Residents lose again in the appeal court

Lawsuit against the National Institute of Infectious Diseases

Residents Lose Again in the Appeal Court

Tokyo High Court requests the institute to disclose the information on its actual situation and experiments

The Tokyo High Court rejected residents' claim on Sep. 29, upholding a lower court ruling, in the lawsuit in which nearby 163 residents sought a court order for the government to halt the experiments with dangerous pathogens by the National Institute of Infectious Diseases (NIID) located in the Toyama district in Shinjuku Ward of Tokyo. Presiding Judge Satoshi Oto pointed out, "Leakage of pathogens cannot be recognized as causing a concrete danger of infecting residents or others."

But he added, "NIID needs to disclose of the information on its actual situation and obtain the understanding and cooperation of the residents and others," based on the reality that the institute has not disclosed sufficient information to nearby residents so far.

The residents sought an injunction against (ⅰ) the custody and research of pathogens by NIID, (ⅱ) its experiments with recombinant DNA and (ⅲ) its exhaust air and waste water, saying, "We are obliged to live in daily fear and having our personal rights invaded because we have some doubts about the safety of the institute," according to the ruling.

The ruling first judged that the danger of the institute “remains confined to an abstract and general danger," and then concluded, "Its danger stays within the tolerable limit."

However, it made a special demand upon the institute saying, "NIID should formulate thoroughgoing safety measures so that dangers will not absolutely occur," based on the consideration that once damage occurs, it will be irredeemable.

This lawsuit was led by the late emeritus Hiroshima University professor Shingo Shibata acting as representative of the plaintiffs, who had been involved in the anti-nuclear campaign and the effort to pursue the responsibility for AIDS caused by contaminated blood products. And nearby residents and persons related to Waseda University have joined him in 19 counts of a lawsuit which has continued from 1989 to 2000. The lawyer Shuichi Shimada representing the residents said, "It's a great pity, but I think we will appeal."

(The evening edition of Mainich Shimbun on Sep. 29, 2003. It is one of the three major nationwide newspapers in Japan)