May 27, 2011
The Kobe District Court on May 26 turned down plaintiffs’ demands that the government restore their honor and pay compensation for damages incurred by the “red purge”, a major sweep of Japanese Communist Party members and its supporters during the U.S. occupation of Japan.
The ruling followed the 1952 Supreme Court decision stating that dismissals of public- and private-sector workers in accordance with an order from the GHQ were legally valid, thus the Japanese government did not bear responsibility to provide redress both before and after Japan regains the sovereignty.
The lawsuit was filed in March 2009 by “red purge” victims, Ohashi Yutaka (81), Kawasaki Yoshihiro (94), and Yasuhara Seijiro (90).
The plaintiffs in their statement said, “The ruling betrays our expectations of the judiciary branch of the government to be a last bastion of human rights. We strongly protest against this extremely unjust court decision.”
Japanese Communist Party Secretariat Head Ichida Tadayoshi in regard to the Kobe District Court ruling stated as follows:
“The court judgment is really unreasonable on the grounds that it maintains the Supreme Court decision recognizing that the legal binding power of the GHQ’s order was stronger than the Constituition, and that it accepts the government’s illegal act which should be described as a ‘historical stain.’
“The Japan Federation of Bar Associations in 2008 pointed out that the ‘red purge’ involved discrimination against specific thoughts and beliefs and violated freedom of thought and conscience, equality under the law, and freedom of association stipulated in the Constitution and in the Universal Declaration of Human Rights. It also recommended that the prime minister take appropriate measures to offer relief to the ‘red purge’ victims without delay.
“Restoration of victims’ reputations and compensation for damages has great significance at present in order to establish freedom and democracy in Japan. The JCP will work hard to achieve this.”
The ruling followed the 1952 Supreme Court decision stating that dismissals of public- and private-sector workers in accordance with an order from the GHQ were legally valid, thus the Japanese government did not bear responsibility to provide redress both before and after Japan regains the sovereignty.
The lawsuit was filed in March 2009 by “red purge” victims, Ohashi Yutaka (81), Kawasaki Yoshihiro (94), and Yasuhara Seijiro (90).
The plaintiffs in their statement said, “The ruling betrays our expectations of the judiciary branch of the government to be a last bastion of human rights. We strongly protest against this extremely unjust court decision.”
Japanese Communist Party Secretariat Head Ichida Tadayoshi in regard to the Kobe District Court ruling stated as follows:
“The court judgment is really unreasonable on the grounds that it maintains the Supreme Court decision recognizing that the legal binding power of the GHQ’s order was stronger than the Constituition, and that it accepts the government’s illegal act which should be described as a ‘historical stain.’
“The Japan Federation of Bar Associations in 2008 pointed out that the ‘red purge’ involved discrimination against specific thoughts and beliefs and violated freedom of thought and conscience, equality under the law, and freedom of association stipulated in the Constitution and in the Universal Declaration of Human Rights. It also recommended that the prime minister take appropriate measures to offer relief to the ‘red purge’ victims without delay.
“Restoration of victims’ reputations and compensation for damages has great significance at present in order to establish freedom and democracy in Japan. The JCP will work hard to achieve this.”
