Japan’s government should stay out of U.S. sailors’ lawsuit against Tepco via The Japan Times

Dear Prime Minister Shinzo Abe,

Let me first acknowledge that after four long years of silence, the Japanese government has finally taken a position regarding the lawsuit filed against Tokyo Electric Power Co. in the U.S. by more than 450 American sailors, marines and civilians who were on board the USS Reagan and accompanying military ships off the coast of Tohoku after 3/11.

These young people experienced serious health problems resulting from, they allege, radiation exposure while participating in Operation Tomodachi, the U.S. military’s humanitarian rescue mission launched in response to the Great East Japan Earthquake and tsunami of March 11, 2011, and subsequent multiple meltdowns at the Fukushima No. 1 nuclear plant.

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The Japanese government submitted an amicus curiae brief to the Ninth Circuit Court of Appeals on Feb. 3. An amicus curiae (friend of the court) brief is one presented by a party not directly involved in the suit in the hope of influencing the outcome. The brief contains two points:

1. “The Government of Japan has developed a comprehensive system to ensure compensation for victims of the Fukushima Nuclear Accident.”

2. “Damage claims brought in tribunals outside of Japan threaten the continuing viability of the compensation system established by the Government of Japan.”

Examining the first point, if the Japanese government truly had “a comprehensive system to ensure compensation for victims,” there would be no need for the U.S. service members’ lawsuit. Yet, as you know, the Japanese government and its subsidiaries have, to date, not paid a single yen to any non-Tepco-related victim of radiation exposure from Fukushima No. 1. This includes, as of March this year, a total of 173 children from the prefecture who underwent surgery after being diagnosed with suspected thyroid cancer, 131 of whom were confirmed to have had cancer.

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Let us further suppose that an American court were to award $3 million per person as compensation for the deaths, currently standing at seven, of the military personnel who were irradiated. By contrast, the Japanese government continues to deny compensation, for radiation-induced illnesses let alone deaths, to its own citizens. This would surely impact the “viability” (not to mention reputation) of the Japanese government in its ongoing denial of radiation-related injuries to non-Tepco employees.

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Fortunately, thanks to the support of thousands of ordinary Japanese, he has already raised $700,000 toward his $1 million goal. With tears in his eyes, Koizumi explained that he could not ignore the suffering of hundreds of formerly healthy young Americans who willingly put themselves at risk in order to render aid to the Japanese people.

Prime Minister Abe, I call on you to end the Japanese government’s unconditional legal support of Tepco. Further, if the Japanese government has a conscience, please immediately provide medical aid and compensation to the hundreds of American victims of Operation Tomodachi.

BRIAN VICTORIA

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