A district court in western Japan has ruled that some of the individuals who were just outside the government-designated zone of radiation exposure from the 1945 atomic bombing of Nagasaki should be officially recognized as hibakusha.
The Nagasaki District Court on Monday ordered Nagasaki City and Nagasaki Prefecture to recognize 15 of the 44 plaintiffs as hibakusha, or atomic bomb survivors, and issue them a hibakusha certificate.
Holders of the certificate can receive medical allowances for the treatment of cancer and other illnesses as well as other government support.
The plaintiffs were within the 12-kilometer radius of the hypocenter when the bomb exploded over the city on August 9, 1945, but were outside the government-designated zone.
Without recognition as hibakusha, survivors are only eligible for limited medical support.
The plaintiffs, residents of Nagasaki Prefecture, had been among some 550 who sought recognition as hibakusha in group lawsuits since 2007 but lost their cases. The 44 filed additional lawsuits against the city and the prefecture from 2018.
Presiding Judge Matsunaga Shinsuke on Monday ruled that many testimonies from a survey confirmed that so-called black rain, containing radioactive substances, fell within the 12-kilometer radius from the hypocenter.
Based on the direction and strength of winds at the time, he said it is evident that the rain fell in some parts of eastern Nagasaki City that are not included in the designated zone. He said this suggests a strong possibility that radioactive materials from the bomb fell in these areas.
The court ordered the city and prefecture to recognize the 15 plaintiffs that resided in these areas, including two who had passed away during the trial, as hibakusha and issue them hibakusha certificates.
It rejected the claims of the remaining plaintiffs that resided elsewhere, noting there is no evidence that radioactive material fell where they lived.
The ruling comes after Prime Minister Kishida Fumio’s first meeting with the leader of the plaintiffs and others on August 9, the 79th anniversary of the atomic bombing of Nagasaki during World War Two.
Kishida told them the government will study specific steps to settle the issue rationally.
The question is whether the latest ruling will lead to a review of the criteria for recognizing hibakusha.