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Case No.
WO235/1105
Accused
Major Uete Taichi (D1)
Lt. Kuruta Iwao (D2)
Lt. Kawaida Susuma (D3)
Sgt. Kiya Tsuneo (D4)
Sgt. Mizuguchi Mineru (D5)
Sgt. Hakosaki Toshiaki (D6)
Pte. Hanagaki Yoshio (D7)
Civ. Oo Ki (D8)
Court
Military Court for the Trial of War Criminals No. 5
Charge
First Charge (All): Committing a War Crime
“in that they at DAICHOKU near TAIHOKU, Formosa, between November 1942 and September 1945, the accused, Major UETE Taichi as Commandant of P.O.W. Camps, Formosa, and the remainder of the accused, as members of No. 6 Branch Group being responsible for the well being of all Allied P.O.Ws, were, in Violation of the Laws and Usages of War, concerned in the ill-treatment of Allied Prisoners of War, resulting in deaths to some and in physical suffering to others of the said Prisoners of War.”
Second Charge (D1, D2, D3, D4, D5, D7): Committing a War Crime
“in that they at YOBUKU, Formosa, during June 1945, July 1945 and Auguest 1945, the accused Major UETE Taichi as Commandant of P.O.W. Camps, Formosa, and the remainder of the accused as members of his staff, were, in Violation of the Laws and Usages of War, concerned in the ill-treatment of Allied Prisoners of War, resulting in many deaths to some and physical suffering to others of the said Prisoners of War.”
Third Charge (D1, D2, D6) Committing a War Crime
“in that they at MATSUYAMA, Formosa, during July 1945 and August 1945, the accused Major UETE TAICHI as Commandant of P.O.W. Camps, Formosa, and the remainder of the accused as members of his staff, were, in Violation of the laws and Usages of War, concerned in the ill-treatment of Allied Prisnoers of War, resulting in physical suffering to them.”
FourthCharge (D1, D2, D3, D4, D8) Committing a War Crime
“in that they at DAICHOKU, near TAIHOKU, FORMOSA, between November 1944 and March 1945, as members of No. 6 Branch Group being responsible for the well being of all Allied P.O.W.s, were in Violation of the Laws and Usages of War, concerned in the ill-treatment of Allied Prisoners of War, resulting in deaths to some and physical suffering to others of the said Prisoners of War.”
Fifth Charge (D1) Committing a War Crime
“in that he at FORMOSA between March 1945 and September 1945 the accused Major UETE TAICHI as Commandant of P.O.W. Camps, Formosa, was in Violation of the Laws and Usages of War, concerned in the ill-treatment of Allied Prisoners of War at No. 1 Branch Camp – Kinkaseki (later transferred to Kokutsu) resulting in deaths to some and physical suffering to others of the said Prisoners of War.”
“in that they at DAICHOKU near TAIHOKU, Formosa, between November 1942 and September 1945, the accused, Major UETE Taichi as Commandant of P.O.W. Camps, Formosa, and the remainder of the accused, as members of No. 6 Branch Group being responsible for the well being of all Allied P.O.Ws, were, in Violation of the Laws and Usages of War, concerned in the ill-treatment of Allied Prisoners of War, resulting in deaths to some and in physical suffering to others of the said Prisoners of War.”
Second Charge (D1, D2, D3, D4, D5, D7): Committing a War Crime
“in that they at YOBUKU, Formosa, during June 1945, July 1945 and Auguest 1945, the accused Major UETE Taichi as Commandant of P.O.W. Camps, Formosa, and the remainder of the accused as members of his staff, were, in Violation of the Laws and Usages of War, concerned in the ill-treatment of Allied Prisoners of War, resulting in many deaths to some and physical suffering to others of the said Prisoners of War.”
Third Charge (D1, D2, D6) Committing a War Crime
“in that they at MATSUYAMA, Formosa, during July 1945 and August 1945, the accused Major UETE TAICHI as Commandant of P.O.W. Camps, Formosa, and the remainder of the accused as members of his staff, were, in Violation of the laws and Usages of War, concerned in the ill-treatment of Allied Prisnoers of War, resulting in physical suffering to them.”
FourthCharge (D1, D2, D3, D4, D8) Committing a War Crime
“in that they at DAICHOKU, near TAIHOKU, FORMOSA, between November 1944 and March 1945, as members of No. 6 Branch Group being responsible for the well being of all Allied P.O.W.s, were in Violation of the Laws and Usages of War, concerned in the ill-treatment of Allied Prisoners of War, resulting in deaths to some and physical suffering to others of the said Prisoners of War.”
Fifth Charge (D1) Committing a War Crime
“in that he at FORMOSA between March 1945 and September 1945 the accused Major UETE TAICHI as Commandant of P.O.W. Camps, Formosa, was in Violation of the Laws and Usages of War, concerned in the ill-treatment of Allied Prisoners of War at No. 1 Branch Camp – Kinkaseki (later transferred to Kokutsu) resulting in deaths to some and physical suffering to others of the said Prisoners of War.”
Background
Many captured Allied servicemen were detained in Prisoner-of-War (‘POW’) camps in Formosa.
D1 was the Commander of all POW Camps there during the material period. Many of them died from starvation, beri-beri and other diseases "due to lack of sufficient medical care".
D1 was the Commander of all POW Camps there during the material period. Many of them died from starvation, beri-beri and other diseases "due to lack of sufficient medical care".
Allegations
The Prosecution claimed that detainees in POW camps were made to “work and live under impossible conditions”, without adequate food or medical care. They were made to work in mines and factories without suitable precautions to protect them from air raids. Others were forced to contribute towards Japan's war effort by working in a factory. They were also subjected to continual and incessant beatings by the Japanese. Many allegedly died because of the maltreatment. Red Cross parcels and supplies were withheld from them.
Many of the POWs died from starvation, beri-beri and other diseases "due to lack of sufficient medical care".
Many of the POWs died from starvation, beri-beri and other diseases "due to lack of sufficient medical care".
Defence
The Defence denied the allegations, except for D2 who admitted hitting a POW on the face on one occasion with his open hand. The Accused all claimed that the POWs were given ice-cream, tomatoes and cakes on several occasions. Concerts, sing-songs and athletic meetings were often organized. They claimed that the “welfare of the men was attended to as much as possible”. They did their best. They also claimed that they did not receive any reports from POWs about lack of food or sickness.
In responding to the question why there were so many deaths in the camp, the Defence replied that it was mostly due to disease and the mental and physical strain of undergoing air-raids. The shortage of food was admitted but this was because is was difficult for Japan to ship supplies during the prolonged war.
In responding to the question why there were so many deaths in the camp, the Defence replied that it was mostly due to disease and the mental and physical strain of undergoing air-raids. The shortage of food was admitted but this was because is was difficult for Japan to ship supplies during the prolonged war.
Prosecutor
Major M.I. Ormsby (West Yorks)
Defence Counsel
Mr. Kawanami Shigekichi (Member of the Bar Association of Osaka)
Judges
President: Lieut Col R.C. Laming, Barrister (Dept of the JAG, India)
Members: Major R.S. Butterfield (Indian Grenadiers); Capt. J. Benyon (Royal Engineer)
Members: Major R.S. Butterfield (Indian Grenadiers); Capt. J. Benyon (Royal Engineer)
Advisory Officer
L.t D.C.J. Banfield (The Buffs)
Prosecution Witnesses
Major J.T.N. Cross (Regiment)
Rev. Pughe (Reverend)
Capt. E.W. Sowerby (Captain)
H. Middleton (Lance Corporal)
Defence Witnesses
Major Uete Taichi (Army Major)
Lt. Kuruta Iwao (Lieutenant)
Kawaida Susuma (Lieutenant)
Sgt. Kiya Tsuneo (Army Sergeant)
Mizuguchi Mineru (Army Sergeant)
Hakosaki Toshiaki (Army Sergeant)
Pte. Hanagaki Yoshio (Army Private first class)
PTE OO KI (Army Private first class)
Lt. Ishii Minoru (Army Lieutenant)
Wakasugi Jiro (Lieutenant)
Sgt. Fujie Hiroji (Army Medical Sergeant)
Sgt Chiba Arashi (Sergeant)
Sgt. Maj. Yamamoto Katsuto (Former Army Sergeant Major)
Col. Nakano Junichi (Army Colonel)
Sgt. Hakozaki Toshiaki (Sergeant)
Col. Sazawa Hideo (Army Colonel)
L.t Hioki Shiro (Army Lieutenant)
Lt. G.L. Falkoff (Advisory Officer)
Trial Dates
13-Nov-1947
14-Nov-1947
15-Nov-1947
17-Nov-1947
18-Nov-1947
19-Nov-1947
21-Nov-1947
22-Nov-1947
24-Nov-1947
25-Nov-1947
05-Dec-1947
06-Dec-1947
08-Dec-1947
09-Dec-1947
11-Dec-1947
12-Dec-1947
13-Dec-1947
15-Dec-1947
16-Dec-1947
18-Dec-1947
19-Dec-1947
20-Dec-1947
22-Dec-1947
23-Dec-1947
24-Dec-1947
29-Dec-1947
02-Jan-1948
03-Jan-1948
05-Jan-1948
07-Jan-1948
08-Jan-1948
09-Jan-1948
10-Jan-1948
15-Jan-1948
16-Jan-1948
Judgement Date
16-Jan-1948
Judgement
First charge
D1: Guilty, except that “the Court finds that this accused was Commandant of POW Camp Formosa from April 1945 till September 1945 and not from November 1942 till September 1945.”
D2: Guilty, except that “the Court finds that this accused was a member of No. 6 Branch Group from August 24 1943 till September 1945 and not from November 1942 till September 1945.”
D3: Guilty except that “the Court finds that this accused was a member of No 6 Branch Camp from October 1944 till September 1945 and not from November 1942 till September 1945 and except for the words “in deaths to some” and the words “others of”.”
D4: Guilty except that “the Court finds that this accused was a member of No. 6 Branch Group from August 24 1943 till September 1945 and not from November 1942 till September 1945 and except for the words “in deaths to some and” and the words “others of”.”
D5, D6, D7: Not Guilty.
D8: Guilty except that “the Court finds that this accused was a member of the No. 6 Branch Group from January 1944 till September 1945 and not from November 1942 till September 1945 and except for the words “in deaths to some and” and to words “to others of”.”
Second Charge
D1, D2, D3, D4: Guilty.
D5, D7: Guilty except for the words “in many deaths to some and” and the words “others of”.
3rd Charge
D1, D2, D6: Not Guilty.
4th Charge
D1, D2, D3, D4, D8: Not Guilty.
5th Charge
D1: Guilty.
D1: Guilty, except that “the Court finds that this accused was Commandant of POW Camp Formosa from April 1945 till September 1945 and not from November 1942 till September 1945.”
D2: Guilty, except that “the Court finds that this accused was a member of No. 6 Branch Group from August 24 1943 till September 1945 and not from November 1942 till September 1945.”
D3: Guilty except that “the Court finds that this accused was a member of No 6 Branch Camp from October 1944 till September 1945 and not from November 1942 till September 1945 and except for the words “in deaths to some” and the words “others of”.”
D4: Guilty except that “the Court finds that this accused was a member of No. 6 Branch Group from August 24 1943 till September 1945 and not from November 1942 till September 1945 and except for the words “in deaths to some and” and the words “others of”.”
D5, D6, D7: Not Guilty.
D8: Guilty except that “the Court finds that this accused was a member of the No. 6 Branch Group from January 1944 till September 1945 and not from November 1942 till September 1945 and except for the words “in deaths to some and” and to words “to others of”.”
Second Charge
D1, D2, D3, D4: Guilty.
D5, D7: Guilty except for the words “in many deaths to some and” and the words “others of”.
3rd Charge
D1, D2, D6: Not Guilty.
4th Charge
D1, D2, D3, D4, D8: Not Guilty.
5th Charge
D1: Guilty.
Petition
The Advocate General [Unidentified Colonel, DJAG, Far East Land Forces, 3 March 1948] advised dismissal of the petitions from three of the Accused (Major Uete, Lt.Kuruta and Lt.Kawada). These repeated the defence lines that were run at trial.
"There was ample evidence to justify all the findings of the court. It was established beyond doubt, that there were 45 deaths during accused No.1's tenure of office which lasted only four months. He could have done a lot to minimise the death toll but nothing in fact was done. This applied equally to Lt.Kurua and Lt.Kawaida who made no effort to help or alleviate the condition of the P.O.Ws. The evidence against Sgt.Kiya is conclusive....".
"There was ample evidence to justify all the findings of the court. It was established beyond doubt, that there were 45 deaths during accused No.1's tenure of office which lasted only four months. He could have done a lot to minimise the death toll but nothing in fact was done. This applied equally to Lt.Kurua and Lt.Kawaida who made no effort to help or alleviate the condition of the P.O.Ws. The evidence against Sgt.Kiya is conclusive....".
Sentence Imposed
D1: Death by hanging, carried out at Stanley Prison, Hong Kong, on 6 April 1948;
D2: Death by hanging, carried out at Stanley Prison, Hong Kong, on 6 April 1948;
D3: Death by hanging, carried out at Stanley Prison, Hong Kong, on 7th April 1948;
D4: Imprisonment of 13 years;
D5: Imprisonment of 1 year;
D7: Imprisonment of 3 years;
D8: Imprisonment of 18 months.
D2: Death by hanging, carried out at Stanley Prison, Hong Kong, on 6 April 1948;
D3: Death by hanging, carried out at Stanley Prison, Hong Kong, on 7th April 1948;
D4: Imprisonment of 13 years;
D5: Imprisonment of 1 year;
D7: Imprisonment of 3 years;
D8: Imprisonment of 18 months.
Keywords
Formosa; Imperial Japanese Army; Prisoners-of-War; Prisoner-of-War Camp; Poor conditions of detention; "concerned in"; Committed; Forced labour; Unlawful killing; Poor conditions of work; Torture; Cruel Inhuman or Degrading Treatment; Beating; Failure to provide adequate food and/or care; Sickness or Disease; Failure to provide adequate medical care; Red Cross parcels; War Crimes; Violations of laws and customs of war; Military Command Responsibility; Superior Orders; Necessity; Death from natural causes
Remarks
1 lawyer representing 8 Co-Accused.
Major Uete's tenure of office coincided with the last 4 months of the war.
Major Uete's tenure of office coincided with the last 4 months of the war.