Japanese war-displaced women lose damage suit
(asahi.com)
Updated: 2006-02-16 09:21

Despite accepting most of their claims, the Tokyo District Court on Wednesday rejected the damage suit of three Japanese left in China after World War II, ruling Japan's negligence "falls one step short" of requiring compensation.

The three women in their 70s, two of whom are so-called war-displaced women who were 13 or older when the war ended, had each demanded 20 million yen from the Japanese government.

They say Japan ignored its responsibility to help them get back home promptly, and to sufficiently support them once they did.

Presiding Judge Hiroshi Noyama acknowledged that the government bears "political responsibility" for not getting them out of China, but not a legal obligation to compensate them, especially given that they all managed to return to Japan by 1988.

But the judge also acknowledged the government ignored its responsibility to adequately help the women live independently in Japan upon their return.

And he agreed that they had been abandoned in China despite wanting to come back.

In filing their lawsuit in 2001, the plaintiffs claimed they stayed in China for so long because the Japanese government treated them differently from "war orphans." The government has maintained that, as opposed to the war orphans, the women stayed in China of their own free will.

Nevertheless, the judge said the plaintiffs' claim did not clear the "high hurdle" of qualifying for state redress.

Two of the plaintiffs listened to the 10-minute ruling with their heads bowed.

They later expressed their regret at a news conference.

"(The ruling) just left me with questions," said Noriko Suzuki, 77, one of the plaintiffs.

"Why did the government discriminate against war-displaced women and not help us return promptly? What is a home country supposed to be for us?"

They said they will appeal.

Wednesday's ruling was the second in a series of lawsuits by war orphans and other Japanese nationals left in China after World War II.

Since 2002, more than 2,100 have filed joint damage suits at 15 courts across Japan, demanding 33 million yen each in compensation.

Last July, the Osaka District Court rejected one of the suits, saying the government only bears moral responsibility, not a legal obligation.

The three plaintiffs' lawyer, Sayoko Ishii, said that because Wednesday's ruling acknowledged the government's "political responsibility" for the plight of war-displaced Japanese, it could have a positive influence on future developments.

She said it could encourage the war orphans' campaign to demand legislative and administrative measures to improve their lives and those of their children.