Maltreatment of Prisoners of War

The claimant was a Private in the 7th Battalion-Regimental number 16903. He enlisted in August, 1914, at the age of 25 years. He was taken prisoner April 24, 1915, during the second battle of Ypres, unwounded but suffering slightly from gas. He was repatriated to England December 27, 1919. He is not in receipt of pension, nor has he applied therefor. He was married April 15, 1921, and has one child. Prior to enlistment, he was employed as a painter and decorator, earning approximately $800 per annum, and since his discharge has followed the mine trade, averaging about $1,250 per annum.

He alleges that while a prisoner of war he was subjected to maltreatment which has resulted in pecuniary damage to him. He complains of wrongful imprisonment and a sentence of 12 years by Military Court 'Martial at Hanover, of beatings and general abuse in numerous camps and it broken nose resulting from a blow.

An analysis of the evidence reveals:

Claimant has had a wide experience of German prison camps. The record shows he was at Giessen, Celle-lager, Vehnemoor, Ostenholzer, Bokelah ,Cologne jail, Luneberg, Saltau, Wilhelmshaven and Baden. It is of his treatment, at Bokelah and Cologne that he chiefly complains. At the former camp he was one of a party of prisoners involved in a so-called mutiny. For refusing to obey the orders of the Sergeant-Major in charge, and demanding to see the camp commandant, the guards, under orders, charged with fixed bayonets, killing one man and injuring several others. Claimant himself, in the disorder which ensued, was struck over the nose, breaking it. These prisoners were tried by Court Martial and sentenced to long terms of imprisonment - as long as 10 years being imposed. Claimant complains bitterly of the unfairness of this trial, describing it as a farce. The prisoners were represented and a member of the American Embassy was present. I am not, concerned with the merits of the case as conducted before the court martial, but if results, from the report of the trial, filed of record, that the American representative found the offence clearly established. To say the least there had been a serious disobedience of orders, and I cannot say, from claimant's own statement, that the finding of the court was wholly unjustified. Claimants demeanor before this Commission was truculent and defiant and was not such as to arouse sympathy, but rather created the impression that he was not only capable of inciting hostility but did arouse the active enmity of his captors. He served ten months of his sentence in Cologne jail, under conditions of severity and brutality which can only be explained by claimant’s probable attitude to his captors. Be this as it may, I am convinced that claimant, however truculent he may have been, received punishment beyond his deserts, which cannot be justified . He declares that his health has been ruined as a result of these experiences and complains chiefly of his stomach condition.

The medical evidence is very scant and consists merely of the certificate of Dr. W. Ewing, indicating that claimant suffers from a fractured nose and dyspepsia. His percentage of disability is stated at from 10 to 15 per cent in his own calling and at 30 to 40 per cent in the general labour market. The medical report of claimant’s, exit examination, upon discharge from the service shows no disability.
In this state of the record I have had some difficulty in reaching a conclusion, but on the whole, the recital of claimant’s experiences, at Bokelah camp leaves me with the conviction that lie was subjected to maltreatment whilst a prisoner of war which has resulted in some disability to him - the injury to his nose is clearly such. I would, accordingly, recommend a payment to claimant of $500, with interest thereon, at the rate of 5 per cent per annum, from January 10, 1920, to date of payment.

ERROL M. McDOUGALL,
Commissioner,
OTTAWA, December 3, 1931.
Originally printed on page 262-263 of the report