By Yusuke Nagano, The Asahi Shimbun
YOKOHAMA–The district court here Monday denied the children of a deceased journalist the chance to clear their father’s name in a case that is regarded as the most notorious instance of suppression of free speech in wartime Japan.
The court elected to bypass handing down a verdict on whether Yasuhito Ono was guilty of promoting communism and engaging in subversive activities during World War II, thus allowing his conviction under the Peace Preservation Law in 1945 to stand in what is known as the “Yokohama Incident.”
The Yokohama District Court, following a March 2008 ruling set by the Supreme Court in an earlier case, decided to dismiss the plea for a verdict that addresses the question of guilt or innocence.
Ono worked as an editorial member of Kaizo (Reform) magazine. He died in 1959.
Ono’s two children had requested the retrial. It was the fourth such request by former defendants convicted over the Yokohama Incident or their family members.
Presiding Judge Takaaki Oshima made clear he had no choice but to dismiss the case, citing provisions under the former Criminal Procedure Law, which stated that trials involving individuals convicted under laws no longer on the books and those granted amnesty should be dismissed.
The Peace Preservation Law was abolished in October 1945, after which Ono was granted an amnesty.
When the district court agreed to a retrial last October, Oshima cited evidence that would suggest a “not guilty” verdict was more appropriate.
For instance, the court noted that a 1942 meeting attended by political scientist Karoku Hosokawa, editors and others in Toyama Prefecture, which wartime police had labeled an occasion to discuss the resurrection of the Communist Party, was “nothing but a friendly meeting among editors.”
The court on Monday cited that finding again. It also noted that wartime special police used torture to make suspects confess their “crimes.”
“But for a legal obstacle, it would be possible to reach substantial judgment in a retrial right away,” Oshima said, apparently referring to the former Criminal Procedure Law.
But the court sidestepped the issue of guilt or innocence until family members take steps to request criminal compensation.
Ono’s son, Shinichi, 62, and daughter, Nobuko Saito, 59, said Monday they will not appeal the case but instead move to seek compensation from the state for their father’s ordeal.
“We wanted to hear the word ‘innocent’ from the court,” Shinichi Ono said at a news conference. “We now realize the difficulty of trying to overturn a Supreme Court decision.”
Ono was arrested by a special unit of the Kanagawa prefectural police in May 1943 after proofreading an article written by Hosokawa for Kaizo magazine in 1942. Wartime authorities determined that the article enlightened the public on communism.
Ono was found guilty in September 1945, a month after World War II ended.
Overall, more than 60 journalists and others were arrested on suspicion of violating the Peace Preservation Law between 1942 and 1945. Four of them died in prison as a result of being tortured during the investigation.(IHT/Asahi: March 31,2009)
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