## Facts

- Germany requested the extradition of Johann Breyer to stand trial for alleged participation in the murder of approximately 216,000 Jews at Auschwitz-Birkenau during World War II.
- Breyer served as an armed guard in the SS-Totenkopfverbände at Auschwitz-Birkenau during a period of mass gassings and cremations.
- Breyer did not dispute his presence and service as a guard but denied awareness of, or participation in, exterminations.
- The United States initiated extradition proceedings seeking certification of extraditability under 18 U.S.C. § 3184.
- Germany submitted documentary evidence describing Auschwitz-Birkenau’s extermination operations and records linking Breyer to guard duty there.

## Issues

1. Whether the charged conduct fell within the offenses covered by the applicable U.S.–Germany extradition treaty and U.S. extradition law.
2. Whether the requesting state’s documentary submissions established probable cause to believe Breyer committed extraditable offenses, despite his denial of personal killings or knowledge.
3. Whether defenses bearing on guilt, intent, knowledge, or humanitarian considerations were proper subjects for adjudication in the extradition hearing.

## Decision

- The court held that the treaty and statutory prerequisites for extradition were satisfied.
- The court found the charged conduct to be covered by the treaty as analogous to murder and related extraditable crimes.
- The court determined there was probable cause, based on authenticated documentary submissions and reasonable inferences from Breyer’s guard role at Auschwitz-Birkenau.
- The court declined to adjudicate defenses directed to ultimate guilt or the fairness of the foreign prosecution.
- The court certified Breyer as extraditable to the Secretary of State under 18 U.S.C. § 3184, leaving surrender to executive discretion.

## Legal Principles

- An extradition court’s role is limited to jurisdiction, treaty validity and scope, treaty coverage of the offense, and whether evidence establishes probable cause; it does not determine guilt or innocence.
- Extradition treaties are construed liberally to permit extradition when treaty requirements are met and no express bar applies.
- The evidentiary standard in extradition is probable cause, comparable to a preliminary hearing, not proof beyond a reasonable doubt.
- In extradition hearings, authenticated documentary evidence may be used; hearsay is admissible and live testimony is generally unnecessary.
- For probable-cause purposes, service as an armed guard in an extermination camp may support an inference of knowing, material participation in mass murder, even without evidence of a personally committed killing.
- Many defenses going to intent, knowledge, coercion, or individualized culpability are reserved for the requesting state’s courts; humanitarian concerns are primarily for the Secretary of State after certification.

## Conclusion

The court certified Breyer as extraditable to Germany, concluding the treaty covered the alleged conduct and that Germany’s documentary evidence established probable cause based on his SS guard service at Auschwitz-Birkenau, while reserving merits defenses and surrender decisions to the foreign court and the executive branch, respectively.


In re Extradition of Breyer, 32 F. Supp. 3d 574 (E.D. Pa. 2014)