Japanese High Court Rejects Childrens' Claims on the Right to Evacuation
On April 24, Sendai High Court rejected the claims of the 14 primary student in Koriyama City calling for the government to implement a collective evacuation to the safe place. Numbers of the overseas media reported this decision made by the Japanese court including ABC News, Fox News, the New York Times, Washington Post, Guardian, Telegraph, Russia Today, Straits Times. No Japanese mainstream media reported it. As the trial itself becomes world-wide populer, it is getting more difficult for the Japanese media to conseal this horrible incident from their own people.
Here is Attorney Toshio Yanagihara's remark of the conclusion of the judgment by the Sendai High Court
Fukushima Collective Evacuation Trial is a "scientific trial", which emphasizes an importance of facts whether it is dangerous or not. If it is dangerous, avoid it; this is the principle of a scientific trial.
Today, the Sendai High Court clearly states that plaintiffs live in Koriyama city have been exposed by low-level radiation, and the long-term exposure is concerned damages of their lives, bodies and health in comparison to damages brought among children after Chernobyl disaster, which means children and people in Koriyama city might have grave consequences for their lives, bodies and health. This is an epoch-making finding of fact, which should definitely conclude with judgment for saving children from danger.
However the Court didn't do so. Nevertheless children in Koriyama city are in danger, be still. How such an acrobatic conclusion come? The extreme logic is based on an idea "Ones who think it danger evacuate voluntary. Take your own risks, there's no need to do anything for the city and the government."
No way, it's turning things upside down!! Victimizers, the government who brought the nuclear disaster and a municipality, Koriyama city who has constitutional duty to educate children in a safe environment should take risks. Essentially, children who are innocent and 100% victimized by the nuclear disaster have nothing to absorb.
Has there ever be judgments worse than this delusive and brutal one that dismissed a claim to save children in danger turning things upside-down with extreme logic?
This conclusion cannot be accepted. We have to straighten this wrong judgment with our hands, I think this is the way of responsibility for children. From now on, raise your voice again and again!!
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Remarks by Supporters
We received Dr. Matsuzaki's and Prof. Koide's remarks on the conclusion of Sendai High Court. We still need your voice to straighten this judgment which decides a future and lives of children in Japan.
Dr. Michiyuki Matsuzaki's remark
Sendai High Court dismissed a claim of plaintiffs, nevertheless they recognize that it would be concerned a serious matter on lives, bodies and health of children because of the Fukushima nuclear disaster. Even if children changed routes to schools, they stay in contaminated areas for the last two-third time of daily lives.
However, the conclusion acknowledges a danger in another respect, so I think it can be a foundation of our new movement which demands a collective evacuation from the middle area of Fukushima Pref. including Koriyama city. Let's keep on struggling to save children's and people's lives and health.
Be the conclusion our "weapon", that evidences radioactive contamination brings a serious matter.
Prof. Hiroaki Koide's remark
I received the conclusion of the Sendai High Court. As I've been saying that I won't trust in any trials, the conclusion heightened my feeling.
Nonetheless the judgment acknowledges a danger of low-level radiation exposure, it says no immediate risk on health. In addition, it concludes the only solution is to evacuate or relocate; changing schools is not enough to avoid radiation exposure over 1mSv/y.
Yes, that point of the conclusion is absolutely right. In order to avoid radiation exposure over 1mSv/y, there's no other way to evacuate from contaminated areas including Koriyama city. The government has responsibility to do so, and I've been insisting so.
In spite of that, the judgment dismisses a claim of plaintiffs saying they may be able to evacuate or relocate anywhere if they want safer environment below 1mSv/y.
The problem is clear that the government is responsible for this forcible radiation exposure toward children; people in contaminated areas are not responsible for. The Court which cannot recognize this point is very much like a slave of the state.
April 24th, 2013