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50 years of Japan-US Alliance
SOFA, the Darkness - Part VIII

Victims refuse to let the matter drop

gWhich country are you serving for?h This is what Murakami Akiyoshi repeatedly asked Defense Ministry officials who took the U.S. forcesf side in dealing with a car accident in which his son was involved.

Extraordinary agreement

The accident was caused by a U.S. serviceman on the night of late December 1994 in Okinawa City. A woman sitting next to the driver, Murakamifs son, was severely injured. Although the U.S. marinefs insurance provided her medical expenses, it did not cover the cost for the repair of Murakamifs car.

Article 18 of the Japan-U.S. Status of Forces Agreement (SOFA) requires that 75 percent of compensation for an accident or crime caused by U.S. personnel on duty be paid by the U.S. forces and the rest (25 percent) be paid by Japan. However, like the case of Murakamifs son, if it was caused by a U.S. serviceman off duty, which side will be charged the payment has to be determined by a negotiation between the persons concerned. Most of victims therefore have had to let the matter drop.

According to the Defense Ministry, 13,775 accidents were caused by U.S. soldiers while off duty in the 10 years from 1999 to 2008. Among them, only 256 cases or two percent were compensated by the U.S. side.

Murakami has not heard from the U.S. serviceman since he showed up once to offer an apology. In accordance with Article 18 of the SOFA, Murakami requested through the Okinawa Defense Bureau that the U.S. military pay him compensation. However, after waiting for a half year, the answer he finally received was that the military would offer him 300,000 yen in compensation, in response to his request for 920,000 yen.

gWe were blocked by the intransigence of both governments,h said Murakami. gThe U.S. forces and the Japanese Defense Ministry in essence protect criminals in order to maintain the bilateral Security Treaty and U.S. bases. This experience helped me to realize how absurd the SOFA really is.h

After receiving Murakamifs tenacious calls, the U.S. Marine Corps command in 1996 told him that it will pay him compensation on an installment plan. The payment was completed four years later in 2001. Murakami had to visit a U.S. base 22 times to receive the money.

eIt will get worsef

Taxi driver Tabata Iwao was robbed by a U.S. sailor who rode his taxi in September 2006 in Yokohama City.

In 2008, the Yokohama District Court ordered the robber to pay Tabata 1.35 million yen in damage. However, he was discharged from the military after completing his sentence in jail. Since then, his whereabouts are unknown.

Tabaha has repeatedly demanded compensation from the U.S. forces through the South Kanto Defense Bureau.

gNo apology or even one yen in compensation has been offered by the robber or the U.S. forces. There is no need to allow such U.S. forces to position their bases here and pay them the so-called esympathy budget.f If we continue to accept the current situation, it will only get worse. I will continue to demand the compensation the court ruled I am entitled to,h said Tabata.

(To be continued)

 


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