Decision against Night Practice

Yokohama Regional Court on Wednesday made an epoch making decision, affecting a number of lawsuits against noises from airbases. It admitted negative impact on health and psychological pain of residents around Atsugi Air Base stemmed from noise of fighter jet practices, and ordered Ministry of Defense to stop night practice between 10 p.m. and 6 a.m. While the decision can reduce only 0.4% of all practices, it for the first time stepped into denial of actual practice, not only compensation for sufferings.

The decision realized that demand of stopping practices would stood as a lawsuit against government, because the action could be recognized as execution of governmental power. Then it found the execution had serious impact on lives of the residents around. “Accusers has been suffering from sleeplessness, disturbance on conversation, telephone talks, TV watching, reading and study, and from psychological pain of uneasiness for health by noises of practices,” told the decision. It also ordered the government to pay ¥7 billion for compensation.

The judgment, however, denied ruling power of Japanese government over operation of United States Air Force using Astugi Base. But it had avoided stopping practices of U.S. Air Force, which had been causing most of noises in Atsugi. It still is difficult for the residents to overcome the Status of Forces Agreement, which determined Japan’s duty for stationing of U.S. Forces.

For accusers against noises from other bases, the decision was worth encouraging. Other lawsuits include Kadena and Futenma Air Base in Okinawa, Yokota in Tokyo, Iwakuni in Yamaguchi, and Komatsu in Ishikawa. Most of them are related to operations of U.S. Force. While it could not necessarily be leading to stopping practices of U.S. Force, the decision should work as a pressure to strictly abide by practice plan to reduce the impact.

This can be recognized as current tendency of judicial decisions that acknowledge people’s right to escape from sufferings caused by executive power. Accepting criticisms about weak judicial power against executive branch, new legislature in 2004 acknowledged a right to stop governmental execution, when it would cause significant harm on people’s life.

Ministry of Defense was just surprised. Minister of Defense, Itsunori Onodera, released a comment that regretted not being heard the ministry’s opinion and criticized the decision as unacceptable. Some in Abe administration are worried about an impact on Prime Minister’s appeal of contribution of Self-defense Force for Japan’s safety. Others even recognize the decision against Japanese Self-defense Force as sacrifice of U.S. Force. Joint operation between Japan and U.S. Force may be having difficult time.