Defendant: Kato, Masayoshi, Medical Orderly, Itchicka POW Camp and Yokkaichi
POW Camp, Osaka, Honshu, Japan
Docket No./ Date: 124/ Jan 28 - Feb 5, 1947, Yokohama, Japn
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully, mistreat and abuse POWs (spec 1, 2,4,5,7)
Specifications: beating using among others fists, belts, slippers, shoes/boots;
Verdict: 25 years CHL
Reviewing Authority's Recommendations: (could not read first part) Accused
with other members of the staff beat POWs constantly. Accused drilled
the POWs and with the smallest mistakes or smallest provocations (refusal
to give accused a cigarette) would punish them with beatings and slappings.
Many times, the accused would pull POWs from their beds in order to beat
them; subsequently many of them died, their "hastened death being
definitely due to the treatment they received."
Reviewing Authority: Accused admitted to beating 4 prisoners in all;
once for repeated failure to give the correct prisoner count, once by
order of superior for stolen medicines (3 POWs). And even on these occasions,
he stated that he struck them lightly with his open hand and that was
it. The accused denied all other alleged acts of mistreatment or abuse.
He had made an error when he said that he had beat prisoners with a slipper
at Yokkaichi POW Camp; he was in the prison when this happened.
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.
The sentence is adequate for the specifications of which the accused was
Defense Arguments: Cyril D. Hill, Lt. Col., CAC, Reviewer
Judge Advocate's Recommendations: (No Comments Made)