French Lawyers Assert Man Tied to Jews' Death Was Nazi

published 14/04/1994 at 12:29 PM by Alan Riding

PARIS, April 13— As the first trial of a Frenchman for crimes against humanity nears its end, lawyers for victims of Nazi persecution are arguing that the defendant, Paul Touvier, ordered the execution of seven Jews in 1944 because he was himself a convinced Nazi.

"This trial has revealed the true face of Touvier, that of a French Nazi," Alain Levy, a lawyer for one of the civil plaintiffs, told the nine-member jury. "The word is not too strong. Masks have fallen away. Touvier cannot fool you."

Joe Nordmann, another prosecution lawyer, described Mr. Touvier as "an auxiliary, an accomplice of the Gestapo," and added, "Touvier wore two helmets -- that of the pro-Nazi French militia and that of the SS."

During four weeks of hearings, a court in Versailles has heard dozens of witnesses testifying to the 79-year-old defendant's role in the execution of the seven Jews, his anti-Semitic views and his protection by French clergy during his 45 years in hiding before his arrest in 1989. Focus on Links to Nazis

But lawyers for the plaintiffs are now focusing on Mr. Touvier's links to the Nazi occupiers because, under French law, the charge of crimes against humanity can only be sustained if it can be shown that he was acting on orders of "a European Axis power" with an anti-Semitic ideology.

In contrast, if the killing of the seven Jews on June 29, 1944, is considered a "war crime," Mr. Touvier will be acquitted because he received a presidential pardon for those crimes in 1971. But crimes against humanity cannot be pardoned and are not affected by any statute of limitations.

As a result, prosecution lawyers are trying to show that the ideology of Nazi Germany was embraced by the collaborationist Vichy regime and carried out by the militia, which Mr. Touvier served as intelligence chief.

"Even Mussolini's Italy, while an ally of Germany, showed more humanity than Vichy's France," Jean-Dominique Bloch, another asserted. Chief Rabbi Testifies

Appearing before the court last week, France's Chief Rabbi, Joseph Sitruk, said the trial would at last enable France to face its collaborationist past.

But the Chief Rabbi also said that France's 500,000 Jews did not confuse Vichy with "the France we love." He added: "I want to pay tribute to France for wanting this trial to happen. I do not condemn France. Admitting a mistake is certainly the highest moral nobility."

In response, the defense lawyer, Jacques Tremolet de Villers, has used every opportunity to argue that Vichy is in the dock. "This is the trial of a man called Paul Touvier and the events at Rillieux," he said, referring to the Lyons suburb where the executions took place.

Mr. Touvier himself has also distanced himself from the Gestapo, even challenging evidence that he was close to Klaus Barbie, the Gestapo chief in Lyons who was condemned for crimes against humanity in 1987 and died in jail in 1991.

With the trial due to end next Wednesday, the public prosecutor, Hubert de Touzalin, will present his final arguments Monday and Mr. Tremolet de Villers will have the final word for the defense Tuesday. If found guilty, Mr. Touvier faces a maximum sentence of life in prison.