December 8, 2012
The Supreme Court on December 7 decided to acquit one of two government workers who were arrested for participating in political activities on holidays, while upholding a conviction of the other.
Ex-social insurance agency worker Horikoshi Akio in November 2003 distributed copies of an extra of Akahata near his home on his days off. Four months later, he was arrested and indicted on charges of violating the National Public Service Law and the National Personnel Authority regulations that ban public employees from participating in political activities.
The Tokyo District Court handed down a guilty verdict, but the High Court reversed this ruling.
The Top Court decision states that only when public workers’ political activities are regarded as having the possibility of harming public workers’ requirement of being politically neutral, will such activities be defined as violating the law.
The decision also points out that judgment about whether a public worker disobeys the law should be comprehensively made based on his/her position as well as on details of political activities in which he/she participated.
The Supreme Court upheld the lower court’s not-guilty ruling on Horikoshi’s case on the grounds that he distributed copies of Akahata extra without identifying himself as a government worker.
In contrast, the court delivered a guilty verdict to the other former government worker, Ujihashi Shin’ichi. In 2005, Ujihashi was arrested and indicted for distributing Japanese Communist Party fliers in violation of the public servant law, even though his activity was carried out on his days off and in areas unrelated to his work place. As the reason for the verdict, the court explained that it acknowledges his position as a supervising position.
After the ruling, the plaintiffs and their lawyers and supporters held a rally. Lawyer Kato Kenji pointed out that this ruling will serve as a brake on a move to restrict public workers’ political activities as already enacted by the Osaka City ordinance prohibiting its workers’ participation in political activities. Rally participants were determined to make further efforts to protect public workers’ political freedom.
Japanese Communist Party Secretariat Head Ichida Tadayoshi on the same day in a comment on the ruling said, “I’m disappointed with the court ruling on the Ujihashi case. Horikoshi’s acquittal reflects public questioning of the complete ban on off-duty public workers’ political activities. The JCP will work hard to revise the unconstitutional National Public Service Law which prevents government workers from engaging in political activities.”
**********
The security police filmed in secret the acts of Horikoshi Akio, ex-worker of the Social Insurance Agency, for 29 days from October to November 2003. Several policemen on weekdays, and more than 10 on holidays, followed him in police vehicles.
The video tape, a part of which was shown at the trial, recorded that some policemen were saying, “All right, we did it!” when their camera caught Horikoshi inserting Akahata extras in mailboxes.
If the man’s deed was an illegal action threatening the public interest, the police should have restrained him on the spot. The fact that those policemen jumped for joy when they succeeded in recording the “scene” proves that right from the beginning the police had followed the communist party activist with the intent to arrest him on charges of violating the Government Official Act.
What’s so intolerable to the public is that the state put a lot of taxpayer’s money into such an unlawful investigation.
It is unpardonable that the secret police intruded upon individual privacy through setting up such an abnormally excessive investigation while neglecting their tasks to protect people’s lives and property.
Related articles
> Court rejects appeal by public worker delivering JCP fliers [May 14, 2010]
> Public service employee fined for distributing JCP fliers [September 20, 2008]
Ex-social insurance agency worker Horikoshi Akio in November 2003 distributed copies of an extra of Akahata near his home on his days off. Four months later, he was arrested and indicted on charges of violating the National Public Service Law and the National Personnel Authority regulations that ban public employees from participating in political activities.
The Tokyo District Court handed down a guilty verdict, but the High Court reversed this ruling.
The Top Court decision states that only when public workers’ political activities are regarded as having the possibility of harming public workers’ requirement of being politically neutral, will such activities be defined as violating the law.
The decision also points out that judgment about whether a public worker disobeys the law should be comprehensively made based on his/her position as well as on details of political activities in which he/she participated.
The Supreme Court upheld the lower court’s not-guilty ruling on Horikoshi’s case on the grounds that he distributed copies of Akahata extra without identifying himself as a government worker.
In contrast, the court delivered a guilty verdict to the other former government worker, Ujihashi Shin’ichi. In 2005, Ujihashi was arrested and indicted for distributing Japanese Communist Party fliers in violation of the public servant law, even though his activity was carried out on his days off and in areas unrelated to his work place. As the reason for the verdict, the court explained that it acknowledges his position as a supervising position.
After the ruling, the plaintiffs and their lawyers and supporters held a rally. Lawyer Kato Kenji pointed out that this ruling will serve as a brake on a move to restrict public workers’ political activities as already enacted by the Osaka City ordinance prohibiting its workers’ participation in political activities. Rally participants were determined to make further efforts to protect public workers’ political freedom.
Japanese Communist Party Secretariat Head Ichida Tadayoshi on the same day in a comment on the ruling said, “I’m disappointed with the court ruling on the Ujihashi case. Horikoshi’s acquittal reflects public questioning of the complete ban on off-duty public workers’ political activities. The JCP will work hard to revise the unconstitutional National Public Service Law which prevents government workers from engaging in political activities.”
**********
The security police filmed in secret the acts of Horikoshi Akio, ex-worker of the Social Insurance Agency, for 29 days from October to November 2003. Several policemen on weekdays, and more than 10 on holidays, followed him in police vehicles.
The video tape, a part of which was shown at the trial, recorded that some policemen were saying, “All right, we did it!” when their camera caught Horikoshi inserting Akahata extras in mailboxes.
If the man’s deed was an illegal action threatening the public interest, the police should have restrained him on the spot. The fact that those policemen jumped for joy when they succeeded in recording the “scene” proves that right from the beginning the police had followed the communist party activist with the intent to arrest him on charges of violating the Government Official Act.
What’s so intolerable to the public is that the state put a lot of taxpayer’s money into such an unlawful investigation.
It is unpardonable that the secret police intruded upon individual privacy through setting up such an abnormally excessive investigation while neglecting their tasks to protect people’s lives and property.
Related articles
> Court rejects appeal by public worker delivering JCP fliers [May 14, 2010]
> Public service employee fined for distributing JCP fliers [September 20, 2008]
