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2016 June 8 - 14 [POLITICS]

Nagasaki Hibakusha sue gov’t for unconstitutional war laws

June 9, 2016
A group of 118 Nagasaki A-bomb survivors (Hibakusha) and second-generation Hibakusha on June 8 filed a lawsuit with the Nagasaki District Court, claiming that the national security-related legislation infringes upon the constitutional principle of peace.

Their lawyers said that the 118 plaintiffs will seek 100,000 yen each in compensation, and that this is the first legal battle over the so-called war laws filed by Hibakusha and their descendants.

The plaintiffs argue that the war laws violate the war-renouncing Article 9 of the Constitution, and that the constitutional reinterpretation without due modification processes being taken was a breach of the people’s right to participate in any decisions pertaining to constitutional amendments as specified in Article 96 of the Constitution.

Hibakusha are worried that they may again suffer from the horrors associated with nuclear bombs in the future, and “the right to live in peace” may again be lost. They are arguing that the war legislation causes psychological distress to them.

At a gathering held after filing the case, an 86-year-old survivor said, “My mother, my younger sister and brother were killed in the A-bombing. I hope we’ll win in court and bring back the right to live in peace.”

* * *

In Osaka as well, 713 Osakans and others from surrounding prefectures brought the security legislation to the local court on the same day. They are pointing to the unconstitutionality of the war laws and demanding an injunction against any overseas deployment of the SDF which applies Japan’s collective self-defense right. They are also demanding that the state pay 10,000 yen per person in compensation.

The Osaka plaintiffs include those who have memories of the Pacific War, Buddhist monks, and foreigners living in Japan. The number of plaintiffs will exceed 1,000, the lawyers’ team said.

Past related articles:
> More than 500 citizens sue gov’t over war laws [April 27, 2016]
> Lawyers will initiate action in courts to challenge war legislation’s constitutionality [December 22, 2015]
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