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Monday, November 30, 1998 Published at 07:48 GMT


World: Asia-Pacific

Japanese court rejects Dutch PoW claim

Former Dutch PoWs Gerard Jungslager (left) and Barend Cohen

A Tokyo court has rejected a claim for compensation by eight former prisoners of war from the Netherlands against the Japanese Government.

The Dutch prisoners were forced into slave labour during World War II. One woman in the case had been forced to act as a prostitute for Japanese soldiers.

The judge said the court acknowledged that the plaintiffs had endured "abusive treatment and other sufferings ... while they were under detention, which amounted to violation of international law".

"But Japanese courts do not allow individuals who have suffered to demand damages from the state," he said.

Similar ruling

A similar ruling was made last week in a case brought by another group of former prisoners, several of them British.


[ image: PoWs were awarded £76 each in a 1951 settlement]
PoWs were awarded £76 each in a 1951 settlement
Like the Dutch veterans, they were each seeking $22,000 (£13,500) compensation for the suffering they endured in Japanese PoW camps.

In that ruling, the judge did not acknowledge the plaintiffs' ordeal.

One of the eight Dutch veterans, Gerard Jungslager, said the court's decision was "regrettable", and that they would be lodging an appeal.

But he said the recognition of their suffering by the court was "a first step in the right direction".

The Japanese Government contends that all compensation claims were settled under the San Francisco peace treaty of 1951

One of the lawyers representing the Dutch group, Takashi Miimi, said the ruling was the first such case in which a Japanese court admitted the troops' behaviour violated international law.



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