Court rejects demand for state compensation for former war orphans left in China

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Court rejects demand for state compensation for former war orphans left in China

The Tokyo District Court on January 30 dismissed the demands of 40 former war orphans left in China at the end of WWII for the government to pay 33 million yen each in compensation for failing to fulfill its responsibility to support their swift return to Japan from China and provide adequate assistance for their resettlement.

Later in the day, the plaintiffs and their lawyers issued a statement at a press conference, stating, "It is a very cold and heartless ruling that does not give the slightest consideration to plaintiffs' feelings." They decided to immediately appeal to a higher court.

The ruling acknowledged that the prewar government policies of establishing "Manchukuo" (the puppet regime in northeast China) and of immigrating Japanese nationals to China created the war orphans left in China. However, it ruled that the colonial and war policies of the state were not subjects to judicial judgment on the grounds that they were conducted on the basis of highly political judgments.

One of the plaintiffs showed chagrin by saying, "Not only the government but the court has abandoned us. It is merciless and goes against the history."

Last December, the Kobe District Court acknowledged the government responsibility to compensate former war orphans, stating, "The pre-war state policies were heartless and made very light of its citizens' lives."

Following Osaka and Kobe district courts, this is the third court decisions among 15 lawsuits concertedly filed by about 2,200 plaintiffs.
- Akahata, January 31, 2007