Defendant: Asari, Eiji, Sergeant, Hokodate
First Branch PW Camp, Muroran, Hokkaido, Japan
Docket Date: 43/July 26 - Aug. 9, 1946, Yokohama, Japan
Charge: Violation of the Laws and Customs of War: 1. Did willfully and
unlawfully commit cruel and brutal acts, atrocities and other offenses
against certain Allied PWs.
Specifications:beating using fire shovel, fists, etc
Verdict: 25 years CHL
Reviewing Authority Recommendations: Accused was a sergeant at the PW
camp who was identified as being responsible for the acts alleged. Accused
beat prisoners on the slightest provocation. Accused was even punished
on two occasions for mistreating PWs by the camp commander
Reviewing Authority: Accused denied the specifications as charged. He
admitted striking PWs for violations of regulations. He thought he was
doing so for their own good: he did not understand the customs of foreigners
because of his "incomplete education."
Prosecution Arguments: Record is legally sufficient to support the findings.
That it was directly ordered that they were ordered to treat PWs in the
same manner as in the Japanese Army "does not free this accused from
the guilt of his acts."
Defense Arguments: Paul E. Spurlock, Reviewer, Judge Advocate Section
Judge Advocate's Recommendations: Lt. Col. Allan R. Browne found that
the sentence of 25 years for the accused, despite havign been convicted
of only 1 specification was appropriate because that specification included
"many instances of vicious brutalities."