The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: people/d/demjanjuk.john/circuit-court/appeal-order.apdx-04a


Newsgroups: alt.revisionism
Subject: Demjanjuk Case - U.S. Court of Appeals (14 of 17)
Followup-To: alt.revisionism
Organization: The Nizkor Project http://www.nizkor.org
Keywords: Sobibor,Treblinka,Demjanjuk

   APPENDIX 4A

   RECORD OF QUESTIONING OF WITNESS

City of Vinnitsa

October 2, 1979

   Senior Assistant Procurator of Vinnitsa Oblast'
Podrutskiy, on instructions from the Procuracy  [**90]   of
the USSR in connection with the request from the organs of
justice of the USA for legal aid in the case of Ivan
Dem'yanyuk and in accordance with the requirements of
Articles 85, 167 and 170 of the Code of Criminal Procedure
of the Ukrainian SSR, questioned as a witness:

Malagon, Nikolai Petrovich, born 1919, native and resident
of the village of Novo-Petrovka, Berdyansk Rayon, Zaporozhe
Oblast', Ukrainian, citizen of the USSR, laborer.

Questioning began: 9:45 A.M.

   * * *

   In response to the questioned asked, witness N. P.
Malagon stated:

   During the Great Patriotic War, I participated with my
military unit in the defense of the city of Kiev. In August
of 1941 I was wounded in the head and taken prisoner by the
Germans together with other soldiers from my unit.

   While a prisoner, I was first held in a POW camp in the
city of Zhitomir. We were later transferred to a camp in the
city of Rovno, and a day later we were transferred in
railroad cars to a POW camp in the city of Chemnitz
(Poland).

   We were held in this camp for approximately two months.
In roughly October or November of 1941 we, the POWs, were
assembled near the barracks and some man unknown to me
wearing civilian   [**91]   clothing began to select
prisoners for work. He selected a total of roughly 60-70
POWs, including myself. This man did not tell us what kind
of work we would be doing or where we would do it. The
selected POWs and myself were hauled in three trucks to the
village of Travniki (Poland) and we were told that in this
training case we could be trained as SS guards. . . . We
were [eventually] awarded the title of SS guards and issued
identification. . . .

   A short time later, as part of a group of guards
consisting of 20-25 men whose names I do not remember, I was
sent to the Lublin camp. We worked cleaning up the area at
this camp and stayed there 5-6 days. From the Lublin camp we
were sent to the city of Warsaw, where we stayed
approximately three days. During these three days I once
guarded the Jewish ghetto. From Warsaw we, the guards,
escorted a train filled with Jewish civilians to the
Treblinka death camp. We were all armed with rifles and live
ammunition. When we arrived at the Treblinka
camp together with the prisoners, we handed them over to the
camp guard. When we arrived at the camp, there were other
guards there from the Travniki school.

   While at the Treblinka death camp, I met  [**92]   the
guard Nikolai Marchenko, who drove a gas chamber van. I do
not know where he is at present. In the same camp I met the
guard Ivan Demedyuk or Ivan Dem'yanyuk (I do not remember
his name precisely). This guard was of average height and
heavy build, spoke Ukrainian and had light brown hair. His
speech was pure; he pronounced everything well. I do not
know where he was from, since I did not talk to him
about this. While I was at the Treblinka death camp, he
worked there as a cook, preparing food for the guards.

   I could identify the guard whom I have named as Demedyuk
or Dem'yanyuk from photographs.

   In February of 1943 approximately 15 of us, the guards,
were transferred to the Belsen camp (Poland). Ivan Demedyuk
or Ivan Dem'yanyuk remained at Treblinka. We were at Belsen
for approximately five days and, since some of the guards
escaped, we were once again returned to Travniki, where we
were given special insignia, and then we were sent to the
Auschwitz death camp.

I served in this camp from March to April of 1943. Then, we
were transferred to the Buchenwald death camp, where I
served as a guard from April of 1943 through February of
1945. Here, from what other guards (whose names  [**93]   I
do not remember) said, I learned that Ivan Demedyuk of Ivan
Dem'yanyuk, who had worked as a cook at Treblinka, had been
transferred to work as a gas chamber van driver. His later
fate is unknown to me. I escaped from the Buchenwald death
camp in March of 1945.

   I have read the record of the questioning. My statements
were recorded faithfully. I have no additions or corrections
to make. The questioning was completed at 1:00 P.M.

(Signature) Malagon

Questioned by:

Senior Assistant Procurator,
Vinnitsa Oblast'

(Signature) V. L. Podrutskiy

Copy authentic:

Procurator,
Vinnitsa Oblast'

(Signature) G. S. Tarnavskiy

   (OFFICIAL SEAL)

   RECORD OF PRESENTATION OF PHOTOGRAPHS FOR IDENTIFICATION
OF AN INDIVIDUAL

City of Vinnitsa

October 2, 1979

   Senior Assistant Procurator of Vinnitsa Oblast'
Podrutskiy, on instructions
from the Procuracy of the USSR in connection with the
request from the organs of
justice of the USA for legal aid in the case of Ivan
Dem'yanyuk, in accordance
with the requirements of Articles 85, 174 and 176 of the
Code of Criminal
Procedure of the Ukrainian SSR and in the presence of the
witnesses:

Shembereva, Valentina Porfir'yevna, residing at No. 5
[**94]   Kosmonavtov
Street, Apartment No. 37, city of Vinnitsa, and

Voynitskaya, Maria Yakoylevna, residing at No. 113 Pirogov
Street, Apartment No.
15, city of Vinnitsa,

presented to witness

Malagon, Nikolai Petrovich, born 1919, native and resident
of the village of
Novo-Petrtovka, Berdyansk Rayon, Zaporozhe Oblast',

nine photographs of men for identification. The photographs
were attached to
sheets No. 1, No. 2 and No. 3, designated by numbers and
attached to impressions
of the official seal of the Procuracy of Vinnitsa Oblast'.

   Sheet of photographs No. 1 contains photographs of three
men in military
uniform and headgear. Sheets of photographs No. 2 and No. 3
contain
photographs of men in civilian clothing, without hats. The
persons shown in the
photographs were not named to the witness.

   * * *

   After examining the photographs presented to him on
sheets No. 1, No 2 and
No. 3, witness N. P. Malagon stated that he could not
identify anyone in the
photographs. The guard to whom he had referred during the
questioning and whom
he had called by the name of Ivan Demedyuk or Ivan
Dem'yanyuk was not among
them.

   * * *

   The record of the presentation for identification has
been read to  [**95]
us. It was recorded faithfully. We have no observations to
make on the conduct
of the identification or the content of the record.

   Witness: (Signature) Malagon

   Witnesses: (Signature) Shembereva

   (Signature) Voynitskaya

   Identification conducted and record compiled by:

Senior Assistant Procurator,
Vinnitsa Oblast'

(Signature) V. L. Podrutskiy

   Copy authentic:

Procurator,
Vinnitsa Oblast'

(Signature) G. S. Tarnavskiy

   (OFFICIAL SEAL)

   * * *

   CERTIFICATE

   Photograph No. 3 on sheet of photographs No. 1,
photograph No. 1 on sheet of
photographs No. 2 and photograph No. 2 on sheet of
photographs No. 3 show:

Dem'yanyuk, Ivan Nikolayevich, born 1920, native of the
village of Duboviye
Makharintsy, Kazatin (formerly Samgorodok) Rayon, Vinnitsa
Oblast'.

   The persons shown in the other photographs are not
involved in the case.

Senior Assistant Procurator,
Vinnitsa Oblast'


(Signature) V. L. Podrutskiy

October 2, 1979

Copy authentic:

Procurator,
Vinnitsa Oblast'

(Signature) G. S. Tarnavskiy

   (OFFICIAL SEAL)



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