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 Lawsuits against the Government of Japan filed by the survivors in Japanese Courts There have been ten cases filed by the survivors of Japan's military sexual slavery. Eight of them are still pending (one at district court level, five at high court level and two at the Supreme Court level). Two of these cases have already been rejected by the Supreme Court of Japan, thus exhausting all the domestic remedies. Amongst these ten cases, in only one case the plaintiffs enjoyed victory, although partial (which was later denied by the High and Supreme Courts, finalizing the dismissal of all of the plaintiffs' claims). In quite a few cases, the court has stayed away even from making factual findings. In all of the decisions, the core of the plaintiffs' claims are rejected on the grounds under domestic and/or international law, such as statute of limitations, the immunity of the State at the time of the act concerned, and non-subjectivity of the individual of international law. The Case of Korean victims of the Asia-Pacific War claiming reparations (including KIM Hak-soon and seven other women) * first filed: 06 Dec 1991 * District Court's decision: on 26 March 2001, claims dismissed * "Koso" appeal made: * High Court's decision to be issued on 22 July 2003 at 15:30, Court Rm #813, Tokyo High Court. The Case of Pusan "comfort women" and Women's Labor Corps members claiming official apology, etc. * first filed: 25 Dec 1992 * District Court's decision (Shimonoseki Branch, Yamaguchi District Ct): on 27 Apr 1998, a part of claims accepted.(Detailed fact findings made; the State's obligation for proper legislation and its breach by inaction recognized; and payment of 300,000 yen, about 2800 US$, to each of the "comfort women" plaintiffs ordered.) * "Koso" appeal made (to Hiroshima High Ct): 01 May 1998 * High Court's decision: on 29 Mar 2001, Plaintiffs' appeal dismissed. * "Jokoku" appeal made: 12 Apr 2001 * Supreme Court's ruling (rather than decision): on 25 Mar 2003, appeal based on breach of Constitution unaccepted. Domestic remedies thus exhausted. The Cases of Philippino "comfort women" claiming compensation * first filed: 02 Apr 1993 * District Court's decision: on 09 Oct 1998, claims dismissed (the only fact found was Japan's military occupation of the Philippines) * "Koso" appeal made: 23 Oct 1998 * High Court's decision: on 06 Dec 2000, appeal dismissed * "Jokoku" appeal made: 20 Dec 2000 * Now pending at Supreme Court, ruling (rather than decision) may be issued any moment. Position Paper on the Court Case of the Filipino Comfort Women (ASCENT)/Maya Lolas http://www.hri.ca/partners/vawwnet/POSITION.htm Statement of Ms. Gertrude Balisalisa, President of Malaya Lolas, after the dismissal of Filipino claims for compensation by the Tokyo District Court, February 17, 1999. http://www.hri.ca/partners/vawwnet/CaseStat.htm The Case of SONG Shin-do calming apology, etc. * first filed: 03 Apr 1993 * District Court's decision: claims dismissed (factual findings made) * "Koso" appeal made: 07 Oct 1999 * High Court's decision: on 30 Nov 2000, appeal dismissed (but factual findings made, and breach of international law recognized) * "Jokoku" appeal made: 12 Dec 2000 * Supreme Court's ruling (rather than decision): on 28 Mar 2003, appeal based on breach of Constitution unaccepted. Domestic remedies thus exhausted. The case of Dutch POWs and civilian detainees claiming compensation * first filed: 24 Jan 1994 * District Court's decision: on 30 Nov 1998, claims dismissed * "Koso" appeal made: 02 Dec 1998 * High Court's decision: on 11 Oct 2001, appeal dismissed (summarized factual finding made as "damage as alleged is recognized for each of the plaintiffs") * "Jokoku" appeal made: 24 Oct 2001 * now pending at Supreme ct, ruling (rather than decision) may be issued any moment. The Case of Chinese "comfort women" claiming compensation, etc (1st group) * first filed: 07 Aug 1995 * District Court's decision: on 30 May 2001, claims dismissed (no factual findings made) * "Koso" appeal made: June 2001 * Now pending at High Ct. The Case of Chinese "comfort women" claiming compensation, etc (2nd group) * first filed: 23 Feb 1996 * District Court's decision: in March 2002, claims dismissed (factual findings made, recognizing for the first time PTSD as part of damage) * "Koso" appeal made: 2002 * 2nd hearing on 28 May 2003 at 15:00, Court Room #822, Tokyo High Ct The Case of victims of sexual violence in Shan-xi Province, China, claiming compensation, etc. *first filed: 30 Oct 1998 *District Court's decision: on 24 Apr 2003, claims dismissed (factual findings made, and resolution through legislation recommended) The Case of Taiwanese "comfort women" claiming compensation and written apology *first filed: 14 July 1999 *District Court's decision: on 15 Oct 2002, claims dismissed (no factual findings made) * "Koso" appeal made: Oct 2002 *19 May 2003 at 11:00, Court Room #818, Tokyo High Ct *3rd hearing on 28 July 2003 at 14:00 The Case of Hainan Island "comfort women" seeking written apology, etc. *first filed on: 16 July 2001 *Now pendng at District Ct. (All of the cases above were filed at Tokyo District and High Courts unless stated otherwise.) |
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