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Plaintiffs and supporters seek overhaul of A-bomb disease certification system

by Jumpei Fujimura and Mitsuhiro Hamamura, Staff Writers

On October 29, the Tokyo District Court ruled in favor of all 17 A-bomb survivors who filed lawsuits over the government’s certification of A-bomb diseases, and the plaintiffs suffering from A-bomb diseases and their supporters held press conferences and assemblies in Tokyo and Hiroshima, among other locations.

In front of the Tokyo District Court, attorneys for the plaintiffs held banners reading “Victory,” and “A-bomb survivors can no longer wait” after the verdict was handed down. When the A-bomb survivors and their supporters who had gathered there erupted into cheers and applause, Hidenori Yamamoto, 82, the leader of the nationwide group of plaintiffs and others raised their fists, demanding, “Overhaul the certification process for A-bomb diseases” and “The government must not appeal this decision.”

Plaintiffs and family members of A-bomb victims attended a press conference held in Hibiya, Tokyo. They expressed not only joy but also anger toward the central government which had refused to certify the plaintiffs’ A-bomb diseases. Yoichi Takaishi, 84, who experienced the atomic bombing of Nagasaki and lives in Suginami Ward, Tokyo, said, “I feel happy that all of us were certified, but I feel a sense of deep indignation because it took seven years (after our applications were turned down).”

Kenichi Sata, 73, a resident of Kokubunji, Tokyo, experienced the atomic bombing about 3.6 kilometers from the hypocenter and developed prostate cancer. With regard to cancer, the central government limits its certification of A-bomb diseases to within roughly 3.5 kilometers of the hypocenter. He said, “It’s not logical to judge by the distance from the hypocenter. The government should judge by the symptoms experienced after the bombing.”

About 180 people from around the country attended the assemblies held after the press conference. Plaintiffs and their supporters who brought suits against the government in several district courts and high courts, including Hiroshima and Nagoya, demanding certification, commented, “This is an encouraging ruling,” and “We’ll now continue the fight.”

Plaintiffs and attorneys who had filed suit in Hiroshima held a press conference in the city. Takeya Sasaki, the lead attorney, said, “The ruling by the Tokyo District Court holds significant meaning because it excludes the distance the person was from the hypocenter at the time of the bombing and the development of diseases. It will have an impact on trials held in various locations, including in Hiroshima.” Shizue Sasaki, 85, a plaintiff with hypothyroidism who lives in the city of Hatsukaichi, said, “We are older now and there is little time left. I hope the central government will address this issue properly.”

Commentary: Do not cast aside the aging A-bomb survivors

by Jumpei Fujimura, Staff Writer

On October 29, judicial rulings on A-bomb disease certification brought both good news and bad news. The Tokyo District Court ruled in favor of all 17 A-bomb survivors. At the Osaka District Court, the A-bomb survivors who had been certified as suffering from A-bomb diseases in the first trial lost their suit. But these judicial messages, including those from past rulings, are consistent, declaring that A-bomb diseases should be judged by the conditions of the atomic bombing and the symptoms of each person.

The government’s criteria for certifying A-bomb diseases involve strict requirements that include the type of disease and the distance the person had been from the hypocenter at the time of the bombing. Applications that do not meet these requirements are rarely certified. On the other hand, the Tokyo District Court took acute symptoms of radiation sicknesses after the bombing, such as fever and diarrhea, into consideration and certified these as A-bomb diseases because the court could not ignore the effects of the radioactive fallout including the black rain and internal exposure to radiation.

The ruling by the Osaka District Court was a bitter judgment to A-bomb survivors, thougt the court sought to look closely at the unique nature of diseases and the time a person was exposed to radiation after entering the city center. In this respect, its view differs significantly from the central government, which, in principle, seeks only to make judgments based on its current criteria.

This is why a gap has grown between the government’s certification system and the judicial rulings over this issue. Three years ago, the Japan Confederation of A- and H-bomb Sufferers Organization (Nihon Hidankyo) proposed a way to resolve the problem: scrap the A-bomb disease certification system and establish a new “A-bomb Survivors’ Allowance.” But there are hurdles to this idea, including a revision of the law, and the central government rebuffed the proposal. Though the judicial rulings have sent a clear message to the government, politically, it is unwilling to pursue new measures. Such lack of action is tantamount to casting aside the aging A-bomb survivors, whose voices are fading, and is unacceptable.

(Originally published on October 30, 2015)

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