May 29, 2009
The Tokyo High Court on May 29 ordered the government to certify the diseases of nine atomic-bomb survivors (Hibakusha) as caused by exposure to atomic bomb radiation in August 1945 in Hiroshima and Nagasaki.
The court decision marks the 18th consecutive defeat for the government in concerted lawsuits filed by 306 Hibakusha throughout Japan.
The Tokyo lawsuit was filed by 30 Hibakusha living in Tokyo and Ibaraki Prefecture. Adding to the 20 plaintiffs whose diseases have already been recognized as A-bomb related under the government’s standards, 29 of the 30 Hibakusha will likely gain official recognition, which will enable them to have the government pay all medical costs they incur for the treatment of illnesses related to the atomic bomb radiation exposure.
At a press conference after the ruling, the plaintiffs’ lawyer Takamizawa Shoji said, “The ruling builds on the 17 previous court decisions. It could be a guideline for the government to reach an overall political settlement.”
Under its new standards established in April last year, the Health Ministry does not recognize liver function disorders and deteriorating thyroid gland functions as diseases caused by A-bomb radiation.
However, the ruling certified the two diseases of plaintiffs as A-bomb related, pointing out that the government should examine those illnesses based on the evidence that they are linked to A-bomb radiation.
It however dismissed the claim of the one plaintiff, who went into Hiroshima City 13 days after the bombing and later developed cancer.
Nakayama Isae, a 78-year-old plaintiff, was exposed to radiation at a hospital located 0.7 km away from the hypocenter of Nagasaki City. At that time, she was 14 years old.
“My parents, brothers and sisters have all died. I had thought about committing suicide many times. But today I was very happy to live this long,” said Nakayama at a press conference.
Since they filed the case at the Tokyo District Court six years ago, 14 out of the 30 plaintiffs have already passed away.
After the ruling, plaintiffs’ leader Yamamoto Hidenori, 76, spoke using a hand microphone in front of the Tokyo High Court, “The government should not further prolong the court battle. Prime Minister Aso, please make a decision. The government should drastically revise the unfair standards and lead the effort to abolish nuclear weapons, which are torturing victims even after 64 years have passed.”
Japanese Communist Party Chair Shii Kazuo on the same day said that the high court decision is “very significant.” “The government should take the ruling very seriously and make a decision to give relief to all plaintiffs,” he stressed.
Among the 306 plaintiffs, 59 have not received the recognition even after winning victory in district courts.
The court decision marks the 18th consecutive defeat for the government in concerted lawsuits filed by 306 Hibakusha throughout Japan.
The Tokyo lawsuit was filed by 30 Hibakusha living in Tokyo and Ibaraki Prefecture. Adding to the 20 plaintiffs whose diseases have already been recognized as A-bomb related under the government’s standards, 29 of the 30 Hibakusha will likely gain official recognition, which will enable them to have the government pay all medical costs they incur for the treatment of illnesses related to the atomic bomb radiation exposure.
At a press conference after the ruling, the plaintiffs’ lawyer Takamizawa Shoji said, “The ruling builds on the 17 previous court decisions. It could be a guideline for the government to reach an overall political settlement.”
Under its new standards established in April last year, the Health Ministry does not recognize liver function disorders and deteriorating thyroid gland functions as diseases caused by A-bomb radiation.
However, the ruling certified the two diseases of plaintiffs as A-bomb related, pointing out that the government should examine those illnesses based on the evidence that they are linked to A-bomb radiation.
It however dismissed the claim of the one plaintiff, who went into Hiroshima City 13 days after the bombing and later developed cancer.
Nakayama Isae, a 78-year-old plaintiff, was exposed to radiation at a hospital located 0.7 km away from the hypocenter of Nagasaki City. At that time, she was 14 years old.
“My parents, brothers and sisters have all died. I had thought about committing suicide many times. But today I was very happy to live this long,” said Nakayama at a press conference.
Since they filed the case at the Tokyo District Court six years ago, 14 out of the 30 plaintiffs have already passed away.
After the ruling, plaintiffs’ leader Yamamoto Hidenori, 76, spoke using a hand microphone in front of the Tokyo High Court, “The government should not further prolong the court battle. Prime Minister Aso, please make a decision. The government should drastically revise the unfair standards and lead the effort to abolish nuclear weapons, which are torturing victims even after 64 years have passed.”
Japanese Communist Party Chair Shii Kazuo on the same day said that the high court decision is “very significant.” “The government should take the ruling very seriously and make a decision to give relief to all plaintiffs,” he stressed.
Among the 306 plaintiffs, 59 have not received the recognition even after winning victory in district courts.
