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Distribution of flyers is a legitimate action

At the Tokyo District Court on March 27, a government employee who was indicted for allegedly violating the National Public Service Law by distributing in his neighborhood Akahata extras on a holiday made his final remarks stating that his act was just and thus he is innocent. Judgment will be given on June 29.

Horikoshi Akio, a 52-year-old Social Insurance Agency office employee, said, "As a public servant who pledged to sincerely defend the Constitution, I distributed flyers calling for its defense. I believe that my action, having nothing to do with my job, was legitimate."

It has been revealed that the security police was keeping Horikoshi under constant surveillance and recorded his visits to theaters, bars, and even dentists. "It is unforgivable that not only my privacy but also that of people around me was violated. This unjustifiable arrest and indictment is a flagrant violation of human rights," said Horikoshi.

At the final defense plea, Horikoshi's lawyers pointed out that it was clearly proven that the true nature of this case is the suppression of the Japanese Communist Party by the political police. Citing the fact that the security police had been collecting information about Horikoshi even before he distributed the flyers, the lawyers stressed that the police used the unconstitutional National Public Service Law for suppression.

They pointed out that if the court recognizes the National Public Service Law as constitutional and condones the shadowing, videotaping, and other forms of privacy violation, it will lead to a resurgence of a police state that suppresses criticism of government.

The lawyers concluded their closing argument by stating that they firmly believe that the Constitution, the International Covenants on Human Rights, and the ILO Convention provide no reason for the defendant to accept political responsibility.
- Akahata, March 28, 2006