Maltreatment of Prisoners of War

The claimant was Acting-Bombardier in the First Division Trench Mortar - Regimental number 300714. He enlisted October 4th, 1915, at the age of 22 years. He was taken prisoner June 2nd, 1916, unwounded. He was repatriated to England November 29, 1918. He was at first in receipt of a 20 per cent disability pension which was discontinued on November 1, 1921, and received $125.00 in all. He is unmarried. Prior to enlistment, he was a salesman with Messrs. Gordon-McKay of Toronto, at a salary of $20 per week and since his discharge has been with the Canadian Oil Company for four years, and with the Canadian Floor Machine Company for the past three years, but does not state his salary.

He alleges that while a prisoner of war he was subjected to maltreatment which has resulted in pecuniary damage to him. He complains of heavy labour, being made to stand to attention, beatings and denial of medical attention.

An analysis of the evidence reveals:

After capture, claimant was taken to Dulmen camp where he remained for about two months. The only complaint here is that he received no medical attention for dysentery, from which he was suffering, and that he was made to work long hours and stand to attention after work without food, when unfit. He was removed to Oberhausen camp, where he complains of rough treatment, long hours of work and poor food. He developed blood poisoning and was finally operated upon without anaesthetic. On one occasion when going to the rescue of a fellow prisoner (Clubley - Case 1847) who was being beaten by guards, he also received a severe thrashing. While at work he fell and broke his arm and complains of brutal treatment by the guards and the physician who examined it. He was sent to Friedrichsfeld camp for treatment and was sent back to work within two weeks after the arm had been broken. Claimant attributes a bronchial condition to the failure of the German authorities to give him treatment for "flu", from which he suffered, with others, in the epidemic of 1918. He complains of being sent out to work before he had fully recovered. In statement made upon repatriation claimant does not refer to any lack of medical attention at Dulmen camp. Referring to his experiences at Oberhausen, he speaks of breaking his arm and being sent to Friedrichsfeld hospital, where the treatment was brutal. He says that he was discharged in four weeks as fit for light work. No reference is made to his treatment for blood poisoning, nor does he make any mention of alleged lack of treatment for "flu".

The medical record upon which claimant relies is contained in his pension files, and indicates that he suffered from debility and bronchitis when discharged. He has lost weight, and complains of nervousness.

Having regard to the general observations contained in the Opinion annexed to the present report, I find that claimant, while a prisoner of war, was subjected to maltreatment resulting in damage to him for which he is entitled to a pecuniary award. While in some respects incomplete, his statement upon repatriation is consistent with his testimony before the Commission. Viewing all the circum­stances, I would recommend a payment to claimant of $500.00, 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 1, 1931.

Originally printed on page 31 of the report