Maltreatment of Prisoners of War

The claimant was a Private in the 15th Battalion - Regimental Number 27454. He enlisted in August, 1914, at the age of 32 years. He was taken prisoner April 24, 1915, at the second battle of Ypres, slightly wounded and gassed. He was, repatriated on January 1, 1919. He is not in receipt of a pension and is unmarried. Prior to enlistment, he was a sheet metal worker, at a wage of $15.00 per week, and since his discharge has been employed with the Neville Cooper Sheet Metal Works, at a wage ranging from $1,200 to $1,500 per year.

He alleges that while a prisoner of war he was subjected to maltreatment which has resulted in pecuniary damage to him. He complains of having to work three and one-half years in the salt mines with very poor food, suffers from nervous condition and a kick in the testicles which worries him and preys on his mind to such an extent that he will not marry. Loses about three months work per year on account of ill-health.

An analysis of the evidence reveals:

Claimant was taken to Gottingen camp, thence to Celle-lager. He has no complaints as to these camps. At Beienrode salt mines, where he was sent and remained for 3 1/2 years, he speaks of the conditions as very bad. In this he corroborates the statements of other claimants who were held at this camp. While working in the salt mines he was frequently beaten. In particular, and this is the basis of his complaint, he was kicked in the testicles by a guard and has sustained permanent injury. He was also struck on the head on the same occasion and rendered unconscious. He was in bed for a few days but was compelled to return to work. It is established by his employer Edward Neville, that claimant loses considerable time from his work by reason of his condition, for which through old friendship, allowance is made. It is entirely probable that he would not be kept on by any disinterested employer.

The medical record indicates a number of ailments, including chronic bronchitis, chronic gastro-interitis, high blood pressure and recurrent bilious attacks, apart from the injury to the testicles. His percentage of disability is rated at 30% in his own occupation and at from 25% to 30% in the general labour market. His disability is said to manifest itself in a lack of ability to concentrate and advanced absent-mindedness. Dr. Mortimer Fleming, who testified on behalf of claimant, believes the testicle condition to be permanent and declares that the repercussions of this injury upon his mental condition are very marked. He worries over his condition and fears sexual incapacity, though; in fact, Dr. Fleming thinks his fears are groundless in this regard.

Evidence of maltreatment coupled with resultant disability is clear in this case. I have no hesitation in declaring that claimant is entitled to an award for maltreatment as prisoner of war. The conditions and treatment at Beienrode salt mines have been commented upon in the general opinion annexed to this report and have also been discussed in other cases relating to this camp (See Case 1875). I would, accordingly, recommend a. payment to, claimant of $1,000.00 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 55 of the report