Japan Press Weekly

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2010 March 24 - 30 [CIVIL RIGHTS]

High Court overturns conviction for flyer distribution

In November 2003 just before the general election, former Social Insurance Agency employee Horikoshi Akio put Japanese Communist Party fliers and an Akahata extra in his neighbors’ mail boxes on his day off. In March 2004, he was arrested and indicted for violating the National Public Service Law which bans public employees from participating in political activities.

The court ruled, “Punishing the defendant for distributing fliers violates the constitutional guarantee of free expression.” The judge added, “Our nation’s ban on public servant’s political activities is broader than that of other foreign nations. Now is the time to reexamine what actions should be subject to punishment.”

Later on the same day, when asked by reporters to comment on the court decision, Japanese Communist Party Secretariat Head Ichida Tadayoshi said, “From the standpoint of the right to freedom of expression under Article 21 of the Constitution, this ruling is just.”

Ichida also stated, “The ruling, however, acknowledged that the prohibition of public employees’ political activities under the National Public Service Law is constitutional. In the light of the International Covenant on Economic, Social and Cultural Rights and other advanced nations’ laws regarding this issue, Japan’s law on public workers’ rights is undemocratic.”

Ichida added, “I sincerely respect the lawyers’ group representing Horikoshi and all the people who support the movement demanding protection of people’s rights and freedom of expression. The JCP will make the utmost effort to continue to work to protect everyone’s right to freedom of expression.”
- Akahata, March 30, 2010