Maltreatment of Prisoners of War

The claimant was a Private in the 15th Battalion - Regimental number 27136. He enlisted in August 1914 at the age of 19 years. He was taken prisoner April 24, 1915, at the second battle of Ypres, unwounded bu

The claimant was a Corporal in the 3rd Battalion Regimental number 9159. He enlisted September 22, 1914, at the age of 16 and was taken prisoner April 24, 1915, at the second battle of Ypres, suffering from shrapnel wounds. He is not in receipt of pension. He was released March 19, 1918, on an exchange of non-commissioned officers. He was married in 1922 and has three children. Prior to enlistment, he was attending High School and since his discharge has been doing customs work for the Canadian General Electric, at a salary of $195 per month, and a monthly allowance of $30 on his car.

He alleges that while a prisoner of war he was subjected to maltreatment which has resulted in pecuniary damage to him. He complains of bronchial trouble due to exposure, stomach trouble from insufficient food, fallen arches from wearing wooden clogs and a general nervous condition. He was beaten on several occasions.

An analysis of the evidence reveals:

Claimant was taken to Giessen camp. He complains of lack of medical treatment for his wound during four days but declares that when he was attended the treatment was good. Before he was fit to do so, he was sent to Dedeseim on canal work, where, for refusing the assigned task he was beaten and clubbed with rifles. As a non-commissioned officer, he was not compelled to work, but for failing to volunteer to do so, he, with others, was punished by being made to wear wooden clogs parading around the prison enclosure for six and eight hours a day. To this treatment he attributes fallen arches from which he now suffers. He was beaten for sitting down to rest during one of these parades. He was badly beaten when recaptured, after an attempt to escape. He was returned to Giessen camp and served time in solitary confinement. He was later sent to Saltau and to Bohinte, which he describes as the worst camp he was in. He was repeatedly beaten here and made to stand on parade for long hours. The parcels were denied to prisoners and he was practically starved. He complains of the condition of his nerves, a bronchial condition and flat feet, as a result of these experiences.

The medical record discloses that claimant has lost weight and in addition to the ailments above mentioned, has some kidney trouble. Dr. L. A. Pequenat, who appeared before the Commission, was very frank in declaring that a large part of claimant's disability is of post-war origin. He cannot distinguish between disabilities resulting from service and imprisonment but considers that claimant's general physical condition is impaired, possibly to the extent of 40% in the general labour market and 20% in his own work, which is clerical in nature.

Claimant was quite young when captured and there can be no question that he has suffered from under-nourishment and excessive work. I do not think that the particular acts of maltreatment to which he alludes have, in themselves, left any very great physical disability, but I do think that his general health was affected by the strain and continual fear of punishment. For the reasons stated in Opinion annexed to the present report, I find that claimant has established some disability resulting from maltreatment. Viewing all the circumstances of the case, I would accordingly, recommend payment to claimant of the sum of $500, with interest thereon, at the rate of 5% per annum, from January 10, 1920, to date of payment.

ERROL M. McDOUGALL,

Commissioner.

OTTAWA, December 2, 1931.

Originally printed on page 71 of the report