News-Info-Alerts

To: ALL

From: Andi Wolos & Bob Necci

(POW-MIA InterNetwork)

Re: Former POWs Win Legal Victory

Date: October 25, 2001

"Former POWs Win Legal Victory in California State Court
Updated: Thu, Oct 25 3:43 PM EDT


ORANGE COUNTY, Calif., Oct. 25 /PRNewswire/ -- An Orange County Superior Court Judge has ruled in favor of the POWs, giving them their first major legal victory in their struggle for recognition and compensation for enslavement by private Japanese companies during WWII. In his decision, Judge William F. McDonald rejected all the arguments that the State Department and the defendants' lawyers and lobbyists have urged in both Court and Congress, and indicated that the case will continue to move forward.

Judge McDonald has been appointed to oversee every American POW case in California state court. His ruling, the first substantive ruling for the POW cases pending in state court, comes down strongly in support of the POWs' claims and indicates that the cases will continue to move forward to trial.

This California Superior Court ruling, issued October 19 and made public yesterday, applies to three specific cases -- two against Mitsubishi and one against Mitsui. However, since Judge McDonald has been assigned as the trial judge for all the American POW cases brought in California state courts, the decision potentially has broader applicability.

The Departments of Justice and State have been working with the defendants, in court and behind the scenes, to oppose the veterans, arguing that the 1951 Peace Treaty with Japan waived the claims. The defendants filed a Demurrer and a Motion for Judgment on the Pleadings. If the Judge had ruled in favor of either of those, the POWs' legal efforts would have been halted.

In his decision, Judge McDonald rejected the defendants' and the State Department's position that the treaty unambiguously precluded these suits, and asserted the right of the court to hear the POWs' claims, saying:


* "It is the courts, not the executive branch, that will ultimately determine the meaning or applicability of a treaty."
* "The 'political question doctrine' does not prevent this Court from adjudicating the rights of these private party plaintiffs against private companies."
* "The Court finds that factual issues exist as to the application, if any, of the 1951 Peace Treaty with Japan to the plaintiffs' claims made in this action."
Thousands of American ex-POWs who were forced into slave labor by Japanese companies during WWII have been seeking just compensation for their injuries for many years. These ex-POWs, all now in their 70s and 80s, survived months of forced labor, beatings and starvation in Japanese-owned mines, factories, and shipyards after being captured while on duty, mostly in the Philippines. Their Japanese "employers" included such multi-billion dollar companies as Mitsubishi Corp., Mitsui & Co. Ltd., Nippon Steel Co., and Ishihara Sangyo Kaisha Ltd. These Japanese companies never paid them for their labor.

As difficult as the struggle against the Japanese companies has been, the veterans feel most betrayed by their own government. While the United States government helped to facilitate apologies and compensation for victims of WWII slave labor in Europe, it has been working with the Japanese companies to oppose the efforts of these veterans. The administration has based its opposition on the 1951 Treaty with Japan.

In contrast to the State Department's position, Congressional support for the plight of these veterans has been strong and sustained. There are currently three bills (HR 1198, S 1154, and S 1272) that support the POWs' efforts. Additionally, the Commerce, Justice, State Appropriations bill includes an amendment, passed by both the House and the Senate, that would bar the Justice and State Departments from continuing to oppose the veterans in court.

Former POW and Mitsui slave laborer Dr. Lester Tenney, of San Diego, CA, was heartened by Judge McDonald's decision, saying, "This is a great moment for those of us enslaved by private Japanese companies during the war. This is a decision that tells those of us who fought for our country that we do deserve the justice that we've been seeking. The court looked at our cases and told the Japanese companies and the Administration that their excuses won't work anymore. This is the most exciting development since I filed the first lawsuit."

For a copy of the decision, or for more information, please contact Elisabeth Rutledge at 202-661-6318 or erutledge@policyimpact.com."