April 17, 2013
The Supreme Court on April 16 upheld a Fukuoka High Court ruling that recognized a woman in Kumamoto Prefecture as a sufferer of the Minamata disease.
The pollution-related Minamata disease was caused by liquid wastes, including methylmercury, discharged from Chisso Corporation’s factory into the sea.
This is the first time for the top court to recognize a person as a sufferer of the disease who had not been certified as a victim by the administrative authorities.
In a similar lawsuit filed by another woman in Osaka Prefecture, the highest court overturned an Osaka High Court judgment that dismissed her claim, ordering the court to try the case again.
The Supreme Court said in its decision that whether a person is designated as a sufferer of the disease depends on the existence of a causal relationship between the toxic waste and his/her symptoms, and that the authorities have no free hand in the matter.
Following the decision, Hayashida Naoki, secretary-general of a Minamata disease sufferers’ group, said, “The court ruled that the administrative acts rejecting the victims’ applications was unfair. The authorities should make every effort to help those sufferers and conduct a comprehensive health survey of coastal residents immediately.”
Mizoguchi Akio, a son of the woman in Kumamoto, said to reporters in front of the courthouse, “I’m so happy with the ruling. I want to tell my late mother that our unrelenting efforts bore fruit finally.”
The eldest daughter of the other plaintiff in Osaka who passed away last month said in tears, “I have to continue fighting in court. I want to tell my mother to wait a little longer to rest in peace until we win the case.”
Related past article:
> Minamata disease victims call for relief without time limitation to submit application [July 4-6, 2012]
The pollution-related Minamata disease was caused by liquid wastes, including methylmercury, discharged from Chisso Corporation’s factory into the sea.
This is the first time for the top court to recognize a person as a sufferer of the disease who had not been certified as a victim by the administrative authorities.
In a similar lawsuit filed by another woman in Osaka Prefecture, the highest court overturned an Osaka High Court judgment that dismissed her claim, ordering the court to try the case again.
The Supreme Court said in its decision that whether a person is designated as a sufferer of the disease depends on the existence of a causal relationship between the toxic waste and his/her symptoms, and that the authorities have no free hand in the matter.
Following the decision, Hayashida Naoki, secretary-general of a Minamata disease sufferers’ group, said, “The court ruled that the administrative acts rejecting the victims’ applications was unfair. The authorities should make every effort to help those sufferers and conduct a comprehensive health survey of coastal residents immediately.”
Mizoguchi Akio, a son of the woman in Kumamoto, said to reporters in front of the courthouse, “I’m so happy with the ruling. I want to tell my late mother that our unrelenting efforts bore fruit finally.”
The eldest daughter of the other plaintiff in Osaka who passed away last month said in tears, “I have to continue fighting in court. I want to tell my mother to wait a little longer to rest in peace until we win the case.”
Related past article:
> Minamata disease victims call for relief without time limitation to submit application [July 4-6, 2012]
