Charles Zentai
Encyclopedia
Charles Zentai, is a Hungarian-born resident of Australia
accused
of a Holocaust-related war crime
. He has resided in Perth, Australia
for many years after living in the American- and French-occupied zones of post-World War II
Germany
.
ed Péter Balázs, an 18-year old Jewish man, in November 1944. According to witnesses, Balázs was not wearing his yellow star
on the train, a crime punishable by death in Hungary at the time. Zentai allegedly took him to an army barracks, beat him to death, and threw his body into the Danube
. Zentai was tracked down by The Simon Wiesenthal Center
, which is also heading the effort to extradite
him to Hungary
to stand before
a military tribunal
. The case has been a long-held passion of Efraim Zuroff
, director of the Simon Wiesenthal Center, who presented his allegations against Zentai to Hungarian
prosecutors.
On 8 July 2005, Zentai was arrested by the Australian Federal Police
to await an extradition hearing. Zentai's family say the 86-year-old widower, who has heart disease
and peripheral neuropathy
, would not survive the trip to Hungary. When first declared a suspect during the war and a warrant issued for his arrest Zentai, at that time living in Germany
, expressed his willingness to go to Hungary to clear his name.
against the extradition case was dismissed by a full bench of the Australian Federal Court. Simon Wiesenthal Center director Efraim Zuroff said he was very pleased that Zentai's appeals had been rejected and that "the extradition process can finally proceed".
On 1 October 2007 new evidence came to light: a testimony by Zentai's military commander which was used at a trial in the Budapest People's Court in February 1948. This commander blamed a fellow soldier who was later convicted.
On the 2nd of March 2009, and despite these accusations, Zentai passed a polygraph test conducted by Gavin Willson from Australian Polygraph Services. In interviews, Willson expressed "no doubt" that Zentai was telling him the truth.
Zentai's lawyers continued to argue against extradition, saying that war crimes were not considered illegal in Hungary in 1944 when the alleged crime took place. Zentai remained free on bail while his case was again appealed to the full bench of the Australian Federal Court. The Australian government approved Zentai's extradition to Hungary
on November 12, 2009, making Zentai's case the first in which the Australians approved of extraditing any Nazi suspect.
After an appeal to the Federal Court the extradition order was overturned on 2 July 2010. During the appeal Zentai's defence lawyers argued that Zentai could not be extradited, as the Hungarian authorities had not charged him with an offence, and instead he was only being ordered to return to face questioning. The court found that the government did not have the jurisdiction to order Zentai to be extradited.
In early January 2011 the Australian Home Affairs Minister Brendan O'Connor lodged a further appeal against the decision which said that as the Hungarian authorities had not laid charges, the Australian government did not have the legal power to extradite him. The Hungarian authorities have not explained why they could not question him in Australia under the treaty on criminal cooperation. In their public response to the latest decision, the Simon Wiesentahl Centre has already assumed Mr Zentai will face trial if extradited.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
accused
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
of a Holocaust-related war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
. He has resided in Perth, Australia
Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....
for many years after living in the American- and French-occupied zones of post-World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
.
Background
Zentai, who denies the charges against him, was serving in the Hungarian Army at the time he is accused of having murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ed Péter Balázs, an 18-year old Jewish man, in November 1944. According to witnesses, Balázs was not wearing his yellow star
Yellow star
Yellow star is a term that could refer to:*A yellow star in Stellar classification*A yellow badge, a cloth patch that Jews were ordered to wear on their clothes*Any plant of Hypoxis genus in the Hypoxidaceae family...
on the train, a crime punishable by death in Hungary at the time. Zentai allegedly took him to an army barracks, beat him to death, and threw his body into the Danube
Danube
The Danube is a river in the Central Europe and the Europe's second longest river after the Volga. It is classified as an international waterway....
. Zentai was tracked down by The Simon Wiesenthal Center
Simon Wiesenthal Center
The Simon Wiesenthal Center , with headquarters in Los Angeles, California, was established in 1977 and named for Simon Wiesenthal, the Nazi hunter. According to its mission statement, it is "an international Jewish human rights organization dedicated to repairing the world one step at a time...
, which is also heading the effort to extradite
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
him to Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
to stand before
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
a military tribunal
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
. The case has been a long-held passion of Efraim Zuroff
Efraim Zuroff
Efraim Zuroff is an Israeli historian of American origin, who has played a role in bringing Nazis indicted for war crimes to trial...
, director of the Simon Wiesenthal Center, who presented his allegations against Zentai to Hungarian
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
prosecutors.
On 8 July 2005, Zentai was arrested by the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
to await an extradition hearing. Zentai's family say the 86-year-old widower, who has heart disease
Heart disease
Heart disease, cardiac disease or cardiopathy is an umbrella term for a variety of diseases affecting the heart. , it is the leading cause of death in the United States, England, Canada and Wales, accounting for 25.4% of the total deaths in the United States.-Types:-Coronary heart disease:Coronary...
and peripheral neuropathy
Peripheral neuropathy
Peripheral neuropathy is the term for damage to nerves of the peripheral nervous system, which may be caused either by diseases of or trauma to the nerve or the side-effects of systemic illness....
, would not survive the trip to Hungary. When first declared a suspect during the war and a warrant issued for his arrest Zentai, at that time living in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, expressed his willingness to go to Hungary to clear his name.
Extradition fight
On 16 April 2007, his first appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
against the extradition case was dismissed by a full bench of the Australian Federal Court. Simon Wiesenthal Center director Efraim Zuroff said he was very pleased that Zentai's appeals had been rejected and that "the extradition process can finally proceed".
On 1 October 2007 new evidence came to light: a testimony by Zentai's military commander which was used at a trial in the Budapest People's Court in February 1948. This commander blamed a fellow soldier who was later convicted.
On the 2nd of March 2009, and despite these accusations, Zentai passed a polygraph test conducted by Gavin Willson from Australian Polygraph Services. In interviews, Willson expressed "no doubt" that Zentai was telling him the truth.
Zentai's lawyers continued to argue against extradition, saying that war crimes were not considered illegal in Hungary in 1944 when the alleged crime took place. Zentai remained free on bail while his case was again appealed to the full bench of the Australian Federal Court. The Australian government approved Zentai's extradition to Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
on November 12, 2009, making Zentai's case the first in which the Australians approved of extraditing any Nazi suspect.
After an appeal to the Federal Court the extradition order was overturned on 2 July 2010. During the appeal Zentai's defence lawyers argued that Zentai could not be extradited, as the Hungarian authorities had not charged him with an offence, and instead he was only being ordered to return to face questioning. The court found that the government did not have the jurisdiction to order Zentai to be extradited.
In early January 2011 the Australian Home Affairs Minister Brendan O'Connor lodged a further appeal against the decision which said that as the Hungarian authorities had not laid charges, the Australian government did not have the legal power to extradite him. The Hungarian authorities have not explained why they could not question him in Australia under the treaty on criminal cooperation. In their public response to the latest decision, the Simon Wiesentahl Centre has already assumed Mr Zentai will face trial if extradited.