Imre Finta

Imre Finta (2 September 1912 – 1 December 2003)[1][2] was the first person prosecuted under Canada's war crimes legislation. He was charged in 1987 and acquitted in 1990.[3]

Early life

Finta was born in Kolozsvár (modern-day Cluj-Napoca, Romania). He studied law at a university in Szeged in the 1930s. In 1935 he enrolled at the Royal Hungarian Military Academy. He was commissioned as a second lieutenant in the Royal Hungarian Gendarmerie on January 1, 1939, and was promoted to the rank of captain on April 5, 1942.[1]

Imre Finta was a commander of the Gendarmerie in Szeged, Hungary, during the Second World War.[4] 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.[3] During the late 1970s Finta worked at Glen Abbey Golf Club in Oakville Ontario.

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.[5][6]

Finta was defended by lawyers Doug Christie and Barbara Kulaszka[7] and was supported by far-right figures such as Ernst Zündel.[8] Finta's defence argued that he had only been following orders and was only responsible for transporting Jews.[9]

Finta was acquitted after a six-month jury trial.[3] The acquittal was upheld by the Ontario Court of Appeal in 1992 and the Supreme Court of Canada in 1993,[4] where he was acquitted the year later.[10] 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."[3]

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.[11][12]

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.[13][14]

Death

On December 1, 2003, Finta died in his sleep at a nursing home in Toronto, Ontario.[2][15]

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See also

References
  1. "R. v. Finta - SCC Cases (Lexum)". scc.csc.lexum.com. Lexum. January 2001. Retrieved March 22, 2019.
  2. "Imre Finta - Exonerated of war crimes". newspapers.com. Montreal Gazette. December 18, 2003. Retrieved March 22, 2019.
  3. "Imre Finta found not guilty of war crimes - CBC Archives".
  4. "R. v. Finta - SCC Cases (Lexum)". scc-csc.lexum.com. January 2001.
  5. Albert Bandura (28 April 1995). Self-Efficacy in Changing Societies. Cambridge University Press. pp. 581–. ISBN 978-0-521-47467-2.
  6. William A. Schabas; Nadia Bernaz (8 November 2010). Routledge Handbook of International Criminal Law. Routledge. pp. 44–. ISBN 978-1-136-86668-5.
  7. Canada Supreme Court Reports. Registrar, Supreme Court of Canada. 1994.
  8. Ira Robinson (14 December 2015). A History of Antisemitism in Canada. Wilfrid Laurier Univ. Press. pp. 139–. ISBN 978-1-77112-167-5.
  9. 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.
  10. "National Implementation of IHL - Finta case, Supreme Court of Canada, 24 March 1994". ihl-databases.icrc.org.
  11. International, Radio Canada (26 July 2017). "Former Nazi interpreter Helmut Oberlander stripped of Canadian citizenship again".
  12. "Canadian government moves to strip citizenship of man accused of Bosnian war crimes". 12 December 2017.
  13. 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.
  14. "Prosecution of War Criminals Moving at 'Snails Pace'". The Jewish Post & News. March 25, 1993. Retrieved January 20, 2012.
  15. "Archived copy". Archived from the original on 2013-09-02. Retrieved 2013-02-21.CS1 maint: archived copy as title (link)
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