Yesterday in the mail I got an SOS from an acquaintance, as I do once in a while - when people have nowhere else to turn. I bring it here in full, with a small qualifier.
I do not know this man. I bring you this pitiful appeal in full for no other reason than because my heart goes out to him - and let you decide if there is a way you can and want to help. I had someone check out the facts, and in a nutshell - they are as stated.
I bring this appeal largely because I want to show what happens when an enemy organization, such as the OSI, targets an innocent person. Not infrequently, these "Nazi hunter" organizations seek out victims who do not have the financial, social, legal or intellectual resources to fight back the way they should - or could.
These victims of powerful lobbies and their political "hit squad" organizations are really caught in the classical Catch-22: Not only do they have to fight a merciless opposition organization with millions of dollars behind them making a living by hunting down old men, victims also get victimized by exorbitant legal costs on the part of lawyers who ought to be a little more discriminating in what they charge for their "help".
Please read and ponder the facts below. They are brought to you by a handful of friends of the victim called the "Breyer Freedom Committee":
In 1943, Hans Breyer was 17 years old, living in Europe, a citizen of Czechoslovakia
At that time, young men of countries conquered by Germany were forcibly drafted into military service. Hans was trained for infantry combat and placed into combat services.
Despite the fact that the Germans drafted him, he could not serve in the German Wehrmacht, because he was not a German citizen. Instead, he was assigned to a special Infantry Battalion under the jurisdiction of the Waffen-SS.
While waiting for assignment to the front lines, Hans's battalion was used as outpost guards on the perimeter of various concentration camps. It should be noted that the Waffen-SS Combat Infantry Battalion was never permitted to enter into the prisoner areas of the concentration camps.
Eventually, Hans was assigned to combat at the Russian front, where he was wounded and taken prisoner in April 1945 by Russia. Enduring the harsh life of a POW, he was released September 1945, almost dead at 98 pounds, and was hospitalized for some time.
He rejoined his family members, who were forcibly expelled by Czechoslovakia for ethnic cleansing, to West Germany, but he never became a German citizen. Instead, he accepted an invitation by the United States, because of his job skills, to immigrate to the real freedom. That should have been the end of a World War II story - but now we have the OSI.
The Office of Special Investigations is a temporary arm of the Justice Department, initiated in 1978. Their powers were made retroactive to 1933. It is their job to investigate virtually hundreds of cases of immigrants with affiliation to the Waffen-SS. Are these people guilty of any war crimes? Some may be, but most are just like Hans Breyer - innocent of any wrongdoing!
The OSI had already determined Hans Breyer was innocent of any war crimes; however, they accused him of a lesser offense. They claim he omitted his Waffen-SS affiliation on his application for immigration. That alone could result in deportation from the United States. In 1951, there were no questions asked about service affiliation on the application to immigrants. Hans answered all questions asked correctly; he did not lie about anything.
Hans provided the Committee with a letter from the US Immigration Office, dated August 9, 1951, which stated that he was formerly denied immigration. It stated he was denied immigration because of his former military service affiliation. A second letter from the US Immigration Office, dated February 28, 1952, stated that the laws had changed and Hans was free to immigrate.
This means he was thoroughly investigated by the USA officials in Europe, and furthermore, the US Displaced Persons Commission had exonerated the low rank soldiers of the Combat Infantry Battalion of any war crimes or persecution of any kind. This should in itself prove his innocence to the charge of having lied on his application. He never had to fill out other papers, and he was granted the visa to the USA.
Where is a copy of the original application? The OSI does not have it, nor does Hans Breyer. But it must exist somewhere. Since his case is a civil case and not a criminal one, ***the proof of innocence lies with the defendant***. The OSI does not have the burden of proof and therefore does not have to find the original application. A micro-print may exist in the US Archives, and this is being checked now by Hans Breyer's new attorney, an Immigration Specialist.
As stated before, the OSI is investigating hundreds of similar cases. All of these cases affect elderly gentlemen, most of whom have been US citizens for decades, such as Hans Breyer, who became a citizen in 1957. Fifty years have passed since the events for which these individuals are now being held accountable by the OSI. Like Hans Breyer, these elderly men have become victims of a war 50 years ago. They now suffer the agony of not being able to prove their innocence for lack of appropriate documentation, which have been missing for some time, and lack of witnesses long since departed.
In a recent similar case in Cleveland, the lawyer of the defendant, Mr. George Lindert, was able to retrieve original, missing documentation from the National Archives in Washington, D.C. Like Hans Breyer, the defendant also had not lied. The proof was brought out, and the case was dismissed. Hans Breyer stands an equally good chance of winning his case with documentation never brought out before.
Hans Breyer's case can be another landmark event and establish a precedent that cannot be ignored because it will affect so many others with identical circumstances. These cases drag on for years. The stress and the financial burden take a deep toll on these men. Some have committed suicide, because they did not want to put their families through the agonies of despair. If Hans Breyer wins his case, as he should, there will be light at the end of the tunnel.
Hans Breyer has now suffered the anguish of this injustice for years. The stress of having to deal with this has taken its toll. The press has haunted him mercilessly. Whatever he says to them is taken with doubts and innuendoes. People snarl at him. He is a marked man - so much so that he had to go into hiding by no longer giving his home address. He literally lives in a PO Box. The strain of all this shows in his face and in his conversations. His voice quivers when friends inquire about his status. Yet he has to go public, at least among his many friends, because he and his children can no longer bear the financial burden.
Hans Breyer has lost every worldly possession. No bank account, no house - hardly any income. His family and a very close friend keep him alive. They also want to keep him here. If deported, he could not go to Germany, because he is not German. The Slovak Republic would not take him. He is a man without a country. Paraguay or Costa Rica are the only countries the OSI would likely send him to, if he cannot find a country on his own. At this point, he is penniless. Without financial help, he would have to give up, like others before him, and leave the country, even though he is innocent.
About three years ago a raffle was held to support Hans. It helped, and Hans was very thankful, but that money was used, along with more than $200,000 of his own and his children's money. Unfortunately, much of that money was spent by a lawyer who pursued a circumstance that Hans was born by an American mother and therefore is a citizen by birth and cannot be deported. No exonerating evidence as to his innocence was ever brought before the Court; therefore, the OSI managed to obtain a summary judgment. His claim to birthright citizenship was dismissed, and his naturalized citizenship was revoked in December 1993.
Hans's new attorney will work to prove his innocence. The new lawyers' goal is to present the truth and facts to the court and thereby prove his innocence. The estimate is that the case will cost an additional $45,000. The Committee is working to raise this amount - not only to bring justice to Hans Breyer but also to bring hope to over 300 others presently under investigation by the OSI.
If you have any questions or desire additional information, please contact the Committee by writing to Ms. Shirley Waterman, PO Box 16032, Philadelphia, PA 19114. They will be happy to provide you with more details.
Thought for the Day:
"We fight not to enslave, but to set a country free, and to make room upon the earth for honest men to live in."
(Edward Gibbon)