Leaders of the opposition Social Democratic Party, and the heads of other liberal opposition groups in the Bundestag, today renewed their demands for extension of the statute of limitations which forbids further prosecution of persons accused of major crimes committed under the Nazi regime.
The Cabinet voted at a meeting Friday evening that, “on legal and constitutional grounds,” no extension of the limitations statute is feasible. Under German law the statute of limitations expires in the British zone today and, in the American zone, July 1.The dates were fixed on the expiration of a 15-year period from the date in 1945 when the Nazi regime came officially to an end in the respective zones. The limitation applies to various major crimes up to and including manslaughter, while murder charges may be filed within an additional five-year period.
The spokesman for the Social Democratic Party here stated today that, while he agrees with the Cabinet’s decision forbidding retroactive prosecutions, the Socialists feel that the expiration date of 15 years should be dated from the time the German courts actually took over Jurisdiction. That jurisdiction was not assumed until 1949.The opposition parties hold, therefore, that the statute of limitations does not expire until 1964.
“The Government’s contention.” stated the Social Democratic spokesman, “that extension of the statute was unnecessary, because the Central War Crimes Commission and provincial offices of prosecution have already formally initiated action against suspects, is not logical. It must be expected that many names of suspects are not yet known to the authorities.”
Meanwhile, today, the Ministry of Justice announced it has rejected the “convictions” of 593 West Germans found guilty of war crimes in East Germany. The Communist regime has notified the ministry here that the 593 “convicted” persons had been found guilty of war crimes charges in courts under the East German jurisdiction. The charges against these persons, the ministry stated, are “propagandistic.”
The Ministry also rejected the East German notification that Dr. Theodor Oberlaender. resigned Minister for Refugee Affairs, had been convicted of war crimes and sentenced to life imprisonment after a trial in absentia. On the basis of that conviction. East Germany has demanded Dr. Oberlaender’s extradition.
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