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STATEMENTS OF KOKURO MEMBERS (1)
- At Court on "27/May Suppression" at KOKURO Provisional Conference
- Fighting Against "Violent Actions Punishment Act" Oppression on Trade Union

STATEMENT BY Hiromi MATSUZAKI
REFERENCE: Chronology of JNR workers' fight

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STATEMENT BY Hiromi MATSUZAKI
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Mr. Hiromi Matsuzaki is a member of KOKURO (Japan National Railway trade union)'s dispute body in Kokura area, Kyushu region. He is also a defendant leader of this case.
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1. We are not guilty. I impeach the injustice oppression by the authority.
2. The 4 Parties' Agreement is an intervention to our union activity
3. The leafleting activity we did on the 27/May was rightful union activity
4. The fight against 4 Parties' Agreement & deterioration of Kokuro Head Office
5. 16 years' fight of my family and me who got sacked by the government and JR
6. They have to set all of us free immediately.
7. Closing: We the defendants WILL win the not guilty.
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Let me state my opinion on this violation against "Violence and Other Actions Punishment Act" case.

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1. We are not guilty. I impeach the injustice oppression by the authority.
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At the very beginning of my statement, there is one thing I want to appeal to your honour. I am not guilty. The other 7 defendants are not guilty either.

In the morning of the 27th May 2002, we, the Kokuro members, went to the Hotel at Kanda where the people of Kokuro Head Office faction stayed. We leafleted and tried to convince them in front of the hotel at that day. But we did nothing at all the actions that violated "Violence and Other Actions Punishment Act". There was no way the fact that the prosecutors described. The leafleting and convincing activities we did were completely rightful union activities.

First, I want to state on my stand point as a member of Kokuro railway trade union.

I was sacked 16 years ago just because I was a member of Kokuro, in the process of Japan National Railway's Division & Privatization which was done by the Japan government to crush Kokuro union.

It was 1968 when I got a railway job and started to work at JNR. Since then, nearly 30 years, I managed to keep working while being ordered to shift again and again, and while my work places were "rationalized" and were demolished.

I joined Kokuro when I got a job because I trusted it and regarded it as the most militant trade union to fight for workers rights. Since then, I consistently acted as a Kokuro union member. At the time of JNR Division & Privatization, I thought that Kokuro's "Against Division, Against Privatization" policy was right, and I followed the union's fighting policies.

I cannot accept their way to sack us just because we are members of Kokuro which was against Division & Privatization (D&P). Employed or unemployed, all depends on which trade union are you belonged to. This is a naked Unfair Labour Practice, and so, everyone could understand it. Regional Labour Committees, which are administration bodies, admitted all the cases Kokuro sued as unjust Labour Activities, and ordered the new Japan Railway companies to reemploy them.

Kokuro fought back with all its force against these Unfair Labour Practices by state. We, the dismissed, soon formed 36 dispute bodies in total at Kyushu and Hokkaido regions. We started collecting through products sales from 1990 with the slogan of "Withdraw the unjust dismissal! Regain the right place and right job!" Ken HABIRO, another defendant, and I belonged to the same Kokura area dispute body in Kita-Kyushu and progressed together.

During 16 years, since the sack in 1987, I have adhered to one sole idea which is: I haven't done anything wrong, and I will make them admit it was Unfair Labour Practice and regaining my original job.

I used to believe that Kokuro Head Office, who directed the Anti-D&P Struggle, would keep fighting "Withdraw Dismissal" fight as a vanguard of workers. And what has happened!? The Head Office ended up surrendering completely. I mean, they got submissive to the government and accept "Four Parties Agreement", and forced to make a union decision to accept the line: "Japan Railway (privatized JNR) has no legal responsibility" at its conference on January 2001.

This Kokuro's submission to the Four Parties' Agreement had much more shocking impact, for me, than even the dismissals 14 years ago. Kokuro Head Office, who are our companies and leaders, denied our 14-years survival and struggle. They declared that: JR companies have no legal liability. Your action to accuse and blame the Unfair Labour Practices by JR companies is wrong. You are expelled from the union.

If JR companies have no responsibility to the dismissal, whoever on the earth did sack us? How can we accept such an illogical manoeuvre? How can I explain to my family who survived the same difficulty together?

We, the fighting body who cannot accept the Head Office's policy, stand up to accuse JR and the government. We started "Railway Construction Public Corporation Suit", and various District Labour Relations Commission Suits. I pleaded at Fukuoka Prefecture District Labour Relations Commission, and applied to the 2nd defendant of the RCPC Suit.

I could not be silent, when I heard that Kokuro Head Office tried to hold the provisional conference on 27/May and to decide the expel discipline on the fighting body and its supporter,

On the morning of the conference, I went to the convincing and leafleting activity to the Head Office members with all my 15 years fight.

I tried to hand them a leaflet which says "Smash the ruling three parties' agreement! Refuse the way to slavery!" made by Kokuro Supporters National Council, and asked them to withdraw the conference bill. But they did not listen to us at all, pushed us away as a troop, and got on a bus.

I felt chagrin and could not believe my eyes. I shouted asked at them: "Stop expelling the fighting body! Do you submit yourself to the government and hold the conference!? Where is your pride as Kokuro!?"

The prosecutors proclaimed that we assaulted the members of Head Office faction in their indictment, but there was no such a fact. In reality, they were 5 times or 6 times more than us. It was them who turned on us. I thoroughly impeach the state power = police authority who twisted the fact, intervened our rightful union activities and oppressed us unlawfully.

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2. The 4 Parties' Agreement is an intervention to our union activity
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Yasuhiro Nakasone, the then prime minister who forced the D&P, later said on "AERA" magazine in 1996: "I wanted to scrap the Sohyo (National Trade Union Centre). And in order to scrap it, I did the D&P of JNR. I thought Kokuro's fall would trigger the Sohyo's fall as well." This Nakasone's remark tells their political intention for D&P quite frankly. We were sacked, in the middle of the government's attack to disband Sohyo and Kokuro.

In order to execute this political aim, JNR authority established "Human Resource Utilization Centre" on July/1986, and they excluded Kokuro union members from their original jobs, and sent us into the HRU Centre. They intensified their threat to the Kokuro members to secede from the union.

I cannot forget the day of the 16th of February in 1987. Our 7630 companies who worked at JNR were shifted into the "Settlement Corporation". That was the first dismissal. The government had supplementary resolution in its Diet session and said "We will not turn them adrift", but they did.

On the 31 March 1990, 1047 JNR workers in all regions including Ken and I were refused employment even by the Settlement Corporation. This was the 2nd dismissal.

Kokuro said: This refusal has been oriented from the union discrimination because Kokuro opposed the JNR D&P, and thus, this is the Unfair Labour Practice by the state. Kokuro asked the salvation at each District Labour Relations Commission to regain the job at original area. The District Labour Relations Commissions gave orders and said: "JR has legislative responsibility. JR has to employ the dismissed workers." But the government, the Transport Ministry, did not direct the JR companies to fulfil this order, and even now, the 1047 people have been dismissed.

Come to think of this, the meaning of the Tokyo District Court's reactionary judgement on 28 May 1998, was really grave. JR has taken over all the entity from JNR. It is obvious that JNR and JR are identical in substance. Tokyo District Court, however, gave unjust and reactionary judgement, rigidly applied the "JNR Reformation Act" and cancelled the Central Labour Relations Commission's order which said: "JR has legislative responsibility and has to employ the dismissed workers."

This reactionary judgement on 28/May was quite a shock, especially to Kokuro Head Office and members who expected victory judgement. Their idea and heart were almost crushed. The government and the ruling Liberal Democratic Party (LDP) attacked heavily this weakness of Kokuro Head Office and asked their submission.

The following morning of the judgement, Fujii, the then Transportation Minister, presented "4 items" to Kokuro and ask to have an organizational decision to affirm JNR Reform. And the 3/June, Yamazaki, then LDP's Political Coordination section chairman, presented "3 conditions" to Kokuro in exchange with asking JR companies to accept compromise, which are: (1) No appeal to judgement, (2) Try to gain other unions' understanding, (3) Have an organizational decision to accept JNR reform. They threaten Kokuro to change its line.

In response to this, Kokuro Head Office held the Provisional Conference on 18/March 1999. They asked police to dispatch its riot police to "defend" the conference, actually suppressed the opposition, and had organizational decision to approve "JNR Reform Act".

But the Transport Ministry did not get satisfied with the approval to just "JNR Reform Act". They published a document (which is called TM memo) on "the conversation among Kokuro and JR companies" on 10/June 1999 which says: "This is humanitarian solution. If Kokuro accepts several conditions like (1) JR has no responsibility, (2) The unemployment problem is the problem of new workers, not dismissed ones, (3) Kokuro withdraws the suits they have, Transport Ministry asks JR companies to sit at negotiation table." This was an open intervention in the union politics, attacking the back broken Head Office members.

One of the important fact and background of our criminal court is the Four Parties Agreement (LDP, Komei religious Party, Conservative Party, and Social Democratic Party) on "the solution for JR unemployment problem" on 30/May 2000. This Agreement came from the TM memo.

The "Agreement" asked Kokuro at "its Provisional Conference" to decide "No legislative responsibility of JR companies" and even to withdraw the suits. If Kokuro accepts the agreement, it says, LDP asks JR companies the solution and settlement money, but it does not assure the result. It asked Kokuro its total surrender.

It was LDP who forced JNR's Division & Privatization and sacked the workers. And now this same Party has set the 4 Parties' Agreement, the hideous attack against Kokuro, has won the SDP over to their side, has disguised it as if "humanitarian solution" and as if they were a disinterested party to this case, has openly intruded themselves on Kokuro's trade union politics (again), and has urged Kokuro to "interpret the state' Unfair Labour Practice as nothing", and "give up the fight".

The essence of the Four Parties Agreement is that JR companies and the Transport ministry have unlawfully neglected the orders of Labour Committee in favour of the unions, and have threatened Kokuro to "stop blaming the Unfair Labour Practice". This is new Unfair Labour Practice itself and they demand Kokuro to convert and to have official conference in order to accept the dismissals.

Such an Agreement cannot be, ever, accepted by the 1047, those who were sacked. But Kokuro Head Office accepted this Agreement WITHOUT ANY asking us, the people concerned the fighting body and the family.

It has been 30 years since I started to work at JNR and joined Kokuro, and I have done the union activities from my youth member days, but I have never ever heard something like "humanitarian solution" of labour disputes. What they call "the solution" actually means: You should be sacked as you were against the state's policy, but if you apologize, we may forgive you and think about reemployment"!

We, the fighting body, are "the living witnesses" who have experienced Nakasone's "General Closing of Post-War Politics" Attack, the centre of which is: (1) Disband of Kokuro, (2) Dissolution of Sohyo, the then national centre of trade unions, and (3) Creation of one right-wing Rengo national union centre. They want to make us, the witnesses, to say: There was no Unfair Labour Practice. Unforgivable!

Any attacks, however, cannot erase the fact that we were sacked by the state' politics which name is JNR Division & Privatization.

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3. The leafleting activity we did on the 27/May was rightful union activity
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The Kokuro's provisional national conference on the 27th of May 2002 was tremendously important to its members, especially, fighting body members.

Thu ruling three parties publicized what's called "the ruling 3 parties declaration" on 26 April 2002 which demands Kokuro Head Office to hold provisional conference up until the end of May in order to expel the members of fighting body who were unlawfully sacked at the time of the D&V, and to withdraw the lawsuit at the supreme court.

The Kokuro Head Office accepted the "Declaration" and decided at the beginning of May to hold the provisional conference. They gave a notification of the conference just 11 days beforehand, showed no concrete bill, and organized no debates at workplaces. I was actually astonished to see poor and thin conference bill which is just one sheet of folded B4 size paper. They had none other than acceptance of the Ruling Three Parties' Declaration.

They requested again the riot police to "protect" the conference. I also heard that they wanted to restrict the number for hearing. These reactionaries were not acceptable for me, a member of fighting body, and for Kokuro members who has kept fighting against union discriminations with fighting body as well, and also supporters and companies of joint struggle organization who have fought this struggle as their own.

Kokuro's colleagues of mine at Tokyo, Chiba, Niigata, Akita, Osaka, Tottori and I made a plea at the District Labour Relations Commission (DLRC), Fukuoka prefecture and claimed that: Four Parties Agreement is State' Unfair Labour Practice. Fukuoka DLRC adopted Mr. Akira Amari, the chairperson of the Four Parties Talk as a witness on 22 April. The Fukuoka DLRC has also decided to interrogate him on 9 September. Chiba DLRC adopted him as witness on February. Mr. Amari was angry at this, showed his displeasure and asked Kokuro Head Office: "What do you think that your members made pleas at DLRCs and I have been summoned to come as witness?"

We have heard already that Head Office was about to discipline and punish the plaintiffs of Tekken Kodan lawsuit (lawsuit against Railway Construction Public Corporation), and we could feel that the plaintiffs of Labour Committee will be disciplined as well. I was preparing, at the time, to be a plaintiff of Tekken Kodan lawsuit, and I felt this pressure really severely.

I needed to come to Tokyo and the conference on 27 May, and to see Kokuro union's executives directly and convince them. Thus, I came to Tokyo Green Hotel Ochanomizu where Kokuro Head Office stayed, in the morning of the conference. The fighting body has already done this kind of leafleting and convincing activities to conference accommodation before. It was not the first but the 2nd time for me.

Some companies of Kokuro went to Ikebukuro's hotel, another conference accommodation, and Nagata primary school where conference participants gathered at the same date, and did leafing and convincing activity just like we did.

After the conference on 27 January 2001, riot police came and surrounded conference place. Executives, representatives and security grads stayed at accommodation one day beforehand and went straight to the conference place with chartered bus. The only option for us to do leaflet and convince was to go to the accommodation.

It was different before, of course. We used to talked, asked and leafleted participants just around the conference place. But since the riot police started to come, it became impossible to do what we used to do.

The short time range that the participants walked out of their accommodation to get into the bus was our only chance to get in touch with them and to tell them directly how much we were against the Four Parties Agreement.

We appealed and said: "No Expel to the Fighting Body Members!", "Stop the Introduction of Riot Police". We also tried to hand our leaflets to the Head Office faction members, but almost of them did not take the leaflet. They shoved us and got into the bus. Their action seemed to be so organized and I doubted that they must have discussed and decided: "Not to receive the leaflets, to ignore the debate and chat, to keep walking not stopping, and to rush into the bus". After getting on the bus, they even meddled some of our members who sanded near the door of the bus. They pushed the shoulders and pulled the clothes of our companies.
We continued shouting and try to convince them: "Don't behave at LDP's feet! Stop this conference!", "Why have you asked the riot police to come!? This should be a union of workers, not of police!", "Stop talking to police and turn your face to us! Talk to us!" Again, the Head Office faction got in touch with police officers from the Special Branch of the metropolitan police department, and they departed the bus protected by police force.

We, soon, recognized that they had a camcorder to film in front of the hotel in the morning. We are now sure that they had discussed about this beforehand.

Unlike the prosecutor's claim, there was no "violence against Head Office faction" in our activities at the day.

After the leafleting and convincing activity at the morning, we went to the front of Socio-Culture Hall, the conference place, and joined the protest organized by the fighting body and Kokuro members who are against Four Parties' Agreement. At noon, we visited LDP Head Office building and Mr. Amari's office at the House of Representatives. We demanded that he reports to the District Labour Relations Commission as a witness. We went back to Socio-Culture Hall, and joined the rally to its end at night.

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4. The fight against 4 Parties' Agreement & deterioration of Kokuro Head Office
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When Kokuro Head Office tried to accept Four Parties Agreement, members of fighting body and their families started harsh and intense criticism and demanded to stop that position to the Agreement.

You can tell the size of the protest with seeing more than 230 letters to Head Office from regional branches, affiliates, locals, family members' body, and joint struggle supporters. You can also see the intensity of Kokuro members' anger in the passed several national conferences.

The provisional conference on 1 July 2000 was started 5 hours later than it was set. And at the finally starting conference, Head Office ignored the voices of representatives, observers, fighting body and their families. A woman in family members' body appealed: "How come you could have decided on Four Parties' Agreement without talking to us? You have no right to decide and change our lives!" Despite of these appeals, Kokuro Head Office tried to force the vote. It triggered harsh criticism and opponents occupied the platform to prevent the vote. The conference was adjourned.

After this conference, Takahashi, the then chairman came to Kyushu. He apologised for the chaotic status at the 1/July conference, and gave us a promise not to hold next conference until having a proper solution. But this promise was broken soon, and continuing conference was held on 26 August.

At every national conference later than that, they had to face the fiery rage of opponents, their intention failed to be achieved.

The Head Office faction spread demagoguery which said: "If we accept the Agreement, we could receive hundreds thousand pounds worth solution money", "The Four Parties' Agreement is the only solution". And Head Office asked riot police each time, restricted the number of observer participations, expel media, and tried to shut out opposition by its force. Its typical case was the continual conference (the 67th) on January 2001. There were 1000 riot police surrounded the Socio-Cultural Hall, the conference place, and they made barricade in front of it. Observers and media were restricted. Every passage in the Hall was occupied by the defence troops of Head Office faction. We called it as "the conference under the martial law", but it was not an exaggeration at all. Kokuro Head Office used police force to suppress the opposition and the police authority started to intervene union politics almost openly.

Kokuro had 10 national conferences in the 3 years and 8 months process from provisional conference on 18/March 1999 to regular conference on November 2002. They had no police at just 3 conferences out of 10. After the continual conference on January 2001, they have had riot police force 5 times in a row. This accomplished fact of introducing riot police means that Kokuro Head Office, using some Head Office faction in its Tokyo region where they have had those conferences as vanguard, deteriorated Kokuro movement to what we criticize "police trade union movement".

At the time of provisional conference on 27/May 2002, Kokuro Head Office approved to set inquiry commission in order to expel the fighting body members. Kokuro members, however, have fought basically and determined.

One of the biggest blow to Head Office was that our local suit was accepted for Railway Construction Public Corporation lawsuit, and we got the 1st public trial on 26/September. We had more than 300 observers at the court; this lawsuit got a big attention. On April 2002, "Joint Struggle Conference for the Withdrawal of unlawful dismissals of 1047 & for the victory of JNR Struggle" movement was set up. It was not just Kokuro, but Zendoro (railway trade union under the influence of Communist Party) and Doro-Chiba, together with supporters' camp that joined this movement.

It was quite obvious that there would be a harsh and strong criticism against Kokuro Head Office. So, in order to suffocate those voices, a good 4 months after the provisional conference and at the very date of accepting candidacy for union representatives, police did dare arrest us. This case is nothing but frame-up. They used "video tape" presented by Tokyo Region executives, and "damage report" made up by some of Head Office faction members, as excuses for this oppression.

In reality, some members of the Police' Special Branch frequently talked that: "We could not do this if we had no Kokuro's cooperation", while they investigated us. The executives of trade union sold its members to the police. I have never heard of this kind of story before.

The arrest and charge to us was done by both corrupt Kokuro executives and state's authority.

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5. 16 years' fight of my family and me who got sacked by the government and JR
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What has encouraged me to keep fighting through 16-years of living hell? It is the idea: Not to betray our fellow workers. Protect our union. Live as workers. Have humanitarian lives. Not to allow the state' Unfair Labour Practice on my colleagues, my family and I. Regain our job and workplace at any cost.

I want to say to Kokuro Head Office executives who accepted Four Parties' Agreement that: How many colleagues of ours on earth were victimized in the process of JNR Division & Privatization? How many of fighting body members had to die in the middle of fights? Have they forgotten all of these? They are obeying LDP who is the ringleader who have attacked us. They must know that Amari said "Solution is zero plus just some". Even all these, they accepted the authorities demand: "Expel fighting body, withdraw the lawsuit" I will not forgive such a Head office, never! It was not just 1047 workers who were victimized by JNR Division & Privatization. Their family, Kokuro members who were against D&P and its members have also been ill-treated.

It is the same to my family. My family had to burden much. I cannot explain it in short time. After the sack, we could not afford even monthly rent, electricity and gas bills. I have been asked by my family members that: "They say, if you withdraw from Kokuro, you will be employed by the new (JR) company. What will you do?" At the time of company's sports day, the children of workers who have been employed can join, but the children of fighting body members cannot. They have asked me: "Why you were not hired by JR?" I could say nothing but just: "I did nothing wrong. It was the government who did wrong."

I remained in Kokuro because I wanted to protect Kokuro's flag and I do not want betray our colleagues. So I cannot stop my fighting. I have to revive Kokuro's traditional fighting spirit, and to clarify the responsibility of the government and JR Companies.

My family did support livelihood with hourly paid part-time jobs. Colleagues of mine and I also visit around Tokyo and Osaka to ask collection through product selling activity. But this collection activity is useful just when people accept us and buy some products. We have had not spare time. I have been cheered up by the warmest ever support all over the nation. I also learned that many workers are at the similar status of ours.

This way, my 16-years were the days to accuse state's responsibility for sacking, and to have firm determination to withdraw dismissals.

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6. They have to set all of us free immediately.
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I have no intention to flee or hide. It is reverse. I will reveal, at this court, the injustice of the arrest and charge to us. I am going to prove that we are not guilty, to disclose the fact that the government, LDP, and JR companies have intervened our trade union politics, and to judge the outrage of Kokuro Head Office and some executives of its Tokyo Region organization who sold us out to police.

My family have lost me, the breadwinner, and have a great difficulty to survive. Our income is rice farming and union's collection activity through selling the products. We have rented the farmland with a couple of years' contract, and we cannot cancel just this year even though I cannot do the farm work now in custody. And the rice farming does not go like stop and go, turn off and on. It means our effort so far would end up being nothing.

Since they sacked me, my family had to survive the tough period. I cannot let them suffer double agony: my arrest and hard life, on top of that.

What prosecutors claim "violence" by the 8 of us was 100% frame-up. The long time detention, which has reached 4 months (*) already, has had no ground at all. I demand the immediate release of all 8 of us.

(*) Four-month detention was at the time of this statement on February 2003. It is already 10 months now on August 2003.

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7. Closing: We the defendants WILL win the not guilty.
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The oppression this time is illegal and violating the 28th article of the Constitution and the 1st article of the Trade Union Act both of which ensure the workers' right.

What we the 8 defendants did on 27/May 2002 was rightful and reasonable union activity as Kokuro unionists in order to protect our union's unity.

It has been unprecedented that the police applied "Violence and Other Actions Punishment Act" on the conflict in the trade union, and the conference policy related of it. The injustice of this suppression cannot be more obvious.

If, ever, this type of political oppression was allowed to be used, workers right ensured by the present Constitution would be erased away. When the unity of workers are intervened and destroyed by the police, and when trade unions behave just like the government wants them to do, it means we live in the before-war era.

The Japan's Koizumi administration dispatched the Aegis type warship to the Indian Ocean at the end of last year. This was a dangerous move to participate Iraq war to follow the US Bush administration's military attack on Iraq. Now, the government is enacting the National Emergency bill (*) in the Diet. I, as one of the workers, have a strong sense of crisis that this time's oppression has a big link with those war matters.

Again I repeat: We, the defendants, all of us are not guilty. I accuse this criminal oppression done by state power. I will fight till the day of our victory.

3 March 2003, at the first court on the case


(*) The National Emergency Act was enacted on June 2003 with the "FOR" votes of 90% of all the MPs in the Diet.

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REFERENCE: Chronology of JNR workers' fight
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00/Jul 1986 Human Resource Utilization Centre

16/Feb 1987 Settlement Corporation
01/Apr 1987 * Division and Privatization

30/Dec 1996 Nakasone's remark

28/May 1998 Tokyo District Court's reactionary judgement
03/Jun 1998 Yamazaki's "3 conditions"

18/Mar 1999 Provisional Conference
10/Jun 1999 Transport Ministry Memo

30/May 2000 * Four Parties' Agreement
01/Jul 2000 Provisional Conference (Adjournment)
26/Aug 2000 Continual Conference

00/Jan 2001 (67th) Continual Conference

26/Apr 2002 Ruling 3 Parties' Declaration
27/May 2002 * Provisional Conference
07/Oct 2002 * Arrest of 8 at the date of candidature
29/Oct 2002 * Arrest of 2 (8 of total 10 were charged)
00/Nov 2002 Regular Conference
06/Dec 2002 Ruling 3 Parties left the Four Parties Agreement

As of August 2003, 8 defendants were still kept in prison, but have not given up and have fought back.

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