In April 2002, the Fukuoka District Court ordered Mitsui Mining Co. and the government of Japan to pay 165 million yen (US$1.45 million) in damages to 14 Chinese men and the family of another man now dead. But the Fukuoka High Court overturned the ruling on Monday, saying that the claim was invalid since the 20-year statute of limitations had expired.
But the court recognized the injustices both the Japanese government and the company inflicted on the plaintiffs during the war.
"The plaintiffs were forced to board a ship to Japan and were confined in an area surrounded by a fence in which a high-voltage electrical current ran," local media quoted Presiding Judge Takayuki Minoda as saying. "The forced labor was based on the government's policy in which the company was deeply involved."
The court also dismissed the government's claim that it is not responsible for paying compensation for any losses caused by wartime officials before the post-war Constitution was enacted.
However, the appeals court determined that the government and Mitsui Mining have no obligation to compensate the plaintiffs because they filed their lawsuit well after the 20-year statute of limitations expired.
The presiding judge pointed out that 55 years have passed since the forced labor ended.
The 15 Chinese nationals were taken against their will to Japan between 1943 and 1944 and were forced into hard labor in mines in Fukuoka Prefecture until Japan surrendered to the allies in 1945.
Chinese lawyers and the victims back home Monday voiced their strong protests over the high court's ruling.
"We strongly protest the irresponsible ruling that ignores the facts and justice," Yu Ning, vice chairman of the All-China Lawyers' Association, said at a press conference held at the Chinese People's Anti-Japanese War Memorial in Beijing.
Yu urged the Japanese court also to consider Chinese and international law in addition to Japanese law in their dealings with the case.
"We hope the Japanese statesmen and entrepreneurs will face up to their history and look to the future with a peaceful and constructive attitude," said Yu in a joint statement issued by the lawyers' association and a number of related organizations.
The plaintiffs and their families became emotional upon hearing the high court's verdict.
"We created fortunes for them with our sweat and blood, and we were often beaten and abused," said 78-year-old Zhang Wukui, his tearful daughter beside him. "Why did they simply dismiss our case with just a few words?"
Two of the plaintiffs were in Japan for the appellate court decision, and one was absent for unknown reasons. But the plaintiffs present in Beijing echoed or remained silent, lingering at the site after the press conference finished.
They expressed their deep gratitude to the Japanese lawyers who have been supporting them and who fought for justice for them.
Promising to continue fighting if the plaintiffs decide to appeal the ruling to the Japanese Supreme Court, the Japanese lawyers say they believe they have a case since the high court attributed their decision to a time limit. "If every time defendants are exempted of responsibility just because time limits lapsed, truth gets covered up," said Onoyama Yuji, who leads the legal team in Japan.
The lawyers are pleased that at least the case helped reveal pertinent facts to the Japanese courts and public.
"It is important indeed to win the case, but another important goal for us is to let Japanese know more of the truth about the war with the investigation of the courts themselves," said another lawyer Takahashi Tohoru.
This is the first high court ruling on a damages suit for forced labor during the war. Ten other similar suits are being tried in courts across Japan.
(China Daily May 25, 2004)
