Defendant: Araki, Kuniichi, Staff Sergeant
and member of the medical staff of the Armed Forces, Hokodate First Branch
POW Camp, Muroran, Hokkaido, Japn
Docket Date: 45/ June 12-18, 1946, Yokohama, Japan
Charge: Violation of the Laws and Customs of War: 1. Did willfully and
unlawfully commit cruel, inhuman and brutal acts, atrocities and other
offense against certain Allied PW's
Specifications:beating, water torture,
Verdict: Hanged by the neck until dead
Reviewing Authority Recommendations: Prosecution presented 17 unsworn
affidavits to support charge of specification 1: prosecution charged that
beating, making the PW stand for roll call contributed and accelerated
death. Prosecution presented many affidavits and certificates to support
specification 2: prosecution charged that the PW was "beaten..out
of the hospital" while in sick bed and discharged, thereby contributing
and accelerating death. Other instances of beating was presented, many
of whom were "ill." Statements were also provided about specification
4.
Reviewing Authority: (Could not read)
Prosecution Arguments: (could not read opinion) The death sentence, even
if findings under specifications 1 and 2 were justified, is not warranted
because the accused has not been found guilty of homicide: "they
do not support a sentence of death as though the accused had been found
guilty of homicide." Reviewer recommended that the sentence be commuted
to 30 years CHR because specification 1 and 2 had been disapproved as
charged.
Defense Arguments: Cyril D. Hill, Lt. Col. Assistant Staff Judge Advocate
Judge Advocate's Recommendations: Lt. Col. Allan R. Browne, Army Judge
Advocate disagreed with the reviewer concering the findings that specification
1 and 2, as charged, was not proved. He claimed that while 2 was not proved,
1 was. Furthermore, in regards to the recommendation for mitigation of
the sentence, he declared that the law "denied the right of anyone
wrongfully to shorten the life of another no matter what the latter's
life expectancy may be. Such action may be considered murder. 'The law
declared that one who inflicts injury on another and thereby accelerates
his death shall be held criminally responsible therefor.' 26 American
Jurisprudence 192."
