The United States Court of Appeals
Sixth Circuit
Appendix IV A


APPENDIX 4A

RECORD OF QUESTIONING OF WITNESS

City of Vinnitsa

October 2, 1979

Senior Assistant Procurator of Vinnitsa Oblast' Podrutskiy, on instructions from the Procuracy [**90] of the USSR in connection with the request from the organs of justice of the USA for legal aid in the case of Ivan Dem'yanyuk and in accordance with the requirements of Articles 85, 167 and 170 of the Code of Criminal Procedure of the Ukrainian SSR, questioned as a witness:

Malagon, Nikolai Petrovich, born 1919, native and resident of the village of Novo-Petrovka, Berdyansk Rayon, Zaporozhe Oblast', Ukrainian, citizen of the USSR, laborer.

Questioning began: 9:45 A.M.

* * *

In response to the questioned asked, witness N. P. Malagon stated:

During the Great Patriotic War, I participated with my military unit in the defense of the city of Kiev. In August of 1941 I was wounded in the head and taken prisoner by the Germans together with other soldiers from my unit.

While a prisoner, I was first held in a POW camp in the city of Zhitomir. We were later transferred to a camp in the city of Rovno, and a day later we were transferred in railroad cars to a POW camp in the city of Chemnitz (Poland).

We were held in this camp for approximately two months. In roughly October or November of 1941 we, the POWs, were assembled near the barracks and some man unknown to me wearing civilian [**91] clothing began to select prisoners for work. He selected a total of roughly 60-70 POWs, including myself. This man did not tell us what kind of work we would be doing or where we would do it. The selected POWs and myself were hauled in three trucks to the village of Travniki (Poland) and we were told that in this training case we could be trained as SS guards. . . . We were [eventually] awarded the title of SS guards and issued identification. . . .

A short time later, as part of a group of guards consisting of 20-25 men whose names I do not remember, I was sent to the Lublin camp. We worked cleaning up the area at this camp and stayed there 5-6 days. From the Lublin camp we were sent to the city of Warsaw, where we stayed approximately three days. During these three days I once guarded the Jewish ghetto. From Warsaw we, the guards, escorted a train filled with Jewish civilians to the Treblinka death camp. We were all armed with rifles and live ammunition. When we arrived at the Treblinka camp together with the prisoners, we handed them over to the camp guard. When we arrived at the camp, there were other guards there from the Travniki school.

While at the Treblinka death camp, I met [**92] the guard Nikolai Marchenko, who drove a gas chamber van. I do not know where he is at present. In the same camp I met the guard Ivan Demedyuk or Ivan Dem'yanyuk (I do not remember his name precisely). This guard was of average height and heavy build, spoke Ukrainian and had light brown hair. His speech was pure; he pronounced everything well. I do not know where he was from, since I did not talk to him about this. While I was at the Treblinka death camp, he worked there as a cook, preparing food for the guards.

I could identify the guard whom I have named as Demedyuk or Dem'yanyuk from photographs.

In February of 1943 approximately 15 of us, the guards, were transferred to the Belsen camp (Poland). Ivan Demedyuk or Ivan Dem'yanyuk remained at Treblinka. We were at Belsen for approximately five days and, since some of the guards escaped, we were once again returned to Travniki, where we were given special insignia, and then we were sent to the Auschwitz death camp.

I served in this camp from March to April of 1943. Then, we were transferred to the Buchenwald death camp, where I served as a guard from April of 1943 through February of 1945. Here, from what other guards (whose names [**93] I do not remember) said, I learned that Ivan Demedyuk of Ivan Dem'yanyuk, who had worked as a cook at Treblinka, had been transferred to work as a gas chamber van driver. His later fate is unknown to me. I escaped from the Buchenwald death camp in March of 1945.

I have read the record of the questioning. My statements were recorded faithfully. I have no additions or corrections to make. The questioning was completed at 1:00 P.M.

(Signature) Malagon

Questioned by:

Senior Assistant Procurator,

Vinnitsa Oblast'

(Signature) V. L. Podrutskiy

Copy authentic:

Procurator,

Vinnitsa Oblast'

(Signature) G. S. Tarnavskiy

(OFFICIAL SEAL)

RECORD OF PRESENTATION OF PHOTOGRAPHS FOR IDENTIFICATION OF AN INDIVIDUAL

City of Vinnitsa

October 2, 1979

Senior Assistant Procurator of Vinnitsa Oblast' Podrutskiy, on instructions from the Procuracy of the USSR in connection with the request from the organs of justice of the USA for legal aid in the case of Ivan Dem'yanyuk, in accordance with the requirements of Articles 85, 174 and 176 of the Code of Criminal Procedure of the Ukrainian SSR and in the presence of the witnesses:

Shembereva, Valentina Porfir'yevna, residing at No. 5 [**94] Kosmonavtov Street, Apartment No. 37, city of Vinnitsa, and

Voynitskaya, Maria Yakoylevna, residing at No. 113 Pirogov Street, Apartment No. 15, city of Vinnitsa,

presented to witness

Malagon, Nikolai Petrovich, born 1919, native and resident of the village of Novo-Petrtovka, Berdyansk Rayon, Zaporozhe Oblast',

nine photographs of men for identification. The photographs were attached to sheets No. 1, No. 2 and No. 3, designated by numbers and attached to impressions of the official seal of the Procuracy of Vinnitsa Oblast'.

Sheet of photographs No. 1 contains photographs of three men in military uniform and headgear. Sheets of photographs No. 2 and No. 3 contain photographs of men in civilian clothing, without hats. The persons shown in the photographs were not named to the witness.

* * *

After examining the photographs presented to him on sheets No. 1, No 2 and No. 3, witness N. P. Malagon stated that he could not identify anyone in the photographs. The guard to whom he had referred during the questioning and whom he had called by the name of Ivan Demedyuk or Ivan Dem'yanyuk was not among them.

* * *

The record of the presentation for identification has been read to [**95] us. It was recorded faithfully. We have no observations to make on the conduct of the identification or the content of the record.

Witness: (Signature) Malagon

Witnesses: (Signature) Shembereva

(Signature) Voynitskaya

Identification conducted and record compiled by:

Senior Assistant Procurator,

Vinnitsa Oblast'

(Signature) V. L. Podrutskiy

Copy authentic:

Procurator,

Vinnitsa Oblast'

(Signature) G. S. Tarnavskiy

(OFFICIAL SEAL)

* * *

CERTIFICATE

Photograph No. 3 on sheet of photographs No. 1,
photograph No. 1 on sheet of
photographs No. 2 and photograph No. 2 on sheet of
photographs No. 3 show:

Dem'yanyuk, Ivan Nikolayevich, born 1920, native of the village of Duboviye Makharintsy, Kazatin (formerly Samgorodok) Rayon, Vinnitsa Oblast'.

The persons shown in the other photographs are not involved in the case.

Senior Assistant Procurator,

Vinnitsa Oblast'

(Signature) V. L. Podrutskiy

October 2, 1979

Copy authentic:

Procurator,

Vinnitsa Oblast'

(Signature) G. S. Tarnavskiy

(OFFICIAL SEAL)


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