64 “black rain” sufferers in Hiroshima file class action lawsuit to seek Atomic Bomb Survivor’s Certificate
Nov. 13, 2015
by Mitsuhiro Hamamura, Staff Writer
On November 4, 64 men and women between 70 and 90 years of age who live in Hiroshima City and other municipalities filed a lawsuit against the City of Hiroshima and Hiroshima Prefecture, demanding that the rejections they received in the application process for the Atomic Bomb Survivor’s Certificate be overturned. They contend that these rejections are illegal because their health was damaged due to exposure to the radioactive “black rain” which fell in the aftermath of the atomic bombing. The plaintiffs are seeking an expansion of the designated area covered by the national relief law concerning the health effects caused by exposure to black rain. This is virtually a class action lawsuit against the central government.
Concerning relief measures for black rain sufferers, the Japanese government has specified the “Heavy Rain Area,” which is about 19 kilometers in length and about 11 kilometers in width including an area to the northwest of the hypocenter in Hiroshima City, as the designated area covered by the relief law. Residents who were exposed to the black rain within the designated area are issued the Certificate of Class 1 Health Examination, which entitles them to free health checkups. But no relief measures are offered for those who were outside the government-designated area. Hiroshima City and Hiroshima Prefecture have sought for the designated area to be expanded to more than six times its present size, but the central government declined their request in 2012, saying that there was insufficient scientific evidence to make such a change.
The plaintiffs live in several different municipalities, including Hiroshima City, Aki Ota Town, Aki Takata City, and Fuchu Town. According to the court claim, the plaintiffs who were exposed to black rain argue that they should be considered Category 3 A-bomb Survivors under the Atomic Bomb Survivors Relief Law, which is defined as those who were under conditions of possible physical exposure to radiation caused by the atomic bomb. They demand that the government’s rejection of their applications for the Atomic Bomb Survivor’s Certificate be retracted.
In addition, they contend that the central government’s decision to reject the request made by Hiroshima City and Hiroshima Prefecture to expand the designated area, based on research carried out by experts in the field, was unscientific and unreasonable. Claiming that the designated area is very narrow, which results in significant inequalities among sufferers, they request that the government nullify the rejection of their applications for the Certificate of Class 1 Health Examination, too.
After filing the suit, a meeting to report on the legal action took place in Naka Ward with about 90 participants including plaintiffs and their supporters. “After spending 37 years trying to expand the designated area through other means, we finally filed the lawsuit as a last resort,” stressed Masaaki Takano, 77, the lead plaintiff and a resident of Saeki Ward. Atsutaka Hiroshima, their lead attorney, said, “We would like to pave the way for relief measures for disadvantaged black rain sufferers including those who haven’t filed suit.”
The plaintiffs all applied for the Atomic Bomb Survivor’s Certificate at the city or prefecture offices between March and July of this year, but none were approved. In a comment released after the lawsuit was filed, Hiroshima Mayor Kazumi Matsui and Hiroshima Prefecture Governor Hidehiko Yuzaki said, “Though we demanded that the central government expand the designated area, this was not realized. Therefore, we had no choice but to turn down their applications based on the existing laws and ordinances. We will examine the court claim, discuss the matter with the central government, and take appropriate action.”
(Originally published on November 5, 2015)
On November 4, 64 men and women between 70 and 90 years of age who live in Hiroshima City and other municipalities filed a lawsuit against the City of Hiroshima and Hiroshima Prefecture, demanding that the rejections they received in the application process for the Atomic Bomb Survivor’s Certificate be overturned. They contend that these rejections are illegal because their health was damaged due to exposure to the radioactive “black rain” which fell in the aftermath of the atomic bombing. The plaintiffs are seeking an expansion of the designated area covered by the national relief law concerning the health effects caused by exposure to black rain. This is virtually a class action lawsuit against the central government.
Concerning relief measures for black rain sufferers, the Japanese government has specified the “Heavy Rain Area,” which is about 19 kilometers in length and about 11 kilometers in width including an area to the northwest of the hypocenter in Hiroshima City, as the designated area covered by the relief law. Residents who were exposed to the black rain within the designated area are issued the Certificate of Class 1 Health Examination, which entitles them to free health checkups. But no relief measures are offered for those who were outside the government-designated area. Hiroshima City and Hiroshima Prefecture have sought for the designated area to be expanded to more than six times its present size, but the central government declined their request in 2012, saying that there was insufficient scientific evidence to make such a change.
The plaintiffs live in several different municipalities, including Hiroshima City, Aki Ota Town, Aki Takata City, and Fuchu Town. According to the court claim, the plaintiffs who were exposed to black rain argue that they should be considered Category 3 A-bomb Survivors under the Atomic Bomb Survivors Relief Law, which is defined as those who were under conditions of possible physical exposure to radiation caused by the atomic bomb. They demand that the government’s rejection of their applications for the Atomic Bomb Survivor’s Certificate be retracted.
In addition, they contend that the central government’s decision to reject the request made by Hiroshima City and Hiroshima Prefecture to expand the designated area, based on research carried out by experts in the field, was unscientific and unreasonable. Claiming that the designated area is very narrow, which results in significant inequalities among sufferers, they request that the government nullify the rejection of their applications for the Certificate of Class 1 Health Examination, too.
After filing the suit, a meeting to report on the legal action took place in Naka Ward with about 90 participants including plaintiffs and their supporters. “After spending 37 years trying to expand the designated area through other means, we finally filed the lawsuit as a last resort,” stressed Masaaki Takano, 77, the lead plaintiff and a resident of Saeki Ward. Atsutaka Hiroshima, their lead attorney, said, “We would like to pave the way for relief measures for disadvantaged black rain sufferers including those who haven’t filed suit.”
The plaintiffs all applied for the Atomic Bomb Survivor’s Certificate at the city or prefecture offices between March and July of this year, but none were approved. In a comment released after the lawsuit was filed, Hiroshima Mayor Kazumi Matsui and Hiroshima Prefecture Governor Hidehiko Yuzaki said, “Though we demanded that the central government expand the designated area, this was not realized. Therefore, we had no choice but to turn down their applications based on the existing laws and ordinances. We will examine the court claim, discuss the matter with the central government, and take appropriate action.”
(Originally published on November 5, 2015)
