Court rules man not guilty of posting political party fliers in condominium

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Court rules man not guilty of posting political party fliers in condominium

The Tokyo District Court on August 28 acquitted Arakawa Yosei who was arrested by the police in December, 2004 at a condominium in Tokyo's Katsushika Ward while distributing fliers reporting Japanese Communist Party activities in the Tokyo Metropolitan Assembly and was later indicted on a charge of trespassing.

The judge determined that delivering fliers is not prohibited because such act has been regarded socially acceptable. The prosecutors had demanded a fine of 100,000 yen.

Japanese Communist Party Secretariat Head Ichida Tadayoshi at a press conference on the same day in the Diet stated, "Distributing political party fliers in condominiums is a legitimate right of the public guaranteed by Article 21 of the Constitution that stipulates the freedom of expression. It is a matter of course that the court found him not guilty."

"The JCP strongly protests against the police and the prosecutors for infringing on the right of the people by arresting and indicting him for trespassing," Ichida emphasized. He demanded that the Tokyo District Public Prosecutors Office refrain from appealing the case to a higher court.

Pointing out that law enforcement agencies are increasing the suppression of the public right of expression to the extent that nobody can distribute political party fliers without experiencing anxiety, Ichida stated, "It is very significant to win this case."

Later at a press conference, Arakawa, a Buddhist monk wearing a clerical robe, said, "I wish to pay my respect to the judgment that was based on common sense. The security police must stop suppressing freedom of speech and expression."
- Akahata, August 29, 2006