Statement to protest against unjust judgment of
“dismissal of an appeal”
by the Tokyo High Court
over the “JR Urawa Electric Train Depot Case”

5 June, 2009

  Today on June 5, 2009, Mr. Takao Nakayama, the presiding judge of the Tokyo High Court handed down an appeal court decision of “dismissal of an appeal” on JR Urawa Electric Train Depot Case (hereinafter referred to as JR Urawa Case). JRU expresses condemnation against this judgment with fury.

 The judge upheld the original decision, stating “There are some misconceptions in reference to finding of facts in the lower court decision. However, they have no effect on the judgment.” In terms of the right to organize, which can be said as a key to trade unions, the judge ignored its reality and insisted as follows: “Discussion in the union meeting is carried out under the situation of what you might call ‘relying on numbers’. Even though that doesn’t constitute violence on the body, it could give someone notice of inflicting harm at least on his freedom and dignity. Therefore original decision which decided the defendants’ act came under Chapter 223 of Penal Code is due.”

 Meanwhile, the High Court recognized that acts of Mr. Yoshida, an alleged victim, had faults, saying, “The court notes that Mr. Yoshida had a genuine reason for being slapped with specific punishment, setting aside the question that the case was equivalent to immediate expulsion. Because his act was of a problem and he didn’t express adequate excuses or suitable apologies, nor did he seem to have seriously regretted on what he had done.” Thus, though the judge touched on “erroneous findings of fact” and “Yoshida’s problem”, he forcibly tied “persuading the fellow member as a trade union” to “coercion”. The decision was made based on the assumption of “dismissal” from the very beginning, which we can never tolerate.

 We need not bend down our head to be given this undue decision of the Tokyo High Court. The decision can be said to be a matter of certainty when we see the reality of reactionary judiciary which joins up with the state power, and “oppression based on the government’s intension”. The bottom line of the JR Urawa Case was to attack JRU which has worked hard against neo-liberalism and war. Due to neo-liberal policies, workers are now compelled to carry on “race to the bottom” and their life and livelihoods are threatened. In the political and economical crisis, we notice, it is usual for the state power to step up crackdown on the opposition parties, trade unions and democratic groups that are adverse to that. Therefore acquittal for JRU7 could have been unacceptable for those in power.

 Judiciary is just running out of control. In the “Gamagoori Station Case”, Brother Kato was convicted by presumption and inference without any specific factum probans which constitutes the crime or any clear motivation. As for the “Wakayama Curry Case” (an alleged murder case), a death sentence was passed based on only inference. Now righteousness does not exist any longer in judiciary.

 Vexation and fury of JRU7 and their families is immeasurable. JRU7 are innocent. They have waged an intensive nationwide campaign for a month since May 7, aspiring for winning the case. Through this action, we have achieved further expansion of support and solidarity among Diet lawmakers, local assembly members, trade unions under the Rengo umbrella and civic groups, and carried on larger movement including street campaigns and rallies. We have smashed the government’s aim to bring turmoil to JRU, detach us from the community and drive us into isolation. Our fighting back is making much progress.

 JRU7 immediately made a final appeal to the Supreme Court. Our offensive has started on a new stage. We need to turn our fury at the unjust judgment into a springboard to try harder to create stronger and bigger support and solidarity. JRU calls for rising up for further fighting to win the JR Urawa Case and the Gamagoori Station Case.

Japan Confederation of Railway Workers’ Unions (JRU)