OFFICE OF THE SUPREME COMMANDER
FOR THE ALLIED POWERS

4 October 1945

(SCAPIN-93)

MEMORANDUM FOR	IMPERIAL JAPANESE GOVERNMENT.
THROUGH	Central Liaison Office, Tokyo.
SUBJECT	Removal of Restrictions on Political, Civil and Religious Liberties.

1. In order to remove restrictions on political, civil and religious liberties and discrimination on grounds of race, nationality, creed or political opinion, the Imperial Japanese Government will:
a. Abrogate and immediately suspend the operation of all provisions of all laws, decrees, orders, ordinances and regulations which:
(1) Establish or maintain restrictions on freedom of thought, of religion, of assembly and of speech, including the unrestricted discussion of the Emperor, the Imperial Institution and the Imperial Japanese Government.
(2) Establish or maintain restrictions on the collection and dissemination of information.
(3) By their terms of their application, operate unequally in favor of, or against any person by reason of race, nationality, creed or political opinion.
b. The enactments covered in paragraph a, above, shall include, but shall not be limited to, the following:
(1) The Peace Preservation Law (Chian Iji Ho, Law No. 54 of 1941, promulgated on or about 10 March 1941).
(2) The Protection and Surveillance Law for Thought Offense (Shiso Han Hogo Kansatsu Ho, Law No. 29 of 1936, promulgated on or about 29 May 1936).
(3) Regulations Relative to Application of Protection and Surveillance Law for Thought Offense (Shiso Han Hogo Kansatau Ho Shiko Rei, Imperial Ordinance No. 401 of 1936, issued on or about 14 November 1936).
(4) Ordinance Establishing Protection and Surveillance Stations, (Hogo Kansoku-Jo Kansei, Imperial Ordinance No. 403 of 1936, issued on or about 14 November 1936).
(5) The Precautionary Detention Procedure Order (Yobo Kokin Tetsuzuki Rei, Ministry of Justice Order, Shihosho Rei, No. 49, issued on or about 14 May 1941).
(6) Regulations for Treatment of Persons Under Precautionary Detention (Yobo Kokin Shogu Rei, Ministry of Justice Order, Shihosho Rei, No. 56, issued on or about 14 May 1941).
(7) The National Defense and Peace Preservation Law (Kokubo Hoan Ho, Law No. 49 of 1941, promulgated on or about 7 March 1941).
(8) National Defense and Peace Preservation Law Enforcement Order (Kokubo Hoan Ho Shiko Rei, Imperial Ordinance No. 542 of 1941, issued on or about 7 May 1941).
(9) Regulations for Appointment of Lawyers Under Peace Preservations Laws (Bengoshi Shitei Kitei, Ministry of Justice Order, Shihosho Rei, No. 47 of 1941, issued on or about 9 May 1941).
(10) Law for Safeguarding Secrets of Military Material Resources (Gunyo Shigen Himitsu Hogo Ho, Law No. 25 of 1939, promulgated on or about 25 March 1939).
(11) Ordinance for the Enforcement of the Law for Safeguarding Secrets of Military Material Resources (Gunyo Shigen Himitsu Hogo Ho Shiko Rei. Imperial Ordinance No. 413 of 1939, issued on or about 24 June 1939).
(12) Regulations for the Enforcement of the Law of Safeguarding Secrets of Military Material Resources (Gunyo Shigen Himitsu Hogo Ho Shiko Kisoku, Ministries of War and Navy Ordinance No. 3 of 1939, promulgated on or about 26 June 1939).
(13) Law for the Protection of Military Secrets (Gunki Hogo Ho. Law No. 72 of 1937, promulgated on or about 17 August 1937, revised by Law No. 58 of 1941)
(14) Regulations for the Enforcement of the Law for the Protection of Military Secrets (Gunki Hogo Ho Shiko Kisoku, Ministry of War Ordinance No. 59, issued on or about 12 December 1939 and revised by Ministry of War Ordinance Numbers 6, 20 and 58 of 1941).
(15) The Religious Body Law (Shukyo Dantai Ho, Law No. 77 of 1939, promulgated on or about 8 April 1939).
(16) All laws, decrees, orders, ordinances and regulations amending, supplementing or implementing the foregoing enactments.
c. Release immediately all persons now detained, imprisoned, under “protection or surveillance,” or whose freedom is restricted in any other manner who have been placed in that state of detention, imprisonment, “protection and surveillance,” or restriction of freedom:
(1) Under the enactments referred to in paragraph 1 a and b above.
(2) Without charge.
(3) By charging them technically with a minor offense, when, in reality, the reason for detention, imprisonment, “protection and surveillance”, or restriction of freedom, was because of their thought, speech, religion, political beliefs, or assembly.
The release of all such persons will be accomplished by 10 October 1945.
d. Abolish all organizations or agencies created to carry out the provisions of the enactments referred to in paragraph 1 a and b above and that part of, or functions of, other offices or subdivisions of other civil departments and organs which supplement or assist them in the execution of such provisions. These include, but are not limited to:
(1) All secret police organs.
(2) Those departments in the Ministry of Home Affairs, such as the Bureau of Police, charged with supervision of publications, supervision of public meetings and organizations, censorship of motion pictures, and such other departments concerned with the control of thought, speech, religion or assembly.
(3) Those departments, such as the Special Higher Police (Tokubetsu Koto Keisatsu Bu), in the Tokyo Metropolitan Police, the Osaka Metropolitan Police, any other Metropolitan Police, the police of the territorial administration of Hokkaido and the various Prefectural Police charged with supervision of publications, supervision of public meetings and organizations, censorship of motion pictures, and such other departments concerned with the control of thought, speech, religion or assembly.
(4) Those departments, such as the Protection and Surveillance Commission, and all protection and surveillance stations responsible thereto, under the Ministry of Justice charged with Protection and Surveillance and control of thought, speech, religion or assembly.
e. Remove from office and employment the Minister of Home Affairs, the Chief of the Bureau of Police of the Ministry of Home Affairs, the Chief of the Tokyo Metropolitan Police Board, the Chief of Osaka Metropolitan Police Board, the Chief of any other Metropolitan police, the Chief of the Police of the Territorial Administration of Hokkaido, the Chiefs of each Prefectural Police Department, the entire personnel of the Special Higher Police of all Metropolitan, Territorial, and Prefectural police departments, the Guiding and Protecting officials and all other personnel of the Protection and Surveillance Commission and of the Protection and Surveillance Stations. None of the above persons will be reappointed to any position under the Ministry of Home Affairs, the Ministry of Justice or any police organ in Japan. Any of the above persons whose assistance is required to accomplish the provisions of this directive will be retained until the directive is accomplished and then dismissed.
f. Prohibit any further activity by police officials, members of police forces, and other government, national or local, officials or employees which is related to the enactments referred to in paragraph 1 a and b above and to the organs and functions abolished by paragraph 1 d above.
g. Prohibit the physical punishment and mistreatment of all persons detained, imprisoned, or under protection and surveillance under any and all Japanese enactments, laws, decrees, orders, ordinances and regulations. All such persons will receive at all times ample sustenance.
h. Ensure the security and preservation of all records and any and all other materials of the organs abolished in paragraph 1 d. These records may be used to accomplish the provisions of this directive, but will not be destroyed, removed, or tampered with in any way.
i. Submit a comprehensive report to this Headquarters not later than 15 October 1945 describing in detail all action taken to comply with all provisions of this directive. This report will contain the following specific information prepared in the form of separate supplementary reports:
(1) Information concerning persons released in accordance with paragraph 1 c above. (to be grouped by prison or institution in which held or from which released or by office controlling their protection and surveillance).
(a) Name of person released from detention or imprisonment or person released from protection and surveillance, his age, nationality, race and occupation.
(b) Specification of criminal charges against each person released from detention or imprisonment or reason for which each person was placed under protection and surveillance.
(c) Date of release and contemplated address of each person released from detention or imprisonment or from protection and surveillance.
(2) Information concerning organizations abolished under the provisions of this directive:
(a) Name of organization.
(b) Name, address, and title of position of persons dismissed in accordance with paragraph 1 e.
(c) Description by type and location of all files, records, reports, and any and all other materials.
(3) Information concerning the Prison System and Prison Personnel.
(a) Organization chart of the Prison System.
(b) Names and location of all prisons, detention centers and jails.
(c) Names, rank and title of all prison officials (Governors and Assistant Governors, Chief and Assistant Chief Warders, Warders and Prison doctors).
(4) Copies of all orders issued by the Japanese Government including those issued by the Governors of Prisons and Prefectural Officials in effectuating the provisions of this directive.
2. All officials and subordinates of the Japanese Government affected by the terms of this directive will be held personally responsible and strictly accountable for compliance with and adherence to the spirit and letter of this directive.

FOR THE SUPREME COMMANDER:

H.W. ALLEN
Colonel, A.G.D.,
Asst Adjutant General