“ I did not want to inspire tears. I want to do something about education in Page 9 the west.�
Dolores stopped searching for a suitable school after the second school refused her. Page 8
NO. 148
FRIDAY APRIL 2 2004
CN11-0120
The way China’s avantgarde see themselves is growing and maturing along with the whole of society. Page 11
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A Hard Won Victory Japanese court rules Chinese slave laborers eligible for compensation By Su Wei n a landmark ruling last Friday, a Japanese court ordered the government and a private company to pay damages to 12 Chinese plaintiffs who were brought to Japan as slave laborers during World War II. All the plaintiffs are in their late 70s or early 80s, with two relatives representing Liu Fengge, who died of a cerebral hemorrhage a few days before he was to testify before the court at the end of April, 2000. The Japanese government issued a statement yesterday saying it would appeal the decision. Court’s decision The 12 lodged their lawsuit at the Niigata District Court in August 1999, demanding 275 million yen (US $2.6 million) compensation from the Japanese government and the Niigata-based distribution company Rinko. The claim was based on the “illegal act conducted jointly by Japan and the company� of their being forcefully taken from China to Japan to perform slave labor during World War II. Before the court handed down its verdict, the Japanese government claimed the country’s law at that time exempted the state from compensation claims and also claimed exemp-
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Around 40,000 Chinese were sent forcibly to Japan and made to work in 135 workplaces for 35 corporations during World War II. Some 7,000 of them died, according to statistics released by the Japanese government in 1946.
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Chinese plaintiffs and their supporters head to the Niigata District Court in Japan on March 26 demanding compensation from the Japanese government and a Japanese company over their forced labor in Japan during World War II. Photo by Photocome
tion on the basis that the statute of limitations had passed. The defense team for Rinko also argued that the 20-year statute, under Japanese law, had expired. Presiding Judge Noriyoshi Katano acknowledged that the 12 were forced to perform hard labor under poor conditions for the Niigata-based harbor transport company Rinko, adding that the defendants failed to comply with their obligation to ensure safe working conditions. “Their lives, physical safety and freedom were infringed,� he said in his ruling. “Applying legal principles from before the end of the war, which said civil law could not be applied for actions by state power, in a case of such massive violations of human rights would be an excessive lack of legitimacy from the standpoint of justice and fairness,� Katano stressed. The court finally ordered the government and the company to jointly pay eight million yen to each of the 11 surviving slave laborers. Justice done The announcement of the decision was greeted with applause and tears in the courtroom. “This is a historic decision,� one supporter who attended
the court session, was quoted as saying in the Japan Times. One of the plaintiffs, 78-yearold Wang Chengwei, offered a heart-felt “Thank you� to everyone who supported his cause after the decision was announced. “My father had said that it would be difficult to win,� Wang’s son, Wang Haijing, said after the ruling. “I am glad to have been able to hear a positive verdict while my father is still alive.� Another plaintiff, 83-yearold Zhang Wenbin, had previously said, “I want the Japanese government and companies to face history, compensate and apologize.� According to court documents, over 900 Chinese were brought to Niigata in 1944 by the Japanese military and put to work at the Niigata port and train stations as porters carrying food and coal. The 12 plaintiffs received little food, were abused and were not paid for their labor, said the documents. A shock to Japan The ruling came as a shock to the government, Kyodo News Agency reported. “The ruling runs counter to verdicts in similar lawsuits that rejected such compensation demands, and some government officials said it ran against judicial precedent,� the news
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agency stated last weekend. “It was a very severe ruling for the government,� deputy chief cabinet secretary Hiroyuki Hosoda told reporters in Tokyo last Friday, as reported in the Japan Times. Hosoda acknowledges that many people had suffered as a result of forced labor, but repeated the government’s line that war reparations were settled in the 1951 San Francisco Peace Treaty formally ending the Pacific War and in later bilateral treaties, adding that China renounced its demand for war reparations from Japan in the 1972 Joint Communique signed by the two countries. The Japanese government is reportedly taking issue with the fact that the ruling rejects the understanding that the state is not obligated to pay compensation for the illegal actions of civil servants. “The district court has overturned something that has been recognized by the Supreme Court,� one senior justice ministry official was quoted in the Japan Times. (Continued on page 2) EXECUTIVE EDITOR: JIAN RONG EDITOR: HOU MINGXIN DESIGNER: LI SHI
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China Takes Countermeasures on US Visa Process China Tuesday announced to take countermeasures against the US decision to fingerprint most Chinese who will go to the United States. The measures include granting ordinary visas and levying a visa fee for US personnel holding diplomatic or service passports who are traveling for personal purposes and requiring interviews with some US citizens who are applying for visas to China in the Chinese embassy and consulates. The decision also banned US citizens from applying for visas upon arrival in China. On March 22, the US embassy in China started collecting the fingerprints of Chinese who will go to the United States. Other US consulates in China will also adopt the practice, according to the US embassy. The US practice mainly targets visa applicants from the Middle East, Asia and Latin America, and excludes Canada and 27 European countries. (Xinhua)
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