Minemo, Genji, Civilian Guard, POW Camp No. 3, Kyushu, Japan
Docket No./ Date: 46/June 25-28, 1946, Yokohama, Japan
Charge: Violation of the Laws and Customs of War: 1. Did willfully and
unlawfully, commit cruel, inhuman and brutal acts, atrocities and other
offenses against certain American and Allied PWs.
Specifications: beating, kicking, water torture, burning using wood,
lighted cigarettes and burning pokers, forcing to stand/kneel in snow
w/out adequate protection
Verdict: 20 years CHL
Reviewing Authority's Recommendations: Affidavits were used to discern
the guilt of the accused. The accused was a guard at the camp. The accused
was identified as one of the guards responsible for committing these acts
and for "trifling offenses."
Reviewing Authority: Accused denied committing any of the acts listed
in the specifications: no one saw him do it nor did they hear that he
had done it. Accused denied knowing the prisoners accusing him of beating
and torturing them.
Prosecution Arguments: The record is legally sufficient to support the
findings. The evidence supports the findings. The Prosecution "introduced
testimony by means of sworn statements of prisoners who had been interned
in the camp and were in a position to know the facts of the matters."
There is no evidence that the accused was not sane at the time that the
acts were committed and at the time of trial.
Defense Arguments: Paul E. Spurlock, Reviewer, Judge Advocate Section
Judge Advocate's Recommendations: Lt. Col. Allan R. Browne, Army Judge
Advocate found that the evidence presented for Specification 8 did "not
sustain the allegations beyond a reasonable doubt" because the two
affidavits presented contradict each other as to the identity of the victim's
assailant. However, the sentence is upheld because the sentence is inadequate
for the cruelty of the beatings and tortures in the other 9 specifications