Defendant: Watanabe, Katsunosuke, Civilian Policeman, Commander of Yamakita
Camp No. 1
Docket No./ Date: 142/ Jun 17-24, 1947, Yokohama, Japan
Charge: Violation of the laws and customs of war: 1 Did unlawfully disregard
and fail to discharge his duty by refusing and failing to authorize and
provide necessary medical caree, hospitalization and medicines to POW
(spec 1) 2. Did willfully and unlawfully, on several occasions, mistreat
and abuse POWs (spec 2,9) 3. Did unlawfully misappropriate, withhold and
convert to his own use food intended for the use and benefit of the Allied
civilian internees (spec 8) 4. Did unlawfully disregard and fail to discharge
his duty to control and restrain members of his command and persons under
his supervision and control by permitting the to unlawfully mistreat,
torture and abuse Allied Civilian Internees (spec. 10)
Specifications: beating using among others stick, fists; forcing individual
to sit on bed for days; refusal to permit civilian internee to be seen
by a doctor; cutting down food rations; giving food to visitors rather
than internees; taking home food on the weekends that was supposed to
be from internees' rations;
Verdict: 12 years CHL
Reviewing Authority's Recommendations: Accused refused to give permission
to get a doctor for a sick civilian internee even when asked by the civiian
in charge of the infirmary. Accused beat, abused and mistreated and ordered
his subordinates to beat civilian internees for no actual reason, except
for the confession of stealing which was made while being beat on one
occasion. Accused also deprived these mistreated and abused internees
of privileges at the camp that included food and clothing. Food that was
supposed to go to the internees was seen being carried out by guests of
the accused; he cut down rations of the internees as well. The accused
did nothing to take measures to prevent beatings of civilian internees
despite complaints about beatingss.
Reviewing Authority: Accused stated that he had called for the doctor
but the doctor was out;; he never refused to call a doctor. When he left
camp, he told subordinates to get hold of a dcotr. He admitted to striking
the civilian internees mentioned in the spec. on 3 occasions each for
stealing, but never hard enough to blow out his eye or ear. The Prefecture
prescribed the amount of food to be given to each individual; he had no
control over it. There was allotted rations for his official guests; others
brought their own food with them. He did not use them for his own purposes
nor did he give his guests their food. He never told his subordinates
to strike internees; he forbid it.
Prosecution Arguments: In response to the request for clemency submitted
by the law member and the defense Motion for Disapproval of Findings and
Modificatio of Sentence, the revieweer stated the following; "in
view…of the plea for clemency by the law member, supra, and of the
fact that out of a group of approximately 50 internees, practically all
of the offenses were provoked by only 2 persons...a demented internee,
whose behavior was very unusual and aggravatinjg, and Quini, whose conduct
could certainly not be considered above reproach, which fact although
not condoning the offenses is such as to merit consideration in mitigation
of the sentencer, it is recommended" that the motion be granted and
sentence reduced to 8 years.
Defense Arguments: C.T. McEniry, Lt. Col., QMC, Reviewer
Judge Advocate's Recommendations: Allan R. Browne, Lt. Col. JAGD, stated
that he felt the sentence to be appropriate and not excessive becausee
the evidence indicates that a "pattern of cruelties existee in the
camp of about 50 internees commanded by the accussed to the extent that
he had constructive knowledge thereof. In fact, he was personally present
when his guards and internee Downs brutally mistreated prisoners; yet
he did nothing to deter the offendors. Under the proof of multiple mistreatments
involving many separate abuses, the sentence...is believes to be appropriate
and not excessive."
