Press translations [Japan]. Political Series 0343, 1946-02-16.

Extracts:

In connection with SCAP's purge Directive, the Communist Party demand yesterday the general resignation of the SHIDEHARA Cabinet, adopting the following attitude:

• 1.The Government's measure of yesterday is extremely inconsistent. First of all, the Imperial Generalissimo must he cross-examined as the main war crime suspect for he is principally responsible for the war. On the other hand, those bureaucratic-Fascist war-criminals who promoted the war and encroached upon personal rights both in TOKKO and elsewhere should be brought to justice in accordance with the POTSDAM Declaration.
• 2.Three of the Cabinet colleagues are said to come under the terms of the purge directive, but all of them fall, more or less, within the purview of it, and in order to carry out the directive faithfully, the resignation en bloc of the war-criminal Cabinet is demanded.
• 3.To realize the general resignation of the SHIDEHARA Cabinet and to get rid of all the war-criminals, it is necessary for "both the Social Democrats and Communists, including other Democratic elements to combine into a democratic front.

ITEM 2 FUKUHAR Sentenced to Death by Hanging; SAKAMOTO and AONO Tried - Asahi Shimbun - 15 February 1946. Translator: K. Murakami.

Full Translation:

Verdict on FUKUHARA

The 15th session of the military tribunal concerning FUKURARA was opened at 0900, 14 February. Prosecutor CAPPS demanded the death sentence for the accused on the grounds that he had neglected to supply food and medical equipment, thereby causing the death of prisoners by starvation, and had tortured Mitcham SUTEIKURAIN* and that he should hear responsibility for his subordinates. After the prosecutions' case, Major PHILLIPS for the defense stated that FUKUHARA did his patriotic duty as he thought was right. In addition the defense counsel pointed out the difference between the Japanese and American armies. This was followed by defense attorney HISHI-MADA's plea for the defendant.

POLITICAL SERIES: 314 (Continued)

ITEM 2 (Continued)

After the recess, Major CHISDALE, former senior officer at the camp, testified to the lynchings which occurred in the camp at that time. At noon, Chief Judge, Colonel CLE[illegible]D[illegible]EN, after holding a final secret session, declared that the court would reconvene at 1600.

The court opened at 1620, when Chief Judge, Colonel CLENDE[illegible]read the decision of the court on the 16 charges, (the 17th charge bad been withdrawn by the prosecution). The defendant was found guilty on seven charges, including the cause of JOHNSON's death due to maltreatment, he was declared [illegible]of the other nine charges. Thus, the accused, FUK[illegible]HAPA, has been finally condemned to death by hanging.

The SAKAMOTO Case.

The second session of the trial of SAKAMOTO was opened at 0900, 14 February. Private (Medical) HATA, Mesahito, who served under SAKAMOTO, appeared in the court as a witness. He testified to the meeting held on April, 1945, which was called a celebration for the death of President ROOSEVELT, mentioned in the 4th of the alleged charges, as a farewell meeting for Sargeant Major MORITAKE. The prisoners were not forced to put on any entertainment. Furthermore, he had never heard of a celebration for the death of President ROOSEVELT nor of prisoners being beater, to death, and had never witnessed SAKAMOTO striking any prisoner. Medical supplies were always available except for some special items. After this evidence, which was very favorable to the accused, the court recessed at noon.

The court reconvened at 1400 and the cross-examination of private HATA was continued. The witness stated that the HAKOZAKI, MUSHIROTA and SHIINA Camps where the defendant acted as commandant, there had been 80 sick prisoners and 75 of then had died though not resulting from beatings. The responsibility for these deaths should rest upon the commandant. The Chief Judge, Colonel TRECHTER questioned him on the life of the prisoners. The court adjourned at 1600.

AONO Case

The third session of the trial of AONO, which had been scheduled for the 16tn, was opened at 0900, 16 February. The accused appeared in the witness stand. In reply to the questioning, he spoke of his career and of conditions in the camp at that time. He said that he had admitted serious cases into the military hospital.

In the afternoon, he stated that he had seen YAMADA and TANABE, his men, striking prisoners. The court adjourned at 16[illegible]0.

Full Translation:

The view is held by a section of the Progressive Party that a decisi[illegible]should be reached according to which all recommended Diet mm hers would have to resign of their own accord, but following the deliveration of 14 February, it became clear that there was another view opposing such overall Party policy and favoring individual action by those concerned. Thereupon, all party agencies in the country were accordingly notified by Secretary TSURUMI of the stand taken by the Government and asked for speedy individual co-operation.

The Liberals and Social Democrats likewise intend to respect the 9 triune taken by individuals in spite of the fact that the Government will adopt a uniform policy without granting exceptions. Individuals will free to react to the questionaires as they see fit and no hasty line will be made public.

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POLITICAL SERIES: 343 (Continued)

Full Translation:

The Progressive Party and particularly Mr. SAITC, Ta[illegible]ao, have been busy studying the Constitution problem. During a committee meet on 14 February, a formal decision was adopted on this score. The starting point was article 1 of the party program: "The Japanese national structure is to be preserved, democracy will he thoroughly realized, and a responsible Government with a Parliament as its center will be established." Accordingly sovereignty is to lie with the Emperor and the upholding of the monarchy is to be the basis of the expansion and strengthening of the Diet's prerogatives and the Diet is to participate in the application of the Emperor's prerogatives. Final accomplishment of democracy and respect for hums rights will become the general policy underlying everything. Here are the points which differentiate the Progressive's program from other party schedules: Art. 4: Treaties will be concluded after discussion by the Diet. Art. 8: Important matters concerning the educational system will be resulted by law. Art. 10: In case a Japanese subject is unlawfully arrested or imprisoned, he or she can file a demand with the court to be heard. As regards the Emperor, the expression "The Sovereignty lies with the Emperor" is avoided. Instead, the following wording is employed: "The Emperor assisted by the people, exercises his right to rule according to the provisions of the Constitution" (Art. 1).

The monarchy is the result of history and popular beliefs and has become the rallying point of a unified Japanese state. We do not advocate unscientific mythology, but we face actual facts. We op[illegible]os disregarding the Emperor System now, at substituting for it a re - publican system because it would a mean the beginning of the breakdown of the state. The following Articles in the Progressive Draft dese[illegible]attention:

• 1.Legislation is brought about through co-operation with the Diet; for the administration the collaboration of the Cabinet is recurred: the Courts of Law will be entrusted with jurisdiction. (The Emperor assisted by the people will rule according to the constitution, as stated before.
• 2.Delegated legislation and ordinances not authorized by the Dirt will be abolished.
• 3.Urgent Imperial ordinances must pass a standing Diet committee.
• 4.The declaration of war, the conclusion of peace, treaties of alliance and the conclusion of treaties concerning, legislation or important matters must previously be discussed by the Diet.
• 5.The Articles of the Constitution concerning the Supreme Command, the right to levy [illegible]rmies [illegible]wells those concerning extraordinary powers re rescinded.
• 6.The proclamation of martial law requires previous discussion the Diet.
• 7.
• 7.Matters relating to the Cabinet, the various ministries of State and other key positions for administrative control must be regulated by Law. - 3 -

•   POLITICAL SERIES: 343 (Continued) ITEM 4 (Continued)
• 8.Important matters related to the education system must be regulate by Law, as mentioned before.
• 9.The Emperor will be deprived of the right to bestow aristocratic title.
• 10.This article concerns the unlawful arrest and detention of Japanese subjects as described above.
• 11.Japanese subjects cannot be forced, by pressure, to admit the commission of crimes.
• 12.Legislation limiting the inviolability of the home, the se[illegible]y of letters, and the liberty of faith, opinion, authorship, printing, assembly and association is admissible only when necessary for uphold public orders.
• 13.The House of Peers is abolished and a State Council is to be created according to a State Council Law, this council is to be composed of elected members and those elected by experienced scholars.
• 14.The budget and financial legislation will be previously discussed by the Diet. The State Council is not in a position to vote the reintroduction of a budget defeated by the Diet.
• 15.Legislature twice approved by the Diet is regarded as having acquired validity without the consent of the State Council.
• 16.The Lower House can issue nee confidence votes or impeachments against the Cabinet or Ministers without portfolio.
• 17.The Sessions of the Diet last 5 moths. The Diet can demand extensions or the convocation of extraordinary Sessions.
• 18.There will be a standing Diet committee. This standing co emit tee will handle urgent Imperial Ordinances in between sessions and other urgent business.
• 19.If the Emperor wishes to appoint a premier he will consult with the presidents of both Houses. Ministers without Portfolio are nominated on recommendation by the Premier. The Premier and the Ministers without Portfolio will form the Cabinet.
• 20.The Premier and the Ministers without Portfolio are responsible to the Diet.
• 21.The Privy Council is abolished.
• 22.A Supreme Court will decide whether or not Law and Ordinances are constitutional or legal.
• 23.The Administrative Court is abolished; its prerogatives are transferred to the Courts of Law.
• 24.If the budget falls through, a provisional budget covering a period of three months and based on the monthly figures of the previous budge is adopted. This provisional budget needs the approval of the standing Diet Committee. In order to introduce the new budget within the said three months, the Government must convene the Diet.
• 25.Both Houses can discuss changes of the Constitution if a two-third majority is in favor of such discussion.

DISTRIBUTION "X"

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