The JCLU held a regular lecture meeting on March 6, 1999. The theme was the Mito Incident, a new JCLU support case. Attorney In Yuki, one of the counsel for the plaintiffs, reports on the meeting.
A cardboard company in Mito City which had been renowned for its welfare-oriented employment, was found to have fraudulently received the welfare employment subsidy. Furthermore, the president of the company had abused and maltreated his employees intellectual disability. Female employees further sustained sexual violence.
A damage lawsuit has been pending, in which the method of hearings and other court procedures must be reviewed and newly explored in order to secure fair trial for people with intellectual disability.
Mr. Masaharu Nishimura, chief counsel, pointed out that the basic cause of the Mito incident is the social structure in which people with intellectual disability are taken advantage of.
The incident was aggravated as abuse and maltreatment continued quite a long period of time. Some parents of employees appeared to have noticed the violence. But it never ended until one supporter ventured into the company to rescue victims.
People with intellectual disability have extreme difficulties in finding a job when they are eager for it, and their parents are greatly worried how their children would make a living after they died. To these parents, people like the defendant in this case who employ a number of handicapped people could appear to be almost like a savior.
Administrative institutions such as school and welfare office were in a weaker position as they would ask a favor of companies to employ handicapped children. Monitoring of companies was entirely insufficient due to the lack of technical knowledge of officers in charge and the shortage of personnel itself. In fact, victims have directly consulted related administrative offices to complain about the defendant, but in neither case they were taken seriously. Mr. Nishimura also pointed out the extremely cruel personality of the defendant.
In order to secure the right to trial for people intellectual disability, it is important to have the court accept the presence of an attendant who can translate their testimony.
Ms. Yoko Chihara, counsel member, thanked the JCLU for its support to the case and said that she was motivated to join the counsel by hearing the appalling violence that victims testified at a meeting, and also touched by courageous statements that they made there.
She also referred to a criminal lawsuit that is filed against supporters of victims and criticized unreasonable treatment that they had.
Among three female plaintiffs that attended the meeting, one made a speech for about ten minutes, with an emphasis that she was determined to carry on the lawsuit. While the other two plaintiffs shied away and did not make a speech, the audience applauded them for their courage to come out for a lawsuit and attend a public meeting.
From the floor, JCLU member lawyers raised comments and questions. While one suggested that the testimony of plaintiffs be strengthened by that of news reporters who had interviewed them and released articles before the lawsuit, the other doubted if the reporters would accept to testify in court as they have a duty of confidentiality about the news sources.
The regular meeting was closed with a request for understanding for this case and more JCLU member lawyers join the counsel.