Kishida apologizes to victims of forced sterilizations

During their meeting at the prime minister’s office, Kishida expressed his government’s readiness to settle cases currently pending in courts and even compensate those who have not filed lawsuits.

In his first direct apology to the victims since the Supreme Court ruling on July 3, Kishida said, “The government, which enforced the law, bears extremely grave responsibility. I am deeply sorry and I offer an apology on behalf of the government.”

In what is often labeled as the worst human rights violation in Japan’s post-World War II history, the law allowed people with intellectual disabilities, mental illnesses or hereditary disorders to be sterilized without their consent to prevent the birth of “inferior” offspring.

In front of more than 130 plaintiffs, lawyers and supporters, Kishida said, “It is with deep regret that at least 25,000 people have suffered the grave harm of being sterilized,” under the eugenics law, which was in effect between 1948 and 1996.

In its landmark ruling on five lawsuits, the Supreme Court said that the statute of limitations of 20 years for an unlawful act does not apply to cases involving the eugenics law.

Kishida said the government will no longer refer to the statute of limitations in the ongoing legal battles.

In the ruling, the top court said, “It is extremely unfair and unjust” to exempt the government from liability by applying the statute of limitations, and called its application by the state “intolerable,” as it “goes against the duty of good faith” and is “an abuse of power.”

The plaintiffs, who filed the lawsuits at five district courts in Sapporo, Sendai, Tokyo, Osaka and Kobe, were among a total of 39 people who have sought damages in similar lawsuits at 11 district courts and a branch court since 2018.

In four of the five cases, high courts ruled in favor of the plaintiffs and ordered the government to pay 11 million yen ($69,500) to 16.5 million yen to each victim and 2.2 million yen to the spouse of a deceased victim.

The amounts were far larger than the one-off state compensation of 3.2 million yen given to each person who underwent forced sterilization under a law enacted in April 2019. Around 1,100 were certified to receive the money.

Kishida said compensation will be granted not only to the victims themselves but also their spouses.

“I have instructed (the relevant people) to reach a conclusion as soon as possible on the form of compensation. I will do everything in my power to resolve the issue as quickly as possible,” he said.

Kishida proposed the establishment of a scheme to pay “sufficient and appropriate” compensation, taking into consideration the Supreme Court ruling. He did not specify the amount.

During the meeting, an 81-year-old plaintiff who uses the pseudonym Saburo Kita said he is not happy with the ruling and urged the government to “firmly take responsibility.” He was forced to undergo sterilization at the age of 14.

© KYODO