May 29, 2008
The Sendai High Court on May 28 upheld a lower court decision that recognized two atomic bomb survivors of Hiroshima as suffering from illnesses caused by exposure to the 1945 atomic radiation.
The two plaintiffs are Hatano Akemi, 69, and Niimuma Mitsuo, 84, who in March 2007 won the Sendai District Court recognition that their illnesses were caused by exposure to radiation from the atomic bomb. The district court dismissed the state’s rejection of their application for the radiation illness certification.
The Hibakusha Aid Law provides that Hibakusha who were recognized by the government as suffering from A-bomb radiation-related illnesses be entitled to receive special medical allowances.
The Sendai High Court ruling was the first in a series of lawsuits on the recognition issue pending in high courts throughout the country.
It was also the first ruling after the new criteria for the recognition of Hibakusha’s A-bomb diseases came into effect.
The judge criticized the Health and Welfare Ministry for having simply conducted determinations based on problematic former recognition criteria.
The judge also pointed out that in the light of the spirit of the Hibakusha Aid Law, the government showed a lack of flexibility by appealing to the upper court.
After the ruling, surrounded by many supporters, the two Hibaskuha said in tears, “We feel very happy though it was a long struggle. Thank you for your support.”
Chief lawyer of their legal term Shoji Katsuhiko said, “The ruling will give great encouragement to many other Hibakusha suffering from A-bomb aftereffects. The government should give up appealing to the Supreme Court and offer an overall resolution without delay.”
The two plaintiffs are Hatano Akemi, 69, and Niimuma Mitsuo, 84, who in March 2007 won the Sendai District Court recognition that their illnesses were caused by exposure to radiation from the atomic bomb. The district court dismissed the state’s rejection of their application for the radiation illness certification.
The Hibakusha Aid Law provides that Hibakusha who were recognized by the government as suffering from A-bomb radiation-related illnesses be entitled to receive special medical allowances.
The Sendai High Court ruling was the first in a series of lawsuits on the recognition issue pending in high courts throughout the country.
It was also the first ruling after the new criteria for the recognition of Hibakusha’s A-bomb diseases came into effect.
The judge criticized the Health and Welfare Ministry for having simply conducted determinations based on problematic former recognition criteria.
The judge also pointed out that in the light of the spirit of the Hibakusha Aid Law, the government showed a lack of flexibility by appealing to the upper court.
After the ruling, surrounded by many supporters, the two Hibaskuha said in tears, “We feel very happy though it was a long struggle. Thank you for your support.”
Chief lawyer of their legal term Shoji Katsuhiko said, “The ruling will give great encouragement to many other Hibakusha suffering from A-bomb aftereffects. The government should give up appealing to the Supreme Court and offer an overall resolution without delay.”
