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Lawsuit against Japan Part II 


The Comfort Women system carried out by the Japanese army during World War II was the ugliest, filthiest, darkest sexual slave system in the history of the 20th century. Enslaved by this system, about 200,000 Chinese women suffered devastation. Only some 200 of these victims can be verified through historical records. Many of these old people, for various reasons, are still trembling in the shadows of history. But there are also some brave Chinese women taking up the weapon of the law to win back their self-respect and to claim compensation.

Kang Jian is director of Beijing Fangyuan Law Office. During the past eight years, he has taken part in civil lawsuits against Japan foregoing compensation and took the lead in carrying out the investigation and obtaining of evidence in China. He even appeared in the Japanese courts several times in the company of the Chinese victims.

Kang Jian, Director of Fangyuan Law Office, Beijing, said, "All the lawsuits were heard in Tokyo District Court. A total of four lawsuits were put forward by Chinese from the mainland."

Liu Mianhuan, who lives in Yu County of Shanxi Province, was among the 4 plaintiffs of the first comfort women lawsuit.

Liu Mianhuan, Former Comfort Woman said, "I brought a lawsuit against them to make them accept the fact that Japanese bullied us. A group of five came first, and then another two followed. I was raped by them. When I think of that, I want to cry. It was very painful."

More than 40 days of devastating torture made Liu severely ill. She was near death when she was taken home.

The system of Comfort Women was carried out by the Japanese invaders with an organized network around China. The comfort stations totaled over one thousand in 21 Chinese provinces. About 200,000 Chinese women fell victims of this heinous crime. Apart from Liu Huanmian, there was much more suffering from the unforgettable misery.

Wan Aihua, an old lady living in Taiyuan city in Shanxi province, also fell victim to Japanese invaders.

Wan Aihua, Former Comfort Woman, said, "Who is willing to be a comfort woman? No one! We had no choice. The Japanese soldiers were not humans; they were beasts."

Zhao Runmei, who was just 18 years old during the Japanese invasion, was forced to be a comfort woman in a Japanese blockhouse. She said, "I have two brothers. They took me back with a stretcher. My private part was swelling and ran with pus. My sister waited on me for half a year for me to recover."

These shameful experiences of the former comfort women brought lasting pain into their lives.

Liu Mianhuan, Former Comfort Woman, said, "I was tortured all my life."

Zhao also said, "I could not give birth, so my former husband did not want me. And I divorced."

And Wang said, "Since then, I was no longer a woman in the real sense. I was totally changed. If you don't believe me, you can come to the hospital when I go for a check-up."

On August 7, 1995, Liu Mianhua and three other Chinese women from Yu County, Shanxi Province lodged an appeal with the local Tokyo court for their claims against the Japanese government.

Kang Jian, Director of Fangyuan Law Office, said, "They are suspicious of the existence of the Chinese victims. They don't know about the Japanese invasion in the war against China. For most Japanese, they are not familiar with this aspect of history, what the Japanese invaders have done in the past. The Chinese and Japanese have big gaps in understanding of the war."

Although the Chinese women's appeal was rejected on the grounds that individuals have no right to make a claim against a country, the former victims' appearance in Japan and the statement in court helped to some extent to make the history known to many Japanese who had had no knowledge at all of these matters.

Kang also said, "Victims stand up to tell about their stories. Their experiences are so miserable that they cannot be invented. Many Japanese are shocked by their stories and thus began to know about the past. Their opinions will gradually influence Japanese legislators."

Last March, the local Tokyo court made its verdict on the second lawsuit by former Chinese comfort women.

Kang Jian said, "That verdict marked a major step forward. It admitted all the facts. Particularly, it acknowledged the timespan of Japan's invasion that started on Sept. 18th, 1931. It also confirmed Japan's occupation of Yu country in Shanxi province. The verdict accepted the facts that the victims were captured by force and were raped by Japanese soldiers. Another important point is that the verdict admits that the victims have suffered from their wartime trauma that has lasted till now."

The lawsuits filed by the brave Chinese women against Japan are considered a victory in terms of the message it sent and the effect on the whole legal process related to the Japanese invasion of China. The Japanese court has made some changes in its attitude based on the accumulated knowledge of this history. The legal action of Liu Mianhuan paved the way for new and successful endeavors to protect the rights of Chinese victims.

82-year-old Li Xiuying is a survivor of the Nanjing Massacre. In December 1937, to resist the atrocity by the Japanese soldiers, she was stabbed for more than 30 times and her 7-month-old fetus was forcibly aborted. In 1946 when Japanese war criminals started to be put on trial, she began to appear in different courts to give testimony, including the court hearings held in Japan. However, in December 1998, a book challenging the historicity of the Najing Massacre was published in Japan. And the story of Li Xiuying was also questioned. This event angered Li Xiuying and all Chinese people.

Li Xiuying, Survivor of Nanjing massacre, said, "You still insist that I lied. It hurt me too much. You harmed me in the war and then hurt me again now. I feel more painful this time, because they refused to admit the crimes they committed against me. I was deeply offended and I wouldn't give in."

With the volunteer of help from some Japanese lawyers, Li Xiuying filed a lawsuit in the local Tokyo court against the author of the above-mentioned book and its publishing house. During the court hearing, Li Xiuying presented the diary of an American doctor Welson, who worked as a member of the Red Cross's Nanjing branch and treated her after she was severely stabbed. In addition, a documentary recorded by then Chairman of the Nanjing Red Cross, Dr. Major, was shown the court. In the old footage, scenes of Li Xiuying suffering critical injuries and receiving treatment were clearly seen. And the miserable situation after the occupation of Najing by the Japanese invaders was also recorded. Based on such undeniable evidence, the Japanese court made its ruling in favor of Li Xiuying on May 10, 2002. It was a victory not only for Li Xiuying, but also for all the Chinese victims. In the face of history, no one can afford to deny the true facts.

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