The judgment was rendered at the state
compensation suit for Mr. Suraj’s in Tokyo High Court on January 18, 2016. This
time, admission tickets were distributed and the public gallery was full.
The chief judge gave judgment that the
original judgment should be reversed and the claim by the plaintiff at the
first trial should be dismissed.
The reasons for the judgment were as
follows:
At the process of Mr. Suraj’s death, he had
already fainted before his body was forced to bend forward, which fact the
plaintiff saw as a problem.
As for the cause of his death, there are no
clear findings that imply suffocation, and on the contrary, the CTAVN had
become significantly big in Mr. Suraj’s heart, which must have affected his
health. As the diagnosis the six doctors (who were appointed by the defendant)
gave, the cause of death was fatal arrhythmia caused by the CTAVN.
As for the illegality against the State
Redress Law, the restraining acts by the officials were reasonable, and even if
the stress given by the restraining acts caused the CTAVN disorders, the
officials couldn’t have predicted it. Therefore, the restraining act was not
illegal.
As regards the responsibility for the emergency
treatment, a death by the CTAVN cannot be saved by AEDs, so even if the
officials neglected the responsibility, there have been no casual relations
with Mr. Suraj’s death.
As mentioned above, the rulings we have won
in the District Court were all reversed, and based on the written documents by
the famous doctors who were requested by the state regardless to expense (some
of them didn’t even know the name of CTAVN exactly), the High Court judged that
Mr. Suraj had already died before the officials restrained him for a rare
disease called CTAVN, and it was impossible for the officials to predict it and
it was also difficult to save his life, so they have no fault.
Protests from the public gallery were heard
even after the court was dismissed, like: “We didn’t come here to hear such
judgment!”, “I can’t believe such a judgment!”, “What an inhuman judgment!”
The above was just a quick report.
