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Court dismisses damages claim for Yasukuni visit
www.chinaview.cn 2005-09-29 20:21:21

    TOKYO, Sept. 29 (Xinhuanet) -- The Tokyo High Court on Thursday dismissed an appeal by 39 plaintiffs who sought a total of 3.9 million yen (34,500 US dollars) in damages from Prime Minister Junichiro Koizumi and the state for psychological stress caused by his visit to Yasukuni Shrine.

    The high court thus supported a ruling by the Chiba District Court in November 2004 that rejected the plaintiffs' damages claim in connection with Koizumi's August 2001 visit to the war-related shrine in Tokyo.

    The high court, however, ruled that Koizumi's visit was personal, reversing the district court's ruling that the visit was in an official capacity.

    According to Kyodo News, the plaintiffs including Christians and Christian priests argued Koizumi's visit to the Shinto shrine violated their constitutional right to freedom of religion.

    In November last year, the district court ruled that Koizumi visited the shrine in an official capacity but rejected a claim for damages by 64 plaintiffs, including the 39 people, seeking a total of 6.3 million yen.

    The district court also refrained from saying whether the visit was constitutional in terms of the separation of religion and state, saying, "There is no need to make an objective judgment on the constitutionality of the visit as it does not infringe upon specific rights or legal interests" of the plaintiffs.

    Koizumi has continued to visit the shrine every year since he took office in April 2001. He has yet to visit this year.

    The latest ruling was the second high court ruling on the premier's visit to Yasukuni Shrine. In July, the Osaka High Court rejected an appeal by 338 Japanese and Korean plaintiffs against the Osaka District Court ruling in February 2004 that dismissed their suit for damages for claimed psychological stress caused by Koizumi's shrine visit in August 2001.

    He arrived at the shrine on Aug. 13, 2001 in an official car accompanied by his secretary and police officers, signed a visitor's book as the prime minister of the Cabinet and paid 30,000 yen for a donation.

    Similar lawsuits have been filed at five other district courts -- those in Tokyo, Naha, Osaka, Matsuyama and Fukuoka. In all the cases, compensation demands were rejected, but the Fukuoka District Court in April last year ruled Koizumi's Yasukuni visit was unconstitutional.

    The Fukuoka, Osaka and Chiba district courts ruled the visit was done in an official capacity.

    Since taking office in April 2001, Koizumi has paid yearly visits to the notorious shrine, which honors 14 World War II Class-A criminals responsible for Japan's aggression war against its Asian neighbors.

    People of China, South Korean and other Asian countries, as well as Japanese peaceloving groups, have strongly protested Koizumi's Yasukuni visits. Enditem

    

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