INTERNATIONAL PROSECUTION SECTION 28 August 1947 MEMORANDUM FOR: Mr. Frank S. Tavenner, Jr. Chief, Legal Division FROM: Capt. J. J. Robinson Comdr. C. T. Cole REFERENCE: Defense Document #2233, Affidavit of KUDO, Tadao, page 3, paragraph C, 4th sentence SUBJECT: Japanese Foreign Ministry, Alleged Lack of Means of Investigation of Protests Regarding Prisoners and Internees. 1.The above reference reads as follows: “The Foreign Ministry, having no means of investigation, had to rely upon the information supplied by them (query – “them” means perhaps “countries concerned”) and could not do anything further than drawing the attention of the authorities concerned to the necessity of according fair and equitable treatment to the prisoners and internees of enemy countries . . . “ 2.Citation of the Records will call the Tribunal’s attention to documents in evidence signed by the defendant TOGO, as Minister for Foreign Affairs, which show that the Foreign Ministry had “means of investigation” and made such investigations and reported to the Swiss Minister and the American Government the results of such investigations as made by the Foreign Ministry. 3.Exhibit No. 2034, Record page 14,934, 10 January, 1947: Date, April 20, 1942, to the Swiss Minister, signed by TOGO – “I acknowledge receipt of yoru letter dated March 11 in which you asked for information concerning some Americans on Wake Island.” Here follows the full report as allegedly received from “authorities concerned.” 4.Exhibit No. 2040, Record page 15,003, lines 13 – 17, the defendant TOGO replies to the Swiss Minister as follows: “Regarding the American civilian internees, we are ready to reply to every individual inquiry after the fullest possible investigations; therefore please arrange to convey our intention to the Government of America as you see fit.” [signed JJR] J. J. Robinson [signed CTC] C. T. Cole