SUCRA(さくら: Saitama University Cyber Repository of Academic Resources)は、埼玉大学に在籍する研究者の学術雑誌論文、紀要論文、科学研究費補助金成果報告書、学位論文、研究発表プレゼン資料などを登録し、広く世界に発信しています。 埼玉大学に在籍する皆様は、著作物をSUCRAを通じて発信することができます。詳しくは「成果物の登録方法」をご覧ください。
Since 2003 when I initially got involved with the Hansen’s disease problems I have noticed the fact that there was a minor patient who was detained for a long time in Jū-Kanbō (the worst condition prison jail) of Kuriu-Rakusenen sanatorium without trial to die there after all, through Mr. Goro Sawada’s Death Penalty on an Innocent Person (2002). Meanwhile sociologists’ regards mainly pursue the living problems and memories, thus I did not pay attention to the minor’s death in the prison that much.
However, the encounter with the minor’s younger brother changed my interest. It is Mr. Kiyoshi Suzumura (born in 1939) who has lived in Tama-Zenshōen sanatorium. I and Ai Kurosaka visited Zenshōen to interview Mr. Suzumura. While practicing this interview I reminded that other testimonies of several Hansen’s disease ex-patients, such as Mr. Ichiro Seki and Mr. Koji Suzuki in Kuriu-Rakusenen, and Mr. Osamu Sagawa who was transferred from Kuriu-Rakusenen to Tama-Zenshōen, talked about dipping up of excretions from vault toilets and distributing food in Jū-Kanbō. I referred to Mr. Takashi Takada’s life story that Mr. Yuji Kodama interviewed and Mr. Goro Sawada’s life story that other supporters heard, to write this essay “Detained in Jū-Kanbō without Trial”.
In order to reveal the fact that it was not until 1947 when Hansen’s disease patients had been deprived of the legal right to have trial, I put “Notes on ‘Trials and Lawsuits on Hansen’s Disease Issues’ (Part 1)” as the subtitle of this article. As a matter of fact, even Japanese Supreme Court under the new Japanese Constitution discriminated Hansen’s disease people by operating so-called “special courts” which actually meant “segregated courts” until 1972, the year of Okinawa’s reversion to Japan. Thus I want to give an overview of the history about the Hansen’s disease issues and trials.
Later I will try to review the court actions, such as the Unconstitutionality of the Leprosy Prevention Law’s State Compensation (in 2001 the plaintiffs won the first trial and the judgement was confirmed by the government’s waiver of the right to appeal), Tama-Zenshōen Medical Malpractice Lawsuit (in 2005 the plaintiff won the first trial and agreed settlement with the government at the appeal court), Paternity Suit by the Daughter of a Dead Hansen’s Disease Patient (the plaintiff lost the first trial in 2005 and finally lost her case at the court of final appeal), Korean Sorok Island Sanatorium and Taiwanese Losheng Sanatorium Lawsuits (in 2005, at the first trial the Korean plaintiffs lost and the Taiwanese plaintiffs won. Later, both could receive the compensation by the revision of Hansen’s Disease Compensation Law), Compensation Lawsuit by a Son of Non-sanatorium-residential Hansen’s Disease Patient (the plaintiff lost the first trail in 2015 and is now under dispute at the appeal court), and Class Action Lawsuit by Hansen’s Disease Patients’ Families (in 2016 this case was filed by 568 plaintiffs and is now under trial). We had a chance to learn more information of these court actions because we are especially involved in the Class Action Lawsuit.
裁判抜きの「重監房」 : 「ハンセン病と裁判」覚書（その1）《論文》
KY-AA11946779-15-03.pdf
(1.18MB)
SUCRAの概要
