Japanese court rules PM's shrine visit 'unconstitutional'

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Last updated at: (Beijing Time) Wednesday, April 07, 2004

Japanese court rules PM's shrine visit 'unconstitutional'

A regional court ruled Wednesday that Prime Minster Junichiro Koizumi's visit to a war shrine violated Japan's constitution, local media reported.

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A Japanese district court on Wednesday ruled that Prime Minister Junichiro Koizumi's visits to a controversial war shrine violates the constitution.

The decision was handed down in a suit filed by 211 plaintiffs in the Kyushu region in west Japan who claimed the premier's visitto the Yasukuni Shrine on August 13 of 2001 violates the constitutional separation of state and religion.

In the first ruling of its kind on Koizumi's visits to the Shinto shrine, the Fukuoka District Court said the visit falls under religious activity that the state is banned from participating in under the Constitution.

"Despite persistent opposition from the public and even from the ruling Liberal Democratic Party, the premier visited the shrine, which is not necessarily an appropriate place to honor wardead, based on political motivations, according to the ruling.

The plaintiffs had sought 21.1 million yen -- or 100,000 yen (about 940 US dollars) each -- in damages from the government, citing the psychological suffering they experienced as a result ofthe premier's visit.

But the court rejected their demands for compensation, ruling it cannot say the visit violated their freedom of conscience.

Shortly after the ruling, Koizumi pledged to continue visiting Yasukuni Shrine. Koizumi was quoted by Kyodo News as saying that he thinks the ruling is "irrational" and "does not understand" whyhis visits there are unconstitutional.

Meanwhile, Tsuneaki Gunjima, leader of the plaintiffs' group, was quoted as saying, "It is the best ruling. Our request for compensation was rejected, but our purpose was achieved," suggesting they will not appeal.

Article 20 of Japan's Constitution stipulates the state and itsorganizations shall refrain from religious education or any other religious activities.

The suit said Koizumi had visited the shrine accompanied by hissecretaries, used an official car and signed the visitors' book as"Prime Minister Junichiro Koizumi".

The plaintiffs described Koizumi's visit as an unconstitutionalreligious activity since he paid homage to the shrine and took part in a Shinto ceremony there.

But the government argued that there was no cabinet decision onthe visit and that it was not made in his official capacity as prime minister.

The shrine honors 14 convicted World War II Class-A war criminals along with the war dead. Koizumi has visited Yasukuni Shrine every year since August 2001. His latest visit was on Jan. 1 this year.

Similar lawsuits have been filed at five other district courts across Japan -- Tokyo, Chiba, Naha, Osaka and Matsuyama.

The Matsuyama and Osaka district courts rejected the plaintiffs' demands and did not make a constitutional judgment on the visit.The plaintiffs have appealed.

Source: agencies

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