Top German court rejects ex-Auschwitz guard's prison appeal


1 photo

This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.

BERLIN (AP) — Germany's highest court said Friday it has thrown out a bid by a 96-year-old former Auschwitz death camp guard for a reprieve on serving his sentence as an accessory to murder.

Oskar Groening was convicted in July 2015 of being an accessory to the murder of 300,000 Jews and sentenced to four years in prison. A federal court rejected his appeal against the conviction last year.

Groening has remained free during a dispute over his fitness for prison. Prosecutors argued that he is fit to serve time so long as there is appropriate medical care, and regional courts threw out appeals against their decision.

Germany's Federal Constitutional Court said it has now rejected a complaint arguing that Groening's fundamental right to life and physical safety was being violated. In the ruling dated Dec. 21 and released Friday, it said it saw no constitutional reason to question the lower courts' rulings.

The supreme court noted that German law allows for prison sentences to be interrupted if a detainee's health deteriorates significantly.

It wasn't immediately clear when Groening will be formally summoned to start serving his sentence, but he isn't expected to go to prison before the new year.

Groening, who has been dubbed the "accountant of Auschwitz," testified at his trial that he oversaw the collection of prisoners' belongings and ensured that valuables and cash were separated to be sent to Berlin. He said he witnessed individual atrocities but did not acknowledge participating in any crimes.

The court that convicted him ruled, however, that he was part of the "machinery of death," helping the camp function and collecting money stolen from the victims to help the Nazi cause, and thus could be convicted of accessory to the murders committed there.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Photos

The Associated Press

    SIGN UP FOR THE KSL.COM NEWSLETTER

    Catch up on the top news and features from KSL.com, sent weekly.
    By subscribing, you acknowledge and agree to KSL.com's Terms of Use and Privacy Policy.

    KSL Weather Forecast