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Israel Lifts Ban on Text of Eichmann’s Appeal; Defense Raises 96 Points

March 14, 1962
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Dr. Robert Servatius, chief of Adolf Eichmann’s defense, wants the Israel Supreme Court, which will begin hearing Eichmann’s appeal from the death sentence on March 22, to permit him to call 16 witnesses–among whom he listed the late Dr. Chaim Weizmann, Israel’s first President; Moshe Sharett, former Prime Minister and ex-Foreign Minister; and Minister of Justice Dov Joseph.

The text of the Servatius appeal was made public here today after Chief Justice Yitzhak Olshan reversed a previous ruling banning publication of the text. Dr. Servatius, upon his arrival here today to prepare for the high tribunal’s hearing, had complained that the banning of the publication of his appeal was “strange.”

In the 61-page document, Dr. Servatius raised 96 separate points, challenging the judgment of the Jerusalem District Court which, last August, found Eichmann guilty of crimes against the Jewish people and crimes against humanity by directing the annihilation of 6, 000, 000 European Jews during World War II. Dr. Servatius also said in his appeal he wants to question Israel’s Minister of Justice as to whether Argentina had renounced its “right” to prosecute those who abducted Eichmann in Buenos Aires, bringing him to trial in Israel.

The defense counsel questioned some of the testimony given at the long Eichmann trial, contending that some of the District Court’s conclusions were based on “undue weight” given to testimony, evidence and exhibits at the trial. Furthermore, Dr. Servatius gave notice today of an appeal for a hearing on whether he may obtain the manuscript of Eichmann’s “last testament,” a 500-page book written by the prisoner since his jailing in Israel.

GOVERNMENT AUTHORIZES APPOINTMENT OF EXECUTIONER

Meanwhile, a Government regulation was published in the Official Gazette here today, over the signature of Police Minister Behor Shitreet, authorizing the Commissioner of Prisons to appoint “a man to execute the death sentence” imposed on Adolf Eichmann. The means of execution, according to the regulation, will be by hanging.

The order provides that the Prison Commissioner appoint the executioner after two conditions have been fulfilled: 1. That the death sentence is upheld by the Supreme Court; and 2. That the Minister of Justice give written approval for carrying out the sentence. Such approval by the Minister of Justice cannot be given, under the law, unless the President of Israel has refused to exercise his right of pardon or commutation of the sentence.

Another amendment to present regulations, issued by Mr. Shitreet, gives the prison warden who has custody of Eichmann authority “to seize any letter of manuscript or notes written by the prisoner before or after conviction.”

Dr. Servatius today said that one of Eichmann’s brothers plans to visit the convicted man in his prison. Dr. Servatius said also he conferred recently with Eichmann’s wife, but refused to discuss the details about them conversation.

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