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Selected Investigations

Publication date : 18.11.2003

Investigation into the Case S. 45/02/Zn

On September 23, 2002, Branch Commission for Prosecution of Crimes against the Polish Nation in Katowice initiated an investigation in the case of a Nazi crime committed in Łysiec (Stanisławowskie province) in the territory then occupied by Germans (Act S 45/02/Zn). The crime regarded a murder of three people of Jewish nationality: Bernard Kandler, Lusi Rosiner and a girl named Singer by Bohdan Koziy.

In a resolution to initiate the investigation it was stated that Bohdan Koziy, an official of the Ukrainian police co-operating with Germans, committed the murders while participating in the displacing of Jewish inhabitants to ghetto. With two shoots from a pistol he killed a four-year old daughter of a doctor Oskar Singer, after taking her away from a Pole, Jadwiga Spilarewicz who had been hiding the girl. He also shot Bernard Kandler who made an attempt to run away from a truck destined for the ghetto. He also murdered a fourteen-year old Lusi Rosiner who hid in a barn.

Poland is eligible to prosecute the deeds committed by Bohdan Koziy as they were committed on the Polish territory and were directed against the victims of Polish nationality. Bohdan Koziy would be responsible for committing a crime before the Polish court according to article 1 point 1 of a decree of August 31st 1944 concerning the punishment for Fascist-Hitler perpetrators guilty of murders and tortures against civilians and hostages. Its decree states that everyone who co-operated or was associated with the German state and took part in committing crimes (...) should be punished. This crime, according to the Polish law, constitutes a crime against humanity and its prosecution has no basis of limitation. According to the Polish criminal code, the punishemnt for such crime entails a life imprisonment. That, however, can be diminished by the judging court.

A request from Efraim Zuroff, the Head of the Simon Wiesenthal Center in Israel, together with enclosed copies of documentation from the proceedings by the United States to revoke Bohdan Koziy's US citizenship conducted by the US Federal Court, Southern District of Florida, were the basis to initiate the investigation in this case. Bohdanus Koziy vel Bohdan Koziy, born on February 23, 1923 in Pusakowce (Stanisławowskie province) was an official of the Ukrainian police co-operating with Germans in the period from April 1, 1942 to January 31, 1944. In 1944 together with the withdrawing German soldiers he fled to Germany where he gained a refugee status via the International Organization for Refugees. In November 1949 he received an entry visa to the United States, where he went in December 1949. On February 9, 1956 he received an American citizenship, which was later revoked, also on the basis of testimonies of the Polish witnesses, in a sentence of March 29, 1982. Currently, since 1985 Bohdan Koziy has been residing in Costa Rica. In the course of investigation run by the Institute's Branch Commission in Katowice, activities aiming at the accumulation of evidence are now undertaken that will lead to presenting charges against Bogdan Koziy. On the basis of the evidence that has been collected so far it has been established that in autumn 1943, in Łysiec, Bogdan Koziy committed the crime of genocide against eight people.

March 18th, 2003

 

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