July 30, 2010
The Fukuoka High Court’s Naha Branch in Okinawa on July 29 ordered the national government to pay about 369 million yen in damages to residents of Ginowan over the aircraft noise pollution caused by the U.S. Marine Corps Futenma Air Station.
A group of 387 people living near the Futenma base had been appealing the lower court decision in their lawsuit against the central government demanding cancelation of night time and early morning flights by U.S. military aircraft and compensation for noise pollution.
Presiding Judge Kawabe Yoshinori for the first time recognized that residents’ health damages are related to low-frequency-waves caused by U.S. helicopters, and decided to increase compensation from the lower court decision of about 146 million yen.
Kawabe also pointed out that the Futenma base is described as “the most dangerous in the world”. It was the first time for a court to acknowledge that residents face the danger of accidents such as air crashes. However, the ruling rejected the claim for an end to night/early morning flights to/from the base and a monitoring of the noise pollution caused by military aircraft.
The plaintiffs plan to appeal against the ruling regarding night and early morning flights at the base while saying that the ruling “marks a step forward”.
Regarding the court rejection of a suspension of night and early morning flights at the base, the plaintiffs’ lawyer Arakaki Tsutomu said, “A basic function of the judicial branch of government should be to urge the administrative branch of the government to change its policies in light of the Japanese Constitution if those policies are distorted or wrong. However, it is apparent that the court is hesitating and unwilling to criticize government policies.”
Ginowan City Mayor Iha Yoichi stated, “I’d like to express my appreciation for the fact that the court recognizes a cause-and-effect between local residents’ health damages and levels of low-frequency noise from the Futenma base and the well known fact that the Futenma air station is acknowledged to be the most dangerous air station in the world. However, it is impossible for the present judicial system to eliminate illegal flight training exercises at the base. As mayor, I really think that the removal of the Futenma base is the only real solution as the base is absolutely unnecessary.”
- Akahata, July 30, 2010
Presiding Judge Kawabe Yoshinori for the first time recognized that residents’ health damages are related to low-frequency-waves caused by U.S. helicopters, and decided to increase compensation from the lower court decision of about 146 million yen.
Kawabe also pointed out that the Futenma base is described as “the most dangerous in the world”. It was the first time for a court to acknowledge that residents face the danger of accidents such as air crashes. However, the ruling rejected the claim for an end to night/early morning flights to/from the base and a monitoring of the noise pollution caused by military aircraft.
The plaintiffs plan to appeal against the ruling regarding night and early morning flights at the base while saying that the ruling “marks a step forward”.
Regarding the court rejection of a suspension of night and early morning flights at the base, the plaintiffs’ lawyer Arakaki Tsutomu said, “A basic function of the judicial branch of government should be to urge the administrative branch of the government to change its policies in light of the Japanese Constitution if those policies are distorted or wrong. However, it is apparent that the court is hesitating and unwilling to criticize government policies.”
Ginowan City Mayor Iha Yoichi stated, “I’d like to express my appreciation for the fact that the court recognizes a cause-and-effect between local residents’ health damages and levels of low-frequency noise from the Futenma base and the well known fact that the Futenma air station is acknowledged to be the most dangerous air station in the world. However, it is impossible for the present judicial system to eliminate illegal flight training exercises at the base. As mayor, I really think that the removal of the Futenma base is the only real solution as the base is absolutely unnecessary.”
- Akahata, July 30, 2010
