Alleged Auschwitz guard arrested

By David Rising

Associated Press

Published: Monday, May 6 2013 10:35 p.m. MDT

FILE - An undated image shows the main gate of the Nazi concentration camp Auschwitz in Poland, which was liberated by the Russians, January 1945. Writing over the gate reads: "Arbeit macht frei" (Work Sets You Free). A 93-year-old man who was deported from the U.S. for lying about his Nazi past was arrested by German authorities Monday May 6, 2013 on allegations he served as an Auschwitz death camp guard, Stuttgart prosecutors said. Hans Lipschis was taken into custody after authorities concluded there was ?compelling evidence? he was involved in crimes at Auschwitz while there from 1941 to 1945, prosecutor Claudia Krauth said. (AP Photo/File)

Associated Press

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BERLIN — A 93-year-old man who was deported from the U.S. for lying about his Nazi past was arrested by German authorities Monday on allegations he served as an Auschwitz death camp guard, Stuttgart prosecutors said.

Hans Lipschis was taken into custody after authorities concluded there was "compelling evidence" he was involved in crimes at Auschwitz while there from 1941 to 1945, prosecutor Claudia Krauth said.

Lipschis has acknowledged being assigned to an SS guard unit at Auschwitz but maintains he only served as a cook and was not involved in any war crimes.

Krauth said, however, that a judge upheld her office's request for an arrest warrant after concluding there was enough evidence to hold him before charges on accessory to murder are brought. Bringing formal charges, a process similar to a U.S. grand jury indictment, would take another two months, she said.

In the meantime, Krauth said a doctor has confirmed Lipschis' health remains good enough for him to be kept in detention.

Lipschis does not currently have an attorney, and a public defender has not yet been appointed, she said.

Lipschis was deported from the U.S. in 1983 for lying about his Nazi past when he immigrated to Chicago in the 1950s after the war.

With no evidence linking him to specific war crimes, however, it was impossible under previous German law to bring charges against him in Germany.

But the case is now being pursued on the same legal theory used to prosecute former Ohio autoworker John Demjanjuk, who died last year while appealing his 2011 conviction in Germany for accessory to murder on the grounds that he served as a guard at the Sobibor death camp.

Under the new line of thinking, even without proof of participation in a specific crime, a person who served at a death camp can be charged with accessory to murder because the camp's sole function was to kill people.

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