[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 132 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. CON. RES. 132

               Concerning the case of John Demjanjuk, Sr.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1993

Mr. Traficant submitted the following concurrent resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
               Concerning the case of John Demjanjuk, Sr.

Whereas John Demjanjuk was denaturalized and extradited to Israel to stand 
        charges as ``Ivan the Terrible'';
Whereas the Israeli Supreme Court recently overturned the conviction and death 
        sentence of John Demjanjuk, charged with being Ivan the Terrible;
Whereas Demjanjuk was denied due process when the United States Department of 
        Justice withheld critical evidence from Demjanjuk's defense during his 
        denaturalization trial, as was determined in the investigative report of 
        Special Master Judge Wiseman, appointed by the United States Sixth 
        Circuit Court of Appeals,;
Whereas the United States Department of Justice contends that Demjanjuk lied on 
        his immigration application to conceal his involvement in Nazi war 
        crimes and should be denied entry to the United States and the 
        restoration of his citizenship;
Whereas Demjanjuk contends that he lied on his United States immigration 
        application to avoid repatriation to the Soviet Union and subsequent 
        execution, not to cover up war crimes;
Whereas the United States Sixth Circuit Court of Appeals stated that the United 
        States Government must allow Demjanjuk to enter the United States as 
        soon as he is free to leave Israel;
Whereas the 3-judge appeals panel serving the United States Sixth Circuit Court 
        of Appeals unanimously denied the Justice Department's request to stay 
        the ruling while the Government is in the process of their possible 
        appeal to either the full 14-judge appeals court or to the United States 
        Supreme Court;
Whereas the United States Sixth Circuit Court of Appeals ordered the United 
        States Government not to interfere with John Demjanjuk's return to the 
        United States while the court investigates the Government's handling of 
        his extradition to Israel; and
Whereas Demjanjuk is 73 years old and has been incarcerated in solitary 
        confinement and separated from his family for over 7\1/2\ years: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that--
            (1) the United States Attorney General should parole John 
        Demjanjuk back into the United States whereby he shall be 
        reunited with his family and confined with the appropriate 
        security at the family residence pending further process;
            (2) an appropriate court of law with proper jurisdictional 
        authority be convened to resolve the United States citizenship 
        status of John Demjanjuk by accepting evidence and testimony to 
        determine whether Demjanjuk was guilty of any Nazi war crimes;
            (3) if Demjanjuk is found by such process to have 
        participated in Nazi war crime activities, his citizenship 
        should remain permanently revoked and the matter should be 
        subject to and open to further judicial process;
            (4) if Demjanjuk is found by such process not to have 
        participated in Nazi war crime activities, but to have lied on 
        his immigration application to avoid repatriation under terms 
        of the Yalta Agreement, Demjanjuk's citizenship should be 
        reinstated regardless of the concealment of his Soviet 
        citizenship on his immigration papers; and
            (5) the United States Justice Department should commence an 
        immediate investigation into Ivan Marczenko, now identified to 
        be ``Ivan the Terrible'' of Treblinka and bring Marczenko to 
        justice or verify to Congress the death of Marczenko.

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