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Court unjustifiably rules public employee guilty for distributing fliers

The Tokyo District Court on June 29 convicted Horikoshi Akio, a government agency employee arrested for distributing Japanese Communist Party fliers using his holiday near his home, of violating the National Public Service Law and the National Personnel Authority regulations that ban public employees from participating in political activities. The judge fined Horikoshi 100,000 yen, suspended for two years.

The lawyers group defending Horikoshi issued on the same day a statement (see separate item) denouncing the ruling as "unconstitutional and unjustifiable," and stated that they will appeal the case to a higher court. Japanese Communist Party Secretariat Head Ichida Tadayoshi issued a statement (see separate item) in protest against the ruling, describing it as "extremely anachronistic."

In November 2003 just before the general election, Horikoshi, a 52-year-old employee of the Social Insurance Agency, inserted an Akahata extra into the mailboxes of nearby households, and was arrested in March. He was the first person in 37 years to be so indicted.

As regards the banning of political activities of public employees stipulated in the National Public Service Law, the 1974 Supreme Court ruling on the Sarufutsu case acknowledged the ban as constitutional, which has drawn severe criticism from academic circles.

However, the district court judge abided by the 1974 ruling. While acknowledging that Horikoshi's conduct to distribute fliers had nothing to do with his official duties and that it did not infringe on the neutrality of the administration, the ruling stated that "harmful effects" of his conduct may have accumulated and extended influence.

Without showing evidence, the judge determined that political activities of central government officials, if left unchecked, may undermine their political neutrality leading to biased administration. The ruling included such groundless assumptions, stating that it will undermine the public trust in the neutrality of the administration, and determined that the ban on public employees' political activities is 'beneficial.'

The defense lawyers asserted that a uniform and total ban on public employees' political activities violates the constitutional freedom of expression. The judge, however, determined that the provision of the National Public Service Law is reasonable and constitutional.

The judge also acknowledged that the police investigation lasting nearly 40 days including shadowing, stakeouts, and secret videotapings of Horikoshi was legitimate apart from a few exceptions.

About 100 supporters of Horikoshi in front of the court expressed their protest against the ruling, saying, "The court must obey the Constitution!"

Horikoshi at a press conference said, "The sentence suppresses public servants' freedoms of thought and speech. I will continue to fight until I am acquitted."

Later in the day, more than 200 supporters and lawyers took part in a rally, determined to reverse the sentence. People's Aid and Relief Association of Japan Chair Yamada Zenjiro and JCP House of Councilors member Koike Akira encouraged Horikoshi.

A civil association against the unjust treatment of Horikoshi announced that 2,500 people have attended 27 court hearings, and the association collected signatures calling for the acquittal of Horikoshi from more than 70,000 individuals and 2,000 organizations.

(Note: Sarufutsu case-- A postal worker was indicted for having put up a Socialist Party candidate's posters on public election poster boards. The Supreme Court reversed lower court decisions and pronounced the worker guilty.)
- Akahata, June 30, 2006