The U.S. Court of Appeals today refused to halt the execution in Germany of seven Nazi war criminals condemned to hang for mass murder of Jews and others. The seven were originally scheduled to go to the gallows on February 13, but the executions were stayed pending the outcome of their appeal to courts in the United States.
The court affirmed the ruling of Federal Judge Edward A. Tamma, who held that federal courts in this country have no jurisdiction over sentences imposed by military tribunals in occupied territory. However, the court said that its decision will be sent to Judge Tamm’s court on Friday, thus leaving the way open for the attorney for the seven to appeal meanwhile to the Supreme Court. Warren Magee, attorney for the seven, said he will ask the Supreme Court to review the case.
The seven include the former Gestapo General Otto Ohlendorf who was convicted of being in charge of Gestapo units in Russia which slaughtered 90,000 Jews. Also Gen. Oswald Pohl who ordered the “liquidation” of the Warsaw ghetto and the killing of all Jewish inmates in the notorious Oswiecim camp. The other five were also convicted of participation in mass-murder of Jews in East Europe.
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