Defendant: Uwamori, Masao, Camp Commander, Tokyo Area Sub-Camp 3-D, 10-D,
and 11-D
Docket No./ Date: 133/ April 14 - 28, 1947, Yokohama, Japan
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully mistreat and abuse POWs (spec 1-3) 2. Did willfully disregard
and fail to discharge his duty as Commanderr by ordering, compelling or
permitting Allied PWs to perform work and services connected with the
operations of war (spec 4) 3. DIdd unlawfully disregard and fail to discharge
his duty as Commander to restrain and control the memberss of his command
and persons under his control and supervision by permitting them to commit
atrocities and offenses against POWs (spec 5b-n,p,q,s,t,w-ii,kk,ll,nn,oo,rr,tt,uu,ww-bbb,eee-hhh,jjj-mmm,vvv-xxx,cccc,ffff,hhhh,
spec 8a, b, spec 9b,c) 4. Did willfully and unlawfully order, impose and
permit or fail to prevent collective punishments being imposed on groups
of PWs for offenses alleged to have been committed by individual PWs (spec
6)
Specifications: beatings; causing PWs to do work or services connected
with operations of war; command responsibility;
Verdict: 3 years CHL
Reviewing Authority's Recommendations: Accused struck or slapped PWs
for violations of camp regulations (selling underclothing, argument with
foreman at worksite, calling the Japanese civilians "Japs").
The subordinates of the accused beat and abused prisoners on various occasions
for no reason or for minor violations of camp regulations.
Reviewing Authority: Accused ordered guards not to beat the prisoners.
Accused was never seen slapping a PW. Accused was a good commander: visited
sick prisoners; played baseball with prisoners; maintained a book for
complaints for the prisoners upon which he acted; interfered with the
manner in which the factory officials handled prisoners including withdrawing
complete work details from the factory from time to time to correct some
evil, despite having no authority; refusing to send prisoners to work
without rice raincoats; allowed prisoners to leave camp with guards to
purchase supplies. Accused was removed by the Commandant of the Tokyo
Main POW Camp from Camps 3D and 10D because the accused's friction with
those guards/civilians at the shipyards. Accused did as much for the prisoners
as he could, even at the risk of his own reputation. During the time when
the first 3 specifications happened, his subordinates and company employees
were thinking more and more ill of him because of the increasing raids;
he feared that if he were too easy in his treatment of these prisoners,
during his absence, the prisoners would be treated more harshly; that
is why he took such steps. After these acts against the prisoner, they
did not break the rules; the company employees and his subordinates held
no further ill will towards him. He believes it had a psychologial effect
on the prisoners, company employees and his subordinates. The work that
the prisoners did was through a contract between the company and the War
Ministry: he had no control over it. The acts that he did recall, mentioned
in the specifications, were usually dealth with by forcing the Japanese
guard to apologize and by cutting the pay of the guard: these incidents
were usually reported to him by the POW officer in charge. He did not
recall many of the other incidents.
Prosecution Arguments: The commission in open court stated that the sentence
adjudged was meant to be a "token" sentence and that, because
of the time the accused had spent in prison prior to the time of setnence,
it be recommended that the sentence be suspended subject ot accused's
good behavior. The reviewer stated that "it appears, from the record
and other sources, that accused, although technically guilty of certain
offenses, in many other ways went far beyond his duty in order to make
the conditions of the POWs as good as possible under the circumstances,
so far beyond, in fact, that he was relieved of command because of his
humane treatment of prisoners. This treatment was of such a nature that
he was considered disloyal to his own country at the time of her greatest
crisis." So, the reviewer recommended that the sentence of the accused
be suspended.
Defense Arguments: Paul E. Spurlock, Reviewer
Judge Advocate's Recommendations: (No Comments Made)