March 31, 2015
The Osaka District Court on March 30 ruled that Osaka City Mayor Hashimoto Toru unconstitutionally conducted a political belief survey on city workers, ordering the city government to pay 350,000 yen in compensation to plaintiffs.
This is the second court decision following the one in January which also acknowledged Hashimoto’s ideological survey to be unconstitutional.
Hashimoto in February 2012 carried out a questionnaire survey on Osaka city employees about their participation in union and political activities. He forced them to answer questions under threat of punishment.
The presiding judge stated, “The survey includes questions which violate plaintiffs’ constitutional rights. Obliging them to respond to such inquiries infringes on municipal workers’ rights.” He also condemned an official order issued by the mayor regarding the survey as violating the Act Concerning State Liability for Compensation.
Head of the 59 plaintiffs Nagatani Takayo said, “I’m so glad now. I want to immediately inform my colleagues that what the mayor had done to us was unconstitutional.”
Lawyer Nishi Akira welcomed the ruling as “groundbreaking because it recognized the survey as an illegal exercise of public authority” but said it is regrettable that the court disagreed with the point that the survey had violated individual workers’ right to freedom of thought and conscience.
A supporter said, “Hashimoto used taxpayers’ money to appeal the court rulings. I will continue to support the plaintiffs.”
Past related articles:
> Osaka Mayor Hashimoto’s political belief survey unconstitutional: court [January 22, 2015]
> Osaka Mayor Hashimoto conducts survey on municipal workers’ political beliefs [February 14, 2012]
This is the second court decision following the one in January which also acknowledged Hashimoto’s ideological survey to be unconstitutional.
Hashimoto in February 2012 carried out a questionnaire survey on Osaka city employees about their participation in union and political activities. He forced them to answer questions under threat of punishment.
The presiding judge stated, “The survey includes questions which violate plaintiffs’ constitutional rights. Obliging them to respond to such inquiries infringes on municipal workers’ rights.” He also condemned an official order issued by the mayor regarding the survey as violating the Act Concerning State Liability for Compensation.
Head of the 59 plaintiffs Nagatani Takayo said, “I’m so glad now. I want to immediately inform my colleagues that what the mayor had done to us was unconstitutional.”
Lawyer Nishi Akira welcomed the ruling as “groundbreaking because it recognized the survey as an illegal exercise of public authority” but said it is regrettable that the court disagreed with the point that the survey had violated individual workers’ right to freedom of thought and conscience.
A supporter said, “Hashimoto used taxpayers’ money to appeal the court rulings. I will continue to support the plaintiffs.”
Past related articles:
> Osaka Mayor Hashimoto’s political belief survey unconstitutional: court [January 22, 2015]
> Osaka Mayor Hashimoto conducts survey on municipal workers’ political beliefs [February 14, 2012]
