February 26 Incident - Investigation and Trial

Investigation and Trial

Although it seemed many upper level officers took part in the incident, it was announced that the young radical officers had run wild because of certain thinkers. Since then officers sympathetic to the insurgents had lost their positions, and Tōsei Clique had increased their power in politics. Some of Judge advocate and Military police tried to find the real facts and wirepullers of the incident.

On February 28, Mutō Akira and others at military affairs of the Army ministry determined to set up a special court-martial by Imperial command of urgency. It was realized on March 4. Why it was by Imperial command of urgency was that special court-martial could be set only under martial-law area by ordinary law. Also it solved the problems of jurisdiction, because the insurgents belonged to too different units to deal with normal court. Special court-martial can be characterized, compared to ordinary one: in that it is one-tiered judicial system; completely closed; and defendants can't recuse judges; with no defense lawyer.

In Army Penal Code, article 25 defines the crime of rebellion:

Article 25
A person who assembles in a crowd and commits the crime of rebellion with armed forces and shall be sentenced according to the following distinctions:
(i) A ringleader shall be punished by death;
(ii) A person who participates in a plot or directs a mob shall be punished by death or imprisonment without work either for life or for a definite term of not less than 5 years; a person who performs other leading functions shall be punished by imprisonment either with or without work for a definite term not less than 3 years;
(iii) A person who merely follows others or otherwise merely joins in the rebellion shall be punished by imprisonment either with or without work for not less than 5 years.

Sakisaka Shumpei and other Judge advocate staffs investigated the incident, commanding Military Police. In the special court-martial, the trial resulted in judgement of guilt on most of the activist officers and citizens. Isobe Asaichi had been cursing this judgement until execution of his death penalty. Also Andō and Kurihara were greatly shocked at the death penalty on so many of their companions. They believed that the Emperor would be glad if they carried out direct action.

Viewed from the present time they seem quite conceited and self-satisfied. But in fact their belief was based on several reasons. After the May 15 incident, none of the activist officers were sentenced to death, even though they murdered the prime minister. Then the officers of February 26 incident concluded that His Majesty accepted the mettle of the leaders and took the circumstances into consideration and lighter punishment. At that time it was awful honor for him if the Emperor just thinks of one soldier. Schools taught them “the Meiji Restoration is a complete reform of top-down in the confusion in the end of Edo period. His Majesty himself came to govern the nation, and his glory completely removed corrupt bandits from the center of politics. It had purified the world and made Imperial Japan as strong as the Great Powers. Therefore His Majesty is absolutely just. If any mistake, there would be disturbance by the evil.” It represents the historical view of “Imperial Japan eternity”. For the activist officers, the world looked like just in great confusion and needed restoring. So they carried out Shōwa Restoration.