In Japan Slavery OK under the Rules

Escaped slave's kin lose redress award in appeal

By MASAMI ITO
Staff writer

The Tokyo High Court on Thursday overturned a lower court decision and denied compensation to the family of a deceased Chinese slave laborer who lived as a fugitive for 13 years after escaping from a Hokkaido coal mine near the end of World War II.

After fleeing the mine, Liu Lianren of Shangdong Providence hid in the mountains for about 13 years, unaware that the war had ended.

The lawsuit was originally filed by Liu himself in March 1996. After he died in 2000 at age 87, his widow and two children took the lawsuit over.

In July 2001, the Tokyo District Court ordered the state to pay 20 million yen in compensation, in line with the plaintiffs' demands, recognizing that the Japanese government had neglected its responsibility to protect the rights of Liu, who was forcibly brought to Japan during the Pacific War.

The July 2001 ruling was the first in which a court held the state responsible for abducting individuals from neighboring countries to work as slave laborers in Japan.

The government appealed the ruling.

On Thursday, presiding Judge Yoshiaki Nishida ruled that the government had indeed neglected its duty to find and protect Liu after he had fled the mine. He ruled, however, that the state bears no responsibility in terms of paying damages because there was no mutual assurance between China and Japan to pay state compensation at the time Liu was found.

Nishida also judged that Japan bears no responsibility for Liu's abduction and slave labor because the Meiji Constitution, which was in effect at that time, absolved the state from liability for damages.

The judge also ruled that under the Civil Code, the 20-year statute of limitations has expired, and that Liu and his family therefore have no right to seek damages.

Nishida added that Liu and his family have no right to demand payment due to the signing of government-level agreements, including the Japan-China Joint Communique in 1972 and the China-Japan Peace and Friendship Treaty in 1978.

At a press briefing after the ruling, the plaintiffs' lawyer, Tohru Takahashi, voiced disappointment at the verdict.

"All of the facts that we presented in court were recognized," Takahashi said. "And I had believed that if we (fought) in court according to the facts, there was no way we would lose."

Huanxin, Liu's 60-year old son, slammed the ruling, saying it reflected Japan's militaristic character.

"The relationship between Japan and China is under strain at the moment," Huanxin said. "And this ruling may have just poured oil on fire."

The son added that his father had died disappointed that this court battle was still ongoing in the 21st century.

"In my father's will, he asked us to fight until we see victory," Huanxin said. "And this, we will."

Lui's family will appeal to the Supreme Court.

The Japan Times: June 24, 2005
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