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Case No.
WO235/1036
Accused
Lt. Oita Yoshijiro (D1)
Lt. Ashida Tsumoru (D2)
Court
Military Court for the Trial of War Criminals No. 5
Charge
Committing a War Crime
in that they “at or near KINKASEKI CAMP, FORMOSA, between 14th November, 1942, and January, 1944, whilst members of the Camp Staff were, contrary to the Laws and usages of war, together concerned in the illtreatment of Prisoners of War in their custody, causing suffering to the said Prisoners of War.”
in that they “at or near KINKASEKI CAMP, FORMOSA, between 14th November, 1942, and January, 1944, whilst members of the Camp Staff were, contrary to the Laws and usages of war, together concerned in the illtreatment of Prisoners of War in their custody, causing suffering to the said Prisoners of War.”
Background
Lt. Oita Yoshijiro (D1) was the Officer in Charge of the camp under Captain Wakayama during the period mentioned in the charge. Ashida Tsumoru (D2) was a Lieutenant in the same camp.
Allegations
D1 was accused of committing three specific acts of brutality: (1) fifteen hospital patients were paraded and made to stand for four hours; (2) eleven POWs were made to stand to attention, beaten and then made to work all day; (3) some POWs were made to run round in a circle on a cold morning. D1 was accused of having threateningly waved a golf club to encourage those who did not move fast enough.
There was also a forced march of certain of the POWs from Zeho to Kinkaseki, during which those who were unable to keep up due to sickness were abused. D2 was said to have taken part and to have been the OIC. D2 was accused of being the OIC of the brutality by D1 described above.
One witness testified and sworn statements from three people (John Owen Edwards, James Frederick Crossley, Yoshida Hokosaku) were submitted.
There was also a forced march of certain of the POWs from Zeho to Kinkaseki, during which those who were unable to keep up due to sickness were abused. D2 was said to have taken part and to have been the OIC. D2 was accused of being the OIC of the brutality by D1 described above.
One witness testified and sworn statements from three people (John Owen Edwards, James Frederick Crossley, Yoshida Hokosaku) were submitted.
Defence
The Defence started by describing the amount of evidence produced as “surprisingly small”, and asserting that the evidence failed to prove the allegations beyond a reasonable doubt.
It was also pointed out that none of the witnesses, in person or in the document, actually alleged they had actually suffered ill-treatment. All of them only claimed that they saw ill-treatment. The defence asked the Court to draw its own conclusion from this evidence.
In rebutting Crossley’s (PW2) testimony that D1 beat the prisoners, the defence alleged that that the witness failed to say whether a scabbard sword or a golf club was used. It was suggested that if he could see clearly enough to identify D1, he must have been able to know which of the two was used.
Concerning the forced march, it was suggested that a march of such distance along a road should not cause any grave difficulties to the average soldier on a normal day and under normal conditions. On top of that, although the Prosecution may argue that the weather made it “difficult for the prisoners”, D2 was only acting under the orders of his Camp Commandant and acted in accordance with his instructions.
A number of Japanese medical officers testified and suggested that the POWs were in a fit condition to make the march. It was also claimed that before the march, not one of the POWs complained that he was not fit for it or took advantage of the opportunity to travel in the bus provided for the sick.
On lack of food in the camp, D2 claimed that it was not his responsibility but the Camp’s Commandant.
Concerning the patients, D2 claimed that a bus was actually arranged for them. He made it clear to the POWs through the interpreter that this facility was available. Some POWs did not use it because they were suspicious of it and tried to walk on their own. Concerning the forced standing, it was claimed to be due to delay, but not by any negligence on the part of D2.
Finally, concerning the ill-treatment and beating, it was said that D2 “did everything possible both before and during the march to ensure that the guards did not ill-treat the prisoners”.
It was also pointed out that none of the witnesses, in person or in the document, actually alleged they had actually suffered ill-treatment. All of them only claimed that they saw ill-treatment. The defence asked the Court to draw its own conclusion from this evidence.
In rebutting Crossley’s (PW2) testimony that D1 beat the prisoners, the defence alleged that that the witness failed to say whether a scabbard sword or a golf club was used. It was suggested that if he could see clearly enough to identify D1, he must have been able to know which of the two was used.
Concerning the forced march, it was suggested that a march of such distance along a road should not cause any grave difficulties to the average soldier on a normal day and under normal conditions. On top of that, although the Prosecution may argue that the weather made it “difficult for the prisoners”, D2 was only acting under the orders of his Camp Commandant and acted in accordance with his instructions.
A number of Japanese medical officers testified and suggested that the POWs were in a fit condition to make the march. It was also claimed that before the march, not one of the POWs complained that he was not fit for it or took advantage of the opportunity to travel in the bus provided for the sick.
On lack of food in the camp, D2 claimed that it was not his responsibility but the Camp’s Commandant.
Concerning the patients, D2 claimed that a bus was actually arranged for them. He made it clear to the POWs through the interpreter that this facility was available. Some POWs did not use it because they were suspicious of it and tried to walk on their own. Concerning the forced standing, it was claimed to be due to delay, but not by any negligence on the part of D2.
Finally, concerning the ill-treatment and beating, it was said that D2 “did everything possible both before and during the march to ensure that the guards did not ill-treat the prisoners”.
Prosecutor
Major M.I. Ormsby (West Yorks)
Defence Counsel
Mr. Kawanami Shigekichi (Member of the Bar Association of Osaka)
Judges
President: Lt. Col R.C. Laming, Barrister (Dept of the JAG, India)
Members: Major R.S. Butterfield (Indian Grenadiers); Major J.T. Loranger (Canadian Army, JAG Branch)
Members: Major R.S. Butterfield (Indian Grenadiers); Major J.T. Loranger (Canadian Army, JAG Branch)
Advisory Officer
Lieut D.C.J. Banfield (The Buffs)
Prosecution Witnesses
Major M.I. Ormsby(Prosecutor)
Major J.T.N. Cross(Major; prisoner of the Japanese)
Defence Witnesses
Lt. OitaYoshijiro(Accused)
Lt. Ashida Tsumoru(Accused)
Kuwabara Hirose(Former Army Lieutenant)
Kuribayashi Shigeru(Medical Orderly)
Tashiro Toranosuke(Medical Sergeant)
Ueno Mitsuo(Army Medical Corporal)
Trial Dates
02-Jul-1947
03-Jul-1947
04-Jul-1947
08-Jul-1947
Judgement Date
08-Jul-1947
Judgement
Lt. Oita Yoshijiro: Guilty of the charge except that “the court find that dates of the charge should be from 14th November 1942 until March 1943, and except for the word “together”.
Lt. Ashida Tsumoru: Not Guilty.
Lt. Ashida Tsumoru: Not Guilty.
Petition
There is no record of any Petitions.
The Judge Advocate [Unidentified Brigadier, DJAG, Far East Land Forces, 20 August 1947] advised that the findings and sentences be confirmed. "There was no evidence that No. 2 accused actually took part in the beating but merely that he was in charge of the escort party and walked up and down the P.O.W. column while they were on the march. There was ample evidence to convict No. 1 accused."
The Judge Advocate [Unidentified Brigadier, DJAG, Far East Land Forces, 20 August 1947] advised that the findings and sentences be confirmed. "There was no evidence that No. 2 accused actually took part in the beating but merely that he was in charge of the escort party and walked up and down the P.O.W. column while they were on the march. There was ample evidence to convict No. 1 accused."
Sentence Imposed
Imprisonment of 18 months of D1 (Lt.Oita).
Keywords
Formosa; Prisoners of War; Sick and wounded; Prisoner of War Camp; Imperial Japanese Army; "concerned in"; Committed; Ordered; Cruel Inhuman or Degrading Treatment; War Crimes; Violations of laws and customs of war; Neglect; Failure to provide adequate food and/or care; Starvation; Failure to provide adequate medical care; Marching; Forced transfer/deportation; Ordered; Superior Orders; Marching; Command Responsibility; Military Command Responsibility
Remarks
See the other Kinkaseki Camp cases: WO/235/954; WO/235/1028; WO/235/905.