THE GERMAN Justice Ministry announced yesterday it was seeking the extradition from Italy of Erich Priebke, the 83 year old former SS officer freed by a military court in Rome despite being found guilty of murdering 335 innocent civilians in 1944.
Priebke was re-arrested early yesterday morning but the Italian authorities must decide within 96 hours if he should remain in detention while the extradition request is processed.
The German extradition warrant must be approved within 40 days by Argentina, where Priebke lived until his arrest last year. The authorities there have already told Priebke that he will not be allowed to return, and Bonn is confident that they will allow him to be sent for trial in Germany.
If he appears before a German court, Priebke will he tried for crimes against humanity, which have no statute of limitations in Germany.
German public opinion has traditionally exonerated soldiers from blame for their actions during the second World War, reserving most condemnation for concentration camp guards and the officials who ordered the slaughter of the Jews.
Priebke was last night preparing to spend the weekend in Rome's Regina Coeli prison following the dramatic events of Thursday.
The court's ruling that Priebke could not be convicted prompted an immediate stand off between police and members of Rome's Jewish community as well as relatives of the victims of the Ardentine Caves. The stand off was finally resolved by the arrival late in the night of the Italian Justice Minister, Mr Giovanni Maria Flick, who ordered the re-arrest of Priebke on the grounds that Germany wished to extradite him.
His re-arrest will come up for immediate appeal on Monday or Tuesday. The Rome prosecuting magistrate, Mr Antonino Intelisano, may still appeal Thursday's ruling, thus making it impossible for Priebke to leave Italy.
Meanwhile, in an unusual move, the military tribunal's presiding judge, Mr Agostino Quistelli, yesterday clarified aspects of the court's ruling, saying that the court had not accepted Priebke's defence that he had been a middle ranking officer obeying orders. Judge Quistelli did, however, explain that, according to the judgment, Priebke had not acted with premeditation or cruelty and was therefore entitled to the application of the statute of limitation.