On the basis of “declarations under oath” of three Jewish witnesses – then living in Germany – in 1947 and 1948, a legal investigation of the accused was begun at the Prosecutor’s Office in Linz under the official number 15 St 27804/51 – 443, for his participation in the mass executions in May 1942 in Lida, Ivje, Radun, Szczuczyn (Shchuchin), Vasiliski, Voronovo and Zoludek. This proceeding, which had different identification numbers, finally Vg Vr 1555/53 over 17 Ur 105/64 [can’t really do this with a word processor. The identifier has 2 lines, the first string, underlined, over the 2nd string], was finally concluded through the decision of the Landesgericht in Linz on 24 August 1954 that, by section 90 of the Austrian legal code, the court had no jurisdiction. VA LG Linz , op. Cit., p 99, 102
On 19 Jan 1964, the case was reopened by the prosecutor’s office in Linz, on the basis of new information, but it was closed by a decision of 23 September 1965, that the accused Windisch was a German citizen and that the “crimes under consideration had occurred in Germany”, so that, in absence of the accused residing in Austria, Austrian courts had no jurisdiction.
A further inquiry against the accused Windisch and others (Werner and Hanweg) has been in progress in Vienna since 1960, first with the identifier 15 St 26 875/60 – 5, and at the end with 27 d Vr 6058/64. BA LG Wien 27 d Vr 6058/64 p 1, 4, 77
This proceeding was, according to a decision of 25 October 1965, closed
according to section 90 of the Austrian legal code on the grounds that
“Austrian legal jurisdiction is not applicable”, because the accused are
“not Austrian citizens” and “the crimes of which they are accused occurred
abroad”.
Copyright © 2000 Irene Newhouse
HTML by Irene Newhouse