Supreme Court finds flier distributor guilty

Japan Press Weekly

Japan Press Service Co., Ltd. is the only news agency providing information of progressive, democratic movements in Japan

Supreme Court finds flier distributor guilty

The Supreme Court on November 30 rejected an appeal by a Buddhist monk found guilty of trespassing to distribute Japanese Communist Party leaflets.

Arakawa Yosei, 62, entered an apartment building on December 2004 and put JCP leaflets in door mail slots. He was arrested after a resident called police and was detained for 23 days before being indicted.

Before the ruling was announced, Arakawa’s lawyer Matsui Shigeki said, “Commercial fliers are distributed on a daily basis. The ruling must respond to the question why flier distribution can be considered a crime in the first place.” He went on to say, “It is clear that this case is a direct suppression of the communist party.”

The ruling said however, “Paragraph 1 of Article 21 of the Constitution does not guarantee the freedom of expression without limit. The method of expression must not violate others’ rights.”

Pointing out that a notice banning the delivery of fliers was posted at the entrance of the apartment building, the ruling said, “It is clear that entering the building was in violation of the will of the apartment management association.”

In 2006, the Tokyo District Court acquitted Arakawa, ruling that punishing people for entering a residential complex to deliver fliers is not a socially accepted idea. But the Tokyo High Court in 2007 reversed the lower court decision and fined Arakawa 50,000 yen.

After the top court ruling, Arakawa said, “I will continue to fight for freedom, democracy, and the right to distribute and receive political fliers.”

JCP Secretariat Head Ichida Tadayoshi criticized the Supreme Court’s ruling as a “very reactionary decision that goes against constitutional principles.”

Ichida stressed the need to raise public awareness of this violation of the right to freedom of expression.

Suppression against distribution of fliers calling for democratic reform of politics or protection of the Constitution have repeatedly occurred. Indictments have been brought against civic group members who distributed fliers expressing opposition to the dispatch of the Self-Defense Forces to Iraq and government employees for delivering Akahata extras.

- Akahata, December 1, 2009