Imre Finta

Imre Finta (1911 – 2003) was the first person prosecuted under Canada's war crimes legislation. He was charged in 1987 and acquitted in 1990.[1]

Life

Imre Finta was a commander of the Gendarmerie in Szeged, Hungary, during the Second World War.[2] He immigrated to Canada in 1948 and settled in Toronto in 1953, where he bought a restaurant. He later operated a catering business. Finta became a Canadian citizen in 1956.[1]

War crimes prosecution

He was accused of committing manslaughter, kidnapping, unlawful confinement and robbery in relation to his alleged activities as a police officer assisting the Nazis in the forced deportation of 8,617 Jews from Szeged during the Holocaust.[3][4]

Finta was defended by lawyers Doug Christie and Barbara Kulaszka[5] and was supported by far-right figures such as Ernst Zündel.[6] Finta's defence argued that he had only been following orders and was only responsible for transporting Jews.[7]

Finta was acquitted after a six-month jury trial.[1] The acquittal was upheld by the Ontario Court of Appeal in 1992 and the Supreme Court of Canada in 1993,[2] where he was acquitted the year later.[8] Justice Peter Cory, writing on behalf of the Supreme Court, said "Even where the orders are manifestly unlawful, the defence of obedience to superior orders and the peace-officer defence will be available in those circumstances where the accused had no moral choice as to whether to follow the order."[1]

The Supreme Court also ruled that the use of the Criminal Code to prosecute Finta was unconstitutional.[9] The decision brought to an end prosecutions under Canada's nascent war crimes legislation. Thereafter, the government attempted to deal with alleged war criminals by stripping them of their Canadian citizenship and deporting them to the country in which the alleged crime occurred.[10][11]

Holocaust survivor Sabina Citron prevailed in a civil lawsuit for libel against Finta, after Finta called her a liar for saying he had committed war crimes.[12][13]

Death

Finta died in Canada in 2003.[14]

See also

References

  1. 1 2 3 4 "Imre Finta found not guilty of war crimes - CBC Archives".
  2. 1 2 "R. v. Finta - SCC Cases (Lexum)". scc-csc.lexum.com.
  3. ↑ Albert Bandura (28 April 1995). Self-Efficacy in Changing Societies. Cambridge University Press. pp. 581–. ISBN 978-0-521-47467-2.
  4. ↑ William A. Schabas; Nadia Bernaz (8 November 2010). Routledge Handbook of International Criminal Law. Routledge. pp. 44–. ISBN 978-1-136-86668-5.
  5. ↑ Canada Supreme Court Reports. Registrar, Supreme Court of Canada. 1994.
  6. ↑ Ira Robinson (14 December 2015). A History of Antisemitism in Canada. Wilfrid Laurier Univ. Press. pp. 139–. ISBN 978-1-77112-167-5.
  7. ↑ Gary D. Solis (15 February 2010). The Law of Armed Conflict: International Humanitarian Law in War. Cambridge University Press. pp. 372–. ISBN 978-1-139-48711-5.
  8. ↑ "National Implementation of IHL - Finta case, Supreme Court of Canada, 24 March 1994". ihl-databases.icrc.org.
  9. ↑ Stephan Landsman (1 March 2013). Crimes of the Holocaust: The Law Confronts Hard Cases. University of Pennsylvania Press. pp. 231–. ISBN 0-8122-0257-0.
  10. ↑ International, Radio Canada (26 July 2017). "Former Nazi interpreter Helmut Oberlander stripped of Canadian citizenship again".
  11. ↑ "Canadian government moves to strip citizenship of man accused of Bosnian war crimes". 12 December 2017.
  12. ↑ David Matas (1994). "The Case of Imre Finta, The Viscount Bennett Memorial Lecture". 43 University of New Brunswick Law Journal 281. Retrieved January 20, 2012.
  13. ↑ "Prosecution of War Criminals Moving at 'Snails Pace'". The Jewish Post & News. March 25, 1993. Retrieved January 20, 2012.
  14. ↑ "Archived copy". Archived from the original on 2013-09-02. Retrieved 2013-02-21.
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