Nobody could be allowed to measure the size and take photos of patients' external genitals without their permission in the name of medical doctor. But such a matter of course was broken by Mr. Hiroshi Kasai, Assistant Professor of Gynecology at Shiga University of Medical Science, which must be the highest classed hospital in Siga prefecture (He resigned this job in March 1996).
Mr. Kasai compiled photos of female patients' external genitals into the book as the summarization of his 30 years work and put advertisements in Japanese major newspapers. He has been selling this book "The External Genital of Japanese Women" since 1995 until now.
November 1995, we started the protest action which accused the author of using the photos without patients' permission and the human rights violation in medical service. Also we filed the book as the crime of "sales of obscene literature," and claimed stop of publishing, recalling the book, apology and taking the measures to avoid the same kind of crime.
The Civil Liberties Bureau of Ministry of Justice admitted this issue as the human rights violation and put its "charge" to the author on June 1996.
But the Ohtsu District Public Prosecutors Office judged this book had the fixed format of scholarly book and therefore could not be taken as the obscene literature. At the end of September 1997, the office decided not to prosecute the case.
We could not agree to this dealing, so submitted the written motion of application to the Committee for the Inquest of Prosecution, which reviews non-institution of prosecution by the Prosecutors Office. As a result of our persistent approach, the Committee admitted its hearing from our group in 25 July.
At the hearing, we reported the women's voices sent to our group and requested the understanding of members. Especially we put emphasis on how the author and publisher recognized that their behavior was close to illegal.
As the result, the Committee judged:
Emphasizing that the books have been sold only to the experts, the author and the publisher have sold to citizens nationwide.
They have sold the books to mass media such as the publishers, newspaper companies and TV stations. Such publicity had a big effect.
and adopted non-installation of prosecution as unfair. Now the Prosecutors Office, according to the decision of the committee, appointed the new prosecutor for this case and it is about to start the re-investigation.
The Committee for the Inquest of Prosecution is not popular, but it is consisted with ordinary citizens elected at random. I think their normal sense leaded this good result.
By the way, the photocopies of the book were judged as the obscene literature, and their seller was arrested. So the police says the original book is the scholarly book, but its photocopy is the obscene literature. I can't understand.
Though the publisher expressed in the magazines that they would not reprint it because it was distributed to most of the experts, the fact is that they reprint it and put advertisements in the nationwide newspapers as soon as the non-installation of prosecution was released by the Prosecutors Office.
It depends on how the social movements arise led by women whether the Prosecutors Office will prosecute the case and our demand, the stop of printing, recalling and apology will be conducted. Give us good ideas on the way of actions. Let's fight together for the safe medical service and establishment of informed consent.
As Ms.Inoue wrote above, the Prosecutor Office started the investigation again. But on 1 April 1999 it released the second decision which was nothing different with the initial one: non-installation of prosecution.
On 17 April 1996, the protest group applied the relief of human rights violation they suffered to the Human Rights Protection Committee of the Japanese Federation of Bar Associations (JFBA), accusing the author, the publisher and Shiga University of Medical Science. The committee performed its own investigation including the hearings from the accused,
The judgements of the Committee are as follows.
To the author: It is incredible that all of the people who had been concerned in obtaining the women's agreement have died as the author claims. There are some witness watched the author have taken photo of patients in the University hospital. So it is indeed that most of the photos in the book were taken from the patients at that hospital.
No evidence could be found which proves existence of patients' agreement in any document or even in the medical records. Therefore, it can not help but to conclude women's agreements was not obtained.
Shiga University of Medical Science launched the investigating committee on this issue in 25 September 1995. According to its report:
Some other staffs of the hospital witnessed Mr. Kasai had taken photos of his patients by his own camera. He also admitted this by himself. Though the photo were not attached on the medical records.
No staffs said Mr. Kasai obtained any consent from his patients, and this was also admitted by himself. But Mr. Kasai claimed that there were no relationship between photos in the book and patients of the hospital.
The University admonished Mr. Kasai on 16 January 1996 and asked him to submit the all photos, not to publish the report with the photo without consent anymore and to tell the publisher to limit the distribution of the book to medical experts. He accepted, but said all photos had been dumped.
As a result, 24 Feb. 2000, JFBA issued the warning letters to the author and the publisher asking them not to distribute the photos and books any more and requested the University to increase the education to avoid the same infringement. These conducts were followed by the action group's letters with same contents.
On April 1996, the group requested JCLU's support. JCLU held the open seminar on July 1996 and heard the reports from the group (see UP No.8). Then it organized its own investigation which brought two major questions- the existence of patients' consent and the purpose of the book. So JCLU addressed the questionnaire to the author, the publisher and the hospital to make these questions clear. The author's answer was same as the one to JFBA. However, the hospital mentioned in its answer to JCLU the photos were taken from the patients of the hospital without any permission.
The publisher did not answer. JCLU concluded non-existence of permission and the purpose of the book as obscene and on 6 September, released its statement condemning the author and the publisher.
The book, according to the Prosecutors office, was distributed 8,900 copies by September 1997. Free Press still continues its distribution and Mr. Kasai have not received any social sanction by now. Although the publisher claims distribution is limited, the book is circulated with ordinary citizen with high price. So this issue still continues though over 5 years have passed from the release of the book. And women's action protesting the book led by Ms. Inoue persists its effort until now.