|■Tokyo High Court Made Extremely Unjust Judgment
Kotopanjang People Appeal to Supreme Court
● Statement of Protest - We Strongly Denounce the Tokyo High Court's Unfair Judgement >>
The judiciary tolerates forcible displacement, ignores damage to local people and their human rights, rejects international rules, and permits environmental destruction
"The Japanese government does not have any legal duty of care to ensure that people in an ODA recipient country do not have their rights and interests unfairly violated." (Tokyo High Court's Judgment on December 26, 2012)
After 10 years since the initial filing in 2002, the Tokyo High Court (17th Civil Affairs Section) made a judgment on December 26. On the day, Karim, the chairman of the Struggle Council for Kotopanjang Dam Victims, and Muhnur, a lawyer of the WALHI (Indonesian Environment Forum), appeared in court.
The judges simply ratified the 2009 unjust judgment by the Tokyo District Court, totally ignoring damage to local residents who had been forcibly displaced from their home.
(Photo: Muhnur, left, and Karim, right, at the press conference after the court's decision)
| ■Appeal Court Judgment Scheduled for Dec.26
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Online signature site launched: >>
・Signatures collected online will be printed and, along with paper signatures, submitted to the Tokyo High Court. We will never use them for any other purposes.
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|■Anti-nuclear power people occupied the street
Kotopanjang Dam Photos Laid Out in front of the Foreign Ministry
The Anti-Nuclear Power 1-Million Occupation movement was engaged around the Diet and Kasumigaseki government office area. We, the Action Center, held a photo exhibition on the Kotopanjang dam issue on the street just in front of the Foreign Ministry, calling for the support for the Kotopanjang dam lawsuit, the appeal court's judgment of which is scheduled for December 26. We also advocated the opposition to nuclear power export and the use of ODA for that purpose. Many passers-by expressed their support for Kotopanjang victims and their cause.
|■Give Us a Fair Judgment!
Appeal Court Judgment Scheduled for Dec.26, 2012.
15:00-, Courtroom #101, Tokyo High Court.
Mr.Karim, Chairman of the Struggle Council for Kotopanjang Dam Victims, and a representative of the WALHI (Friends of the Earth Indonesia) will appear in court. Join us at the Tokyo High Court!
■Japanese government, TEPCO & TEPSCO, and the JICA,Return the people's home you destroyed!
After ten years of struggle since 2002 filing, the appeal court judgment will be handed down by the Tokyo High Court. Karim (above), Chairman of the Struggle Council for Kotopanjang Dam Victims, and a representative of the WALHI (Friends of the Earth Indonesia) will come to Japan.
Through the 477-page brief on appeal, new evidences, examinations of witnesses, and opinion statements, we and Kotopanjang dam victims thoroughly uncovered the faults of the Tokyo District Court's 2009 judgment, which unfairly obeyed the false causes of the Japanese government, JICA(Japan International Cooperation Agency), JBIC(Japan Bank for International Cooperation), and TEPSCO(Tokyo Electric Power Services Co.Ltd). The truth must be appreciated and a reversal of judgment is possible. We need your support. Please join us at the judgment day!
|■Appeal trial at the Tokyo High Court Concluded on Sep.14, 2012
"We will never give up. Please reverse the Tokyo District Court's ruling and give us a just judgment." (Opinion Statement by Herman from Indonesia)
Mr.Herman from Indonesia appeared in the 3rd appeal court hearing on September 14. His village, Tanjun, was supposed not to be submerged in the dam lake in the construction plan. In reality, however, a large part of the village was overwashed with 2-meter-high water, and villagers were forced to give up their houses and farms and evacuate to high grounds. It was obviously a mismeasurement. Nevertheless, they have not received compensation sufficiently because it was a "voluntary evacuation." Herman described this harsh reality brought about by the faulty construction of the Kotopanjang dam.
The appeal trial was concluded with this opinion state. the appeal court judgment is scheduled for December 26.
After the hearing, Herman made a solidarity visit to the anti-nuclear power tent space set up in front of the Trade Ministry.
The Action Center held the 10th annual general meeting in the evening, where a course of action up to the appeal court judgement was discussed.
|■2nd International Solidarity Symposium against Japan's ODA Held.
Damage by the ODA and Nuclear Power Export Reported and Discussed on July 28 to 29, 2012.
Part I: Oppose the ODA for National Interests
●Telma Manaran, a victim of the Batangas ODA project and representative of the PCAD
●Attorneys for plaintiffs of the Indonesian Kotopanjang dam lawsuit
●Arnold Evangrista, representative of an urban human rights organization in the Philippines
Part II: Oppose Nuclear Power Export
●Patno Budi, Chairman of Walhi Bangka, from the planned construction site for nuclear power plants in Indonesia
●Masaaki Fukunaga, Center for South Asian Studies of Gifu Women's University, Japan, on the movement against the construction of Kudankulam nuclear power plants in India
|■2nd Appeal Court Hearing Held on Jun.22, 2012.
Mr.Iswadi, a plaintiff, made a statement in the court
■Mr.Iswadi, the director of the plaintiff group (above), appeared in the 2nd appeal court hearing on June 22 as a witness for plaintiffs.
* In the 1st hearing on March 2, the chief judge requested plaintiffs to describe people's lives before the displacement to determine whether or not any damage was actually caused by the dam construction. He also asked them to explain how the local people decided to file a lawsuit in Japan. Iswadi testified in line with these requests for as long as about two hours.
■Plaintiffs submitted five new evidences to the court, including a photo report and videos that illustrate the people's affluent lives before the dam construction, an article written by a Japanese expert, and a number of maps made by the Dutch colonial government and the imperial Japanese army.
■As the statement and evidences were so clear and convincing, the representatives of defendants (the government, JICA, and TEPSCO) had no choice but to give up their cross examination, as opposed to their repeated dirty questions and maneuvers in the examination of witnesses at the Tokyo District Court in the past.
|■Join the Petition Drive for a Fair Judgement
Signature for a just decision on the Kotopanjang Dam >>
We are engaging in a signature-collecting campaign calling for the Tokyo High Court to reverse the unfair judgement handed down by the Tokyo District Court in September 2009. Your help is needed to prevent further damage to Kotopanjang people and the environment.
|Kotopanjang Dam Trial
The First Lawsuit Challenging Infamous Japanese ODA
The Kotopanjang dam, built with the Official Development Assistance (ODA) from Japan, deprived some 23,000 people of their homeland in Sumatra, Indonesia during the 1990s. At the Tokyo High Court, 5,396 local residents are engaging in a lawsuit against the Japanese government, Japan International Cooperation Agency (JICA), and Tokyo Electric Power Services Co., Ltd. (TEPSCO) for the restoring to the original state and compensation.
The Japanese government defines the basic objective of the ODA as the "promotion of open national interests." The "assistance" is not for the local people in a recipient country. Under the guise of development aid, the "national interests," namely the profits of large global companies, have driven this overseas version of useless public-works projects, most recently including the export of nuclear power plants, at the expense of local people.
Support the lawsuit to stop the "assistance" for "national interests," or "assistance" against local residents.
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