×

News

Hiroshima Prefecture withdraws appeal against ruling on lawsuit filed by A-bomb survivors residing in Brazil

by Kiyoko Takahashi and Kazuhisa Yamanaka, Staff Writers

On July 16, Hiroshima Governor Yuzan Fujita announced the intention of the prefecture to withdraw its appeal against the July 2008 Hiroshima District Court ruling on a lawsuit filed by a Japanese man and a Japanese woman in Brazil, who have since passed away. The ruling declared that Hiroshima Prefecture’s decision to reject applications for the Atomic Bomb Survivor’s Certificate, on the grounds that the plaintiffs did not travel to Japan, is illegal. The defeat of the Hiroshima prefectural government will now be finalized.

Osaka Prefecture, which, at the lower court, lost a similar lawsuit involving atomic bomb survivors (hibakusha) overseas in June, did not appeal the court decision, while Nagasaki Prefecture withdrew its appeal against a lower court’s decision on a similar case.

Mr. Fujita held a news conference and stressed that he had made a political decision, saying, “There has been a drastic change in the situation, including the lower courts’ decisions finalized in Osaka and Nagasaki Prefectures. As the A-bombed prefecture of Hiroshima and a prefecture having sent many emigrants to places overseas, Hiroshima Prefecture has put priority on the swift resolution of the lawsuit from the standpoint of providing relief to hibakusha.” He added, “We sincerely apologize for, as a consequence, the hardships caused to the plaintiffs.”

In July 2008, the Hiroshima District Court ordered Hiroshima Prefecture to nullify its decision to reject the applications by the plaintiffs for the Atomic Bomb Survivor’s Certificate and directed the Japanese government to pay a total of 1,650,000 yen in compensation. The court stated: “It is illegal and an abuse of discretion to have mechanically turned down the applications for the A-bomb Survivor’s Certificate solely on the grounds that the plaintiffs did not travel to Japan to make their applications.” This was the first victory for the plaintiffs in lawsuits over the applications for the Atomic Bomb Survivor’s Certificate from overseas.

Hiroshima Prefecture appealed the lower court’s decision, saying that the practice to issue the Atomic Bomb Survivor’s Certificate was commissioned to the local government by the Japanese government and that “a governor has no discretion over the issue.” Hiroshima Prefecture was fighting the lawsuit at the Hiroshima High Court.

The revised Atomic Bomb Survivors Relief Law took effect in December 2008, enabling hibakusha overseas to obtain the Atomic Bomb Survivor’s Certificate without visiting Japan.


Comment: Late political decision follows decisions of Osaka and Nagasaki

by Kiyoko Takahashi, Staff Writer

On July 16, Hiroshima Prefecture announced its intention to withdraw its appeal against the ruling on a lawsuit filed by hibakusha in Brazil. The prefecture is seen as having been compelled to follow the decisions of Osaka and Nagasaki Prefectures. Osaka and Nagasaki have accepted their defeats at the lower courts on similar cases.

The main reason that Hiroshima Prefecture appealed the lower court’s decision was that the Hiroshima District Court, in July 2008, stated, “It is an abuse of discretion by the governor to have turned down the applications for the Atomic Bomb Survivor’s Certificate.” The governor contended, “I dealt with the problem as I was told by the Japanese government, because the issuance of the certificate is a practice commissioned by the Japanese government. If the court declares the practice illegal, it should do so to the Japanese government.” Furthermore, the Ministry of Health, Labor and Welfare strongly urged Hiroshima Prefecture to appeal the decision.

However, the revised Atomic Bomb Survivors Relief Law, which was enacted in June 2008, has already decided to scrap the requirement that applicants must visit Japan in order to apply for the Atomic Bomb Survivor’s Certificate. Hiroshima Prefecture cited this requirement as a reason to reject granting the certificate to the plaintiffs. An organization supporting the plaintiffs has continuously criticized the prefecture, saying, “Is Hiroshima Prefecture fighting the lawsuit only over a matter of procedure?”

At the news conference, Mr. Fujita revealed his thoughts: “As I was said to have abused my discretion, I wanted to make it clear whether I did so or not. But I came to believe that it would do no good to continue being stubborn.” The decisions of Osaka and Nagasaki Prefectures no doubt heavily influenced his conclusion.

In recent years, relief to hibakusha has been expanded, prompted by judicial decisions, including the relaxation of the certification criteria of A-bomb diseases. The A-bombed prefectures of Hiroshima and Nagasaki have an obligation to take the lead in providing relief to hibakusha. Considering the series of judicial decisions and the momentum for extending relief to hibakusha, it is highly regrettable that Hiroshima Prefecture did not make a political decision earlier.

(Originally published on July 17, 2009)

Related articles
Lawsuit considered to allow A-bomb survivors to apply for A-bomb disease certification from overseas (Feb. 26, 2009)

Archives