donderdag 13 december 2007

Pakket 5 pagina 1

Pakket 5, pagina 1

Pro Justitia
No. 72 A/1947



In the name of the Queen.

The Temporaine Krijgsraad (Temporary Court-martial) in Batavia in the case of the Auditeur-Militair, ratione officii, against:
XXXX XXXX, 45 years old, born in Hiroshima-shi, Japan (1-X-1902), colonel in the Japanese army, currently detained in prison ‘Tjipinang’, in Meester Cornelis;
Considering the decision of referral to the Temporaine Krijgsraad of the Auditeur-Militair of 22. November 1947, whereby the accused is charged as follows:

That he, in the Dutch Indies, in the months and on the dates all within the year 1944, therefore in times of war and in places as will be described more specifically below, as a subject of the enemy power Japan, has committed warcrimes, since he has allowed, in conflict with the laws and customs of war, in the months March and April 1944, in his rank of ‘heitan-officier’ of Semarang, subordinate civilians and militaries to force a group of about 35 women, who were detained already by the Japanese occupational authorities in the camps Semarang-Oost, Gedangen and Halmaheira in Semarang, to prostitution and rape them, whereas he knew, or reasonable should suspect, that these warcrimes were or were to be committed;
the rapes, abduction for forced prostitution, forced prostitution and maltreatment, have caused severe physical and mental suffering with all, or at least many of the named women and girls;
which facts foreseen and considered punishable in art. 4 and next of the Ordonnantie Strafrecht Oorlogsmisdrijven S. 1946 no. 45;
With regard to the [exploit van betokening] and subpoena of 6. January 1948, in which the accused is called to appear before the court of the Temporaine Krijgsraad in Batavia, in the building of the Hooggerechtshof (Supreme Court) of the Dutch Indies, Waterlooplein Oost no.1, on 26. January 1948, at 8.30 AM;
Having read the decision of the Krijgsraad of 4 February 1948, in which admittance of the accused in a mental institution is being ordered, for a maximum period of 6 months;
Having read the report of J. Ferguson, psychiatrist-neurologist and medical superintendent in the Special Hospital ‘Grogol’ in Batavia, in which he concludes that the accused is not psychotic;
Having reread the decision of the Krijgsraad of 23 March 1948, in which is declared that the case against the former mentioned accused will be continued on Wednesday, 24 Maart 1948;
With regard to the claim of the Auditeur Militair, read aloud to and subsequently handed over to the Temporaire Krijgsraad, with the intention that the former mentioned Temporaire Krijgsraad, will declare the defendant guilty of committing the war crimes:
‘Abduction of girls or women for forced prostitution’,
‘Forced prostitution’ and ‘Rape’, and will charge him with the death penalty;
Considering that the records in sofar they have been used, haven been presented to the accused;
Considering that which the accused and his counsellor have presented in his defense;
Considering that the evidence as already mentioned in the verdict against his fellow-accused has been read aloud and presented to the accused, the brief content of which is considered inserted here (see pages 12 – 31), by which is proved all that is already declared proved in the former mentioned verdict (see pages 31 – 35);
Considering that now thus needs to be verified if, and if so, to what extent the accused is responsible for these well proved facts;Considering that the accused, in court of 26 and 1 January and after an interruption due to misbehaviour indicating mental disorders, for which his observation and psychiatric examination were ordered, in court of 24 March 1948, having heard the indictment, on the merits were given.

The original transcripts are in Dutch, you can find them, by scrolling to page 1 here

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