Abe: No appeal of court ruling to pay kin of leprosy patients

In what it called “unusual,” the government on July 9 decided not to appeal the recent court ruling ordering the state to compensate families of leprosy patients for its failure to stop societal discrimination against them.

The decision is expected to finalize the Kumamoto District Court’s ruling ordering the government to pay 376.75 million yen ($3.5 million) to a group of 561 plaintiffs, acknowledging its sweeping responsibility for damages caused to them.

“It is true that part of the ruling (by the Kumamoto District Court) is not acceptable,” Prime Minister Shinzo Abe said. “But we cannot cause families of Hansen’s disease patients any further trouble by dragging out the legal battle after they have gone through unspeakable experiences. This is unusual, but we decided not to appeal.”

After the news broke about the government's decision, Chikara Hayashi, leader of the plaintiff group, breathed a sigh of relief, calling it a “logical conclusion.”

“We could come all the way thanks to our supporters and backing from the public,” said Hayashi, 94, a resident of Fukuoka. “Many patients who had to die in bitter disappointment would be relieved to learn about the government’s decision.”

Before the abrupt announcement, the prevailing sentiment within the government was to appeal the court’s ruling, issued June 28, citing the extensive consequences on the rights and obligations of the public.

Government officials were also concerned about the implications for a similar battle being waged in the nation’s top court.

The decision not to appeal came after Abe consulted with health minister Takumi Nemoto and justice minister Takashi Yamashita on the morning of July 9. The deadline for an appeal was July 12.

The district court ruling marked the first time that any court has ordered the government to pay compensation to relatives of patients in response to their damage claims.

The court said the government’s longstanding policy to segregate patients “created a social structure that led (family members) to face prejudice and discrimination from the majority of the population, triggered damage created by discrimination and prevented the formation of family ties.”

The court also said in addition to successive health ministers who were responsible for the segregation policy, justice ministers and education ministers were negligent in their duty to eliminate discrimination against patients and their families.

The segregation policy was put in place in 1907 under legislation concerning leprosy patients. It had continued until 1996 even after effective treatment for the disease was confirmed. The Kumamoto District Court said segregating patients became unnecessary in the 1960s at the latest.

The policy adversely impacted Hayashi, who was 13 when his father was sent to a home for Hansen’s disease patients in Kagoshima Prefecture.

Hayashi kept the existence of his father secret after becoming the target of discrimination due to his disease.

But he became ashamed of taking such a stance and began speaking out about the issue of patients and their families.

“Taking this opportunity, the government should reveal the full extent of the segregation policy it had pushed, the disease and the plight of patients and their families,” he said.

A 67-year-old plaintiff in Tokyo said she was “relieved” to hear the government decision.

After her father was placed in a home for patients, her parents got a divorce. That led to the splitting up of her family.

“I am hoping that nobody will have to suffer from what we went through,” the woman said.