Criminal trial of Fukushima nuclear power plant to reach climax at high court on Feb. 9; adoption or rejection of on-site inspection and other measures key

Feb. 7, 2022
The trial to hold former executives of Tokyo Electric Power Company (TEPCO) criminally responsible for the accident at the Fukushima Daiichi Nuclear Power Plant is reaching a climax in the appeals court. The second trial, to be held at the Tokyo High Court on February 9 at 2:00 p.m., is expected to determine the future course of the trial, according to the designated lawyer acting as the prosecutor and a criminal litigation support group. The reason is that the presiding judge, Keisuke Hosoda, will decide whether to accept or reject (1) the on-site inspection at the nuclear power plant site and (2) the examination of three experts.

The court’s decision was based on the “common sense of citizens” that “it is only natural that a ‘high degree of caution’ should be imposed on the managers of nuclear power plants. (Photo: Masakazu Honda) In front of the Tokyo High Court on January 21, an “explanatory banner” was created based on the “common sense of citizens. (Photo by Masakazu Honda)

Since mid-January, a group of residents who have sued and accused TEPCO executives, criminal lawsuit supporters, and lawyers have held a series of press conferences and meetings to explain the current status of the trial, and on January 21, they submitted a list of signatures in front of the Tokyo High Court demanding a fair trial.

　There are about 30 class-action lawsuits across the country seeking damages from TEPCO and the government as civil liability for the Fukushima nuclear accident, with more than 12,000 plaintiffs in total. The total number of plaintiffs is over 12,000. Including individual lawsuits, there are more than 400 cases, but this is the only case in which criminal liability has been sought.

　In June 2012, the Fukushima Nuclear Power Plant Complaint Group filed a complaint against TEPCO executives and government officials. In June 2012, a group of Fukushima nuclear power plant complainants filed a complaint against TEPCO executives and government officials, and prosecutors repeatedly dropped the case. After the prosecutors’ panel twice voted that the case was worth prosecuting, former TEPCO chairman Tsunehisa Katsumata and former vice presidents Ichiro Takekuro and Sakae Mutoh were indicted for manslaughter, and their trial has been ongoing since June 2005. The prosecution alleged that the defendants failed to take protective measures and shut down the reactors when they could have foreseen the possibility of flooding of the buildings, loss of power supply, and explosion due to a tsunami exceeding 10 meters in height, which is the height of the site of the plant.

　The Tokyo District Court (presiding Judge Kenichi Nagabuchi) acquitted all three defendants in September 2007, but Yuichi Kaito, a lawyer with the Criminal Litigation Support Lawyers Association, and others pointed out the “biggest and most fundamental error” in the original verdict. The lawyers for the criminal case, including Yuichi Kaido, claimed that the “biggest and most fundamental error” in the original ruling was that the government’s Headquarters for Earthquake Research Promotion (SUIBON) stated that “there was no foreseeable possibility of a tsunami exceeding 10 meters” without properly judging the reliability of the “long-term assessment” released in July 2002. In response to the long-term assessment, which predicted that a tsunami earthquake of magnitude 8.2 could occur anywhere along the Japan Trench from off the coast of Sanriku to off the coast of Boso, the court only ruled whether the plant should be shut down, and did not examine the “foreseeability appropriate for imposing the obligation to avoid the consequences of building seawalls and making facilities watertight. The report criticizes the government for not examining the “foreseeability that is appropriate for imposing the obligation to avoid the consequences of building seawalls and making facilities watertight.

The designated attorneys reiterated the necessity of on-site inspections in the appeals court. It is obvious at the site that the facilities of the Fukushima Daiichi Nuclear Power Plant were built on the ground where a high quay was dug into the sea, and it is easy to understand where a tsunami barrier should have been installed and where watertight construction should have been carried out. It should be.

　Three witnesses have been called: Atsuo Watanabe, a former nuclear power plant design engineer at Toshiba Corporation, to provide additional evidence on the specifics of the measures taken to avoid the consequences of submerging the facility and their feasibility; Nobuo Hamada, a former director of the Earthquake and Volcano Division at the Japan Meteorological Agency, and Kunihiko Shimazaki, chairman of the Long-Term Assessment Department at SUIMOTO, to prove the reliability of the long-term assessment.

　Takashi Soeda, a science journalist, said, “There are many things that would have been buried in the dark without the criminal trial. (1) Based on surveys of past tsunami deposits, it was possible to predict a tsunami as large as the 869 Teikan earthquake, and Tohoku Electric Power Co. and other companies besides TEPCO had been working on tsunami countermeasures. (2) TEPCO and its employees agreed that a 15.7-meter tsunami was inevitable, but senior management prioritized avoiding management risk over avoiding accident risk and delayed tsunami countermeasures (3) In order to delay countermeasures, Sakae Muto asked the Japan Society of Civil Engineers (3) Mr. Sakae Muto had instructed the Japan Society of Civil Engineers to delay the countermeasures by stalling for time and laying the groundwork for experts to discuss the matter.

　One of the victims, Ruiko Muto, a resident of Tamura City, Fukushima Prefecture, said, “If the district court’s decision is confirmed as it is, it would be extremely unjust. Ten years have passed since the accident, and in Fukushima there is no justice at all. We must not leave this kind of society to future generations. I hope the court will show justice.
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