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The Office of the Prosecutor of the Audiencia Nacional issues its report supporting the admission of the case concerning the Spanish victims of the concentration camps at Mauthausen, Sachsenhausen and Flossenbürg and opining that the Court has jurisdiction over the case.


During a meeting with representatives of Equipo Nizkor, the chief prosecutor of the National Court (Audiencia Nacional), Javier Zaragoza, advised that he had notified the Investigating Judge, Ismael Moreno, of his decision in favour of the jurisdiction of the Court and recommending its admission of the case recently filed against four members of the SS Totenkopf.

The decision, published today, was taken by the Prosecutor's Office on 9th. July in respect of the Preliminary Inquiry 211/08 "David Moyano Tejerina and others", initiated as a result of the lawsuit filed on 19 June 2008 which was assigned to Central Investigating Court No. 2; that Court referred the case to the Prosecutorīs Office on 23rd. June for its mandatory preliminary report.

Once the Prosecutorīs Office has issued a favourable opinion, the Judge assigned to the case should issue a decision admitting it. The Investigating Judge does not usually oppose the position of the Prosecutorīs Office and therefore the investigating phase of the case is commenced as soon as that decision is issued.

The objective of the lawsuit, prepared and directed by Equipo Nizkor, is to end the impunity established with respect to the Spanish victims who were exterminated in the National Socialist concentration camps during the Second World War; this will be the first case of its type to take place within the ordinary jurisdiction of the Spanish courts.

The camps involved in the lawsuit, Mauthausen, Sachsenhausen and Flossenbürg, are designated as a result of the criminal responsibility of the accused parties, given the irrefutable evidence of the extermination of Spanish citizens in these camps.

The favourable report of the Prosecutorīs Office of the National Court is a necessary precondition and an important step towards a request by the Spanish authorities that the United States formally hand over Johann Leprich, Anton Tittjung, Josias Kumpf and Iwan or John Demjanjuk to be placed at the disposition of the Spanish justice system.

Madrid and Charleroi, 14 July 2008
Gregorio Dionis, President Equipo Nizkor

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small logoThis document has been published on 28Jul08 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.