122

122

CASE No. 76

CASE No. 76

TRIAL
TRIAL OF WASHIO AWOCHI
OF WASHIO AWOCHI

NETHERLANDS TEMPORARY COURT-MARTIAL

NETHERLANDS TEMPORARY COURT-MARTIAL AAT BATAVIA

T BATAVIA

(JUDGMENT
(JUDGMENT DELIVERED
DELIVERED ON 25TH OCTOBER,
ON 25TH OCTOBER, 1946)

1946)

Enforced prostitution a war crime.

Enforced prostitution a war crime.

A. OUTLINE
A. OUTLINE OF
OF THE PROCEEDINGS
THE PROCEEDINGS

The
The accused, Washio Awochi,
accused, Washio Awochi, aa Japanese
Japanese hotel-keeper
hotel-keeper who
who ran
ran aa club­
club­

restaurant in Batavia from 1943 to 1945, was tried for having forced Dutch
restaurant in Batavia from 1943 to 1945, was tried for having forced Dutch

women to
women to practice
practice prostitution
prostitution in the premises
in the premises of the club.
of the club.

1. THE CHARGE
1. THE CHARGE

The
The accused
accused waswas charged with having
charged with having"" in time of
in time war and
of war and asas aa subject
subject

of
of a hostile power,
a hostile power, namely
namely Japan,"
Japan," and"
a n d " owner
owner of the Sakura-Club,
of the Sakura-Club, founded
founded

for
for the use of
the use Japanese civilians,"
of Japanese civilians," committed"
committed " w war
a r crimes by, in
crimes by, violation
in violation

of the laws
of the laws and
and customs
customs of war, recruiting
of war, recruiting womenwomen and and girls to serve
girls to the
serve the

said civilians or
said civilians or causing them to
causing them to be
be recruited
recruited for the purpose,
for the purpose, and then under
and then under
the
the direct
direct or
or indirect threat of
indirect threat the Kempei
of the Kempei (Japanese Military Police)
(Japanese Military Police) should
should

they wish
they wish to
to leave,
leave, forcing them to
forcing them to commit
commit prostitution with the
prostitution with the members
members
of the said
of the said club,"
club," wwhich the women
hich the women andand girls" were not
gi rl s " were not able to leave
able to leave freely."
freely."

The prosecution
The prosecutio n asked
asked the
the court to find
court to find thethe accused
accused guilty
guilty of
of " the war
" the war
crime of
crime of enforced
enforced prostitution"
p rostitution" and
and toto convict
convict him to 15
him to years'
15 y ears' imprison­
imprison­

ment..
ment

2.
2. THE
THE EVIDENCE
EVIDENCE

The
The court
court heard
heard as witnesses some
as witnesses some 12 women or
1 2 women or girls who
girls w were forced
ho were to
forced to

prostitution by
prostitution by the
the accused.
accused. According
According to to the
their testimony,
ir test imony, given under
given under

oath
oath and
and corroborated
corroborated b by
y other
other evidence,
evidence, as well
as we ll as
as statements made b
statements made by
y

the accused
the accused himself, the facts
himself, the were
facts were as
as follows:
follows :

Awochi was
Awochi was established
established in Batavia
in Bat avia from
from 1920
1920 and returned
and retu rned to to Japan
Japan prior
prior

to the aggression on Pearl Harbour, on

to the aggression on Pearl Harbour, on 30th November, 1941.
30th November, 1 941. After
A the
fter the

occupation of
occupation the D
of the Dutch
utch East
East Indies
Indies byby Japanese
Japanese forces,
forces, he he retu
returned
rned t to
o

Batavia in
Batavia June, 1942.
in June, 1942. He first
He first opened
opened a restaurant
a restaura nt called" Akiboro."
called " Akiboro."

Later
Later on, in 1943,
on, in he rented
1943, he rented a a block
block of houses
of ho uses and
and opened
opened a brothel
a b to which
rothel to which
aa restaurant
restaurant andand a bar were
a bar were attached.
attached. The
The place was known
place was known as as the
the Sakura
Sakura

Club
Club and
and waswas exclusively
exclusively r reserved
eserved forfor Japanese
Japanese civilians.
civilians. His
His assistant
assistant in in

the brothe
the brothell business
business w was
as a woman,
a wo man, Lies
Lies Beerhorst, with whom
Beerhorst, with whom he he had
had lived
lived

since 1943.
since 194 3. With
W her he
ith her help,
lp, girls were engaged
girls were engaged toto serve
serve in the restaurant
in the restaurant

or
or in the bar
in the bar as waitresses and
as waitresses then gradually
and then gradually forced
forced toto commit
commit acts acts ofof

prostitution
pros titution wiwith the customers.
th the customers. In most
In mo st cases, when accepting
cases, when accepting to to serve
serve

in
in the restaurant
the res taurant or bar, the
or bar, the girls
girls were unaware of
were unaware the existence
of the existence of the
of the

brothel.
brothel. In
In other
other cases they knew
cases they knew ofof it, but made
it, but made specific
specific arrangements
arrangements

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that they
that they would
would have
have nothing
nothing to to do with it.
do with it. In only
In only a a few
few cases
cases did the
did the

girls
girls willingly
willingly and knowingly accept
and knowingly the prostitution.
accept the prostitution. Threats with police
Threats with police
measures were,
measures were, in
in some
some instances, used at
instances, used the stage
at the stage ofof inducing
inducing the the girls
girls

to become
to become waitresses.
waitresses. In In all
all cases the girls
cases the wished to
girls wished to leave the place
leave the place either
either

when put
when under pressure
put under pressure to to become
become prostitutes
prostitutes or or a
a certain time after
certain time having
after having

started this activity.

started this activity. They were not
They were not allowed
allowed to to do
do so.
so. All were
All were threatened
threatened
with the
with the Japanese
Japanese police, that is
police, that with imprisonment
is with imprisonment or or deportation,
deportation, and and some
some

,were
were eveneven severely. beaten.
severely beaten.

Some
Some girls were required
girls were required to to earn
earn a minimum of
a minimum 450 guilders
of 450 guilders perper evening,
evening,

and thus to
and thus receive at
to receive at least three visitors.
least three visitors. No No girl was allowed
girl was allowed to to receive
receive
less than two
less than two visitors
visitors every
every night.
night.

In several
In several instances
instances girls who persisted
girls who persisted in
in asking
asking toto leave were delivered
leave were delivered

to the police
to the police and
and deported
deported to to other
other districts.
districts.

Among those
Among those who
who were
were thus
thus forced
forced to prostitution were
to prostitution were girls
girls of
of 12
12 and
and

14 years of
14 years of age.
age.

3. DEFENCE OF
3. DEFENCE OF THE
THE ACCUSED
ACCUSED

The
The accused
accused admitted. having run
admitted. having run the
the brothel
brothel with
with the
the assistance
assistance of his
of his

mistress, Lies Beerhorst, but pleaded that he had done so under orders of
mistress, Lies Beerhorst, but pleaded that he had done so under orders of

the Japanese
the Japanese authorities.
authorities. He also
He also alleged
alleged that the whole
that the whole business
business was
was
conducted
conducted by by Lies
Lies Beerhorst,
Beerhorst, and that, although
and that, although behe confirmed
confirmed every
every engage­
engage­

ment of
ment of girls, he personally
girls, he personally never
never used threat, force
used threat, force oror trick' to recruit
trick· to the
recruit the

girls
girls or
or make
make themthem remain
remain when
when they
they wanted
wanted toto leave.
leave. He
He confessed
confessed toto
having beaten one
having beaten one of the girls,
of the but contended
girls, but that this
contended that this was
was not
not inin order to
order to

force her to
force her prostitution, but
to prostitution, but for
for other reasons.
other reasons.

4. THE
4. THE JUDGMENT
JUDGMENT

The
The accused was found
accused was found guilty
guilty of the"" war
of the war crime
crime of
of enforced prostitution "
enforced prostitution"

and was sentenced

and was to 10
sentenced to years' imprisonment.
IO years' imprisonment.

B.
B. NOTES
NOTES ON
ON THE
THE CASE
CASE

1. THE COURT
1 . THE COURT

In the Netherlands
In the Netherlands East East Indies war crimes
Indies war trials are
crimes trials are conducted
conducted by by courts­
courts­

martial, that is by military courts. In

martial, that is by military courts. this case,
In this case, as well as
as well as in
in some
some other
other

trials reported
trials reported in these volumes,
in these volumes, thethe court
court waswas aa Temporary
Temporary Court-Martial.
Court-Martial.

The jurisdiction of
The jurisdiction of courts-martial
courts-martial inin the Netherlands East
the Netherlands East Indies
Indies over war
over war

crimes
crimes derives
derives from
from thethe Statute Book Decree
Statute Book Decree No.No. 4646 of
of 1946
1946 concerning the
concerning the

""Legal
Legal Competence
Competence in respect of
in respect of War
War Crimes."
Crimes." By this Decree
By this Decree amend­
amend­

ments were
ments made to
were made to the
the Statute Book Decree
Statute Book Decree No.No. 173
173 of
of 1934
1934 concerning the
concerning the

Competence of
""Competence the Military
of the Military Judge,"
Judge," whereby
whereby thethe latter's jurisdiction was
latter's jurisdiction was
extended
extended so so as to cover
as to cover warwar crimes.
crimes. According
According to Art. 10
to Art. 10 of Decree No.
of Decree No. 173
173

of
of 1934,
1934, asas amended, punishable acts
amended, punishable acts falling
falling within the competence
within the competence of the
of the

military judge
military judge are
are tried
tried byby courts-martial.
courts-martial.

The
The establishment
establishment and and functions
functions of temporary, as
of temporary, as of
of other,
other, courts-martial
courts-martial

are regulated by
are regulated by the
the Statute Book Decree
Statute Book Decree No. No. 7474 of
of 1946
1946 concerning
concerning thethe
"War
" W a r Crimes
Crimes Penal
Penal Procedure."
Procedure." Under
Under the the terms
terms of Art. 106
of Art. 106 of this
of this

Decree, temporary courts-martial

Decree, temporary courts-martial are are appointed,
appointed, whenever necessary, "in
whenever necessary, " in

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any
any territory
territory where
where a a state
state of
of siege
siege has
has been
been declared."
declared." The
The appointment
appointment

is
is made
made by by the
the commanding officer of
commanding officer of the
the area
area concerned,
concerned, and
and advice
advice is
is sent
sent

to
to the
the Governor-General
Governor-General and and the
the Supreme
Supreme Military
Military Court
Court for
for the
the Nether­
Nether­

lands
lands East
East Indies.
Indies.

In
In addition
addition toto temporary
temporary courts-martial,
courts-martial, war
war crimes
crimes trials
trials in
in the
the Nether­
Nether­

lands
lands East
East Indies
Indies may
may also
also be conducted by
be conducted by ordinary
ordinary courts-martial
courts-martial and
and byby

field
field general
general courts-martial.(,)
courts-martial.()

2.
2. NATURE
NATURE OF
OF THE
THE OFFENCE
OFFENCE

The
The accused
accused waswas found
found guilty
guilty of"
o f " enforced
enforced prostitution"
prostitution" under
under the
the terms
terms

of
of Art.
Art. 1,1 , para.
para. 77 of
of Statute
Statute Book
Book Decree No. 44
Decree No. 44 of
of 1946
1946 concerning
concerning thethe

"Definition of
"Definition of War
War Crimes."
Crimes." The
The relevant
relevant passages
passages read
read as
as follows:
follows :

"" Under
Under warwar crimes
crimes are
are understood
understood acts
acts which
which constitute a violation
constitute a violation

of
of the
the laws
laws and
and usages
usages of
of war
war committed
committed in in time
time of
of war
war by
by subjects
subjects of
of

an
an enemy
enemy power
power oror by
by foreigners
foreigners inin the
the service
service of
of the
the enemy,
enemy, such
such as
as :
:

7.
.
.
­ .

7. Abduction
Abduction of of girls
girls and
and womenwomen for for thethe purpose
purpose of of enforced
enforced

prostitution."
prostitution."

The
The above
above paragraph
paragraph 7 7 isis a a reproduction
reproduction in in Netherlands
Netherlands East East Indies
Indies

municipal
municipal law law of
of the
the offence
offence contained,
contained, underunder the the same
same number,
number, in in the
the list
list

of
of war
war crimes
crimes drawn
drawn up up byby the
the 19191 9 1 9 Commission
Commission on on thethe Responsibility
Responsibility of of

the
the Authors
Authors of of the
the War
War and and on on Enforcement
Enforcement of of Penalties.
Penalties. In
In its judgment
its judgment

the
the court
court ofof Batavia,
Batavia, inin fact,
fact, and
and veryvery rightly
rightly so,
so, put
put the
the accent
accent on on "enforced
"enforced

prostitution"
prostitution " in in itself,
itself, and
and not
not on on abduction
abduction or or deportation
deportation for for that
that

purpose.
purpose. In
In the
the case
case tried
tried there
there had had been
been no
no abduction,
abduction, and and itit would
would have
have

been
been unjustified
unjustified to to consider
consider that that for for this
this reason
reason enforced prostitution was
enforced prostitution was

not
not a a punishable
punishable act.act. This
This waswas obviously
obviously not not meant
meant by by the the drafters
drafters of of the
the

1919
1 9 1 9 list
list and
and of
of those
those of of the
the above
above quoted
quoted Art.
Art. 1.1.

The
The manifestations
manifestations of of what
what is is deemed
deemed to to constitute"
constitute " enforced"
enforced " prostitu­
prostitu­

tion
tion werewere considered
considered by by the
the court
court and and summarised
summarised in in its its findings
findings on on the
the

offence.
offence. With
With regard
regard to to the facts of
the facts of the
the case
case tried,
tried, they
they were were described
described as as

follows:
fo ll o w s :

Women
Women and and girls" intended for
girls "intended for prostitution
prostitution had had to to take
take up up residence
residence inin

aa part
part of of the
the club
club shut
shut offoff for
for thatthat purpose
purpose and and from
from whichwhich they they were
were not·
not

free
free to to move."
move."

When
When theythey wished
wished to to leave
leave thethe brothel,
brothel, women
women and and girls"
g i r l s " were
were threatened
threatened

with
with thethe Kempei
Kempei " " (Japanese
(Japanese military
military police),
police), which
which threats,
threats, in in view
view ofof the
the

nature of
nature of the
the Japanese
Japanese police,
police, " " were
were rightly
rightly considered
considered as as being
being synonymous
synonymous

with
with ill-treatment,
ill-treatment, lossloss of of liberty
liberty or or worse."
worse."

The
The threats
threats were
were " " of
of such
such a a serious
serious character"
character " that that " " the
the women
women and and

girls
girls were
were forced
forced through
through them them to to give
give themselves
themselves to to the
the Japanese
Japanese visitors
visitors

~f
of the
the Sakura
Sakura ClubClub against
against their
their will."
will."

The
The above
above descriptions
descriptions are illustrative of
are illustrative of the
the main
main elements
elements of of "" enforced
enforced

prostitution,"
prostitution," which which amount
amount to to compulsion
compulsion in in all
all its
its possible
possible forms. forms.

(") For
(8) For more
more details
details on
on the jurisdiction of
the jurisdiction of these
these courts,
courts, see
see the
the Annex
Annex to
to Vol.
Vol. XI
XI of
of
these
these Reports.
Reports, ..

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3.
3. PERSONAL
PERSONAL GUILT
GUILT OF
OF THE
THE ACCUSED
ACCUSED

With
With regard
regard to to the
the defendant's
defendant's plea plea that
that all business connected
all business connected with with the the

brothel was not conducted by him personally, but

brothel was not conducted by him personally, but byby Lies
Lies Beerhorst,
Beerhorst, the the

court
court was satisfied that"
was satisfied that " the the threats
threats were
were uttered
uttered chiefly
chiefly byby Lies
Lies Beerhorst
Beerhorst

and
and notnot by by the
the accused personally," but
accused personally," but established
established at at the
the same
same timetime his his

guilt
guilt onon thethe following
following grounds:
grounds : ', .·
The accused was
The accused was " " leader
leader and and head"
head " of of the
the Sakura
Sakura Club;
Club ; LiesLies Beerhorst
Beerhorst

"" lived
lived with
with himhim as as his
his mistress
mistress and and waswas a subordinate of
a subordinate of his
his ";
" ; the
the accused
accused

"had
" h a d great
great financial
financial interests
interests in in the
the takings
takings of of the
the club."
club." Therefore
Therefore the the

court concluded that"

court concluded that " it it can
can bebe established
established not not only
only that
that the
the accused
accused knew knew

of
of Lies
Lies Beerhorst's
Beerhorst's attitudeattitude towards
towards the prostitutes, but
the prostitutes, but even
even thatthat thisthis

attitude
attitude waswas the result of
the result of anan order
order given
given to to Lies
Lies Beerhorst
Beerhorst by by the
the accused."
accused."

The
The court
court referred
referred alsoalso to to the
the fact
fact that
that the
the girls used on
girls used prostitution were
on prostitution were

Dutch
Dutch womenwomen and and found
found that that "in
" in viewview of of where
where the power lay
the power lay inin this
this

country
country during
during the the Japanese
Japanese domination
domination and and ofof the
the ideas
ideas held
held byby the
the Japanese
Japanese

with
with regard
regard to to thethe relationship
relationship betweenbetween them them and and their
their subordinates,
subordinates,

especially if
especially if the
the latter belonged to
latter belonged to another
another race,
race, itit may
may be be taken
taken thatthat the the

accused
accused is is directly
directly responsible
responsible for for thethe treatment
treatment to which the
to which prostitutes .
the prostitutes

were subjected at
were subjected at the
the Sakura
Sakura Club."
Club."

In
In imposing punishment the
imposing punishment the court
court took took into
into consideration
consideration the the fact
fact that
that

the
the girls involved "were
girls involved " were mostly
mostly in poverty-stricken and
in poverty-stricken and difficult
difficult circum­
circum­

stances"
stances " and and that
that thethe "accused
" accused took advantage " of
took advantage" of itit for
for "his
" his own own

purposes";; that
purposes" that thethe accused"
accused "drew drew aa veryvery good
good income"
income" from from thethe club
club andand

that the girls"

that the girls " were
were forced
forced to to work
work veryvery hard
hard in in order
order to to make
make thethe takings
takings

as
as high
high as possible."
as possible."

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