Maltreatment of Prisoners of War

The claimant was a Private in the 15th Battalion - Regimental number 27220. He enlisted in August, 1914, at the age of 25 years. He was taken prisoner April 24, 1915, suffering from a slight shrapnel wound in the left leg. He was released to Holland June 13, 1918, and reached England October 4, 1918. He is in receipt of 100 per cent disability pension, based on general debility, which amounts to $119.50 per month for self, wife and child. He was married December 30, 1918. Prior to enlistment, he was employed as shipper and receiver for the Consolidated Rubber Company, at Saskatoon, Sask., at a salary of approximately $100 per month, and since his discharge he operates a fruit and vegetable farm at Grimsby, Ontario, with indifferent success, and declares that he is in financial straits. The claimant is a full-blooded member of the Mohawk Indian nation.

He alleges that while a prisoner of war he was subjected to maltreatment which has resulted in pecuniary damage to him. He complains of inhuman treatment and severe beatings at the salt mines, that he was tied to posts as punishment and brutalized, made to work when unfit, until he collapsed.

An analysis of the evidence reveals:

This is a particularly distressing case. The claimant, a full-blooded Mohawk Indian, upon enlistment was a strong powerful man. When captured, he had a minor flesh wound in the leg. He is now a physical wreck and in receipt 100 per cent pension. He appears to have aroused the special vindictiveness of his captors by reason of his nationality. This fact is borne out by various witnesses who were present when he was brutalized, all of whom testify that he was singled out and received harsher treatment than other prisoners. Claimant was first taken to Cottingen camp where he was beaten, knocked down and kicked. He was removed to Celle-lager. At this camp for some minor breach of discipline he was daily tied to a post for four days and while in this position was hit over the face and mouth. A declaration of loyalty evidently provoked this brutality. He was even severely beaten by an officer. Although injured, he received no medical treatment and was then sent to the ill-famed Beienrode salt mines for two years. Here, he received frequent beatings while at work, and, even when in solitary confinement, was assaulted by his guards with a rubber hose for no apparent reason and left in an unconscious condition. He was compelled to work, when able to stand, for as much as 12 to 16 hours per day, in underground mines and was brutalized by the sentries by being kicked and struck with fragments of rock salt and the butts of rifles. One of these blows on the head, while in a stooping position, injured the back of his neck, which has remained stiff ever since, and, as a result of these experiences, claimant has be wholly incapacitated. He walks with difficulty and can scarcely move his head from side to side.

According to the medical testimony claimant suffers from chronic arthritis and myalgia, most marked in his right hip. Dr. J. H. McMillan, who appeared before the Commission, declares that there is no hope of any improvement and that he suffers great pain, which can only be relieved at times by the administration of narcotics. From the history of the case as told by claimant, and disclosed in his medical history files, it is proven that claimant's present condition is the direct result of his treatment whilst a prisoner of war. The numerous witnesses who appeared in support of claimant's case are unanimous in declaring that claimant was subjected to most deliberate and heartless cruelty, far in excess of that received by other prisoners.

Claimant is in receipt of a full pension, but I do not consider that this payment precludes him from recourse before this Commission. It is not pretended that the pension award can compensate a man for the ruin of his life; it is merely furnished as a means of subsistence to the victim and his family. Viewing all the circumstances of the case, and having regard to the observations contained in the Opinion annexed to the present report, I consider that claimant is entitled to an award. I would, accordingly, recommend payment to him of the sum of $3,000.00, 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 7, 1931.

Originally printed on page 38 of the report