| The judgement in Kyoto：
The judgement in Kyoto was that the Government and TEPCO have responsibility
for the nuclear accident. The right to evacuate for plaintiffs who have
self- evacuated were accepted.
The plaintiffs of the Kyoto trial collectively claimed 846.6 million yen
in damages. On the 15th of March 2018, the Kyoto district court ordered the payment of a combined
110 million yen (approximately $970,000 / €850,000 / £740,000) for
110 of the 174 plaintiffs, but 64 were rejected, mainly children. Only
three families' claims were rejected entirely. Although the compensation
was an important acknowledgement of the principle, the amounts were largely
a token payment. Each of the plaintiffs' awards were very different. None
of the awards came anywhere near the actual losses of the plaintiffs due
to the disaster, which in papers submitted to the court included:
The average awarded was 1 million yen (approximately $8,840 / €7,700
/ £6,700), but some got more, some much less. The highest was 5.5 million
yen (approximately $48,000 / €42,000 / £37,000) for someone living
very close to the plant; the lowest was 22,000 yen (approximately $194
/ €170 / £150). Even so the Government and TEPCO appealed, meaning
that they don't accept their responsibility for the Fukushima nuclear disaster
and the plaintiffs have not received anything. The appeal court will start
on the 14th December 2018 at the Osaka high court.
- Loss of property (including homes, land, belongings etc.)
- Loss of business activity and work
- Damage to children (health, psychological issues, separation from friends
- Suffering caused by evacuation (financial, isolation, family breakdown,
- A lifetime of anxiety about exposure to radioactivity
- Being torn away from one's hometown and divisions caused between victims
- No prospect of being able to return home
- Costs of moving for evacuation
- Extra living costs caused by evacuation
'Admit the right to evacuate. Protect children's future!' Plaintiffs and
lawyers marching to the Kyoto District court.
Letter from joint representatives of the plaintiffs in The Damages Suit,
Yukimi Hagiwara and Atsuko Fukushima
On the 15th of March 2018, the first decision of the Kyoto trial was delivered in
beautiful spring sunshine.
Many people of the world are concerned with the judgement in our case.
The decision made the Government and TEPCO's responsibility clear. However,
three families' claims were rejected. Therefore, we have won partially.
Memories of our efforts over five years came to us and it brought tears
to our eyes.
Our right to evacuate was accepted, but for only two years. But the judge
showed that the assessment of losses was particular to each plaintiff.
The areas where we were accepted to evacuate from expanded to include Aizu,
Chiba, Ibaraki and Tochigi. However, we do not accept that the amount of
compensation for damages meets our losses.
Hundreds of people and the media gathered on the day of the judge's decision
at the court.
It is very important that our Kyoto trial, which lasted five years, was
finally recognised through strong relationships between the Kyoto plaintiffs,
lawyers, supporters and plaintiffs in different regions. The lawyers defeated
the Government and TEPCO's defence using a highly professional and technical
approach, with great attention to detail - and the plaintiffs spoke out
Our supporters have been helping with our trial and offering care and support.
We could feel that their thoughts were always with us. They queued for
public seats every day the case was in court, even though the examination
of witnesses happened three times in two months. They campaigned with us
in rough weather, collected signatures, and organised events so that we
could appeal directly to the public when we took action against stopping
With our fighting spirit all the plaintiffs will appeal to the Osaka High
Court for compensation for damages and to win evacuation rights.
We hope that you will keep walking with us until we win completely.
Public Meeting to Report the Judgement, Kyoto
Lawyers show the judgement to the audience outside the court.'The Government's
responsibility was accepted.'
On the day of the judgement, lead lawyer for the plaintiffs Mr Hiroshi
Kawanaka said 'government responsibility was recognised by the judgement.
If the Tokyo trial builds on our judgment tomorrow, government responsibility
will be established as a fact. Our judgement can be taken a step to drive
the government and TEPCO into a corner. We will try hard to win a permanent
The secretary-general of the plaintiff's lawyers group, Mr Yasuo Tanabe
said "We can't be pleased, because some plaintiffs were rejected.
However, it is important that the judge accepted the government's responsibility.
Firstly, the plaintiffs want to be confirmed in their decisions to evacuate
and to file a lawsuit. They urge the Government and TEPCO to positively
support them. The judgement was one more step to making this a reality.
The government should stop fighting this in court and apologise to the
Ms Fukushima, who is a representative of the Plaintiffs of the Damages
Suit, Kyoto, said, "The judgement admitted we have the right to not
be exposed to radiation. We want them to negotiate with us and apologise
Mrs Hagiwara, who is another representative, said "Not all plaintiffs'
cases were accepted, it was so depressing. But I am pleased that the right
to evacuate from some areas outside of Fukushima were admitted."