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Tokyo High Court overturns conviction for flyer distribution

The Tokyo High Court on March 29 acquitted a former government employee who had been convicted of distributing political fliers while off-duty.

In November 2003 just before the general election, former Social Insurance Agency employee Horikoshi Akio put Japanese Communist Party fliers and an Akahata extra in his neighborsf mail boxes on his day off. In March 2004, he was arrested and indicted for violating the National Public Service Law which bans public employees from participating in political activities.

The court ruled, gPunishing the defendant for distributing fliers violates the constitutional guarantee of free expression.h The judge added, gOur nationfs ban on public servantfs political activities is broader than that of other foreign nations. Now is the time to reexamine what actions should be subject to punishment.h

Later on the same day, when asked by reporters to comment on the court decision, Japanese Communist Party Secretariat Head Ichida Tadayoshi said, gFrom the standpoint of the right to freedom of expression under Article 21 of the Constitution, this ruling is just.h

Ichida also stated, gThe ruling, however, acknowledged that the prohibition of public employeesf political activities under the National Public Service Law is constitutional. In the light of the International Covenant on Economic, Social and Cultural Rights and other advanced nationsf laws regarding this issue, Japanfs law on public workersf rights is undemocratic.h

Ichida added, gI sincerely respect the lawyersf group representing Horikoshi and all the people who support the movement demanding protection of peoplefs rights and freedom of expression. The JCP will make the utmost effort to continue to work to protect everyonefs right to freedom of expression.h

- Akahata, March 30, 2010


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