1981: an overview: Ukrainians in the dock (12/27/81)

1981: an overview

Ukrainians in the dock

1981 was a truly frustrating year for the Ukrainian community in terms of trying to convince a recalcitrant Justice Department to abandon its use of Soviet-supplied evidence in trials of Ukrainians accused of failing to disclose alleged service in German-controlled police units and similar data when they applied for U.S. residency after World War II.

Alarmingly, the number of such trials skyrocketed during the year.

The year got off to a bad start on January 27 when the Supreme Court upheld an appellate court ruling stripping 73-year-old Feodor Fedorenko of his U.S. citizenship. Even though Mr. Fedorenko was cleared by a lower court of any war crimes when jurors refused to believe witnesses against him, the Supreme Court ruled 7 to 2 that he was obligated under law to have informed immigration officials of his service as a camp guard, whether that service was voluntary or involuntary, when he applied to enter this country after the war. In other words, the mere fact that he served the Germans, was enough grounds for revocation of citizenship, even though he was judged completely innocent of a war crimes by a jury of his peers.

The landmark ruling emboldened the Justice Department's Office of Special Investigations led by Allan A. Ryan Jr. to press on. On February 10, 61-year-old John Demjanjuk of Cleveland went on trial, accused of being the notorious guard "Ivan the Terrible" in the Treblinka death camp. Again, the testimony of key prosecution witnesses was videotaped in the Soviet Union, which also provided an identity card purporting to show Mr. Demjanjuk as a young guard. Moreover, the prosecution withheld information from the defense, including testimony of a Treblinka survivor living in Australia who claimed another man was "Ivan the Terrible." On June 23, a Cleveland court revoked Mr. Demjanjuk's citizenship.

On March 17, a Philadelphia court stripped 76-year-old Wolodymyr Osidach of his citizenship. Shortly afterward, Mr. Osidach died.

Also in Philadelphia, Serge Kowalchuk, 61, went on trial for alleged service in a German-controlled Ukrainian police unit. In both cases, the Philadelphia media had a field day, irresponsibly labeling the defendants Nazis and murderers even before the trials were complete. Such actions prompted the Ukrainian Anti-Defamation League to protest, but its admonishment fell on deaf ears.

Finally, on September 15 Bohdan Koziy went on trial in Florida on charges that he belonged to a Ukrainian police unit during the German occupation of Ukraine. But, according to Ukrainian attorney Askold Lozynskyj, a new wrinkle was added in the Koziy case. The government is reportedly trying to establish that the Organization of Ukrainian Nationalists (OUN) was responsible for war crimes, and that membership in the OUN could also disqualify an individual from entry into the United States if it went undeclared after the war.

Despite the entreaties of several Ukrainian organizations, Mr. Ryan and his group stubbornly refuse to accept the notion that the Soviets have a stake in discrediting the Ukrainian community and, therefore, Soviet evidence should be inadmissible. With a solipsism that defies reason, Mr. Ryan explained that he is unconcerned about the political implications of using such evidence.

The Ukrainian community has mobilized to try and reverse what it perceives as a gross miscarriage of justice. The law firm of Flis, Lozynskyj and Steck announced the establishment of a Legal Defense Fund under the aegis of the United Ukrainian American Relief Committee.

In addition, representatives of several East European organizations in the United States are seeking a meeting with Attorney General William French Smith to discuss the OSI's tactics and the implications of these trials.

Perhaps even more menacing, famed Nazi-hunter Simon Wiesenthal has offered a proposal to West German and American officials that would allow American citizens accused of complicity in Nazi war crimes to be extradited to Germany for trial without forcing the United States first to go through the long procedure of stripping them of their citizenship. Officials in both countries are said to be seriously considering the measure.

Clearly, these events pose a potentially devastating threat to the Ukrainian community in the diaspora. If the government succeeds, for example, in establishing that membership in the OUN is grounds enough for possible denaturalization and deportation, then many of the leaders of some of the leading and influential Ukrainian organizations could be threatened. Indeed, the entire community could be discredited and silenced, largely on the basis of information supplied by their long-time enemy - the Soviets. This pressing issue must be addressed in the coming year by responsible spokesmen in our community, the sooner and the louder the better.

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