Japan Press Weekly

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2008 September 17 - 23 [CIVIL RIGHTS]

Public service employee fined for distributing JCP fliers

The Tokyo District Court on September 19 convicted Ujihashi Shin’ichi, a government employee, for distributing Japanese Communist Party fliers in violation of the National Public Service Law, and ordered him to pay 100,000 yen in fines.

Ujihashi was an employee of the Labor, Health and Welfare Ministry. He was arrested in September 2005 on suspicion of breaking and entering while distributing copies of an Akahata extra at a police officers’ apartment building in Setagaya Ward.

Once he was found to be a government employee, the prosecutors charged him with violating the National Public Service Law that prohibits public employees from participating in political activities, although he was distributing fliers on his day off and in an area which is far from his workplace.

At a rally in protest against the ruling held in front of the Tokyo District Court, Ujihashi said, “This is a shameful ruling. The judge just followed what the prosecutor said. Judicial conscience is called into question. I will continue to fight in the high court.”

On the same day, Japanese Communist Party Secretariat Head Ichida Tadayoshi issued the following statement in protest against the Tokyo District Court ruling:

“It is anachronistic for the court to try to resurrect the 1974 Supreme Court ruling on the Sarufutsu case, which has virtually been inapplicable due to a lot of criticism from various fields.

During the trial, Ujihashi’s lawyers asserted that his arrest on suspicion of breaking and entering was illegal, that the prohibition of political activities under the National Public Service Law and the National Personnel Authority regulations is unconstitutional, and that his political activities didn’t violate the National Personnel Authority regulations because he used his day off at a location that has nothing to do with his workplace and he could not be recognized as public employee by his appearance.

It was unjustifiable that the judge found Ujihashi guilty without examining any of these points.

The JCP will do all it can to win a not guilty verdict for Ujihashi and get rid of regulations banning public employees from participating in political activities by increasing the struggle and heighten public opinion.”

(Note: Sarufutsu case-- A postal worker was indicted for having put up a Socialist Party candidate's posters on public election poster boards. The Supreme Court reversed lower court decisions and found the worker guilty.)