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BEFORE THE MILITARY COMMISSION convened by tho COMMANDING GENERAL U~ited Statea Army Forca8 Western Pacit'io
UNITED STATES OF AMER ICA ) ) ARRAIGIDdE 1'lT AND VS ) Morio MATSUZAKI ~ PUBLIC TRIAL
VOLUME I
PAGES l TO 36 I NCL .
MAN I LA , P . I • DATE: 5 August 1946 COPY NO : // ) t I
HEADQTTJ\'RTEflS UNI TSD STAT~ S Amrr FOflCES WEST~RN PACIFIC Military Commission ) APO 707 : 21 Novembe r 1946 Orders No • • •• .•.•• 11 ) Before a M!iitary Commission which convened a t the High Commissioner 1 s Residence , Ma nila, Philippine Islands, on 5 August 1946, pursuant to Letter Order, General Headquarters, SCAP, AG 000 . 5 (29 May 46)LS '1at9C. 29 May 1946 , Subject: "Trial of Mo rio 11 Matsuzaki , with indorserr.ent thereto, General Headquarters, AFPAC : dated 29 May 1946 , and paragraph 2 , Speci al Orders 173, this head quar t ers, 30 July 1946, was arraigned and tried: Morio MATSUZAKI, I mperial Japanese Army, 51J-58500.
C HARG~ : That Morio MATSUZAKI, ISN 51J-58500, formerly Ser geant in the Imperial Japanese Army, during the time and at the places hereinafter sp~cified and while a state of war eyisted between the Uni ted States 0f Ameri ca, its allies and dependencies, And Japan, di d violate the laws a r.:.d customs of war. Specification 1: (As amended) In that Morio MATSUZAKI , in the month of September 1943, during a time of war between the United States of America , its allies and dependencies, and Japan, did, at Barrio Alagin3y, Sara, :10110, Philippines, t orture and brutall y mistr eat Pedl"o ! RAYA , an unarmed, noncombatant civilian, in violation of the laws and customs of war . Specifications 2 to 6 were deleted. Specification 7: In that Morio MATSUZAKI, together with other membe rs of the I mperial Japanese Army, in the month of Oct ober 1943, during a t ime of war between the United States of America , its allies and dependencies, and Japan , did, at B~tan , Ca pi z , Phili ppines , torture and brutally mi s treat an unascertained number of unidentifi ed , unarmed, noncombatant civilians , in vio lation of the laws of wa r. Specification 8: (As amended) In that 1.fo r io UATSUZAKI, in the month of August 1943, during a time of war between the United States of Amer ica, its allies and dependencies, and Japan, did , a t or ne2 r. barrio Parara, Tigb3uan, Iloilo, Philippines , t orture and brutally mistr eat one TRISTEZA , an unarr.ted , i:oncombatant civilian, in violati on of the laws and customs of war, PLEAS To ull S pecL.' ica tions and t he Charge: "GUILTY" FINuJ NG 3 Of Specification 1, as amended: GUILTY Of Specif ication 7 1 GUILTY Of Speci fication 8 , as amended : GUILTY Of the Charge : GUILTY SENT:.NCE To be confined at hard labor at such places as the Reviewing Autho rity may direct , for a period of five (5) years . The sentence was adjudged 5 August 1946 . The sentence is approved and will be duly executed. Sugamo Prison, Tokyo, Japan, is designated as the place of confinement. BY COMrfA.ND OF MAJOR Gl!:Nf.RAL UOORE:
J, G. CfffiISTIANSEN Major General, USA Deputy Commander and Chief of Staff OFFICIAL a
I!.GGRHARDT Colonel, AGD Adjutant General DISTRIBUTION: Same as AR 310-50 and changes thereto, and 6 - CINCAFPAC 15 - Legal Sec, SCA? 3 - Legal Sec, AFPAC (Manila Br3nch) 3 - CG, AF"WSSPAC 3 - AG, AFW~SPAC 2 - PM, AFWESPAC 6 - Exeo . Off, War Crimes Trials, AF"J/1:SFAC 2 - co, Philippine Detentioil and Rehebilitation Center, APO 75, 2 - CO, LUPOW #1
I
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.f / HEADQTTARTERS UN I T~D STATSS AU:·fY FOflCES "IESTSRN PACIFIC Military Commission ) APO 707 : 21 Novembe r 1946 Orders No ••••.••• 11) Before a Mi .l jta ry Commission whi ch convened at the High Commissioner ' s Residenee , M3 nila, Philippine Islands, on 5 August 1946, pursuant to Letter Order, General Headquarters, SCAP, AG 000 . 5 (29 May 46)LS CHA RG~: That Morio MATSUZAKI, ISN 51J-58500 , formerly Ser geant in the Imperial Japanese Army, during the time and at the places he ~e inafter spacified and while a state of war existed be tween the United States 0f Americas its allies and dependencies, and Japan, di d violate the laws a::d customs of war. Specification 1: (As amended) In that Morio MATSUZAKI, in the month of September 1943, during a time of war between the United States of America, its allies and dependencies, and Japan, did, at Barrio Alaginay, Sara, :loilo, Philippines, torture and brutall y mistrea t Ped:i.--o !RAYA, an unarmed, noncombatant civilian, in violation of the laws and customs of wa r. Specifications 2 to 6 were deleted. Specjfication 7t In that Mor1o MATSUZAKI, together with other members of the I mperial Japanese Army, in the month of Oct ober 1943, during a time of war between the United States of America, its allies and dependencies, and Japan, did, at B:Jtan, Capiz, Phili ppines , torture and brutally mistreat an unascerta ined nt!Dlber of unidentified, unarmed, noncombatant civilians, in vio lotion of the laws of war. Specification 8: (As amended) In that Morio HATSUZAKI, in the month of August 1943, during a t ime.of war between the United States of America , its allies and dependencies , and j apan , did, a t or near barrio Parara, Tigb3uan, Iloilo, Phili ppines , t orture and brutally mistreat one TRISTEZA , an unarr.ied, i:oncombatant civilian, in violation of the l a~s ond customs of wa ~. PLEAS To nll Speci::ications and t he Charge: "GUILTY" FINDJ NG3 Of Specification 1, as amended: GUILTY Of Specification 7 : GUILTY Of Specification 8, as amended: GUILTY Of the Charge : GUILTY SENT SN CE To be confined at hard l abor at such plac~as the Reviewing Autho rity may direct , for a peri od of five ( 5) year s . The sentence was adjudged ~August 1946 . The sentence is approved and will be duly executed. Sugamo Prison, Tokyo, Japan, is designated as the ploce of confinement. BY commND OF MAJOR GBNERAL MOORE I J. G. CHRISTIANSEN Major General, USA Deputy Commander and Ch:!ef of Staff OFFICIAL& 1(. GF.RHARDT Colonel, AGO Adjutnnt General DISTRIBUTION: Same as AR 310-50 and changes thereto, ~nd 6 - CINCAFPAC 15 - Legal Sec, SCAP 3 - Legal Sec, AFPAC (Manila Branch) 3 - CG, AFWESPAC 3 - AG, A~IT::SFAC 2 - PM, AFVIESPAC . 6 - Exec. Off, War Crimes Trials, AF"V~SPAC 2 - ·CO, fhilippine Detention and R e h~bilitation Center, APO 75. 2 - CO, LUPOW #1 J ~ ' I ------·.-...... -~- -·- . The sentence is approved and will be duly executed. Sugamo Prison, Tokyo, Jspan, is designated as the place of confinement. BY commND OF MAJOR G~Nf.RAL MOOR~& J. G. CHRISTIANSEN Major General, USA Deputy Commnnder and CM.er of Staff OFFICIAL& 11. GiIBHARDT Colonel, AGD Adjutant General DISTRIBUTION: Same as AR 310-50 and changes thereto, and 6 - CINCAFPAC 15 - Legal Sec, SCAP 3 - Legal Sec, AFPAC (Manila Br3nch) 3 - CG, AFWESPAC 3 - AG, AFWT::SFAC 2 - PM, AFVIESPAC . 6 - Exec. Off, War Crimes Trials, AF"V"'.;SFAC 2 - ·CO, Philippine Detention and Rehabilitation Center, APO 75. 2 - CO , LUPOW #1 r.. CERT IF !CAT ION THIS CERTIFIES that this volume is the entire proceedings of the Military Commission appointed by Paragraph 2, Special Orders 173, Headquarters, Unit ed States Army Forces, Western Pacific, dated 30 July 194~, in the trial of the case of the United States of America against MORIO MATSUZAKI. Dated 8 August 1946. • Before the MILITARY COMMISSION convened by the COMMANDING GENERAL United States Army Foroe3 Western Pacif'io UNITED STATES OF AMERICA vs ~ ARRAIGNMEIIT AN:l PUBLIC TRll.L Morio MATSUZAKI ~ Court No. 1 High Commissioner's Residence Manila, P.I. '5 August 1946 Met, pursuant to notice, at 08)0 hO'll'S o MEMBERS OF MILITARY COMMISSION1 COLONEL RICHARD C. STICKNEY, INFi President LIEUTENANT COLONEL JOHN B. MADDEN, CMP (FA) Law Member MAJOR JOYCE B. JAMES, SigC APPEARANCES: FOR THE PROSECUTIONS CAPTAIN WILLIAM S. YARD, JAGD FOR THE DEFENSE: UR. REUBEN BONDA . OFFICIAL U1TERPRETERS FOR THE COMMISSION z SECOND LIEUTENANT FRANK YAMAMOTO PRIVATE FIRST CLASS AKIRA NAKAO PRIVATE FIRST CLASS GEORGE NAKAMA OFFICIAL REPORTERS FOR THE COMMISSION: HOPE WIDEEN S. CORNELIA PEVETO BESSIB N• CHRISTIANSEN I LlJE NO. Paragr aph 2 of Special Or der s 173 dated 30 July 1946 1 Char ge and Specifications G ,~1ondnent and Deletion of Spocification3 14 J\rgunent f 0r the Pr ~s e cuti on (By Captain Yard) 32 Findings and Sentence 36 EXHIBITS Pr o~ ocuti on' s Exhibit N~ . 1 ., ..) 1 fr ~~e cut ion s Exhibit N~ . 2 3 I r ~ sccuti ~n' s LXhibit N0 . 3 4 • " , The Commission convened, pursuant to no tice, at 0830 hours, 5 August 1946, in Court No. 1, High Commissioner's Residence, Manila, P. I. COLONEL STICKNEY: The Gonunis!;ion \'Jill come to ordpr and hear any matter to be brought before it. ! 1 CAPTAIN YARD: May t he r ecord show the following members of the Commission are presents Colonel Richard c. Stickney, Lieutenant Colonel John B. Muddon, nnd Major Joyce B. Jamos; that t he a~c us e d, together with his def ense counsel and prosecutor are present. The accused understands English nnd h o has indicated th~ t he docs not need un interpre t er. There has been r ef erred to t his Commission for t rial the case of the United Stutes of America ugcinst Morio Mat~u z aki, 51 J-58500. The accuzed i s now pr esent, together with def ense counsel nppointed by the convening a ut~ority. The prosecution is r eady to proceed. COLONEL STICKNEY: You may proceed. CAPTAIN YARD: Tho prosecution submits, for incor poration into tho r ecord of these proceedings, the following documents Por ngr aph 2 of Special Order s 173 , Hoadquarter s , Unit ed States Army Forces, Western Pncific, dat ed 30 July 1946. COLONEL ST ICKNEY: Ther e being no objection, the Special Orders will be incorporntod into t he r ecord of t hose proceedings . 1 BC/vc "RESTRICTED II HE AD QU /lR TERS "UNI'rED ST .i'l'ES ARMY FORCES WESTERN PACIFIC " APO 707 "30 July 1 946 "Speci a l Order s ) .• 1." •••••• • •• 173 ) "EXTR ACT "2. The f ol l owing off ice rs arc nppoi ntod member s of n Milita ry C ~:muniss i on t '.:> meet in the City of llunila, Philippine J:zl ands , at the call '.:> f the Pr esident ther e .Jf, f or the t r i n l :'f M.:> rio M:-t t suz~k i, accused wa r cr iminnl. (Author ity: 1st I nd. GHQ , ,\F'PAC, APO 500, 29 May 1 946, t o l e tter GHQ, SCAP, rile ;LG 000. 5 ( 29 May 46) LS, dated 29 Hay 1 946, sub j : ' Trin l of Morio Matsuznki ' ) : Col. Richnrd C. St ickney INF Pres idont Lt. Col . J ohn B. Madden CMP (FA) Lau Jiember nu j . Joyce B. J a mes SigC The Prosecution will be c onducted by Cnpt. 'Jillinm s. Ynrd, J,\GD . The Defense Counsel wi ll be ;Jr . Renben n ondn . The Commissi on v1 ill f ol l ow t he provis i on s of Lette:r, GHQ, SCAP , dated 5 De cembe r 1945, s ubj : 'Regula tions Governing the Trial s 'Jf Accused War Criminnls.' The r e c ord of trial includ ing any judgment or sentence will be transmitted directly to this headquarters r ~r ncti on by t hG ~p p o inting a uthority. BY COMH!.ND OF IJAJOR GENERAL CHRISTIANSEN: "OFFICI AL: "J. J . GERHARDT 11 / s/ R. L . /.NDERSON Colone l AGD /t/ R. L. ANDERSON Ad jut ~nt Ge n er a l Col onel, AGO Asst ,~d j Gen. 11 2 BC/vc ' ... CAPTAIN YARD: The prosecution offers in evidence tho f ollowing document mcrkod for purposes of idontif icntion ~~ Prosecution's Exhibit No. ls Letter Ordor AG 000.5 (5 Dec 45) LS, Genor al Hoad- quarters, Supreme Commander f or the Allied Powers, dated 5 December 1945, subject, "Regula tions Gover ning the 'l'rial or War Cr:i.minnls. II COLONE L STICKNEY: Is there any ob jection by tho dofense? YR. BONDAs No objection, Sir. COLONEL STICKNEY: There be ing no obj ection, t ho document will be received in cvidonoo as Prosecution's Exhibit No . 1. (Prosecution's Exhibit No . 1 received in evidence.) CAPTAIN YARDs Tho prosecution offers in evidence the f ollov:ing document marked f or purposes of identification as Prosecution's Exhibit No. 2: Lotter Order AG 000. 5 (29 Moy 1946) LS, Gener al Headquart ers, Supreme Commander for the Allied Power s , d~ted 29 May 1946, subjc.ct, "Trial of Mor i o Matsuzaki, " and 1st Indorsemont thereto dated 29 May 1946 . COLONEL STICKNEY: Is thor e nny objection by th<~ defense counsel? MR . BONDA: No objection, Sir. COLONEL STICKNEY: Ther o being no objection, tho document will be received in evidence as Prosecution's Exhibit N ~ . 2. (Pr ~ se cuti on ' s Exhibit NJ. 2 r eceived in evidence.) 3 BC/vc - ' CAPTAIN YARDa Tho prosecution offers in evidence tho following document marked f or purposen of identification as Prosecution 1 s Exh:f.bit No. 3: Letter Order, Prosidont of this Commission, dated 5 August 1946, subjoct, "SvlElnring wi tncsscs f or the trial of Mario Matsuznki. 11 \ COLONEL STICKNEY: Is t here any ob~oction by tho defense counsel? P1R. BONDA: No objection, Sir. COLONEL STICKNEY: Ther e being no objection, the document will be received in evidence as Pros ecution 's Exhibit No. 3. I (Prosecution's Exhibit No. 3 received in ovidcnco.) CAPTAIN YARD: The prosecution is randy t o proceed with tho arraignment of Morio Matsuzaki, 51 J-58500. COLONEL STICKNEY: The rop ~rtor s will be sworn. (S. Cornelia Peveto, Hope Wideen, and Bcssio Christiansen were sworn as r eportor n.) COLONEL STICKNEY: Tho interpreters will be sw -:>rn. (2nd Lieutenant Frank Yamamoto, Pfc Akiro Nakao, end Pfc Ge ~rgo Naknm~ were sworn as interpretors.) COLONEL STICKNEY: The Commissi~n will be sworn. (C ol onel Richard c. Stickney, Lieutcnnnt C ~l ono l John B. Maddon, and Mn j or Joyce B. James wore duly sworn as members of the Commission.) COLONEL STICKNEY: Tho prosecution will. be sworn. (Captain William s. Yard was duly sworn as pr'Jsecutor.) 4 BC/vc ,., I CAPTAIN YARD: Certified copies of the Charge and Specifications and Anendnent and Del etion of Specifications against Morio Matsuzaki, t ogether with true and complete translations thereof, were served upon the accused by Captain William s. Yard, 24 June 1946 and 3 August 1946 at High Cot:lf.lissioner•s Residence , Manila. Def ense Counsel was appointed by the Executive f or War Crimes Trials on 23 May 1946. Def£nse Counsel was furnished a copy of the Char ge and Specifications against the accused on 22 May 1946. COLONEL STICKNEYs The rights of the accused as set f orth in paragraph 5b of letter dated ' December 194,, . General Headquarters, Supreme Commender for the Allied Powers, entitled "Regulations Governing the Trial of War Criminnls" her et of ore introduced into evidence as Prosecution's Exhibit No. 1, will be read and expl ained . (Defense Counsel and accused stood bef or e the Comcission.) CAPTAIN YARD I (Reading) "RIGHTS OF THE ACCUSED. "The accused shall be entitleds "(l) To have in advance of trial a copy of t he chor ges and specifications clearly worded so as t o nprrise the accused of each offense chareod. "(2) To be r epr esented, prior t o and during trial by counsel appointed by the convening authority or counsel of his own choice , or t o conduct his own def ense. "(3) To t estify in his own behalf and have his counsel pr esent r elevant evidence at the trial i n support of his defense , and cross-exaai ne each ad verse witness who personally oppears bef or e the Cot:lrlissi on. ' BC/l!U?lC 11 (4) To hPve the ~ubst o ncc of the char ge nnc" s pecifi- cations, the proce eel j ngs t"'nc1 cny clocumcnt:iry evirence tronslrtea when he is vnrbll othcrniae t o unc1tr s t r n~ them." COLONEL STICY.JIBY1 Th0 provisjons of sub- zect lon (1) hvvir g been complic~ \Jith, it oppccring th ~ t Certified copies of the C'hurge ~nc:t Specificrtions mt Deletion of E.pcci fic ~ tions together with true ona cor.1pJetc tr~ns letions thereof, were scrvc<1 upon the occus cd 24 June 1946 r n~ 3 August 1946, ·:1hom ~ oes the accnsea r~csirc t o intro~ucc ~s dcfcns€ counsel? ACCUS[D MJ'.'l'SUZAl:I: I ~c sire lir. Reuben Ronrn l!S my defense counsel, Sir. CAPT/~ IN YARD: ?IIoy the r ecor r' show Mr. ReubE:n Bo n~ o is the r E rul ~ rly nppointer d0fcnsE: counsel. COLONEL STICKNEY: Th€ r lcorc1 \'' ill so show . Th€ Chcrgc a nf Specifications us Amtnfc~ r n~ ~clctcf p will be re~r to the r. ccusc~. CAPTAIN YARD: (Rcnrjng) "GF.NER,'.L HE/, DvUJ,RTERS · SUPREt·JE COMMJ,NDER FOR 'fIIE ALLIED POVIERS ------Be fore the ) UNITFD STATES OF .A I ~~ICA MILIT/I RY COMMISSION ) conv e ne ~ by the ) vs cor i11,ND ING GE NERhL' ) Uniter St a t e s Army Forc ~s ,) 11ori o HI.'rsuz:.KI Wes t ern Pn cific ) " CH/JWE "Thot ;·fo rio MNl' S UZ J~ KI, I SN 51J- 58500 , for me rly CJ cr gcant in t h€ I111pc r iRl J ri pcnc SC /,r my, rur : ng the time 6 BC/mmc '•., and ot the places hereinafter specified and while o state ot war existed between the United States of Aoerica, its allies ond dependencies, and Japan, did violate the laws and customs ot war." Specification No, l, as amended& "In that Yorio Matsuzaki, in the oonth of September 1943; d·uring a time of war between the United States or America, its allies and dependencies, and Japan, did, at barrio Alaginay, Sara, Iloilo, Philippines, . t orture and brutally mistreat Pedro IRAYA 1 an unarmed, noncom.. batant civilian, in violation ot the laWI and custoos ot war," Specification No. 7 "In that Yorio MATSUZAKI, together with other cembe~s of the Icperial Japanese Army, in the month ot October 1943, during a time of war between the United States ot Aoerica, its allies and dependencies, ond Japan, did, .at Batan, Capiz, Philippines, torture and brutally ~istreat an unascertained number ot unidentified, Unarmed, noncoobatant civilians, in violation or the laws of war," Specification No, 8 as amended& "In that Yori. o MATSUZAKI, in the month of August 1943, during a time of war between the United States of America, its allies and .. dependencies, and Japan, did, at or near barrio Parara, Tigbauon, Iloilo, Philippines, t orture and brutally mistreat one TRISTEZA, an unarced, noncombatant civiliant in violation of the laws and customs of war," On the original Charge and Specifications the f ollowing appears1 7 BC/mmc "Dote~: 29 Mny 1946. "Isl Alva C, Cari:>enter "/ti ALVA C. CARPENTER Colonel JAGD Unite~ Stotes Army "AFFIDAVIT ''Befor~ me personally nppcare~ th~ Dbove-namec nccuser this 29th ~DY or May 1946, D.n~ mo(le onth that he is a person subject to m111tcry 10\·1 en~ thet he personally signe<' the foregoing charge, en~ further thrt he hos investigate~ the metters set forth in the chnrce, on~ that it is true in tnot, to the best of his knot1le,,ge on~ belief, 11/s/ E~mund M. Sweeri{Jl 11/t/ EDMUND M. SWEENEY 1st Lt. JAGD., AUS 11GEtlERAL HEADQU/JlTERS 11UNITEr STJ.TES .ARMY FOaCES' WESTERN Pi.CIFIC I.PO '}O? 30 Juix 1946 "Referrerl for triol to Capt. Williom s. Yarfl, JAGD, Prosecutor of the Militcry Commission oppointe~ by paragraph 2, Special Orrers No. 173, this Heorquarters, 30 July 1946, ''By com.men~ of lla3or General Christiansen: "Isl W. P. Moore tt/t/ W. P. MOORE · Lt. Colonel, hGD Asst. Arj. Gen. "I hereby certify that I hove: server" o copy hereof, together \011 th a true nnr complete translation the re: of into Japonc;se, on the above-name~ accuser this 24th ~ay of June 1946. "Isl V/1111 am S. Yar ri " Captain JAGD" 8 BC/mnc On the Amr-nrment on~ Deletion of Specificetions the following appe~rs: ·~ate~: 1 August 19~ 6. 11 /s/ W111illm S, Yar~ II /t/ WILLIAll s. Y/iRD Ceptt:dn, JI.GD "AFFIDAVIT "Before me personnlly oppc:orer the Dbove-named accuser this 1st ~ay of August 1946, cnr mr~£ oath thnt he is a person subject to military lav1 Dn~ thr:t he personelly signer the f 0regoing amcn~ment ~nr ~eletion of specificotions, ~nr fur ther thr t he; h~s investigoter the metters set f0rth in the seir1 amc.nr"ment onr1 r1eletion of spccificntions, E'nr thet it is true in fflct to the best of his knowler1gc en~ belief. 11 /s/ Arf'ison T. Shephc:rc1 11 /t/ ·ADDISON T. SHEPHERD 1st Lt., JAGD II GENERJ'.L HEf.DQUJ.RTERS . 1'UNITEr ST; TES 1.RMY FORCES, WESTERN PJ~ CIFIC APO 707 l Aygust ____ 1946 "Ref€rrer, for trial t o Capt. William S. Yorr, JAGD, P~osccvtor ~f the Militcry Commission appointer by p o r c gr ~ ph 2, Specirl Or~crs No. 173, this Hearqurrtcrs, 30 July 1946. '~Y commanr of Lieutenant General STYER: 11 /s/ W. H. Moore, Lt. Col,, AGD 11 /t/ W. H. MOOHE, Lt. Col., /.GD Ass.t. A~j ~ General "I hereby certify that I hevc; server' El copy hereof, t o gether \"i th o true nnr1 complete transl ation thereof into Japanese, on the ebove -n~ me C' ec c use~ this 3r. r ~ y c f hUgust 1946. "Isl W1111on S. Yarc Coptoin JAGD" 9 BC/mmc COLONEL STICKNEY: Docs the accuse~ un~crston~ the Ch~ rge, Specificotions,Anen~mEnt ~n~ Deletion of specificctic\ns, Affir!cvi t of Accuser, reference for trial en~ ccrtificote of service which hevc been re~~ to him? MR. BONDA: He ~o£s, Sir. C/.PTAIN Y/'8D: The Prcsecuticn nov1 intror1uccs for incorporation into the rcccrr the originel Cherge en~ Specific~tions, Amenr1ment ~IY ~eleti~n of specificotions, Affir1avit of occuser, reference for trial anr certificete of service. COLONEL STICKNEY: There being no objection, the Charge orr Spccificctions end Amen.Jment an~ deletion of spccificrti~ns, rre incorporate~ into the recorr of these prccec~ings. - "GENERJ,L HEJJ)QU/.RTET'S SUPRE~ COJUMANDER FOR THE f .LLIED POWERS ~--~----~-- Before the ) MILITJ.RY COW ~ ISSION ) convene~ by the ) vs C01.!I!J,NJ'I I NG GENEf.J,L, ) Uniter Strtes Army Forces, ) Horio 111.TSUZ/J "Thot Morio MJ,TSUZAKI, ISN 51J-58500, forT:lerly Scr~cont in the Irtipe rial Jnprm:se Ji rrny, c"uring the tine cnr1 r. t the places her einE.ifter specifier1 enr \'lhile o stote of t·mr r cxiste:~ bet v·een the Uni te(1 Stat es of /.nericc , 1 ts clli·cs nnr1 repcn ~enc i es , ~n~ J Dpa n, r i ~ viblote the l aws en~ custons of uor. 10 BC/mr.ic , " SP.ECIPIC/\TIONS 11 1. In t he t Morio Mf.TSUZ/1KI, in the nonth of S~ptcr.iber 1943, r1urinc a 'tine cf \Wr betwefn the Uniter" States cf AnericD, its cll1es anr r1 epenr1encies, anr J·aran, ,.,i<1, at barrio Alagincy, Sarn, Iloilo, Philippines, torture, brutally r.istrevt an~ unlewfully kill about 8 uni~entiti c ~, un~rne~ , nonconbatant civilians, in violation of the laws of war. 11 2. In that Horio t.U.TSUZAKI, in the nonth of Scrtenber 1943, ~ uring a tine of WPr between the Uniter Stvtes of Anerico, its allies F n~ ~epen~encics, a rr1 Japan, ~ir, at or near Calamingan, St'ra, Iloilo, Philippines, torture, brutclly nistreat anr1 unlawfully kill about 40 unorncr~, nonconbotant civilit-ns inclur"ing Monuclito ce IMPHOGO anr Leticia I f~ROGO, in violntion of the laws of war. 113. In that llorio YATSUZAY.I, t or.ether with another menber of the Inperi&l Japanese hrny, in the aonth of Sept enber 1943, ~uring c tine of war bctv1een the Uni tE:~ States ~ f Anerica, its allies a~ ~€penr"encies, cnr Japan, fir , at or near barrio Mararog, Possi, Iloilo, Phil i ppines, unlnv• fully kill 3 uni~entifi er1 , unnrncr1 nonconbat ont civilians , in violation cf the laws of wvr. 114. In that Morio Jill~ TSUZ.AKI , together with other r.ienbe rs of the Inpcrial Japencse f.r ny, in t he; nonth of Septenber 1943 , r uring a tir.ic of wr:r between the Un i t e~ Sta tes of Acerico, its allies err repcnrenci cs , ond Japan, rir, ~ t or neor barrio Nueva Inv€ncion, Bor ot vc Viejo, Iloilo, Philiprines , unleV!fully kill ebcut 50 unirentifier , unorner , noncor.ibat ant civilians , in viol ation cf the l aws of war. 11 BC/rtr.ic "?. In thot Hori0 tL'lTStt7/,K: , t cgether with other n e nb ~ r s 0f the Inperial Jap~nese Arny, in the nonth of Eert enbr. r 1943, ~ uring e tine of wr r bet ween t.he Unitec1 St nt es cf /~ e rico, its sllies El rY r1 cpen,1 encies , nn'' Jnr an, r i c1 , at or ne cr barr1.o MaligayligDy, Sert', Iloilo, Philippines, unlov1fully kill £1 bout 100 unir entificc1 , unnrner , ncn c onb ~ t c nt civilions , in viol etic n of the lews of wr r. 11 6. In thnt Uorio lli~ TSUZJJ, I, t ogether with othc:: r ne:!':be rs cf the Inp~ rial Jopcnese Arny, in the nonth of Ser t enber 1943, r uring a tine of war betr:een thE: Unit e~ St etcs of Anc rice , its allies enr" ~ e pe n~ cnci es , anr Jopan, r i r , at or near barrio Pnquen, Ssra, Iloilo, Philirpines, unlawfully kill ebout 30 un1r,cntif1er1 , unarne,,, non ccnbot ont civilir ns, in violaticn of the laws of ucr. 11 ?. In t hrt Horio HATSUZ!.KI, t oget her with ot he r Me mbers of the Inperiol J apanese l r ny, in th€ nonth of October 1943, ri uring e tir!c of vir r between the Unit e:~ St at es of Ane rico, its allies onr ~ ere nr enc i es , o n~ Japan, r i ~ , ot Hat an, Cap i z, Philippines, t orture enf brutnlly ni s treat 1 1 1 Em unascertainr.r nunbcr of unir entifier , unar ner , non conbet ent civil i ons , in viol otion of the l aws of wn r. 11 8. In thr t l!orio u;lTSUZP.KI, in the non th cf /.ugus t 1943, r uring a tine of war bet ween the Unite~ St ct es of Ane ric ~ , its r llics enr1 r epE: nrcncies , Dnr J apan, ~i r , at or ne&r borrio Parara, Tigbeuan, Iloilo, Philippines, t orture anr brutally ni s treat an unnsce rt a ine~ nur'lber of unnr nECl , nonconbat ant civilians incluring l ngo Tfl I STEZl , i n v i o la ti ~n of t he l ews of wa r. 12 BC / nnc 1 "Dater : 29 iiay 1946, "Isl Alva C. Carpenter 11 /ti ALVA C. C/JlPENTER Colonel JAGD United Stat£s Arny "AFFIDJiVIT "Before ne personally arreareri the above-none~ accuser this 2?th ~e y of May 1946, on~ no~e oath thrt he is r person subject to nilitcry lr.w an~ thot he personnlly signe~ the foregoing chrrgc, an~ further thot he hrs invcstigot e~ the notters set f orth in the charge, an~ that it i s true in fact, tc the best cf his kno\•1ler1ge enr1 belief. 11/sl E'1 nunC' U. Sweeney 11/t/ EDUUND 11. SWEENEY 1s t Lt. J/1GD,, /1.US "GENER.AL HEADQU/.RTERS •UNITED ST/1TES /.RUY FORCES, WESTEflN PJ1CIFIC APO 707 30 J~~ 1946 11Referrer1 f or trial t o Capt. Willian S . Ynrd, .J/~GD, Prosecutcr of the Militory Corll!iission npr.ointc~ by paragraph 2, Specicl Oreers No. 173, this He o~ qu orte rs, 30 July 1946. "By Conuon~ of llajor General Christiansen: 11 Isl \Y .P. Uoor e II /t/ w.P. UOORE Lt. Colon Japanese, on the obove -none~ cccuse~ this 24th ~ay of June 1946. 11 Isl Willian S. Ycr!1 11 Captl' in JAGD 13 BClnr.tc "GENERAL HEADQUARTERS "SUPREME COMMANDER FOR · THE ALLIED POllERS · ------"Before the . . UNITED STATES .OF AMERICA MILITARY COMMISSION convened by the COMMAND ING GENERAL t vs United States Army Forces, Western Pacific Morio MATSUZAKI "AMENDMENT AND DELETION OF SPECIFICATIONS . . "Speoif'ication 1 in the above captioned ~ase whi•h statesa n ·11, In that Mor1o MATSUZAKI, in the month of September 1943, dl.µ'ing a time of war between the United States of America, its alliesI • and' dependencies, and Japan, did, at• barrio Alagi• nay, Sara Iloilo, Philippines, torture, brutally mistreat and 1 ,.,. • • <# unlawfully kill about 8 unidentified, unarmed, noncombatant civilians, in violation ot the laws of war.• . . . is hereby amended to read as follows& 111.· In that Morio MATSUZAK·r, in the month of s 'eptember 1943, during" a time of war between the United States .of America, . . . its allies and depen~encies, and Japan, did, at barrio Alaginay, . .. Sara, ~loilo, Philippines, torture. o~d bruta_llY mistreat Pedro ...... ~ ...... IRAYA, an unarmed, noncombatant civilian, in violation of the . . . laws and ~atoms of war • . .. .. ' . deleted• /Specification 2 in the above captioned case is in the above captioned case is deleted. ,./ "Specification 3 .-. "Specification 4 in the above capt~ oned case is deleted, "Specification S in the above captioned case is deleted, is deleted, ".Speoifica~i on 6 in the above captioned case "Spe.cification 8 in the above captioned case which states a ti's. In that Morio MATSUZAKI, in the month of .August 14. BNC/rec 1943, during a time of war between the United States of America, its allies and dependencies, and Japan, did, nt or near barrio Parara, Tigbauan, Iloilo, Philippines, t orture and brutally mistreat an unasoertained number ot unarmed, noncombatant civilians including Ango TRISTEZA, 1n violation ot the laws of war.• is hereby amended to read as followsa "8• In that Morio MATSUZAKI, in the month of August 1943, during a time of war between the United States of Acerioa, its allies and dependencies, and Japan, did, at or near barrio Parara, Tigbauan, Iloilo, Philippines, t orture and brutally mistreat one TRISTEZA, an unarmed, noncombatant civilian, in violation of the laws and customs of war~ ''Dated 1 1 August 1946. /s/ "William s. Yard /t/ ''Will.a:l.11 s. YilD "Captain, JAGD "AFFIDAVIT "Before me personally appeared the above-named accuser \ this l.!,! day of August 1946, and made oath thnt he is a person subject t o military law and that he personally signed the f or egoing amendment and del etion of specifications, and f~rthe r that he has investigated the matters set f orth in the said amendment and deletion of specifications, and that it i s true in f act t o the best of his knowledge and belief • . ~s~ ~d ts on T, She~he rd t " b SON T. SHE HERD "1st Lt, JAGO BNC/rec 15' "GENERAL HEADQUARTERS "UNITED STATES ARMY FORCES, WESTERN PACIFIC "APO 707 • " 1 August 1946 "Referred for trial to Capt. William s. Yard, JAGD, · Prosecutor of the Military Commission appointed by paragraph 2, Special Orders No. 173t this Headquarters, 30 July 1946. "By command of Lieutenant General ST!ER a "/1/ w.H. MQore "/t/ w.H • .MOORE, Lt Col~ A "I hereby certify that I have served a copy hereof, together with a true and complete translation thereof into Japanese, on the above-naned accused this 3rd day ot ·~ugust 1946. "/sI Will iac S • Yard Capt• JAGD." . . BNC/rec 16 COLONEL STICKNEYs Is tho accused now ready to enter his plea? MR. BONDA: Ho is, Sir. COLONEL STICKNEYs Morio Matsuzaki, at this time the Commission will hear your ploa t o the original Charge and Specifications as amended and deleted, which have been incorporated into the record of these proceedings. You may plead either Guilty or Not Guilty. ACCUSED MATSUZAKI: I plead Guilty, Sir. COLONEL STICKNEY: Are the prosecutor and defense counsel ready to proceed with the trial of the accused? CAPTAIN YARD: The prosecutor is ready, Sir. MR. BONDA: Tho defense is ready, Sir. COLONEL STICKNEY: Both sides being ready, the Commission will proceed with the trial of the United States of America against Horio Matsuzaki. CAPTAIN YluID: Sir, in view of the plea of Guilty of the accused t o the Chnrge and Specifications as amended and deleted, the government will endeavor t o make out a prina facie case. It has been stipulated and agreed between the prosecutor and the accused and tho counsel for the accused that a primn facie case as t o Specification Nos. 1, ? and 8 nay be established by rending certain statements and extracts of certain testi~ony that has been adduced in forcer trials before Military Col!ltlissionsin Manila. With r espect t o Specification No. 1, tho f ollow ing extr act of affidavit is offered to establish a prima facie case. With t he pernission of the Commission, we would like to read into the record an extract fron this affidavit. 17 BC/vc COLONEL STICKNEYs Please do. CAPTAIN Yl\RDs (Randing) - "RESTRICTED "PEDRO IRAYA, af'ter having bean duly snorn, testified at Sorn, Iloilo Province, Panay Island, on 27 Noveobor 1947, ns f oll:ms s "Q State your nnae , age, address, nationnlity and ~ ccupntion. "A Pedro IRAYA, 42 years old, Sara, Iloilo Province, Filipino, f'araer. "Q Do you expect to rennin at your present address? "A If I change cy address, I can bo tound at the ~2nd Inf. Hospital in Dingle, Iloilo Province. "Q Briefly state your activities during tho occupation by the Japanese. "A During the Japanese occupation, I nos on duty.as a bookkeepor of' tho Qunrteraaster stationod in Sura, holding the rank of Starr Sergeant in Colonel PER:iLTA's guerrillas. "Q Did you at any tine during the Japanese Jccupation witness any atrocities cor.r.ittod against the civilians? "A Yes. I wa s forced into service as a •car gador' on one ~ r the Japanese penetrations and I was in service with then f or five days. I wa s f orced t o cnrry rice and equipnent. 11 Q Would you t ell us in your own wor ds , the incidents that t ook place while you wer e in service as a 'car gador• f or t he Japanese? "A On 15 Septenber 1943, I \Ins order ed t o evacuat e Sar a because t he Japcneso wer e near. I evacuat ed t o t he 18 BC/vc mountains near Liboncogon, Sara, Iloilo Province. It was in these mountains that I was captured and f orced into service as a 'cargndor•. I was captured on 23 September 1943 and taken to Barrio Aloguingay, Sara, Iloilo Province . Her e , I was investigated and asked by the Japanese the l ocati ons and names of the Commanding Officers of the guerrillas. I did not give them the infor cation they were looking f or, so at this tice I was beaten ~1th a wooden club (Pestle) until I was unconscious. Col onel WATANABE was the officer who investigated me, and a man with a scar ~n the l eft side of his face, na~od MATSUZAKI, was the one who beat me, until I was unconscious. 11 LsL Pedro Ira_yu 1t 1 PEDRO ffiAYA "COMMONWEALTH OF THE PHILIPPINES) ILOILO PROVINCE, ) SS TOWN OF SfaRA, PANAY, P. I. ) "I, PEDRO !RAYA, being duly sworn on oath, state that I have r ead and understood the f or egoi ng transcription of interrogation and all answer s contained ther ein, c onsisting of 3 pages ar e true t o the best of ny knowledge and belief. 11 / s/ Pedr o Iraya /t/ PEDRO !RAYA "Subscribed and sworn t o bef ore me this 5th day of Decenbcr 1945. "/s/ Francis c. Lund, 2d Lt.FA /t/ FRANCIS C. LUND, 2d Lt.FA 0-11861 57, I nvestigating Officer , War Crimes Investigating Det. 19 BC/vc 11 CJ:ilTIFICATE "We , FR:JlC IS c • LUND , 2nd Lt. FIL. , 0-1186157, and ; :,\HIANO A. YENKO 1st Lt., Inf. ( ?11.), 0-22509, certify I JR., : that on 27 Novenbor 1945, perc\molly appeared before us ; I PEDRO L\AYA, and Bave the f oreeoing ansuors to the several I i quostions set f o th; thot after his tostiaony had boon tru I scribed, the said PEDRO IRAY~ read the saao and affixed I his signature thereto in our presence. 11 /s/ Francis c. Lund, 2d .Lt. FA /t/ FRANCIS C. LUND, 2d Lt. FA 11 ILOILO PROVINCE, 0-118615?, Investieating I TOWN OF SI.RA, Officer, p AN ILY' p • I • War Criaos Investignting Det. I 11 /s/ Uariano A. Yenko Jr.,lst Lt.In: /t/ MARii.NO A. YENKO JR.,lst Lt.Ir. (PA: : 0-22509, Investigating Offico1 1 I Viar Crinos Investigating Det. = I 20 I I ! It has been stipulated and agreed between the prosecution and defense that the Matsuzaki as named in tho extract is the same person as the accused Morio Matsuzaki in these proceedings. With respect to Specification No. 7 a portion of the testimony of Felizberto Grijalvo as given in the case of the United States ot America versus Takeshi Kono will be read into the record ot these proceedings. That testimony begins at page 322 of the Kono record and continues through page 327. (Reading.) "PELIZBERTO GRIJALVO a witness for the prosecution, was duly sworn and testified as follows t "DIRECT EXAMINATION 11BY CAPTAIN YARD a . . "Q Will you state your name. Grij~lvo. : "A Felizberto I "Q What is your age? "A Thirty-two years old. i Your nationality? . ! "Q : I "A Filipino. "Q Where do you presently reside? I "A Arevalo, city of Iloilo, Philippines. I "Q In October 1943, were you taken by the Japanese? "A Yes, sir. "Q And where were you living at that time? I 11A I was in the provincial jail in the custody of the Japanese Military Police~ "Q Prior to the time that you had been taken there by the .. military police, where were you living? BNC/rec 21 ii !I ''A I was within the territorial jurisdiction of the municipality of Guimbal in the headquarters of the 3rd Dattalion, 63rd Infantry, Guerrilla. "Q Did the ~apanese force you to work tor them? "A Yes, sir. "Q What . type of work were you forced to do? "A I was made a cargador. "Q And what do you mean by •cargador"? "A I was made to carry anything that would be brought along with them in their punitive expedition. "Q And did you go on such a punitive expedition with the Japanese? "A Yes, sir. "Q And where did you goT "A We went -- the first place we went was in the municipal• ity of Batan, province of Capiz. "CAPTAIN YARDa May it please th~ Commission, the testimony of the witness now will relate .to Specifications .. . 29, 30, 31, 32 and 33; from 29 to 33 inclusive. "Q Batan is in the province of Capiz? "A Yes, sir. "Q How did you go from Iloilo to Batan? "A By motor launch. "Q How many Japanese soldiers approximately went on this expedition?. "A About five hundred, more or less. · "Q And how many launches wer e used to transport these soldiers? "A Three launches. BNC/rec 22 "Q And who supervised the loading of the launches? "A Colonel Tozuka. "Q I show you a photograph that has been identified as Prosecution's Exhibit No. 3 and ask you to state whose picture it is. "A The picture of Colonle Tozuka. # "Q And is that the officer who supervised the loading of . . the launches? "A Yes , sir• · . . . "Q Did Colonel Tozuka accompany this expedition to Batan? "A Yes, sir. "Q Did he go in your launch? "A We went in the same launch. "Q In the same launch. Did you recognize any of the other Japanese on the launch that went with you to Batan? ...... "A I could not remember. "Q When did you arrive approximately, that is, in Batan? "A . I arrived in Batan on OCtober 18 in the afternoon about - six o'clock. "Q And when you arrive~ at Batan had the other launches arrived before you or were you the first one? "A We were about the second launch. "Q And what did you observe when you went into Batan? "A When we went into Batan I saw Japanese soldiers rounding up civilians. "Q Approximately how many civilians did they round up? "A They rounded up in all a bout one hundred civilians, more or less. "Q Did you recognize any of the Japanese who were rounding the civilians up? 23 BNC/rec "A I' did not recognize. They were soldiers. "Q And what was done after the civilians were rounded up? "A They were assembled together along a certain str'"3t about the middle ot the town. "Q That ·is the town of Ba tan T "A In the town of Batan. "Q or these citizens, did they include men, women, and children? "A They were mostly women, some few men who are aged and . . sickly, some children1 and included in the group were two Roman Catholic priests. "Q Two Roman Catholic priests. After t~ey were se.gregated. t ogether in the center of the town what was done with themi ., .. "A They were questioned or investigated. • • r "Q By whom were they questioned or investigated? "A By Otsuka, Kuwana, Matsuzaki, and several other Japanese whom I did not recognize. "Q I show you Prosecution's Exhibit ~t being a photograph, and ask you t o state whose picture that is if you cane "A This is a picture of Otsuka. "Q And was that the Otsuka who was conducting the investigation there? "A Yes. "Q I show you Prosecution's Exhibit No. 9, being a photograph, and ask, you t o stat e whose picture that is. "A It's Matsuzaki. "Q And is that the Matsuzaki who was also questioning the people there? 24 "A Yes, "Q I show :you Prosecution's Exhibit No, 11, being a photograph, and ask you to state whose picture that is, it you can. "A Kuwano. "Q And is that the Kuwano who was investigating people there also. • "A Yes, sir. "Q At the time the investigation was being carried on did you see Colonel Tozuka? "A Yes, eir • "Q Where was he? "A He used to supervise the 1nvestigation1 he used t o walk from one place to another within the place where the investigation was being conducted. "Q What methods were used with these civilians while they were being investigated! "A They were t ortured, severely beaten. "Q How were they tortured 7 "A They were hit at the back by a wooden club. "Q Did they use any other means of torture on them? . . "A I saw one woman who was held by Matsuzaki by the hand nnd was made t o run through the flames, th.rough fire • .. "Q Approximately how old was that woman! "A She was about 'O years old, 'O or '' years old. "Q At the time the investigation was being conducted did you see any dead person or persons? "A Y€S' sir. "Q Will you tell us about that? BNC/rec ... "A I saw a dead person lying in the street and in the course of' the investigation the Japanese pointed out that dead civilian and told those other civilians that . .... if' they do not tell the truth in the course ot ·the investigation they will meet similar fate. "Q How l ong did this investigation continue? "A The investigation lasted tor about tour hours from approximately seven o'clock 1n the evening until about . . eleven o'clock the same evening. "Q And then what was done with these people who were being investigated 'l .. "A Af'ter their investigation they.~ere all imprisoned , . . under a house along the side o.t the road • . "Q Is that near where they had been investigated? "A It was very near the place where they had been investi- gated. "Q Did you leave Batan? "A I beg your pardon? "Q When did you leave Batan? "A We left Batan the following morning." BNC/l'eC 26 That concludes tho reading of that portion of the testiDony. It has bo en stipulated and agreed botwoon tho prosecutor and def onse that the Uatsuzaki, Vlhose nano appears in the portion of the testicony just read into the record of these proceedings, is the sace ~s the accused, Uorio Matsuzaki, in thoso pr:>ceedings. In support of Specification No. 8, as anentlod, the f ollow ing extract of an affidavit Vlill be road into the record of these proceedings. "RESTRICTED 11 JOSE G. TUPAZ, after having boon duly s'fforn, t estified ot Tigbauan, Iloilo Province, Pnnay, P. I., on 6 Novonber 1945, as f ollows: "Q Will you please state your naae, ago , nationality and present address. " A J ::> se G. TUPAZ, 45 years old, .a Filipino citizen, and I live in Tigbauan, Iloilo Pr ovince, Pnnay, P • I. " Q Wher e were you during the nonth of Aug ust, 1943? "A I was in Barrio Bol ocaVJe , Tigbauan, \'/her e I was evacuated because of tho occupation of tho Japanese. " Q On any :>ccasion did the Jopaneso cor.mit any ntr:::> cities t o which you were nn eye witness? 11 ,\ Yes. On August 10th, 1943, I Vias an eye witness t:::> the beheading of twenty-six Filipino civilians - 23 nen and 3 wonen, the clubbing t o death of a Filipino nal e , and the bayonetillg of a 3-nonth- :::> ld baby. This occurred at a c:mcentrati ::>n canp in v1hich I •;ms . The caap was near Barrio Par ar a , Tigbauan. 27 BC/vc "Q How d"d you come to be at th's conccntrot"on camp? "A Because ny fanily and I wer o captured by the Japnncse while we were hiding fron thon, and wo along with approxir.lately 50 other civililllls wore takon t o this concentration canp. We wore taken principally to bo questioned as t o the 1:1ent1 ty and whereabouts of tho guerrillas. "Q Can you toll us what happened at the concentration canp while you were ther e? "A Vie wer e divided into groups, anc tho groups were interrogated sinultnncously by the Jnpaneso in an attenpt to obtain infornation as to the uhoroabouts and identity of the guerrillas operating in this area. During tho process of investigation, they t ortured the civilians who wore not ablo to give then satisfactory explanations. A Filipino, wh os e fanily nnne was TRISTEZA, age 25, a resident of tho Barr.i o Buyuan, Tigbauan, I sm1 severely t orturod by being pushed into the burning fire; he wa s then nade t o lio upon tho gro\1¥ld, face up, a bnaboo pol e was placed across his neck and two Japanese sol diers stood, one on each end of the tx>le, choking the victin. As the t orture of this individual continued , they t ook the points of their bayonets and drilled holes in the t:llln's t enples. The r eason f or his being t ortured in this r.mnner was that he was suspected of being a Guer rilla. * * * * * " Q Can you ti i vc us nny of the nones of the Japanese nho \7ere in charge of the gr oups ,.,hich conducted this investi gati on and killing? 28 BC/vc "A • • * Scrceant 11,\TSUZAKI was in chargo of tho t orturing of T.iUSTDZA and was also rosponsiblo f or the r ound ing up of all tho civilians. • • • • • "/s/ J ose G. Tupas /t/ JOSE G. TUP,'8 "COMMONWEl~TH OF THB PHILIPPINES ) :l ROVINCE OF ILOILO, PAN.'lY ISLAND ) SS TOWN OF TIGB/~U,'i.N ) "I, JOSE G • TUP i..Z, being duly s ,., orn on oath, s tn te that I have r oad and understood the f oregoing transcription of oy interrJp, ation and all answers contained thoroin, c onsistine ::> f two (2) pages, nro truo t o the .bost of oy lmouledge and belier. 11 /s/ Josa G. T'upaz /t/ JOSE G. TOPAZ "Subscribed and sworn t o bef oro oo this 10th day of Novenbcr, 1945'. 11/s/ Francis c. Lund, 2d Lt. F:. /t/ Fill.NC IS C. LUND t 2d Lt. F,~ Invosti6nt1ng Orficer, V.'ar Crines Investienting Detachnent. "CERTIFICATE "We , FRA,NCIS C. LUND, 2d Lieutenant, 0-118615'?, F .~, a nd LEO J. LAPORTE, 2d Lieutennnt, 0-15'97?13, QHC, certify that on the 6th dny of Novcnbcr, 1945, personally appeared bef or e us JOSE G. TUPl..Z, and gave tho foregoing answers t o the sever a l questions set f orth; tha t after his testinony had been t r anscribed , the snid JOSE G. TUP.\Z read the sane and affixed his si gnature ther e t o in our pr esence. "/s/ Francis c. Lund , 2cl Lt. F ,~ /t/ FR.lliCIS C. LUND, 2d Lt. Fi. Invostigatine Officer1 V!nr Crincs Invcsticatitlf; De t achncnt. 29 BC/vc .. "Isl Leo J, Lap:>rtc ltl LEO J, L1&.PORTE 2d Lt, QMC Investigating officer1 War Crinos Investicatlng Dotnchnont. uTigbaunn, Iloilo Panay, P.I, "10 Novenber 1945'." 30 BC Ive It hns been stipulated and aerood between prosecution and defense that tho Uatsuzoki roforrod t ~ in the extract of' stateaent just read into the record or these proceedings is Uorio llatsuzaki, the accused in this case. That concludes the evidence which wo uill of'f'or in supp ~rt of the pricm tacie case against tho nccusod. COLONEL STICKNEY& Doos tho prosecution rest? CAPTAIN Y,UU>s Prosecution rests, Sir. UR. BONDA: Defense hns nothing to offer, Sir. COLONEL STICKNEY& Does the def'enso wish to address tho Coccission? Ma. BONDA: The prosocut11l{; attorney Vlill address the Cocrnission and the facts thnt the prosecutine nttorney will present to the Connission in his nrgunont uill be an argunent on behalf or the defense also. COLONEL STICKNEY: There will be no address by the defense? MR. BONDAs There ilill be none by the defense. 31 BC/vc ARGUMENT FOR THE PROSECUTION BY CAPTAIN YARD: Sir, ordinarily the governaent, in view of the serious ness ~r the Chnrge and Specifications here, in view of the brutality and torture involved in the Chargo nnd Specifica tions t o v1hich this accused has entered his plea of Guilty, ordinarily we would be inclined to recomr.tond t o the Conniss1on that the accused be required t o serve an cxtenJcd tern, an extended tern of years. We would not ask tho death penalty in this cosc, but we would ordinarily ask that he be required to serve an extended tore. However, there are certain facts in connection with this case, facts in tho possession ~ f the government and the prosecutor hero which ,.,o would like to brinr, t o the attention of the Comr:tission, facts v1hich ,.,c have investieated, which we have personal knonlcdgc of, and which f nets it is believed provide certain, or consist of, rather, certain extenuating circumstances that should operate in nitigation of nn extended term of years in behalf of this accused. Since it is our duty to soe · th~t the accused in every case be accorded tho benefit of anything thnt night operate in his behalf, we feel it is our duty to present those facts to this Cor.inission. 32 BC /vc At the conclusion of the investigation in this case, the investigating officers came to the prosecutor and stated that certain persons at various times would be brought to M~ila to testify in connection with other Pansy cases, who would t ell us of the good work of Yorio Matsuzaki down at Pansy; that the investigators were satisfied that considerable leniency should be shown to Matsuzaki tor what he did for the many civilian residents~ of Pansy Island; that the investigators wer e satisfied that had it not been for the work of Matsuzaki on behalf of many of the civilians on Panay Island, that possibly several hundred persons would have died. Their investigation revealed that on many occasions he had appeared for certain civilians and asked that they be spared, that on occasions he had pleaded to his superior officers and asked if it was necessary that innocent civilians be killed. In some cases his pleas were not in vain; in others they were dis r egarded. In some cases, so the investigating officers r elated , he was corporeally punished because he was pleading on behalf of these civilians. These officers have been redeployed to the United States and are not available except at considerable cost and expense in order to bring them before the Commission. Then the prosecutor has talked with s ome thirty-five persons fr om Panay and Guimaras Islands, many of whom volunteered a plea and r equest that leniency be extended this accused because of whot he did on their behalf. Some of t hese persons were the surviving members of families who were victims of Japanese atrocities down there , and who appear ed her e against accused in other cases. But, nevertheless, they wnnted t o see that justice was done, asking the pr osecution in any case BNC/rec 33 against Matsuzaki to state to the CoDl!lission that had it not been for what he did in their behalf they would probably have been killed themselves1 . s'everal witnesses sai" he succeeded in saving entire tamilies and other members of the • ~ , #' community because he pleaded with his superior officers that because of his knowledge that they had done nothing wrong it ..... was useless and futile to kill them. Members or the prosecution section have talked with some fourteen or fifteen Japanese• • I • officerb and noncommissioned officers involvedp in ' the Panay ·and Guimares Island atrocities, many of w'hom· admitted . • the commission or the a'troci ties,.including unl'aw'f'uY killing, . . -. . . . · but uniforrnly throughout this entire group of Japanese they ...... hove stated that this accused should be shown every Qonsideration . . .. because he was one who acted as fairly and reasonably as he . . . . . possibly could under most circumstances. One more thing,too, . . We could produce these fifte~n Japanese. It would entail . . . , . :· " . .... ~ . . , .. ... considerable inconvenience, We could produce, I believe, the thirty-five witnesses, That would cost a groat deal of .... money, It would take a great deal of time and entail a great deal of inconvenienoe. I ask the Commission t o accept my . . statement of these facts in lieu of oausing the government this expense and inconvenience, • • lip • ...... In view of these extenuating circumstances we believe that this accused should be shown a consideration which . . . ordinori~y would not be s?own one who admittedly t ortured and kil.ied "a·s this accused has• ...... Therefore, in conclusion, based on these circum- ...... stances . ~hich have just been r elated t o the Commission1bosed upon one or tw o other cases which have appeared bef cr e IrN /recr. 34 the Military Commissions here in Manila, we reconunend, although we know it is the province of the Commission to determine what sentence may be given this accused, nevertheless, the prosecution recommends this accused be . ' - . . . . •. . sentenoed to a term of five years imprisonment at hard labor. That is all I have to say, Sir. COLONEL STICKNEY& The Commission will go into closed session. 'cliiembers of the Commission retired tor executive session.) .. 35 COLONEL STICKNEYs Tho Cor.u)ission is in open session. On behnlf of the Co1:10issi on, I v1ould liko t o thnnk the prosocutor, tho defense counsel, tho reporters, and the interpreters for tho snoothnoss with uhich this trial has been allowed to proceed. I uould like the nccused and his defense counsel to stand nnc1 fnce tho Court. (The accused, Untsuznki, nnd his defense counsel stood and faced the Coccission.) MORIO MATSUZAKI, this Coccission, by secret Vlritten ballot, at least two-thirds of the nernbers present at the tine the vote was taken concurring, does find youa Of Specification 1, as anended, Guilty; Of Specification ?, GuiltyJ Of Specification 8, as naended, Guilty; and Of the Charge, Guilty. And this Cor:i.nission, by secret written ballot, at least tw o-thirds of the nenbers present at the tine the vote was taken concurring, does sentonco you to be CONFINED AT fL~lD LABOR AT SUCH PL:~CES /..S THE REVIEWING AUTHORITY HAY DIRECT,FOR A PER IOO OF FIVE YE4\RS. (The ~ccused was escorted fron the Courtroon by t he llilitary Police.) COLONEL STICKNEY: The Cor.mission adjourns sine 36 HV//vc .. "'' AUTHENTICATION OF RECORD The foregoing~ pages, contained in Volume ·I, togethor with Prosecution'sL~·- Exhibits 1 to 3, inclusive, ere hereby certified os the record of tho proceedings of the Military Commission appointod by Paragraph 2 , Special Orders 1?3, Headquarters United States, Army Forces, Western Pacific, duted 30 July 1946, in the trial of the case of tho United States of America og~ inst MORIO MA'ISUZAKI. I Doted 8 Auguot 1946. Commission THIS ACKNOWLEDGES that the above-described record wns s ubmitted to defense couns el prior to being certified by the President of the Commission. Counsel lllti1211R GJ:NllW. HKADQUARJ.'DS SUPDMI: OOMl-~ JOI 'rll3 ALLDID POWDS APO 500 AG 000.5 (5 Dao 45) LS 6 Deoer.iber 1945 SUBJEO?& Begulationa Govern1114\ the Trial• ot .Aocuaecl War Criminal.a. 1'0 Comm&Dderi-in-Clliet, United Sta••• J.zrq lorcea, PaoU'1c, .APO 500 Commandin« Oemral, Sixth Azrq, "10 443 Command!~ Genel'al, li8hth •rq, APO 343 Commandin,, General, mv Oorpa, APO a3e The followin& rulea ad r~atlon1 will ~oveJ"D the trial.a ot peraon1, unite and organisattou aocuaecl u var orlminala& 1. ISTABLISRMD: O"i MILITdr OOMMISSICIJS. a. Geur@l. Per10na, mil t1 an4 or.~ani zattone aocued NI war orimi.l811 will be tried by m1lita17 aomdaeione to be oonTened b;r, or under the au.thorit7 ot, the Supreme Commander tor the Allied Powers. b. IWl!ber and. 7.'noa. The oomm.haiona will be eatabliahod l.('-.· pendent upon the number, natu.re ot the ottenaea involved and the o!fc:.1f r 1 e to be tried. Suoh commiaaiona 11181' include, amon~ others, intornatlor.el mil~tary oommiaRiona cona11tinp; ot repre1entativoe of 1everpl nationn or of oar,h nation concerned, appointed to tr7 cues involv1~ offenaoa iv:a1n1t ono (l) or mo119 nat1ona. · a. JUlUSDIO'rIOI. a. 0Ver Pera911. The milit817 CODlieeiona appointod he1·ouncl.or lhall have Jur11d1ct1on over all per1ona ahar€od with war or1.t.:cs who aro in the ouet~ ot the oonvenin,; authorlt7 at tho time of tho trial. b. OVer OftQAaga. ( l) Military oomm1aa1one oetabliahod. herounder shall have Jur1ad1ot1on over all oftenaea inclu.din.:-; , but not limited to, tho tollowingl (a) The planninc-; , proparation, 1Di.t1at1on or w~iD& of a war of ar.t:;reaaion or a var in violation of in ternational treatioa, ogroementa or aoeurancoa, or participation in a common plan or conspirac:,. for tho accompliahmont ot ~ of tho foregoing. U. S. A. vs /)~ /fl1 .. ~1"-'. BI if B l Q i_ E D PRos:-cur10N .,...,,.., V I -- 0«1 l:.N6€ ExH101T No...... l ~ f.l.LI V ED.':(" ~ . r.~ ... • (b) Violation& of the law• or cuatoma of war. Such violation• lhall inclwle, but not be limited to, murder, 111-troatment or deportation to alavo labor or tor 8JJ::1 other purpo•o ot civilian popu lation ot or in occgp1ocl territory; murder or 111- troatmont ot pr1 •on ore ot war or interneoa or :~lOl' aona on the eeae or olaewhore; 1mpropor troatmont ot hoatage1; plwidar ot public or prl•to property; wantoA 401truc•1on ot o1t1o•, tovna or vlllacoa; or dcnaatation not JWltitled bf m1lita1'7 nocoeeity. (c) Kurd.or, oxtond.natlcn, onalav•ent, deportation and other tnhwnan aota comm tted againat ~ c1v111P..J1 population before or du.rlnc the war, or poraoout1ona on political, ractal or reUgiou.a grQuncla in mo cution ot, or in oonneat1on with, any crime dofinod horein, vbethor or not in violation of tho domoatio lava ot tho country whero porpotratod. (2) Tho ottonao noed not have boon ooantttod attor a parti cular dato to ronder tho roaponai blci party or ::J&rtioa aubJ eat to arre•t, but in 1eneral. aho11ld have b c ~u co ~i mi ttod since or in tho poriod immodiatoly prococ".in..,-; t : .e Mukden incident ot Septmber 18, 1931. 3. Kil.fBIRSHIP OF OOMM!.:iStOI. a. Appointment. The membern ot each mi.Li ta:.~ comuiesion will be appointed b;y the Supreme Command,r tor the Allied Powers, or uud.91' authorit7 dele1ated b7 him. Alternates mq be appointed b:r the convening authority. Such alternates ahall attend all aeBaiona of the oomin'lion, and in case ot illneaa or other incapacity of an7 principal member, an alternate shall take the :place ot that member. An::r vacancy among the memi>era or alternates, occurr1ng atter a trial han b8£un, may be filled by the convening authority, bu.t the aubatanoe of all proceedings had o.;ld. evidence taken in th" case ahall be made known to that new member or alternate in open court before the trial proceedu. b. ~umber of Members. Jach commiaaion shall consist of i1ot l oss than threo (3 members. c. ~11alificationa. The convening authority shall appoint to t ho commi s sion persona whom ho doterminea to be competent to porform the d11t'!.oa involvod and not diaqualifiod b;y peraonnl interoat or prejudico, provided that no person ahall be appointed to hoar a caoo which he porsonall:,· inveatigatod, nor it be is reqt.\1.red aa a w1 tnoRa in that caao. A commiaaion m~ oonaiet ot .Al'ID¥, Ha'V)" or othor aol"lioo peremmol, or of both aorvioe poraonnol and oiviliana. Ono 1peoiall¥ qu.lifiod moober ahall bo doai.rnatod ae the law membor vboao ruling ia final inaotar aa oonooru the colllliaoion on on objection to the adm1aa1b11U7 of evidenoo offored. during tho trir.l, d. foting. Jlxcopt aa to tho adm1aaib111t7 of eVidonco, all rulinga and tindinca of tho comm1ae1on mall btt by maJor1t7 voto, oxoopt that conviction and. aentenoe eball bo b7 the affirmative votes ot not leRa than two-third• (2/3) ot tho mombora pre1ont. c. Prea1cling Mombor• Ia tho OYent that t.be conYening author1 t:y doea not name one of the member• aa the prea141DC mmbor, the aonior oftioor omong tho mombera of the oommieeton preaent ahall preside, or au.oh othor moabor aa the aen1or oftiaor mq 4ea1.P&te. a~ .Appointment. The oonveninc a11tbority 111'.e.Ll dosi;no.to on~ or moro :a:>eraC1n s to conduct the proaeoution before oach '-"~a .l ion. ilh.oro offonaes involve nationals of more than one nation, 0<>r}, nn.tion conco~'cd , in tho disorotion of the convoninc authority, ~ bo repraaontoC. molJ6 t he proaooutora. b. Dutiea. Tho duU oa ot the proooouto:-;-a P.ro: ( 1) To pt oparo and preaent ohargoa ond syecificationa tor reference to a ooms:da nion. (2) To prepare ouaa tor trial and to conduct the yroaooutlou before the ooan1aeion ot all oaaoa referred for trinl. 5. PQVIRI .AID PB>OIDURE or OOMMISSlotlS. a. Ooa!luot of the Tr1A\. A. coanieaion ahall& (1) Cantine each trial strictly to a fair, oxpoclitioua ho('.ring on tho iaeuaa raiaed by the charges, excluci1118 1:.. rel ov£Ut ieeuoa or ovidence and provonting NlY unnecor aary do l ~ or int orterenoe. (2) Deal awnmarily with any oont~y or contempt, 1i:rpoo1116 any appropriato puniehmont therefor. (3) Hold public aoaelona excopt when otherwise dGOidod oy t ilo commi asion. ' iil!il Q! lR 3 I • il.l.1i1~11~ ( 4) Bold each 80H1on at a11ch t1r.ie am place aa 1 t ah&ll de termine, or ae ~ be 41rootod b7 tho convening RUthorit7. b. . B1Jht1 of th' AoaUltd· The acou1ed llhall be enti tloda ( 1) To have in a4vanoa of trial a caw ot the ohargoa Md llJ)eotticatlon• olearl.7 word.eel ao a. to appr1eo tho ao ouaed ot each otten" cbargud. (2) To be p9J>re1ente4, pl"ior to and dVinc trial b:1 counnel 117Po1nted b;t the oonT•DiDC au.thorit7 or oouneel ot h11 own choice, or to oondwst hi• OVA cletonae. (3) To teat1f7 in hie OVA behalt and bavo hia OOQDaol preacmt relnont trrideDO• at the tl'ial in n;pport of hi• 4etcm10, and oroa... aamlne HOh ad.Yen• vi tno•a mo peracmrlly .,. pear1 betore the oommleaion. ( 4) To have the aub•taoo ot the aharpa and apeoitloation1, the proceo41nc• and ~ 4oow:iontal'1 dfidonce trllllelatod when he 1• unable otbel'Wilo to understand them. o. Jitpetaea. The Oolllllliaeicn lllhal.l bavo powers (1) To IWllllOJl vitne•tet and req,U1ro their attendanoe rnd. t ~r,·; .. ~ under penalt1: to admin11ter oath• or ati'ircatio:· o t o vitneaaea and. other per1on1 end to queation vttneaaea • (a) To require the procluot1on ot dooa.monta and other ovidC11' tiary material. (3) To delecate to the Pro1eouto1'1 appointed by the convonmi utborU:r the pover1 and du.tie• aet forth in (1) and ( 2) , above. ( 4) To have n1denao taken by a apecial cocmiaa1ouer ap 101ntou b:r the oomm1111on. 4. IJidtPPQ.. (1) 'Die commiaaion aball admit auoh evidence as in its opinion would be ot aa1i1tonoe in proving or disproving tho ~ 3.l'~o, or such ae in the oomiaeion•a op1nion would have probativo value in the mind ot a reaeono.ble nan. The co?Jr.d.nnion ' .. \ llhall awly the rules ot n14enoe and ploadine; aet forth herein vith the greo.te1t l1beralit7 to aobievo expoditioua procedure. In part1oulal". ed. v1 'hou. t 11mting in ~v WtV the aoope ot the torecotnc general l"U.lu, tho following evidence ~ be aclmltted& (a) AJq 4oow:aent lrl'eQeotlve ot ita alaee1f1oat1on miah eppeara to the oomlaelon t.o haYe been •1cno4 or 1••1184 b7 ~ ott1aer, department, apnq or aedK>r ot the armed fol'091 of _,. co"tenmut wt thcn1t proot ot the a1patare or of the S.••aance ot tho dooumcmt. (b) AJq ropol't vhiob appeare to the aomm1ae1on to haYo been liped or l 11U.e4 b7 the lDternattOAal. .Bed Oroaa or a amber thC'eof, or b7 a 4ootor of meclioine 01' ~ mecU.cal aentae P••onnel, or b7 an :1DT01ti1atol' or 1ntell1genae ottloor, or b7 8D¥ other person moa the oomiad1an oon1lder1 u poaaeHiDg Jmowledgo of the mattv1 contained in the raport. (c) Atficlavlt1, 4epoait1ona or othor slgned 1tatoconta.. (4) J1l7 dlar7, letter or othor doow:ient, including BWor~ or unevorn etateaenta, appeariJJg to tho coa:iiadon to contain information relating to tho chnzigo. ( e) J. copy ot azq doouaent or othor aocondar7 ovidoaco ot 1 ta contenta, it the orlg1Jtal is uot il:llledintoq available. (2) ~o cor.u:d.aeion ahall take Judloinl. notico ot facts ot COD mon knowledge, official governme11t docucente of any nation, and the procee41nge, records and findings of nili tar;y or other agonoie1 of ~ ot tho Unitod iations. (3) A oomiasion r.iq require the proaeoution end the dofonao to r.iake a preliminary ottor ot proof, whereupon the com m1 a1ion JU\V' rllle in a4vMOe on the adciB1ibil1t7 of B'.tch evidence. (4) If the aocued 111 charged with en offonae 1nvolv1cg oon oertod or1mnal action upon the part of a military or naval unit, or ~ grou.p or orcanizatlon, evidence which has beon given previoualy nt a trial resulting in the ' ... conv1ot1on ot 91q othor uocbor ot that unit, group or organ11atton, relative to thnt ooncel'tecl ottenae, aq be received aa Rri1JO:fMia ev14anoo that tho aocuaod lil::e viae 1• cmlty ot '1lat ottenae. (5) Tho f1ncling1 end Ja.dcDent ot a cor.m1e1on ln BAT triP.l ot a u.tt, groa_p, or OJW•lsaUon with relJ)eot to the crin1- nal ahal'act81'1 purpo1e or aot1T1tloa thereof ahall be gSvo:':. tull tal th an4 orecUt 1D 8D1' •'b1equat trtc..i, by that or ~ other ooam11a1cm 1 ot an 1nAlvl4u.al poraon char&cd w1 th ol'ir.ilnal rempoulbillt7 thztoup JHmber8h1p 1D that Wlit, group or organ! 1atlcm. t1pcm pl'Oot of D'Jtlberahip in that allit, Cl'OQp Or OJ'pnl1&'10D CODY!cted by a OOmlaolon, the bard.en ahall be on the aoouHd. to ••tabUab b7 proof OD1' mltieatinc olrouaatanoea relatinc to hia l!14l:lbe1·1h1p or ptlZ' tloS.pation theroS.n. (6) The otttotal politic ot Ule aocuaocl llhall not a'baolvo hii:i from. re1pon11b111t7, nor be ooneS.dorod. in mtication ot pw'1abr:umt. hrther, aottan puaW111t to ore..or of tho acouae4.•a 1qperior, or ot h1a gcwornr.iant, llhall not con atita.te a cletenae, ba.t JQ"1' be 00111ldend in tdtign.tion of punllllment if the oOf!Uliaaion cletel"J:line1 th,\t Jaatico eo reqmrea. (7) All JKll'POl"ted oonte11lona or atatfllente of the aconaoe ahall be edmi.alible w1 th0&1t prior proof thl\t tho)" woro volantaril7 giYen, it belac tor the ooClrllaaion to do tel'l:line only Ulo truth or tal ai t7 ot au.oh conteeoiona or atatanenta. •· irtol ProgtdY£e. 1'he prooee41nc• at each trial "111 bo aon cluctecl au.batantlal.17 na tollov•, Wlleae aocl1t1od 'b7 the coDDiaaion to aw. t the particular oircw:ietanceaa (l) Jach charge and 91>eoif1cat1on vill be road, or its eub atance atated, in open colU't. ( 2) The proaicl1118 mecber aholl aak each aocuaed whother lut ploada "Guilty" or "Not guilty•. (3) Tho proaocu.tion lhall r.ieko ita oponing atatooont. ( 4) The proaiding mer.tbor tlf\1', at thia or on;r other tir.10, ro quire the proaeoutor to atate what evidence ho ~ro .) oeoa to aubmit to the conmheion, and tho oorminnion t.'1orollpon l!lq rule upon tho adniHibiUty of such ovidcnoo. (5) Tho witneeaea and othor ovidenoe for tho proaocution ahall be heard or p.reaented. At the oloae ot the caeo tor the proaeou.ticn, the oomciaeicn ~. on cotion ot the defenae tOZ' a tinclinc ot not guilty, coneider sncl rule 111hether the evidaoe betore the com11.aa1on •"'1>orta the charpa again•' the acouect. The oocmaeicm. Dll1' doter aoticn on a117 auab motlcm md perr:dt or reqUire tho pro aeouticm. to reopen 1ta caae aD4 produce ~ :t'IU'thor available n14en.oe. (8) The defenae mq cake m opmnc atateeent :>rior to p:reaenting 1 ta cue. The preaicling neuber ciq, at thia or ~ other time, requtre the detenae to atate vhat mdenoe the7 propo•• to allbm1t to the oor.m. ... don, whereupon the ooam1aa1on cq rule upon the adr n1aai b111ty ot au.ch evidence. (7) The Wi'neHea and. other ovidonoe for the do.tonao shall be heard or preaented. ~haroatter, tho proao cuticm. 81Jd detenae ~ introduoo euch 8"idenco in rebuttal ae the CODC11H1on mq rule adJ:d.aeiblo. (8) The d.efenae, and thereafter tho proaoou.t1on, shall addreaa the co.cmiaaion. (9) The coamlHian thereatter lhall cone1dor the case in oloaed aeeeion and anleaa otherwiae directe~ by the convening authority, announce in open court ita Judpent and 1ent111oe, it ~. The co~eaicm ~ atate the reuana on which the jlldpent 1 a baaod.. t. Btoord ot Proqeed.inct· ~ ooculliaeion ahBll aaJco a •ope.• rate reoord of ita prooeedinga in the trial of each caae 'brought betoro it. The record lhall be prepared by the pro1eou.tor wider the dirootion ot the oocmiaaion and aubmitted to the detenae oowiael. The coDDia- aion shall be reaponaiblo for i ta acc1.1racy. Such record, certified by tho preaiding member of the COr.lC1eeion or hia au.cceeeor, ahall bo delivored to the convening authority na aoon ae poaaiblo aftor the trial. g. §entenge. The ooumiaeion Dq aentence an acc111ed, upon conviotion1 to death by hanging or mooting, icpriaoncient for lite or tor ~ leas term, fine or e11oh other puniahr.lent aa the coocieeion ahnl.l detemine to be proper. The 00111111eciion ~ alao ordor oontiaon tion ot ony property of a convicted aco11Bed, deprive that aoc11eed of any stolen property or order i ta deltveey to the Supreoe Oonoandor tor the Allied Powera for di epoai tion aa he ahall find to be proper, or Jlfl¥ order reet1 tution With appropriate penalty in CN1ea of defAult. i • • • ( l 11.1111211~ h. 4pproyal ot Sapttnp1. llo •entence of a military oomiaaion ehall be carried into etteot until epproTecl by the ottloer who oonvone4 the ooa!deeion, or hi• .u.co•a1or. luab. ottia.r lhall h&Te aaithorit7 to ~roTe, Ditigate. remit in whole or in part OOCl!Dte, 1u91>en4, rodwso or othend ae alter the .antaoe iQoa•4, or l vi thout proJwlioe to ao oueecl) l'eaan4 the oue tor rehearlnc before a nev allitaJ"T ooml eeion: but he 8ball not haTe a&i*°1'it7 to lnoreaae the ...,.r1t1 ot the aentonoa. lo •atenoe ot death ahall be oanle4 into aeouttcm atll oonftmed b~ the Supreme Oomanllel' tor tho Allied. Poww1. hoopt u herein proT1dod, tho Ju4&1:lcmt &4 aentence of a OOlllldH10D lball bo f1nal and not •u'bJoot to renew. SJmplemp'an !1111 owl J'HM, Baab aomiaslon ahal.l adopt ru.lee and torma to Cofom it• prooe4ve, not inoond1tat With the prov11ione heroot, or each nlea ad tona1 u aq be Pl'•IOl'ibed. 'b1 the oonTeniDc uthorlty or by the Supreme Ooman4• 'for tho Allied. Power a. Br oor:amd of General Mao.A.ImMli R. ~f. ALLIU, Oolonol, A.G.D., .Uot A4J'1tant Genorru.. ) l!~lfl!lQIIR e . . ,,. ,,. I ' GUl:RAL HIADQ,UAR'l!llJlS SUPREMJl OOIOWOSR J'Oll TBE .ALLillD POWllS APO 600 .M} 000.5 (29 Ma.v 46) LS 29 Mq 1946 SUllJICT& Trial of Morio Matnsalci. I; I Oonnand.er-in- biet United Stat•• -jnq Jorcee, Pacific, JPO 600. 1. It 1e desired tba t a Militar;y Oomd. • sion be appointed tor the trial of Morio Matnsald, member of the Imperial Japaneae J,rrq, for the alleged otfeneee indicated in the attached Ohu'ge. 2. !be trial ie to be bald in tbl c1t7 of Manila, Philippine Ielan4e. !be trial eh&ll be condncted in conformitT with Regulation GoverniJIC the !rial• of Accuaed War Criminal•, dated 6 December 1946, General Jl8adquarter1, Supreme Oommanar for the Allied Powers. 3. !be record of trial including Judgment or eentence and tbl action of the appointing authori t7 will be forwarded to General &&& quarters, Supreme Command.er for the Allied Powers. UnleH otberwi•• directed, the execution of arq death Hntence will be vi thbeld pend. ing the action of the Suprelle Conuaanur tor the Allied Powers. BT comand of General Ma~a s/ J. w. Mann t/ J. "· !Wm' Lt Colonel, JGD Aast Adjutant General l Inclz Chg TB Morio Matausald MAILID 1440 Jun 3 1 46 .M} GHQ, U. S. A. vs ll1i~ - Y)JzJ.t . 'f~~- TlvN .., ~ _ _ _ E:xHlBlT No. • ... . • IV f) .r:-~ V. §, ,'(f, ._. j ...... I I llASIC Ltr, G~, SOAP, file 000.5 (29 Mq 46) LS dated 29 May 46 aubJz •!rial of Morio Matausald.•. Ml 000.6 (29 Mq 46) LS lat Ind. GJlNIR&L -~il!DS, UIIHD S!A!l'IS .ABMY JOllCIS, PJ.CIJ'IC, JP() 500, 29 Mq 1946. !Oa Commanding General, United Stat•• Army force•, Yeatern Pacific, JP() 707. l. Purauant to ba•ic comwdcation you are her•'b7 directed to appoint a Millta17 Comd.aeion fer tm trial of tm following DaMcl •m'ber of the Imperial Japau•• .lrlt1'1 Meri• Matnuki 2. J.11 reoorcla ef trial includiq Judp9nt er aatenc• and the action of the appointing authority vt11 be fernr4-cl te General INdr quartera, hpreme Ce-.n.4-r fer 'be .Allied Powr•. Unl••• oth8rw1H directed, the execution ot 8111' 4-ath aatenoe will be v1 thheld pen& iDC the action of the Supreme Connana.r tor the Allied Power•. 3. !he following namd officer, aaalg:ned to the Var Crime• In .,.. atigathc Detachment, General Headquarter•, Supreae O.mandar for the J.llied Powers, is mad.9 available to your command for service as proaecutor on the Milita.?7 Commiasion to be coDTened 'b7 you tor tbi• purpoaez Capt. William S. Yard, JMJD J B7 command of General MacJ.R!BUR: s/ J. Y. Mann t/ J. W. MANN Lt Colonel, AGD AaaiataDt Ad.Jutant General l Incl: Chg as indicated l>WLED 1440 Jun 3 146 AG: GHQ J.LLIS IN1. 2 I > ..... 1111111• ILiII 2 ••]jl -_...... ,,,,,,, ...... r..tfte ' .. .., Iha •Utl • • Uecei red: J\c. po1·to co1ltrol ~·mbol :msc... · .-2 .1.Ji ChI1 ..i..S T• •J •• L $'1'• •TUS ll:.i01 T File number 1rJ.Ot Dat e of He. port 16 ::llMI.. 11• Ti tlc. of cacc 1.1.4. w.. _.., z • le lttJJ'IK"U; tllld Uat lonulitioo Of .·.ccUtiCd I I .,..tld II Ill - ,..... 2. lfU'!gO • FlQco und Dat e of Qf.fonso a • IUlllM - 1'111Ue -HlfllM - ftllJIM -JU-111--..... -111..-..•IWJllM •IU.lflM - Jllltl• Al• .. u.tlllAI. "" ..Utatlfttl - ...... bl& .... ., -··· ...._ ...... el.Sta-. 4. rroooblo llucc and Dote oJ' Triol a llltfl "-'•·'--'• ...... lllalla, ftlll:nlM • .,..... IO laelltl. --..., .., ..~. lldhul ,, .-.co Form R-5392 llldla, ftlll"'8e 21 Juno 1946 w ...... urat..-t • IO I-. 1NI. hla1 - JO ,... 1HL (O~r) / ',ID l ette r ( •. ~,..d1 uCJ0 ,5 (20 Juno ho) .. DS~ .) 21 June 1946 . r 6. nt oncc (Re late t o SI&£ific ihccu:Jod) a I tJG c - m w:... 7, ~\ct ion 01.' i cv i c.:1 :..na.J,utt~r· i_..1;.,_ v__._(".....,1 ct c ify t.Utl :) lit~ llMl rio pc 01..d r c. lQto to ~pocific uccu~ : c1) : I 8. •\ction of CopfirrJin, ,'lutho.d t>· (Sp ~ cip, · .!l.lt!•o, ity wMl date., Q!id., rclato to :a>cc11\i.c uccuccd) , ------9. Dote. .c.i r.d i ·lucc of Dec. cut ion of ·S---t:rit c..nco ,-· --- ' I • "rc..port· Tr?.ol Stotu::. ncpol t ~. f o1· ovc.ry cu.. c in trial ~ tutu !.i promptly after 2•.; f~r cucc f or tria l (:i. ort ... ) , u\ t ::c concl udon of t i:c trial (.Fart D) and ut t l.c. compl l. t ion of final act i on i11 t he.. cc.u,c. (l eirt C) 0 1.d tranmnit by faot o:.; t rncu1.D in triplicat e a t oucl. i.; t uao of t :.o jJ1·ocooc.i11£,.; t o tho Diz·octor, Civil L..ffair..; Div i e.ion, \,U)S, Tho l <.. lite.icon, ,/c~h i net ou 25, D· D· 25- B9G21-3 00 ..... Ronorte Control SymU•l lll)"C '. .:; 1) • WAR C:RIM~s 'l'RV~r. STATUS n~OR'l' ~i D 1 • - • ICMP ~RePortingAL s••• Office ) •mu -- r, ~i le l'umber p.JOP Da tE' of Re"Dort M @!N•R m ?ART A ===:iiii::l:iiilllm:.------=--,...=-=--.-=:-=~===--.o:mr:zaa= l. llamea and Nationalities of Accut'ed; 2. Nature, Plac~ and Date o~ OffAnae: 3. Names and Vationalitiee of Victims: 4. Probable Place and Dat~ of Trial: • 5. Place and D~te ~-f Trial: WD AGO Form R-5392 21 June 1946 ' (Over) Incloeure 2 ~o WD J•' ~ ~ r~· (!1.;lA?!· ·PM 000. 5 (20 Jun 46) WDSCA) 21 June 1946 .. ------rwc '1. ction of r.eviewinf". Au. ori t:v s-,.;- c.i f!f a'!\b.Ori tv and c'atP and relate to 1pecltic acc''·•fd 8 . rri&te So 9. pate pd Place of E-cecution Senttlnr ~ . ..,.._ •• • J1 -.. 1'if, lfts iNS'l'RUCTIONS·: -·. ' ·--· . ... . ' ·..-- . ·- ··-- ·-·· ------Pr P~are Triel St~tue Rer>orts for f"Vf'~ ca ~P in tri~l statue nromotly eftPr rPferPnce for trial (PPrt A), at the conclut'iOD of thta tril'l (Part ~) ar ·~ ' l ~ '.:h t11 comnlPt'\.o"\ of final action in thf' cap~ (Part C) and trnnemit b~ fas tPs t P-",,.19 in tripl1 1~kt'3 e t eo•;h s ta ~e of t hf" 1)r0\.'0•'1llnr,'9 to thP uiT'ftCtor, Civil Affnfrs '!Jiv i- i;j "11 ~,... ,-:.:: • 'lllH: 1'C>i: tv.;pn, •. Ta.u1hingf;l'!1 25, D. D, 25-89621-300 GEltERAL llEADQUAl~ERS FAR EAST COMMAND Uilitary Commission ) APO 500 I 19 February 1947 Orders llo ••••••••• 7 ) Bot'ore a Military CoJ!l!lission whioh convened at the High Conmdssiono1·•11 Residenoe, Manila• Philippine I slands, on 20 June 1946, pursuant to Letwr Order, Filo 1 AG 000.5 (5 Dao 45)LS 1 Goneral llea.dquarter.. , Supreme Com mnder f'or the Allied Powors, dated 6 Deoembor 1945, subjeota Regulationa Governing the Trials of' Aoouaed \Ta.r Oriminals J Letter Order 1 File 1 AG 000e5 (29 llay 46 )IB, Coneral Hoadquartor11, Supreme ComLVlnder for the Allied Powers, dated 29 llay 1946, with Indornemont thereto, subjeot1 Trial of' Ryoiohi TozukaJ and parnuaph 16, Special Orders No. 138, Headquarters, Unitod Ste.toe Ar'Tlf¥ Foroos, We etern ·1>aoi f'io, 18 June 19461 amended by parat;raph 44, Speoia.1 Orders 110. 1391 lloaclqunrters, Th1ited States Array Foroos, Westel"!l Pe.oifio, 19 Juno 1946J runended by pnragraph 111 Spooio.1 Orders No. ltZ. Bcadquartors, Unitod States Army Foroes, Western Pa.oif'io, 22 June 1946, \'18.s arraigned and triod1 Lioutenant Colonel Ryoiohi Tozukn, 5lJ•40581, Imperial Japanese Army. CHARGE 1 That Ryoiohi Tozul'"D. 1 Unt filJ-40581, fol"JIX)rly a Lioutonant Colonol in the Imperi al Jn pn..~e so Army, durin~ tho time and at the plaoes horainartor s pooifiod., and whilo a 3t ate or war exist ed betweon tho United States or Amarioa., its allie3 and dependenoi es, and Japan, did viola.ta tho la.ws and ouotous or wnr. Specif ication la In that Ryoiohi Tozul:n, in the month of August 1943, during a tine of' ,·ro.r betm>on t ho United State s of America, its allies and dependencies, and Japan, did, o.t or near Leon, Iloilo, Philip pines, unlawfully permit monbor s of t he I mper i al J o.pa.nese Arfrr¥ then under his ooimm.nd to kill about 10 unarroo cl, noncombfltant civilians including Sovero Cajilig, Florencia Co.jilic anu A S pe o if'ica '~ i on 21 I n t hat Ryoiohi Toz\lkn , i n the month of August 1943, durinr; o. t ime of wnr bet\·,ieen the United St C\t eo or Ar.l0 rica., its o.llies . and dependcnoies, o.nd J npo.n, did, o.t or near barrio Dorog, Uiagao, Iloilo, Philippines , u.l1 la~·rf'ully per mit mombers of the I mporial Japanese Arfrri then undor his oonv:land t o kill nbout 6 w~rno d, nonooMbatnnt ci vili ans i nclud- · ing Fel imon Gencio.na, Conon Po.r ono.1 and attempt t o kill Zacarias Nwial, in viol ati on or t he lnws or war. (MOO 7) Speaifioa.tion 3t In that Ryoichi Tozuka. , in the month of Au:;ust 1943, during a time of war betvroon the Uni ted States of' Amerioa, its allies and dependencies , and Ja.pe.n, did, nt or nenr barrio Uapnapa.n, Tigbauan, Iloilo, Philippines, unlawfully permit members or tbe Imperial Japanese Army then under his comme.nd to torture and brutally mistreat an unasoertained numbe r of unidentified, un~rmed, noncombatant civilians and to ldll about 3 unidentified, unnrmed, nonoor.tba.tant oiviU.ans, in violation oi' the laws of t·rar. I t Speoifioaticn 4 : In thnt Ryoichi Tozul.-a, in the month of' Au('.'lst 19~3 , during a time or Via r betl·men tho United States of America, its allies and depandenoies , and Japan, did, in the vioinity of Buenavista, Guima.ras Island, Iloilo Provinoe, Philippines, unlawfully pormit members oi' the Imporia.l Japanese J...rmy ~hen under hio 0?11t1.iand to ?~i ll about 13 unidentified, unarmed, noncombatant civilians and to torttu-e and br utal ly mistr eat an unasoertained nunber of unidontified, un~r~d, noncombatant oivilians , in violation of the lavrs of war. Speoificati on 5-t I!! thnt Ryoiohi Tozulm, i n the ~onth of September 1943, C.uring a tir.ie of' war l>etlreen the Unitod States of America, its allies and dependenoies , and Japan, did, nt or near barrio Jimomoa, Passi, Iloilo, Philippines, unlawfully permit raernters c:£ the I nperial Japo.nese Army then under his command to 1:111 a. bout 5 unidontified, ui1a.rmod , noncombatant civflians, in viol e.tion of t!1e lam; of' Ymr . Speoification 6 z In t!:at Ryoichi Tozul.'ll. 1 in the month of September 1943, during a time of war betrroon t he lhited Statos of America, its allies and dependencies, and Ja~n , did, at or near bnr rio San Rafael, Passi, Iloilo, Philippines, unla.rrfully rermit nembers of the I mperial Japanose Army then under his convnand to 'l:ill o.bo\.tt 10 \.midontifiod, unaMMd, non combatant oivilians, in violation of 'i;he ln"s of \'tnr. Speoifioation 7: I n ·chc.t !1yoiohi Tozu!:a, in the month of Se!_)tember 1943, durin~ a time of wn.r betrreen the United S~atos of Amer ica, its allies nnd dependencies, and Japan, did, at or nonr Tiooni;cahoy, Se.ra, Iloilo, Philippines, unlawfully permit membors of tho I mporial Japanese Army then undor his oommtl.nd to ldll about 14 unarmod1 noncombatant civilians, in cluding Buenvenido Azuelo, in violation of the laus of ~·rar . Specification 8 : In that Ryoichi Tozuka, i n the month of September 1943, during a timo o::' vro.r betl·reen the Unitod States of Amerioa, i ts allies and dopondencies , o.nd Japan, did, at or near bnrrio Pr ogreso, Ajuy, Iloilo, Philippines, unlayrfully permit r.10mbe rs of the Impcrio.l Jo.pnnese Army then under hi s command to kill about 43 un~ rmed , noncombatant civilians, in oludinG Domini Bonifacio, Folicitas Poso.das and Clemente Posadas, in violation of the ln,·rs of v:o.r , 2 ,, •• (ltco 7) S:;>eoifioation 9 s In that Ryoi ohi Tozuka, in the month of' September 1943, during a time of' war betvreon t he 'lhited States of' America, its allios and dependenoies, and Japan, did, at or near Sara, Iloilo, Philip pines , unlawfully permit member s of the I mpe rial Japanese Army then under hi s oo?mllUld t o kill Paulino Borra, an Ul'IL\rir.ed, noncombatant civilian, in violation or the laws of' \¥9.r. Spocificat ion 10: In that Ryoiohi Tozuka, in the m~th of September 1943, during a time of' war betvreen the Unit ed States of Aoerioa, its allios and dependenoies, and Japan, did, at or near barrio Se.mponongbolo, Sara, Iloilo, Philippines, unlawfully permit members of the I mperial Japanese Arey then under his oorarand to kill about 12 unarmed, non combatant civilians , including Bo.silio Pooado.s and a Chinese, niolcnn:ood 111niong11 , in violo.tion of' the laws of' ,.10.r. Speoifioation 11 s In that Ryoi ohi Tozukn, in the month of September 1943, during a time of' war between the United State3 or America, its allies and dependonoies, and Japnn, did, at or near bo.rrio Tioongcahoy, Sara, Iloilo, Philippines, unlavr.t'ully per1.li t niembers of' the Imperial Japanese Ann:y then under his command to kill e.bout 60 unidentified, unnrmed noncombatant civilians, in violati on or the laws of' war, Speoif'ioation 12 a I 11 thllt Ryoi chi Tozukn, in t he month of September 1943, during a time of' war betwoon the 'lhited States of' America, its allios and de:90ndencies, and Jnpo.n, di d, at or near barrio Agbobolo, Ajuy, Iloilo, Phili pvines , unlawfully porillit r.er.iber s of the Imperial Japanese Arm:f t hon under his command br utally to r.dstroat nbout 3 unidentified, nonoonbo.to.nt fo~le civili~ns o.nd to !dll 2 un<'.rmed, noncombatant oivilio.ns , including a Chine so namd A!~w, in viol o.tion of' the laws of war, S!_Jacif'ioation 13: In tho.t Ryoichi Tozu!~o., in the month of September 1943, dtlrine; a time of' war betvreen the lhited States of Amerioa, its allios and dependencies , and Japan, did, at or near barrio Gibato, Dwnarao, Capiz, Philip:>ines , unlo.vlf'ully pormit momber s of the I mperia l Japanese Army then under his com;:and to kill about 54 unarrood, nonoombt'.tant oivilians, incl uding Jose Romoaldo, Enoarnnoion Romoaldo, and M.e.riano Romoaldo and to nttempt to kill Augustin Dasas , in violation of' the laws of wo.r. Specificat ion 14: In th~t Ryoiohi Tozuka, in the month of' September 1943, during a time of' war be"b.·reen the Unitod States of America, its allies and dopendenoies, and Japan, di ~at or near Sara, Iloilo, Philip pines, u;:1l awf'ully per rrci. t romber s of' the I mperial Japanose Army then under his oomrnnnd to kill about 20 unidontified, unar med , nonoombatant civilians ' in violation of the laws or ,·iar. {MCO '!) . . Speoii'ioo.tion 16: In that Ryoiohi Tozul-:a, in t~ month or Septomber 19431 during a time or war between the United States or America, its allies and dependencies, and Japan, did, at or near barrio Sam~ono~gbolo, Sara, Iloilo, Philippines, unlawfully perr.d.t members of the Imperial Japanaso Army then under his comnand bru·:;ally to l}list r eat and to kill a.bout 21 unarmed, noncombatant oiviliano, including Coronacion Deza, in violation of tha laws of war. Svecifioation 16 1 In that Ryoiohi Tozuka, in the month ot September 1943, during a time of war between the lhited States of America, its allies and dependencies, and Japan, did, at or near barrio Maligayligay, So.ra, Iloilo, Philippines,. unlawtully permit members of the Imperial Japanese Army t hen under his ooJll!ltlnd to kill about 100 unarmed,· no~.. combat ant civilians, including Ramon Olomen, Vicente Saioo, Liberato Saioo, Adriano Prunplona, Cornelio Marquez, and Domingo Biernosa and to attempt t o kill Paterno Muyco, an uno.nood, noncoobatant civilian, in violation ot the la.wo of vinr. Speoifica.tion 171. In that Ryoiohi Tozul:a, in tho month of September 1913, durini; a time of war- between the tm.ited States of America, it~ allies and dependencies, nnd Jn.pan, did,· at or near Passi, Iloilo, Philip.. pines, unlavrful.ly permit. members or t he Imporial .Japo.nese ArJl\Y.. then under his comnand to kill about 129 unident ifiod, unarmed, noncombatant civilian.a, in violation of tho laws of war. Speoif'ioation 181 In t hat Ryoiohi Tozul:a, in the month of Sept ember 1943, during a time of war botweon the Unitod States of America, its . allies and dependencies, and Japan, did, at or near barrio Jimomoa, Passi, Iloilo, Philippines, un~aw:ully permit rnombers of the Imperial Japanese ArJl\Y then under his coD'lllVUld to kill a.bout ~5 unnrmod, noncombatant civilians, including members or the Yap and Balleza families , in violation ot tho la\TS of war. Spooifioation 19.a In that Ryoichi Tozul:a, in the month of September 1943, duri n g a tilll() of v~r between the tm.ited States of America, its allies and dopendenoies, and Jn.pan, did, o.t or near Ajuy, Iloilo, Philip pines, unlawf ully per 11dt members of the I tipcrial Japo.nese Army then under his conn;w.nd t o ldil about 18 unidontii'ied, unarmed, noncombatant oivilic.ns, in violation of the lans of uar. . \ Speoifi oation 20 1 In t hat Ryoiohi Tozul:a, in the month of October 1943, di,ring a time of ,·inr beh·reen the Unit od States of America, its o.ll i os and de pendencies , and J apan, di d, o.t or noo.r Batan,. Capiz, Philip pinos , imlawf ully , er mit 1.iembers of t he Im~o r:to.~ Japo.nese Army t hen under his command t o kill about 100 unidentified, mlL\rmad, noncombatant civilians, o.nd to torture o.nd br utally mi.str 3at an \mo.scer tained nwuber of unidenti f i ed, unarmed, 'noncombatant civilians , in v iolation of the laws of war. 4 .. .. (MCO 7) Spooif'ioation 21: In that Ryoiohi TozuYa., in the month of Ootober 1943, during a time of war between the lhited States of' Amerioa, its allies and dependenoies, and Japan, di~, at or near Altavas, Capiz, Philip pines, unlawfully permit members of the •Imperial Japanese Army then under his oomr.and to kill about 40 unidentH'ied, unarmed, nonoombatant oiviliana, in violation or the laws or l'l&r. S?9oifioation 22 t In that Ryoiohi Tozuka, in the JIU nth of Ootober 1943, during a time of v10.r between the United States of America, its allies and dependencies, and Japan, did, at or near Balete, Capiz, Philip pines, unlawfully !)ermit members of' the Imperia.l Japo.nese Arrriy then under his oomnand to kill about 100 unidentified, unarmed, nonoombe.tant oiviliane and to torture and brutally mistreat an unasoertained number ot unidenti fied, \D\D.rmed, noncom'Oatant oivilians, in violation ot the laws of' war. Speoifioation 23t In that Ryoiohi Tozuka, in the month of November 1943, during a time of' war oot\·1een the United States ot America, its allies and dependenoies, and J11pe.n, did, in the mountains near Despojols, Tnblas Islo.nd, Romblon Provinoe 1 Philippines 1 unlaTii'ully permit members of the I 1uperinl Japanese Army then under hie ocmnand to kill an unidentifiod, unarmed, noncon1b11tant civilian o.nd to tor'l#ure and brutally mistreat an unidentified, unarmed, nonoombatant fei:w.le oivilian, in violation of the laws of' war. S~eoif'ioation 241 In that Ryoiohi Tozuka, in tho month ot Ootober 1943 during a time or rra.r betT10en the United States of America, its 1 allies and dependenoies, and Japan, did, at or near Banga, Capiz, Philip pines, unlawfully !>Crmit members of the Imporio.l Japanese ArtJr;f then under his oollll.and to !dll about 300 unidentified, unarmed, nonoombatant civilians and to torture and br utally mistreat an unasoertained number of' unidentified, unarmed, noncombatant oivilians, in violation of' the laws of' ,·19.r. Syooifioation 25 t I n tlw.t Ryoichi Tozul:a, in the months of' Ootober and lfovember 1943, during a time of Yl&r bet\·10en the United States of' Amerion, its alli es and dependenoies, and Japo.n, did, at or near Libacao, and in tho mountains near Libaoao, Capiz, Philippines, unlawfully perrnit roombers of the Imperial Japanese Arrrr:r then undor his oolIIIlllnd to kill about 200 unidentified, unarmed, nonoombatant oivilio.ns, in violation of the laW'll of' war. Speoif'ication 261 In thnt Ryoiohi Tozuka, in the month of' Deoember 1943, during a t iroo of' war bet\·reen tho United States of America, its allies and dependencies, and Japo.n, did, o.t or neo.r Co.mp Hopevale, Tapaz, Capiz, Philip!>ines, unlawfully permit roombers o!' the Imperial Jnpo.nese Arrey then under his oomrrand to torxure , brutally mistr eat and kill about 17 unarmed, nonoombo.tant oitizens of' the United St~tes of America, including Dr. and Mrs. Franois R. Rose , Rev . o.nd lirs. ~rle F. Rounds , Douglas Rounds, Mr . and Urs. J. H. Covell, lliss Dorothy Dcn·rell o.nd lliss Signe Eriokson, in viol at ion of the l aws of' >tare 5 (MCO 7) Speoifioation 27: In that Ryoiohi Tozul:a, in the month ot January 1944, durin~ a time of war between the lhited States of America, its · allies o.nd dependencies, n.nd Japan, did, at or near barrio San Jose~ Miagao, Iloilo, Philippines, unlawfully permlt mombors ot the Imperial Japanese Army then under hie oomnand. to kill about 12 unarmed, nonoornba.tant · oivilio.ns, inol~ding Salvacion Fortes and to attempt to kill about 3 unarmed, noncombatant civilians, inolttdin~ Dernardita Naman, in violation or the laws or war. Specif !cation 28: I~ that Ryoiohi Tozuka, during the period from January to Maroh 1944, during a time of war bet\·19en the United States ot Amerio~, its allies and depondenoies, and Japcui, did, at or near barrio ?tat-y, W.agao, lloilo·, Philippines, unlATtfully permit members of the Imperial Japanese t..rrrw then under his oonnand to 1:1.11 about 35 unanned., nonoombatant civilians, inoluding Maria Moyong, Jose Ronano, Anastaoio Nuf'able, and Federioo Nuf'able and to attompt to kill about 10 unarmed, nonoombo.~o.nt civilians, inoluding Adela I:slo.oin and Remedios Naoanaynay, in violation of the la.v1S ot war. Speoifioation 29s In that Ryoichi Tozuka, in the· month ot Jlt.roh 19441 during a time of \'lar between the lbited States of Amerioa, its allies and dependencies, and Japan, did, at or near b~rrio Taei>uan, Guimbal, Iloilo, Philippines, unlawfully permit members of the Imperial Japanese ~ then und6r his oommand to torture and brutally mistreat an \Ul8.soertalned num~r or un~rmed, ·noncombatant oivilians inoluding Basilia T. Taborete and to kill about 70 unarmed, nonoorl'lbatant oivilinna inoluding Juan Hilario and · Francisoa T-. Tabonos,. in violation or the la.ms of war. Speoirioa.tion 301 In that Ryoiohi Tozuka, in the month ot llaroh 1944, durin$ a tim or war bet\·men the United States ot America, its allies and dependenoies, and Japan, did, at or near barrio Calomboya.n, lliage.o, Iloilo, Philip:,:i ines, unlawfully permit members 'or the lmperia.l Japanese Army then under his oomnand to torture and brutally mtstreat an unasoertained number or unarmed, noncombatant civilians, inoluding Charing Rosario Paulma and to kill about 120 unarmed, noncombo.tant civilians, including .Amelia Fadujile.o and Visitacion Paul.ma, in violation or the laus of we.r. Speoirioation 31: In tho.t Ryoiohi Tozuka, 1n 'the month o:t' Maroh .19441 during a tin:t or war bet\vaen the United ·states or America, its allies and depondencies, and Japan, did, at or near barrios Ilogilog and Bacauan, 141.agao, lloilo, Philippines, unla.w:t'ully permit members of the Imperial Japanese AI"lflY then under his conmand 'bo tor ·i;ure and brutally mistreat an unascerto.ined number of unnrr.wd, nonoomba.tant civilians, includin~ Esteban Farfaro.n, o.nd to kill about 4 unarmed, 11onc ombatant oivilians, including Vioente Fe.rte.ran and Teodor o Cabancalan, in violation of the laws or war. ·. 6 ' .. (UCO 7) Speoifioation 32: In that Ryoiohi Tozuka, in the month or April 1944, during a time of war between the United S·i.::itee or America, ite allies and depandenoiee, and Japan, did, at or near barrio Frantilla, Miage.o, Iloilo, Philippines, unlatr.t'ully permit rnombors or the Imperial Japanese A'f'm'/ then under hie conunand to kill ·about 10 unarmed, noncombatant oiviliAne, including Vabriano Facto o.nd to attempt to kill Guillermo f ortugnna, in violation or the laws or war. Speoifioation 33z In that Ryoiohi Tozuka, in t he month or May 1944, during a time or war botwoen the United States or Amerioa, its allies and dependencies, and Japan, did., at or near Uaringyan, Miage.o, Iloilo, Philip- pines, unlawfully permit members of the I mporial Japanese Army then under his co:mnand to kill about 7 \Ul...".rmed, noncombatant oivilians, including lJario. Siquibal and to attempt to 1:111 Jose llontalban, in violation or the laws or war. S!'eoifioation 34z In thL\t Ryoiohi Tozuka, in the month ot May 1944, during a time of. Tlllr between t~ United $"'.;ates ot America, its allie~ and depondanoies, e.nd Japan, did, at or Z)ea.r barrio Paro-on, Miagao, Iloilo, Philippines, unlawfully permit members or ~he Imperial JapQneee ~rmy then under his oommnd to kill about 11 un:-.1·11X'd, noncombatMt civilians; inolud in~ Luoia Maulit and Mo.rtina. lfaulit, i%l viola.tion or the la~ ot \'19.re Speci!'ioation 351 In t hat Ryoiohi Tozul::a, in tho month ot 118.y 1944, dlu-ing a ti.mo of war between the Unite Spoci!'ioation 36 1 In that Ryoiohi Tozul:a, in the month of June 1944, during o. time of \'l&ir betwe~n tho United States of ~rioa, its allies and dependenoies, a:id Japan, did, at or near Arevalo, Iloilo, Iloilo Provinoe, Philip!_)ines , unla.Ylf'ully permit ioombers of' the I mperial Japanese Army then undor his cou\mand to kill about 4 WlO.rmed, nonoombo.tant civilians, includ ing Siting Paroon and Eriberto Pavill~r, in violation of the -laVIB or war. Spooification 371 (~s amended) In that Ryoiohi . ~ozuka, in the month of Decembor 1944, during a ti.lie of v:ar bet\·men the United States of Amerioa, its allies and depen4~no ies, and Japo.n, did, at or near barrio Supang, Duenavista, Guimnras I-sland., Iloilo Pr ovince, Philippines , unlawfully permit members or the Imperial Ja.i>anese Arf!1¥ thon und"ar hie oomne.nd, 'c o J<:ill about 8 unnrm:>d , noncombatant o~vilians, including Dewstrio Hoyan and Gervasio Estrancsoro, in violation of the l~ne of ylllre .. 7 (MCO 7) Additional Spocification 11 In that Ryoichi Tozuka, in the hlonth of August 1943, and during a tine or war between the United States or America, its allies and dopendenoios, o.nd Japan, did, at or near barrio Tubod, Buenavista, GuilllAras Island, Iloilo Provinoe, Philippines, \Dllawi'ul ly ~rmit members or the I mperial Japanese Artf1¥ then \Dlder his command to kill about 7 unarmed, noncombo.to.nt oivilio.ns, inoluding Uoque Esonnan and Joso Jara, in violation or the laws of wa.r. Additional Speoitioation 21 In t110.t Ryoiohi Tozuka, in the month or August 19(:31 and during a time or war bet\19en the United States of America, its allies and dependenoies, and Japan, did, at or near barrio. Cansilayan, Buenavisto., Guimro.s I sland, Iloilo Provinoe, Philippines, unlawfully ponm:l members of the Imperial Japanese ArrrJ¥ thon \Dlder hie oonmand to kill about 8 uno.rmed, nonoomba.to.nt oivilians inoludinc Salvador llilitante and Zoilo Ho, in violati~n ot the laws or war. Additional Spooifioation 31 In tht\t Ryoichi Tozuka, in the month or August 19431 and during a time of war between the thited States or Amerioa, its allies and dependenoies, and Japan, did, at or near &unban, Buenaviata, Guimaras Island,· Iloilo Province, Philip~inos, unlnwt'ully permit members of the Imperial Japanese Army then \Dlder his oor.mand to torture and brutally mistreat Enriqueta Alorta llilitante, in violntion or the laws of war. Additional Specification 41 In that Ryoichi Tozuka, in the month or July 1944, and during a tiloo of '\Y8.r bet\yeen tho United States or America, its allies and dependenoies, and Japan, did,. at or near Buenavista, Guimara.s I sland, Iloilo Province, Pldlippinos, unlawfully pormit members of the Imperial Japanese ArtrJ¥ thon \Dlder his command to kill 2 unidentified unanned, noncombatant civilians, in violntion or the laws or war. PID\S To all Specifications and the Char{;e & Uot Guilty FINDINGS Of Specification 311 Not Guilty. . . or all other Specifications and of the Charge I Guilty. Death by Hanging. 8 .. 4 l (llCO 7) The sentence vms adjud59d 28 June 1946. The following is the action of the re"\"iow1ng authoritya "IJEADQUART ~r.s U?TITED STATES ARMY !i'ORCSS WESTERll PACIFIC OFFICE OF THE COlfllAi.IDIUG GCNERAL APO 707 20 Deoember 1946 In the foregoing case or tho United States or Amerioa VS Ryoichi Tozuka. ISlT 51J-40581, of the Imperial Jt\panose Armed Forces, the sentence i s approved. Pursuant to paragraph 21 first indorsement, General Head quo.r J~o r s , United States Army Forces, Pacific, dated 29 May 1946 , to letter order, AG 000. 5 (29 Mny ~)I.1>, Genoral Hondquarters, Supremo Coimnandor for 11 the Allied Powe!"s , dated 29 !by 1946 1 subjects "Trial o!' Ryoichi Tozuka. , the exooutior. of tho s entence is vrithhold pending the aotion of the Guprema Comma.nder for the Allied Powers. • (oi(71od) Geo. F • Moore (:;~rped ) GEO . F • MOORE J.fajor General, WA Conu.18.nding " The follo,rlng is the action or the confirming authority& n GENERAL HE.\DQUt\.11TERS SUP!'81JE COl.IMAUDDr. FOR TIIB ALUED P~RS APO 500 14 February 1947 In the foregoing case or Lioutonant Colonel Ryoichi Tozukn, SlJ- 40581 , I mpe rial J o.pa.nose Anny, the se:1tence is confirmed and will be • 9 (MCO 'l) duly e~eouted under the supervision of and at a time and place to be designated by the Conmandinti General, Philippines~yukyus Comnand. (oi~d) Douglas MacArthur (typed ) DOUGLAS YaoAR'l'HUR Genera.1 ot the Artrf'/, United States Army Supreme Commander" • BY COMMAND OF ~iIBRAL MaoARTHUR a , PAUL J. MUELLER, trajor General, General Staff Corpe, OFFICif\.La Chio£ of Staff. L/~ 13.~~ roi:~~. COOIBY' - .-7 Colonel, AGD, Adjutant General. 10 . ... •