Nagasaki court orders government to revoke its rejection of certification of A-bomb disease patients

Japan Press Weekly

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Nagasaki court orders government to revoke its rejection of certification of A-bomb disease patients

The Nagasaki District Court on June 23 ordered the state to revoke its refusal to certify that atomic bomb survivors (Hibakusha) are suffering from leukemia, cancer and various other illnesses due to exposure to radiation from the 1945 atomic bombing.

The victorious ruling for Hibakusha, which was the ninth of this kind, was in a lawsuit filed in 2003 by 27 Hibakusha as part of the nationwide concerted Hibakusha lawsuits. Eight plaintiffs have died since the lawsuit began.

The judge recognized 20 out of the 27 plaintiffs as Hibakusha suffering from illnesses caused by exposure to atomic bomb radiation.

Just as in eight previous court rulings, the Nagasaki District court said the state’s standards for recognizing Hibakusha with A-bomb diseases are inadequate, even though they were revised recently.

“The examination of Hibakusha’s applications for certification does not take into account their exposure to residual radioactivity and internal exposure,” the court stated.

The judge recognized 10 plaintiffs’ liver disorders and hepatitis as caused by A-bomb radiation exposure, although the state does not regard them as diseases that are discernable as such.

The court turned down the plaintiffs’ demand for compensation by the state.

Similar lawsuits filed by 294 Hibakusha are pending at 15 district courts and 4 high courts throughout the country.

The Japan Confederation of A- and H-bomb Sufferers’ Organizations (Nihon Hidankyo), the National Group of Plaintiffs in Hibakusha Lawsuits, and the group of lawyers held a news conference on the same day.

They said, “Following the Nagasaki District Court ruling, the government must review the recently revised standards for recognition of Hibakusha suffering from illnesses caused by A-bomb radiation exposure and agree to settle all lawsuits pending throughout the country.” - Akahata, June 24, 2008