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Case No.
WO235/1099
Accused
Capt. Yoshimi Taneyoshi (D1)
Lt. Ishii Minoru (D2)
Lt. Funaoka Masao (D3)
S/Maj. Yamamoto Katsundo (D4)
Sgt. Kawano Mitsutoshi (D5)
Sgt. Sato Atsushi (D6)
Cpl. Yamaguchi Kiyaoshige (D7)
Court
Military Court for the Trial of War Criminals No. 7
Charge
Committing a War Crime
“in that they at DAICHOKU near TAIHOKU, Formosa, between November 1942 and September 1945, the accused Capt. YOSHIMI as Doctor to all the P.O.W. Camp groups, the accused Lieut. ISHII as Camp Commandant of No. 6 Branch Group DAICHOKU and the remainder of the accused as members of the said No. 6 Branch Group Staff, being responsible for the well being of all British and Allied Prisoners of War, were, in Violation of the Laws and Usages of War, together concerned in the illtreatment of Allied Prisoners of War, resulting in the deaths of 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 Capt. YOSHIMI as Doctor to all the P.O.W. Camp groups, the accused Lieut. ISHII as Camp Commandant of No. 6 Branch Group DAICHOKU and the remainder of the accused as members of the said No. 6 Branch Group Staff, being responsible for the well being of all British and Allied Prisoners of War, were, in Violation of the Laws and Usages of War, together concerned in the illtreatment of Allied Prisoners of War, resulting in the deaths of some and physical suffering to others of the said Prisoners of War.
Background
Capt. Yoshimi (D1) was Doctor to all POWs at Daichoku.
Lt Ishii (D2) was the Camp Commandant of No. 6 Branch Group, where the remaining accused (D3-7) were members of staff.
Lt Ishii (D2) was the Camp Commandant of No. 6 Branch Group, where the remaining accused (D3-7) were members of staff.
Allegations
The Prosecution alleged ill-treatment of detainees, which resulted in physical suffering and many deaths. Alleged maltreatment included beatings, torture, unjustified detention, insufficient food, water and clothing, lack of medical attention and supplies, unhealthy living conditions, theft of goods and inadequate anti-malarial precautions.
Specifically, D1, as the Doctor, allegedly failed to provide medical care and indiscriminately discharged patients and exposed them to work despite the fact that they were physically unfit. He also allegedly allowed his orderlies to put sick prisoners on physical training. 26 POWs died at his camp during his tenure of office.
D2 allegedly permitted severe beatings and other unjust punishments to be administered to POWs, having knowledge of the torture, lack of food, misappropriation of Red Cross supplies in the camp.
D3, as the Administrative Officer, allegedly made the existence of the POWs unbearable by unnecessarily prolonging roll calls, imposing collective punishments, reducing their rations, depriving them of their infrequent holidays by holding inspections, beating and permitting his sentries to beat and made the POWs work while sick, and misappropriating their funds and live-stock.
D4 and D5 were alleged to have carried out the beatings of several POWs.
D6 was the Camp Medical Sgt. He allegedly took part in making the sick do physical exercises and made them stand for unnecessarily long periods.
D7 was the Camp Medical Orderly. He allegedly beat the POWs and caused them physical and mental suffering.
Specifically, D1, as the Doctor, allegedly failed to provide medical care and indiscriminately discharged patients and exposed them to work despite the fact that they were physically unfit. He also allegedly allowed his orderlies to put sick prisoners on physical training. 26 POWs died at his camp during his tenure of office.
D2 allegedly permitted severe beatings and other unjust punishments to be administered to POWs, having knowledge of the torture, lack of food, misappropriation of Red Cross supplies in the camp.
D3, as the Administrative Officer, allegedly made the existence of the POWs unbearable by unnecessarily prolonging roll calls, imposing collective punishments, reducing their rations, depriving them of their infrequent holidays by holding inspections, beating and permitting his sentries to beat and made the POWs work while sick, and misappropriating their funds and live-stock.
D4 and D5 were alleged to have carried out the beatings of several POWs.
D6 was the Camp Medical Sgt. He allegedly took part in making the sick do physical exercises and made them stand for unnecessarily long periods.
D7 was the Camp Medical Orderly. He allegedly beat the POWs and caused them physical and mental suffering.
Defence
D1 denied that he was the doctor to all the POWs. He maintained that he was only responsible as technical adviser on medical matters to the Chief Commandant, who was responsible for the medical care and health of POWs. He attributed the shortage of drugs to the Chief of the Medical Department.
D2 denied that he was ever appointed Camp Commandant. He admitted one occasion when he was ordered to beat a POW but denied allegations of other ill-treatment.
D3 suggested that the rule in the camp was that a POW would only be treated as being sick if he bore a “tally” that he was sick. He admitted imposing collective punishment but denied misappropriation of POW properties or permitting his sentries to beat POWs and make sick POWs work.
D4, D5 and D6 denied taking part in beatings or other ill-treatment of POWs.
D7 admitted 4 assaults on POWs but denied other allegations of ill-treatment.
D2 denied that he was ever appointed Camp Commandant. He admitted one occasion when he was ordered to beat a POW but denied allegations of other ill-treatment.
D3 suggested that the rule in the camp was that a POW would only be treated as being sick if he bore a “tally” that he was sick. He admitted imposing collective punishment but denied misappropriation of POW properties or permitting his sentries to beat POWs and make sick POWs work.
D4, D5 and D6 denied taking part in beatings or other ill-treatment of POWs.
D7 admitted 4 assaults on POWs but denied other allegations of ill-treatment.
Prosecutor
Major M.I. Ormsby (West Yorks Regiment)
Defence Counsel
Mr. Tanaka Yutaka (Japanese Barrister)
Judges
President: Lt. Col. N.G. Wait (Intelligence Corps)
Members: Major A. Clayworth (Royal Army), Lt. D.C.J. Banfield (Buffs)
Members: Major A. Clayworth (Royal Army), Lt. D.C.J. Banfield (Buffs)
Advisory Officer
2nd/Liet. G.L. Falkoff (The Buffs)
Prosecution Witnesses
Rev. T.J. Pugh (Reverend)
Cap E.W. Sowerby (Captain)
Defence Witnesses
Yoshimi Taneyoshi (Army Medical Captain)
Ishii Minoru (Army Lieutenant)
Funaoka Masao (Army Lieutenant)
Yamamoto Katsundo (Sergeant Major)
Kawano Mitsutoshi (Army Sergeant)
Sato Atsushi (Army Medical Sergeant)
Yamaguchi Kiyaoshige (Soldier: Medical Second Class Private)
Col. Nakano Junichi (Army Colonel)
Sgt. Hakozaki Toshiaki (Sergeant)
Lt. Oita Yoshijiro (Army Lieutenant)
Wakasugi Jiro (Army Lieutenant)
Lt Hioki Shiro (Army Lieutenant)
Trial Dates
17-Nov-1947
19-Nov-1947
21-Nov-1947
22-Nov-1947
24-Nov-1947
25-Nov-1947
26-Nov-1947
27-Nov-1947
28-Nov-1947
29-Nov-1947
02-Dec-1947
03-Dec-1947
04-Dec-1947
10-Dec-1947
11-Dec-1947
Judgement Date
11-Dec-1947
Judgement
D1, D2, D3, D4, D5, D6, D7: Guilty
Petition
D1 and D2 lodged Petitions. According to the Judge Advocate [unidentified Colonel, DJAG, Far East Land Forces, 4 February 1948], they were “merely reiterating” the evidence given at trial. D3 submitted a Petition for reduction of sentence.
In concluding his review of the case, the Judge Advocate advised that “There is sufficient evidence to support the Findings of Guilty and the Sentences are legal. I advise that the sentences be confirmed”. He advised that the Petitions should be dismissed.
In concluding his review of the case, the Judge Advocate advised that “There is sufficient evidence to support the Findings of Guilty and the Sentences are legal. I advise that the sentences be confirmed”. He advised that the Petitions should be dismissed.
Sentence Imposed
D1: Imprisonment of 7 years;
D2: Imprisonment of 8 years;
D3: Imprisonment of 4 years;
D4: Imprisonment of 1 years;
D5: Imprisonment of 6 months;
D6: Imprisonment of 18 months;
D7: Imprisonment of 8 years.
D2: Imprisonment of 8 years;
D3: Imprisonment of 4 years;
D4: Imprisonment of 1 years;
D5: Imprisonment of 6 months;
D6: Imprisonment of 18 months;
D7: Imprisonment of 8 years.
Keywords
Formosa; Imperial Japanese Army; Prisoners of War; Sick or wounded; Prisoner of War Camps; Poor conditions of detention; Collective punishment; Unlawful killing; Torture; Cruel Inhuman or Degrading Treatment; Beating; Neglect; Failure to provide adequate food and/or care; Failure to provide adequate medical care; Stealing; Doctor; "together concerned in"; Committed; War Crimes; Violations of laws and customs of war; Military Command Responsibility; Scope of responsibilities
Remarks
1 lawyer representing 7 Co-Accused.
See the related Formosa cases.
See the related Formosa cases.