A NAZI dubbed "cruel and treacherous" should stand trial for his crimes after allegedly helping oversee the killings of over 3,300 people during the Holocaust, a judge has ruled.
Gregor Formanek, now 100, supported the killing of prisoners at the Sachsenhausen concentration camp in Germany, according to damning evidence.
During this time, his killing of Holocaust victims has been described as "cruel and treacherous".
The former SS guard's attorneys had successfully appealed the ruling, declaring that he had a "permanent incapacity to stand trial".
But the Frankfurt Higher Regional Court overturned the decision on October 22, German outlet reports.
Attorney Hans-Jurgen Forster revealed: "With a decision dated October 22nd, the 7th Criminal Senate of the Frankfurt am Main Higher Regional Court, following an immediate appeal by myself and the public prosecutor's office, overturned the decision of the 2nd Grand Criminal Division of the Hanau Regional Court dated May 6th, 2024, which had rejected the opening of the main proceedings due to the accused F.'s permanent incapacity to stand trial."
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Last May, the Hanau Regional Court chose to excuse the ex-Nazi from prosecution based on medical evidence.
It was the decision to overturn Hanau's ruling by the Frankfurt Higher Regional Court that led to Hanau going back on their initial judgement.
The higher court also rejected a bid by prosecutors and plaintiffs for the case to be tried at Hanau instead.
Formanek was born in Romania to a German-speaking master tailor.
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He joined the SS late in the war, becoming a part of the infamous Nazi squad in July 1943 at Sachsenhausen, which was set up in 1936.
More than 200,000 prisoners passed through Sachsenhausen, notorious for its gas chambers and horrifying medical experiments.
At the end of the war, Formanek was captured by Russia's Red Army and spent just ten years behind bars before being released to find work as a porter.
In later life, Formanek lived in comfort with his wife in a £400,000 apartment near Frankfurt.
The Sun reported the moment that Formanek was ruled unfit to stand trial back in June.
At the time, the ruling sparked disbelief that Formanek might escape prosecution due to his age.
Nazi-hunter Dr Efraim Zuroff, from The Simon Wiesenthal Centre, said: "Today is a very sad day for those of us who consider the prosecution of holocaust perpetrators very important.
"It leaves you with an empty feeling, very empty.
"We can only hope any kind of appeal is successful - but of course, the longer it goes on the greater the chance he will not live long enough - or stay strong enough - to face justice.
"From my perspective they are saying my mission is over - my mission for prosecutions.
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"But the fight continues against the lies - about Holocaust distortion."
Carmen Whitmore, 68, of Market Harborough, Leics., whose uncle, Great Escape pilot Jimmy James, was at Sachsenhausen - previously blasted: "Nazis need to be held accountable."