Why Tansa is Suing the State Over the “Non-Existence” of State Funeral Documents
2024.10.16 12:32 Makoto Watanabe
Tansa filed a lawsuit against the state on September 30, 2024, seeking to overturn the decision of the “non-existence” of state funeral documents.
Why was the state funeral of former Prime Minister Shinzo Abe approved by cabinet decision without consulting the Diet? In July 2022, Tansa requested the records of discussions between the Prime Minister’s Office and the Cabinet Legislation Bureau under the Freedom of Information Act, but was denied disclosure. The reason given was that “the records were not kept” and “they had already been thrown away.”
Following that, we submitted an examination request in an attempt to overturn the ruling, but the outcome, which came out in June 2024, remained unchanged.
Article 1 of the Freedom of Information Act states the purpose of the law as follows:
The purpose of this Act is, in accordance with the principle of sovereignty of the people, and by providing for the right to request the disclosure of administrative documents, etc., to endeavor towards greater disclosure of information held by administrative organs thereby ensuring to achieve accountability of the Government to the citizens for its various activities, and to contribute to the promotion of a fair and democratic administration that is subject to the citizens’ appropriate understanding and criticism.
As for holding a state funeral, while the public was divided on the issue, Prime Minister Fumio Kishida explained that he had “thoroughly coordinated with the Cabinet Legislation Bureau.” It is infeasible that the government did not preserve the records of those crucial discussions and discard them. It is hiding the fact by claiming that there are “no records.”
This goes against both the “accountability to the citizens” and “fair and democratic administration that is subject to the citizens’ appropriate understanding and criticism” as stated in Article 1 of the law.
The foundation of democracy is keeping records and making them available for review by all members of society. Article 3 of the Freedom of Information Act additionally states that “any person may request” regarding those with the right to disclosure. It is a system that welcomes anyone who wants to help improve Japanese society, regardless of citizenship or age.
It is not our intention to question the merits of state funerals; rather, we want to put the brakes on dysfunction in democracy. This is because, in recent years, the government has widely concealed and falsified public documents, in addition to state funeral paperwork.
The 19th century German poet and journalist Heinrich Heine warned:
“Where they burn books, they will, in the end, burn people too.”
As a matter of fact, the Nazis in the 20th century gathered and burned any books that they deemed to be “against the German spirit.” They burned Heine’s books as well.
If things continue as they are, the day will come when Japanese public documents will not only be concealed but also burned. Furthermore, the day may come when burning public records will simply not be enough.
Regardless of their beliefs, we sincerely hope that everyone who values democracy will support this trial.
September 29, 2024
Tokyo Investigative Newsroom Tansa
Illustration by qnel
(Originally published in Japanese on September 29, 2024. Translation by Mana Shibata.)
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