Defendant: Fukunaga, Takeo, Civilian Medical Orderly, Hiroshima PW Branch
Camp No. 6, Yamaguchi, Honshu, Japan
Docket No./ Date: 42/June 25, 1946, Yokohama, Japan
Charge: Violation of the Laws and Customs of War: 1. Did willfully and
unlawfully commit cruel and brutal acts against American and Allied PW's
Verdict: 2 years CHL
Reviewing Authority's Recommendations: Prosecution presented sworn affidavits
and record of another commission trial in supporting the accusations.
Reviewing Authority: 1. Claimed that he was transferred to another hospital
not because of the incident alleged in specification 2 but because he
did not get along with the physicial. 2. Did not recall striking individuals
except Cook, whom he slapped. 3. Claimed that he did not know what he
was doing when he slapped Cook because he had been ill. Claimed that he
apologized to Cook for slapping him.
Prosecution Arguments: Record is legally sufficient to support the findings.
Accused admitted that he was not sick at the time of the slapping: thus,
it must have been "deliberately administered." Illness as a
reason for mistreating PWs "certainly should not be a mitigating
cicumstance of such proportion that would relieve him of responsibility
for this sadistic and inhuman treatment."
Defense Arguments: Paul E. Spurlock, Reviewer, Judge Advocate Section
Judge Advocate's Recommendations: