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wo 235/815: OTODA HIROSHI (音田浩) 11 february 1946
ALOR STAR (ALOR SETAR), KEDAH
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ACCUSED
Sgt. Major Otoda Hiroshi CHARGE(S) Ill-treatment (physical abuse, water treatment) leading to deaths of 4 civilians VICTIM(S) Poh Hoon, Gan Cheng Chuan, Kung Choon Hoe, Ah Hin (suicide) DATE OF CRIME(S) March and April 1943 LOCATION(S) OF CRIME(S) Alor Star, Kedah (now Alor Setar) LOCATION OF TRIAL Alor Star, Kedah (now Alor Setar) TRIAL DATE(S) 11 February 1946 PRESIDENT Lt. Col. F.E. Figgures, Royal Artillery, Barrister-at-law* * Emergency Commission. Temporary Major 04/04/1943, Rank: Lieutenant, 2nd Rank: Captain (War Substantive) MEMBERS Maj. H.E.R. Smith, Royal Artillery* * Potentially H. Smith, Service number: 2586195, saw duty in Central Mediterranean and Italy, wounded on 10 Oct 1944, and attached to 166 Field Regiment. This unit was stationed in Malaya after the war Capt. J.M. Carter, Gurkha Rifles* * Likely J. Carter, Temporary Captain attached to General List regiment and War Office battalion, recipient of Imperial Service Order award Capt. T.B. Thorpe, Royal Sussex* * No direct matches found, 1944 records indicate two 'T. Thorpes' with 2nd Lieutenant ranking, one with Royal Lancashire, the other with Royal Pioneer Corps |
PROSECUTOR
Major J.M. Davies, Royal Artillery* *Note: ICC records - Major W.J. Davies [sic?] / Original TNA records - Major J.M. Davies DEFENDING OFFICER Major R.H. Dill, 17 Mahrattas* *Indian Army WITNESS(ES) FOR DEFENCE Major J.W. Snellig WITNESS(ES) FOR PROSECUTION Soon Hung Teng Khor Lian Boo Ong Boon Kheng Eo Cheng Chooi Goh Sew Gim Kung Choon Chan Peng Hong Tan Toon Sing Leow Poh Ching oi Leong Chye PLEA Guilty VERDICT Guilty SENTENCE Death by hanging Sentenced carried out 5 March 1946 in Taiping Gaol, Perak |
Sergeant Major Otoda Hiroshi was attached to the Alor Star military police station (ASMPS) as a Kempei or military police. He was picked out of an identification parade held at the Alor Star civil gaol on 4 Feb 1946 by Khor Lian Boo, Ong Boon Kheng, Chan Peng Hong and Leow Poh Ching. He was identified by the four witnesses separately and independently.
Among the many cases examined, this case is unusual because Otoda, unlike the majority of accused, pleaded guilty to the charges. Otoda however justified his actions; he had merely discharged his duties according to “the policy of the kempeitai and living up to its traditions to the best of my ability” and he sincerely believed that his “treatment of [the victims] was for the common good.” Given his statement in defense of his actions, he was asked whether he had received direct orders from his superiors to commit torture. Otoda stated that he had not but that the 4 victims were "Communists" and that "the Japanese Army had a very strict law saying that all Communists must be destroyed." From his statements, it is clear that the Kempei were determined to weed out anti-Japanese individuals through random mass arrests, followed by torture for the purposes of extracting confessions or information.
Despite his petition to mitigate his sentence, Otoda was found guilty of having perpetrated torture in accordance with "a settled course of conduct regarding those confined" at the ASMPS. These were summarised by the prosecution as:
"(a) Beating and poking with sticks, and kicking
(b) Slapping the face with hands or slippers
(c) Suspending upside down
(d) Suspending by the wrists tied behind the back
(e) Burning with hot strips of metal or cigarette ends
(f) Water torture. This consists of placing the victim on his back, flannel over his face, water is played from a hose attached to a tap, and water is sucked in, this continues until the victim’s stomach is filled with water and distended, sometimes a plank is placed upon the stomach and pressed or stood upon until the water is forcibly expelled."
Death of GAN CHENG CHUAN (ill-treatment leading to death)
GAN was arrested on 23 March 1943 and imprisoned at ASMPS which had three cells housing approximately 100 detainees. His wife, Goh Sew Gim, testified that she last saw GAN when he left for work to his office. She heard about his arrest from GAN's office colleagues. GAN was tortured almost daily, sometimes a few times a day. Fellow detainees testified to seeing GAN returned to the cell after multiple torture sessions and telling them about the beatings and water treatments he had received at the hands of Otoda and a translator named Higa (Hika).
Khor Lian Boo, Soon Hung Teng and Ong Boon Kheng testified that on 28 March, after GAN was returned to the cells after another torture session, they heard GAN's insistent cries for water grow weaker until it eventually subsided. Eo Cheng Chooi, a former schoolmate's of GAN, testified that GAN was relocated to his cell on 28 March and died the next morning. On 29 March, at approximately 9am, Otoda and Higa wrapped GAN's body in a blanket and carried him out of the cell.
Death of KUNG CHOON HOE (ill-treatment leading to death)
A witness (name not available as preceding page is missing) testified that Otoda, a Taiwanese interpreter Chin San, and a driver had taken KUNG to Pokok Sina (Sena). There, he had been buried in a hole in the ground up to his neck and asked to confess and provide names of conspirators. After repeated attempts, to no avail, KUNG was returned to his cell in ASMPS. The next day, he was taken out of his cell and tortured. This same witness testified that he heard KUNG's "shouts and cries but suddenly the cries stopped." This version of events was corroborated by Ong Boon Kheng and Khor Lian Boo. That same night, the witness testified that the lights in the cells had been switched off. He could however see a few Japanese soldiers "carry out a dead body covered with a sack with head and legs exposed and throw it into a lorry outside." He had assumed it was KUNG's body.
KUNG's brother, Kung Choon, was also arrested with KUNG. In his statement, he said that they were not questioned during the initial 12 days. After that, over the next few days, KUNG was taken out of his cell and tortured daily. On the 14th day, Kung Choon said he heard his brother's screams stop. He had "waited for him to be brought back but he never returned." The next day, together with 2 other detainees, Kung was taken before the M.P. Chief who informed them that their investigations had concluded that they were not guilty. They were warned however that the investigation against them was not closed. Kung Choon was informed that his brother had been found guilty and "could never be allowed home." He was warned to not speak to anyone about what had happened or "tell anyone what I had seen or heard."
Death of AH HIN (ill-treatment leading to suicide)
AH HIN's cellmate, Khor Lian Boo, testified that he had seen Ah Hin beaten on one occasion; at other times, he knew Ah Hin had been subjected to water treatment. According to Khor, "one night, Ah Hin took his own life by hanging himself with a small blanket against the cell door." Ong Boon Kheng provided a similar, corroborating testimony,
Death of POH HOON (ill-treatment leading to death)
Witness Ong Boon Kheng shared a cell with POH following Ong's arrest on 21 March 1943. He was aware that POH had received water treatment on numerous occasions because he had heard "gurgling cries" followed by POH's being returned to the cell "unable to stand and was all wet." On one occasion, Ong also saw POH assaulted (kicked) while tied to a chair for about half an hour. On 26 March, POH was taken away in a car.
Chan Peng Hong, warded at the prison hospital after sustaining injuries from being tortured while at ASMPS, testified that POH arrived at the hospital on 26 March. He saw POH carried in, "his body was covered with wounds and blood was coming out of his mouth. He could not speak." POH died that same night at approximately 9pm.
NOTES
Among the many cases examined, this case is unusual because Otoda, unlike the majority of accused, pleaded guilty to the charges. Otoda however justified his actions; he had merely discharged his duties according to “the policy of the kempeitai and living up to its traditions to the best of my ability” and he sincerely believed that his “treatment of [the victims] was for the common good.” Given his statement in defense of his actions, he was asked whether he had received direct orders from his superiors to commit torture. Otoda stated that he had not but that the 4 victims were "Communists" and that "the Japanese Army had a very strict law saying that all Communists must be destroyed." From his statements, it is clear that the Kempei were determined to weed out anti-Japanese individuals through random mass arrests, followed by torture for the purposes of extracting confessions or information.
Despite his petition to mitigate his sentence, Otoda was found guilty of having perpetrated torture in accordance with "a settled course of conduct regarding those confined" at the ASMPS. These were summarised by the prosecution as:
"(a) Beating and poking with sticks, and kicking
(b) Slapping the face with hands or slippers
(c) Suspending upside down
(d) Suspending by the wrists tied behind the back
(e) Burning with hot strips of metal or cigarette ends
(f) Water torture. This consists of placing the victim on his back, flannel over his face, water is played from a hose attached to a tap, and water is sucked in, this continues until the victim’s stomach is filled with water and distended, sometimes a plank is placed upon the stomach and pressed or stood upon until the water is forcibly expelled."
Death of GAN CHENG CHUAN (ill-treatment leading to death)
GAN was arrested on 23 March 1943 and imprisoned at ASMPS which had three cells housing approximately 100 detainees. His wife, Goh Sew Gim, testified that she last saw GAN when he left for work to his office. She heard about his arrest from GAN's office colleagues. GAN was tortured almost daily, sometimes a few times a day. Fellow detainees testified to seeing GAN returned to the cell after multiple torture sessions and telling them about the beatings and water treatments he had received at the hands of Otoda and a translator named Higa (Hika).
Khor Lian Boo, Soon Hung Teng and Ong Boon Kheng testified that on 28 March, after GAN was returned to the cells after another torture session, they heard GAN's insistent cries for water grow weaker until it eventually subsided. Eo Cheng Chooi, a former schoolmate's of GAN, testified that GAN was relocated to his cell on 28 March and died the next morning. On 29 March, at approximately 9am, Otoda and Higa wrapped GAN's body in a blanket and carried him out of the cell.
Death of KUNG CHOON HOE (ill-treatment leading to death)
A witness (name not available as preceding page is missing) testified that Otoda, a Taiwanese interpreter Chin San, and a driver had taken KUNG to Pokok Sina (Sena). There, he had been buried in a hole in the ground up to his neck and asked to confess and provide names of conspirators. After repeated attempts, to no avail, KUNG was returned to his cell in ASMPS. The next day, he was taken out of his cell and tortured. This same witness testified that he heard KUNG's "shouts and cries but suddenly the cries stopped." This version of events was corroborated by Ong Boon Kheng and Khor Lian Boo. That same night, the witness testified that the lights in the cells had been switched off. He could however see a few Japanese soldiers "carry out a dead body covered with a sack with head and legs exposed and throw it into a lorry outside." He had assumed it was KUNG's body.
KUNG's brother, Kung Choon, was also arrested with KUNG. In his statement, he said that they were not questioned during the initial 12 days. After that, over the next few days, KUNG was taken out of his cell and tortured daily. On the 14th day, Kung Choon said he heard his brother's screams stop. He had "waited for him to be brought back but he never returned." The next day, together with 2 other detainees, Kung was taken before the M.P. Chief who informed them that their investigations had concluded that they were not guilty. They were warned however that the investigation against them was not closed. Kung Choon was informed that his brother had been found guilty and "could never be allowed home." He was warned to not speak to anyone about what had happened or "tell anyone what I had seen or heard."
Death of AH HIN (ill-treatment leading to suicide)
AH HIN's cellmate, Khor Lian Boo, testified that he had seen Ah Hin beaten on one occasion; at other times, he knew Ah Hin had been subjected to water treatment. According to Khor, "one night, Ah Hin took his own life by hanging himself with a small blanket against the cell door." Ong Boon Kheng provided a similar, corroborating testimony,
Death of POH HOON (ill-treatment leading to death)
Witness Ong Boon Kheng shared a cell with POH following Ong's arrest on 21 March 1943. He was aware that POH had received water treatment on numerous occasions because he had heard "gurgling cries" followed by POH's being returned to the cell "unable to stand and was all wet." On one occasion, Ong also saw POH assaulted (kicked) while tied to a chair for about half an hour. On 26 March, POH was taken away in a car.
Chan Peng Hong, warded at the prison hospital after sustaining injuries from being tortured while at ASMPS, testified that POH arrived at the hospital on 26 March. He saw POH carried in, "his body was covered with wounds and blood was coming out of his mouth. He could not speak." POH died that same night at approximately 9pm.
NOTES
- The trial transcripts are missing from the folder (or perhaps had never been filed in the first place). As such, only summarised statements are available with regards to testimonies. The only document in Q&A format refers to questioning by the President and replies from Otoda.
- Otoda does not implicate his superiors in his statements. One of the witnesses however spoke of the "Military Police Chief" -- whether or not he was referring to Otoda is not clear. If the Officer in Charge (OIC) of the ASMPS was someone other than Otoda, it is unclear whether he was ever charged. It is likely that he was either not reported, not made known to investigating officers, or was not located, and therefore not made to stand trial.
- In this case, multiple victims/witnesses testified that a "Taiwanese interpreter" by the name of Chin San was involved in the interrogations; at other times an interpreter by the name of Hika was present. The presence of Taiwanese or Koreans among Kempei ranks was not unusual.
- It should also be noted that the translators/interpreters mentioned, Higa/Hika and Chin San, were not tried together with Otoda. There is also no mention as to whether attempts were made to locate them or whether they were in custody. Consequently, whether they were tried for their part in this crime has not been ascertained.
- It is unclear whether a defence was mounted to prove that the victims were indeed Communists or anti-Japanese individuals. None of the prosecution witnesses appear to have made mention of having been involved in anti-Japanese activities or belonging to any subversive or 'underground' groups.
- It should be noted that of the 10 witnesses who testified, save for one (Goh Sew Gim), the rest were also victims, in that they testified to having been arrested and tortured by Otoda at ASMPS. However, Otoda was not tried for ill treatment of these prosecution witnesses, only of ill treatment of the 4 prisoners who died.
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DOCUMENTS AVAILABLE ONLINE FROM INTERNATIONAL CRIMINAL COURT (ICC) Notes: ICC digitised records are limited to charge sheet, judgement, trial records (partial), and reference to proceedings (see: links below). TNA UK records are more comprehensive and include e.g. Otoda Hiroshi's original signed statement and signed documents relating to his petition, signed death warrant. Also, ICC records record the prosecution counsel as Maj. W.J. Davies, R.A. The TNA docs list Maj. J.M. Davies in that role. LINKS http://www.legal-tools.org/doc/678f49/pdf/ http://www.legal-tools.org/doc/101869/pdf/ http://www.legal-tools.org/doc/82cbf8/pdf/ http://www.legal-tools.org/doc/7416f8/pdf/ |