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Japanese court rejects massacre survivors' compensation claim
( 2002-06-28 14:21 ) (7 )

A Japanese judge on Friday dismissed a war compensation case filed by three survivors of a 1932 massacre of Chinese villagers by the Japanese Imperial Army because there was no compensation legislation at the time.

"The government does not have responsibility, because at the time of the incident there was no law regulating the government's responsibility to compensate damage claims," presiding judge at the Tokyo District Court Yoichi Kikuchi said as he rejected the claim.

In 1932 the Japanese Imperial Army rounded up residents of a village in Liaoning Province in northeastern China who, the military suspected, contributed to anti-Japanese resistance during World War II, and opened fire on them with machine guns.

The actual number of victims has never been confirmed, but the Jiji Press news agency said estimates vary from 700 to 3,000.

The three Chinese survivors of the massacre were asking for damages of 60 million yen (502,092 dollars) from the Japanese government.

The judge recognised the massacre took place. But basing his ruling on an argument used to reject previous compensation cases, he said "international treaties cannot be interpreted as giving the rights to individuals to claim damages against states."

The plaintiffs are expected to appeal the case, Jiji said.

According to legal sources quoted by the Kyodo news agency, about 60 damages suits have been filed in Japan by foreigners for their suffering before or during World War II, but only four have won lower court decisions.