News-Info-Alerts

Re: Tokyo Rejects Suit, But Allows Ex-POW Testimony

To: ALL

From: Andi Wolos & Bob Necci

(POW-MIA InterNetwork)

Date: March 28, 2002

"Tokyo rejects lawsuit from allied soldiers
TOKYO

A Tokyo court yesterday rejected a demand for compensation by a group of Allied soldiers and civilians held captive by the Japanese during World War II.

The lawsuit was filed in January 1995 by seven plaintiffs on behalf of 20,000 former prisoners from veterans and civilians groups in Britain, the United States, Australia and New Zealand.

Yesterday's decision by the Tokyo High Court overturned their appeal of a lower court ruling from more than two years ago. The plaintiffs said they would appeal again, this time to the Supreme Court.

In its ruling, the Tokyo High Court said all compensation claims had been resolved in 1951 with the signing of the San Francisco peace treaty, according to court spokesman Kazunori Ubukata.

The Tokyo District Court reached the same decision in November 1998.

The group of former prisoners had demanded a total of US$440 million -- US$22,000 each -- for what they claimed were violations of their rights under international treaties and conventions on the treatment of war prisoners.

High Court Judge Kengo Ishii said that the 1951 treaty prevents individuals or groups from seeking compensation from the government. Compensation, he said, was something to be left to discussions between governments.

However, Ishii broke with the lower court in allowing testimonies from the former prisoners detailing their physical and psychological suffering.

Hendrik Zeeman of New Zealand, one of the seven plaintiffs, said that was a step forward in recognizing their rights. But he said it was still difficult to forgive a nation he said felt no remorse for its actions.

"I'm still very disappointed that the Japanese government has seen fit not to apologize to the world," said Zeeman, taken prisoner when he was just 13.

Zeeman, now 74, said the plaintiffs, most of whom are older than him, hoped the Supreme Court would rule on their appeal soon.

"Time is against us," he told reporters in Tokyo.

A spokesman for the U.S. Embassy in Tokyo said the embassy normally doesn't comment on judicial rulings. Representatives at the British Embassy and New Zealand Embassy were unavailable for comment.

Japan forced POWs to work in mines, shipyards and jungles in violation of international law. Many POWs were beaten and some were executed. Thousands of women across Asia were also forced to be sex slaves for Japanese troops.

The POW death rate at the Japanese camps was 27 percent, compared to a 4 percent rate at Allied camps.

After World War II, Allied nations used the 1951 San Francisco peace treaty to forge bilateral treaties with Japan and resolve the issue of compensation for POWs from their countries.

© 2001-2002 Taiwan News"