Defendant: Hirano, Ryuma, 1st Lieutenant, Japanese Army, Hokodate Main
PW Camp, Hokkaido, Japan
Docket No./ Date: 127/ May 1 - 9, 1947, Yokohama, Japan
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully mistreat and abuse POW (spec 1,2)
Specifications: beating; imprisoning POW in unheated guard room in below
freezing weather without food, water, blankets or adequate clothing; imprisoning
POWs in guard room without food or clothing;
Verdict: 7 years CHL
Reviewing Authority's Recommendations: Although the dates of the incident
alleged in spec 1 differed between the 2 affidavits and witness, accused
was responsible for this action which was in punishment for having two
handfuls of beans in the victim's possession. Accused beat, slapped and
put POWs in the guardhouse on no rations and/or reduced rations for minor
infractions of the rules (being unable to work, failure to bow, spitting
in the accused's presence, gambling, disobedience of orders). The accused
made POWs work longer because he decided they were working too slowly
in 14 degrees below weather; he required sick and physically unfit POWs
to go to work; Accused ordered guards to beat the POWs for little or no
reason.
Reviewing Authority: The camp commandant stated that the practice of
not giving food to POWs in the guardhouse was a Japanese Army Regulation
handed down in Feb. 1945. He went against this command and stated that
only for the first day would POWs in the guardhouse get no food. Thereafter,
they would get a restricted diet. The working hours and conditions were
contracted between the government and the company and the accused had
no control over it. Accused, furthermore, had no control over who was
put on sick call; it was the duty of the Japanese and Allied medical officer.
When the commandant was not present in the camp, accused stated that he
confined POWs in the guardhouse, not as punishment but for detention pending
the commandant's return and decision. Accused denied that he ever hit
a POW and denied ever ordering guards to hit POWs and denied ever witnessing
a PW being hit. There was no complaints received about beatings despite
the multiple channels available to POWs to directly report to the camp
commandant.
Prosecution Arguments: The record fails to reveal any error which injuriously
affected the substantial rights of the accused or any failure to accord
him a fair trial in every respect. There are some "unfortunate variations
in the date of several incidents as testified to by different witnesses…the
logical presumption, from all the evidence, is that the victim himself
best knows the date on which he was beaten, which evidence, if accepted,
establishes the commission of the offense as alleged." The evidence
given was sufficient to sustain the findings of guilty. There is no evidence
that accused was not sane at the time the alleged acts were committed
and at the time of trial.
Defense Arguments: Mac Alan Freitag, Reviewer
Judge Advocate's Recommendations: No Comment Made
