Japan Press Weekly

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2009 May 20 - 26 [US FORCES]

Court fails to recognize state responsibility over murder by U.S. serviceman

The Yokohama District Court on May 20 ordered a former U.S. sailor to pay 65 million yen in compensation to the relatives of a woman he killed. It however refused to order the Japanese government to pay for damages.

Sato Yoshie, the wife of Yamazaki Masanori, was killed by former U.S. Aircraft Kitty Hawk crew member William Reese in Yokosuka City in 2006.

At issue in court was whether or not this murder case can be subject to the special civil act pertaining to the Japan-U.S. Status of Forces Agreement which requires the Japanese government to pay for damages caused by U.S. servicemen while they are on duty.

The judge ruled that the law can be applied to crimes committed by U.S. military personnel when they are off duty if the U.S. military’s lack of supervision is recognized as unreasonable. However, it judged that such “great unreasonableness” was not found in Reese’s case.

The plaintiffs’ lawyer Takahashi Hiroshi said, “It is important that the court ruled that there can be cases in which the U.S. forces are held responsible for the negligence of supervision of servicemen. The court ruling should be firmly based on the facts in this case involving Reese.”

Judge Mizuno Kunio in his decision demanded that the U.S. Forces take effective measures of supervision to prevent such crimes. After reading his decision, he requested that concerned authorities make an effort to fully understand the ruling.

Yamazaki said at a press conference that it is regrettable that the court did not hold the state and the U.S. forces responsible.

His lawyers said they will consider appealing to a higher court.