: 1994/11/11

   APPENDIX 1

   No. 85-3435

   UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

   JOHN DEMJANJUK, Petitioner-Appellant, v. JOSEPH
PETROVSKY, et al., Respondents-Appellees.

   Before: MERRITT, Chief Judge; KEITH, Circuit Judge; and
LIVELY, Senior Circuit Judge.

   ORDER

   The petitioner-appellant, John Demjanjuk, was extradited
to the State of Israel for trial of a capital offense, the
commission of war crimes during World War II. In a previous
decision of this court in this case, 776 F.2d 571 (6th Cir.
1985), we declined to stop the extradition by issuing a
write of habeas corpus. Our previous study of the record and
numerous recent press reports and
articles in the United  [**61]   States indicate that the
extradition warrant by the Executive Branch may have been
improvidently issued because it was based on erroneous
information.  Consideration should be given to its validity
and to whether this court's refusal to grant the petition
for writ of habeas corpus was erroneous.

In our previous decision we said that the extradition should
be limited:


The district court clearly certified that Demjanjuk was
subject to extradition solely on the charge of murder.
Though some of the acts which Demjanjuk is charged with may
also constitute other offenses listed in the treaty, he may
be tried in Israel only on that charge.

776 F.2d at 583.

   Pursuant to the authority stated in rule 40, Fed. R. App.
Proc., pertaining to the rehearing of causes previously
heard and Rule 60(b)(6), Fed. R. Civ. P., pertaining to
relief from judgments previously entered, the Court, upon
its own motion, makes the following orders with respect to
the prior proceedings concerning the extradition warrant
heretofore issued in this case under Chapter 209, Title 18
(@@ 3181-3195), United States Code:

   1. The United States, on or before July 15, 1992, shall
file   [**62]   with the Court a brief describing any items
of evidence of any kind, of which it has knowledge, tending
to show that the petitioner-appellant, Demjanjuk, is not the
"Ivan the Terrible" who committed war crimes at the
Treblinka death camp, in particular murder, as described in
776 F.2d 571 (6th Cir. 1985), together with a statement of
approximately when agents of the United States first learned
of
each such item of evidence.

   2. On or before July 25, 1992, the petitioner-appellant
shall file a brief describing affidavits, depositions or
other statements of witnesses in his possession (which are
not described in the government's brief referred to in
paragraph 1 above), which tend to show that a man known as
Ivan Marchenko was the "Ivan the Terrible" referred to in
paragraph 1.

   3. On or before August 1, 1992, the parties should file
simultaneous briefs stating their respective position on the
question whether the Court should reconsider its earlier
decision concerning the issuance of a writ of habeas corpus
in this case, including the question whether the court
should remand the case to the district court for a further
evidentiary hearing respecting the case.   [**63]

   4. The Federal Public Defender for the Northern District
of Ohio is hereby appointed to represent the defendant,
provided the petitioner-appellant or the members of his
immediate family in the United States do not object to such
appointment, and provided further that he is qualified for
such representation under 18 U.S.C. @ 3006A.

   5. An oral hearing on this matter is set for Tuesday
afternoon, August 11, 1992, at 2:30 P.M.

   ENTERED BY ORDER OF THE COURT

   Leonard Green, Clerk

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