In April 2002, the Fukuoka District Court ordered Mitsui Mining
Co. and the government of Japan to pay 165 million yen (US$1.45
million) in damages to 14 Chinese men and the family of another man
now dead. But the Fukuoka High Court overturned the ruling on
Monday, saying that the claim was invalid since the 20-year statute
of limitations had expired.
But the court recognized the injustices both the Japanese
government and the company inflicted on the plaintiffs during the
war.
"The plaintiffs were forced to board a ship to Japan and were
confined in an area surrounded by a fence in which a high-voltage
electrical current ran," local media quoted Presiding Judge
Takayuki Minoda as saying. "The forced labor was based on the
government's policy in which the company was deeply involved."
The court also dismissed the government's claim that it is not
responsible for paying compensation for any losses caused by
wartime officials before the post-war Constitution was enacted.
However, the appeals court determined that the government and
Mitsui Mining have no obligation to compensate the plaintiffs
because they filed their lawsuit well after the 20-year statute of
limitations expired.
The presiding judge pointed out that 55 years have passed since
the forced labor ended.
The 15 Chinese nationals were taken against their will to Japan
between 1943 and 1944 and were forced into hard labor in mines in
Fukuoka Prefecture until Japan surrendered to the allies in
1945.
Chinese lawyers and the victims back home Monday voiced their
strong protests over the high court's ruling.
"We strongly protest the irresponsible ruling that ignores the
facts and justice," Yu Ning, vice chairman of the All-China
Lawyers' Association, said at a press conference held at the
Chinese People's Anti-Japanese War Memorial in Beijing.
Yu urged the Japanese court also to consider Chinese and
international law in addition to Japanese law in their dealings
with the case.
"We hope the Japanese statesmen and entrepreneurs will face up
to their history and look to the future with a peaceful and
constructive attitude," said Yu in a joint statement issued by the
lawyers' association and a number of related organizations.
The plaintiffs and their families became emotional upon hearing
the high court's verdict.
"We created fortunes for them with our sweat and blood, and we
were often beaten and abused," said 78-year-old Zhang Wukui, his
tearful daughter beside him. "Why did they simply dismiss our case
with just a few words?"
Two of the plaintiffs were in Japan for the appellate court
decision, and one was absent for unknown reasons. But the
plaintiffs present in Beijing echoed or remained silent, lingering
at the site after the press conference finished.
They expressed their deep gratitude to the Japanese lawyers who
have been supporting them and who fought for justice for them.
Promising to continue fighting if the plaintiffs decide to
appeal the ruling to the Japanese Supreme Court, the Japanese
lawyers say they believe they have a case since the high court
attributed their decision to a time limit. "If every time
defendants are exempted of responsibility just because time limits
lapsed, truth gets covered up," said Onoyama Yuji, who leads the
legal team in Japan.
The lawyers are pleased that at least the case helped reveal
pertinent facts to the Japanese courts and public.
"It is important indeed to win the case, but another important
goal for us is to let Japanese know more of the truth about the war
with the investigation of the courts themselves," said another
lawyer Takahashi Tohoru.
This is the first high court ruling on a damages suit for forced
labor during the war. Ten other similar suits are being tried in
courts across Japan.
(China Daily May 25, 2004)