Defendant: Iwata, Yagoheiji, Sergeant, Japanese Army, Mess Sergeant,
POW Camp No. 2, Fukuoka, Japan
Docket No./ Date: 135/ March 31 - April 3, 1947, Yokohama, Japan
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully mistreat and torture PW (spec 1, 2, 3, 5)
Specifications: beating using among others fists, sticks, wooden clubs,
water-soaked piece of roap;throwing on the ground; hanging by his hands
from a post; holding his head back and forcing him to swallow sea water;
Verdict: 12 years CHL
Reviewing Authority's Recommendations: Accused beat, abused, mistreated
and tortured POWs for violations of camp rules (stealing, illegal items
in possession) or in cases of misunderstandings or for no reason at all.
The accused was usually the ranking Japanese among the others who participated
in the incident and in several of the specifications, the accused began
the beatings/torture and ordered subordinates to continue the beatings/torture.
Reviewing Authority: Accused admitted to striking the victim in spec
2 only 2 or three times, lightly, on the buttocks, and to throwing the
PW on the floor 2 times; the specification was wrong in the scope of the
incident. IN the case of spec 1, the accused saw the incident happening,
but he could not do anything because he was not the ranking senior. When
the accused found mess kits dirty, couple of the PWs were made to wash
these kits and the remainder of the PWs stood until the washing was complete.
He could not recall any other incidents mentioned. Furthermore, he had
no authority to put PW into or take PW out of the guard house.
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. The evidence supports the findings
beyond a reasonable doubt. 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: F. J. Grogan, Captain, JAGD, Assistant Staff Judge
Advocate
Judge Advocate's Recommendations:
