Defendant: Ogasawara, Kiyoshi, Civilian Employee, Sendai POW Camp No.
4, Ohasi, Japan
Docket No./ Date: 121/ July 14 - 17, 1947, Yokohama, Japan
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully mistreat and abuse POWs (spec 1, 2, 4)
Specifications: slapping; beating using among others wooden sword, stick;
kicking
Verdict: 3 years CHL
Reviewing Authority's Recommendations: Accused slapped POWs for not doing
morning exercises; accused also beat and mistreated POWs who had not gone
to work due to sickness; he also made them do formations and beat them
further when they could not do the formation.
Reviewing Authority: While the accused did admit slapping POWs for refusing
to do morning exercises, he denied the rest of the charges. He denied
that he had orders from the camp commander to strike POWs; in fact, the
camp commander directed that prisoners were not to be struck. Furthermore,
he never attended sick call; he did not even know what time sick call
happened. Witnesses corroborated this testimony.
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 given, however, is inadequate.
Defense Arguments: Cyril D. Hill, Lt. Col., CAC, Reviewer
Judge Advocate's Recommendations: Allan R. Browne, Lt. Col. JAGD, stated
that he felt the findings of guilty for war crimes "such as those
established in this case demands a sentence greatly in excess of"
those given. "Nevertheless, pre-trial confinement is in no way to
be considered as confinement served in expiation for offenses of which
an accused is later convicted. THerefore a reviewing authority should
consider such restraint entirely separately from that adjudged by a commission.
The blackest rogue is entitled to an early trial under the enlightened
rules of civilized nations. When trials are postponed, as this one was,
because of the great number of those awaiting justice, fair allowances
should be made for undue pre-trial confinement regardless of the inadequacy
of a sentence. THis is all the more true since commissions are instructed
that pre-trial confinement is not to be considered in adjudging sentences."
