740.00116 EW/8–3046
Document Circulated by the United Nations War Crimes Commission, London14
A. 12
Trial of Major Japanese War Criminals
The Major War Criminals trial re-opened on 3 June with the hearing of counsel’s motions, the most important of which, a request by [Page 445] the defence for more time to acquaint themselves with the case, was granted by postponement for ten days. The opening speech for the prosecution, a 54-page document, was, however, read by Mr. Keenan on 4 June. Mr. Keenan left Japan for the U.S.A. on 9 June, for a stay of about four weeks.
Petitions that Matsuoka and Okawa be excluded from the indictment on grounds of health were refused, but permission for them to be removed to hospital from Sugamo prison was granted. Both Matsuoka and Okawa were transferred to Japanese hospitals under directives dated 9 and 13 June respectively. They have since been represented in court by their counsel. On 28 June Matsuoka died of tuberculosis and his name was stricken from the indictment.
The installation of earphones with 3-way switches in all seats of the court (including the public gallery) has helped to speed up proceedings slightly for whenever prepared speeches are being heard translations into Japanese and Russian are given concurrently. The quality of the prepared Japanese translations is excellent, and that of extempore interpretation is much improved, though still somewhat patchy.
The proceedings recommenced on 13 June with the introduction by the prosecution of 88 international treaties and other documents as evidence, and the display of charts showing Japan’s territorial expansion. The prosecution completed their exposition of the organization of Japanese politics for war in a couple of days, and then went on to deal with the organisation of public opinion for war. They tried to prove that this was carried out through the entire educational system of the country, and that it extended over newspapers, plays, films, the wireless, etc. The next section of their case, preparation for war against Manchuria, was started on 25 June.
After the first two days’ experience of the slowing-up of the proceedings caused by the translation of each question and answer in the examination and cross-examination of witnesses the Tribunal permitted the presentation of evidence in the form of affidavits, on which the witness is cross-examined by the opposing counsel. This procedure has caused a good many protests on technical grounds from the defence, but has cut down the waste of time. So far the witnesses have not made a very good showing for the prosecution for they are generally taken up at some point by the defence, and much of their evidence has been as favourable to the defence as to the prosecution. Several of the witnesses for the prosecution appear, to judge from their demeanour under cross-examination, to have made statements in their affidavits which they have been unwilling or unable to substantiate in open court.
Mr. W. Maung, the Burmese assistant prosecutor, arrived in Tokyo at the beginning of the month but returned almost at once to Burma [Page 446] to collect evidence. Mr. Robert Oneto, the associate French prosecutor, made his first appearance in court on 5 June and the Philippine judge, Mr. Justice Delfin Jaranilla, who arrived on 7 June, sat on the Tribunal for the first time on 13 June (a defence motion to disqualify him, as a sufferer in the Bataan “Death March”, and therefore prejudiced, having been dismissed).
On 17 June the chief American defence counsel and five of his American colleagues resigned giving no official explanation.
Twenty-two Japanese headed by Vice-Admiral Sakonju Naomase, have been detained in Sugamo prison in connection with the execution of sixty-seven British, Indian and Chinese survivors of the Behar, sunk in the Indian Ocean in March, 1944.
A directive of 22 June ordered the arrest of twenty former puppet Chinese diplomats and consuls now in Japan.
- Copy transmitted in covering despatch 535, August 30, from the U.S. Commissioner, Col. Robert M. Springer, U.S. Army, of the United Nations War Crimes Commission, London; received September 9.↩