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The Tokyo High Court rejected an appeal by four Chinese who were forced to be "comfort women" during World War II, on Wednesday. The verdict means they will get neither compensation nor an official apology.
The ruling, announced in just one minute after a nine-year process, is absolutely unfair to those "comfort women" who feel like they have died, but are still alive today.
The women filed the original suit in 1995. The plaintiffs' demands for compensation and an official apology from the Japanese government were rejected in May 2001 by a lower court in Tokyo. The court claimed that individuals have no right to seek state compensation in Japan.
Although acknowledging the militarist government's role in forcing women in some Asian countries to become "comfort women" during World War II, and the traumatic nature of their experiences, the High Court decided that the current government is not responsible for atrocities committed by a wartime government.
The grounds on which the verdict was reached are very simple -- there is a limit for seeking redress under the Japanese civil code of 20 years.
But if the reason for rejecting the appeal this time is really so simple, why has it taken nine years to settle?
In addition, admitting one is at fault but refusing to take responsibility is mind-boggling.
Japan has rejected most similar compensation demands in the past, be they "comfort women" or forced labor cases, often giving questionable defenses.
So such a ruling is not surprising.
If justice is ultimately served, fighting for nine years is certainly worthwhile. Regrettably it was not in this case.
The shattering of a hope that justice would be done, held by the women for decades, since the day they were forced into sexual slavery, must be excruciating.
If there is a validation period for seeking redress, as the Tokyo court said, is there a point when the pain inflicted on those women will end?
(China Daily December 17, 2004)
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