The Bakutori 4 (Bombmakers) Case
Bakutori 4

JIADEP Summary: One of the more egregious cases of police oppression, the Bakutori 4 were arrested and held for firing mortar shells during the 1986 summit. They were held in jail for 12 years without being released for a crime which would bring a sentence of 8 ~ 10 years. After being found innocent by the District Court, the High Court accepted the prosecution's appeal, held one hearing, criticized the lower court's decision, and closed the case. Such a move was absolutely unheard of in Japanese judicial history. The once innocent group was placed in double jeopardy. On June 3, 2010, three of the four once innocent activists were declared guilty!

Chronology

1986
April 15 Projectiles Fired at US Yokota airbase
May 4 Projectiles Fired at State Guest House
1987
October Activists arrested.
1988
September First Hearing in Tokyo District Court
2002
December Released on Bail
2004
March 27 Tokyo District Court: Not Guilty
2006
May 20 Tokyo High Court: Not Guilty Decision is remanded back to district court.
2007
Oct 18. Supreme Court upholds remand.
2010
June 3 Guilty. Sentences of 11 years and 8 years handed down.


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Innocence Overturned!
3 activists found guilty of 1986 summit attacks
June 3, 2010


The Tokyo District Court on Wednesday sentenced three activists it once acquitted to up to 11 years in prison for firing handmade mortar shells at the venue of the 1986 Tokyo economic summit of Group of Seven leaders and a U.S. air base in Tokyo. Taketoshi Suga, 65, who was sentenced to 11 years, and Hirofumi Sogame, 66, and Hiroshi Itagaki, 66, who were both given eight years, immediately filed for an appeal immediately.

The three members of the left-wing Japan Revolutionary Communist League National Committee, often referred to as Chukaku-ha or middle core faction, were acquitted by the same court in March 2004, more than 16 years after the attacks at the State Guesthouse in central Tokyo and the U.S. Air Force’s Yokota base in suburban Tokyo. No casualties were reported in the incidents.

中核派活動家3人、逆転有罪 ロケット弾事件差し戻し審
2010
63



 迎賓館や米軍横田基地に1986年、ロケット弾が撃ち込まれた事件で爆発物取締罰則違反の罪に問われ、当初の一審で無罪とされた中核派活動家3人の破棄差し戻し後の一審判決が2日、東京地裁であった。林正彦裁判長は、須賀武敏被告(65)を懲役11年(求刑懲役15年)、十亀弘史(そがめ・ひろふみ)(66)、板垣宏(66)の両被告をいずれも同8年(同13年)とする逆転有罪判決を言い渡した。3人は即日控訴した。

 87年11月の起訴から22年余が経過。林裁判長は「適正な防御権の行使の範囲を明らかに超えた、被告側の不当な訴訟活動が審理を長期化させた」と述べた。

 判決によると、3人は86年4月に東京都福生市の米軍横田基地に、同年5月には港区の迎賓館に向けて、それぞれロケット弾を発射し、爆発させた。林裁判長は、アジトから押収されたメモ類の筆跡から、3人がロケット弾の開発・製造にあたったと判断。実行犯との共謀があったと結論付けた。

 この事件では被告らと犯行のつながりを直接示す証拠がなく、04年3月の東京地裁判決は「メモ類には事件に関する直接の記載はなく、実行犯との共謀の証明もない」として全員を無罪とした。しかし、06年5月の二審・東京高裁判決は「製造に関与し、実行犯との共謀が推認できる」と無罪を破棄、審理を地裁に差し戻した。07年10月の最高裁第一小法廷も被告側の上告を棄却。地裁に審理が差し戻されていた。

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Top court orders retrial over mortar attack during '86 G-7 summit in Tokyo
October 18, 2007
Mainichi Japan


The Supreme Court has upheld a high court's decision to overturn the acquittal of three leftist radicals for producing a mortar that was fired during a G-7 summit in Tokyo in 1986 and has ordered a retrial over the case.The No. 1 Petty Bench of the Supreme Court handed down the decision in response to an appeal by the three including Taketoshi Suga, 63, a member of the Chukakuha ultraleftist organization.


With the decision, the Tokyo District Court will shortly begin to retry the case.In 2004, the Tokyo District Court found the three not guilty of violating the Explosives Control Act after concluding that there is no proof that they conspired with the person who launched the weapon in a bid to obstruct the summit conference. The person who carried out the attack has never been identified.

In 2006, the Tokyo High Court overturned the acquittal and ordered the lower court to retry the case, pointing out that it had failed to examine materials that could serve as concrete evidence concerning the defendants' involvement in the attack.

The defendants then appealed the high court decision to the top court.



2007/10/18
Trial of 3 men accused of attacks against 1986 summit to be reopened

TOKYO — The Supreme Court said Thursday it has upheld a high court decision that ordered a lower court to reexamine the case of three men who were acquitted for firing handmade mortar shells at the venue of the 1986 Tokyo summit of leaders from the Group of Seven major advanced nations. The decision paves the way for the Tokyo District Court to reopen the trial of the three extremists who were indicted in November 1987 for allegedly violating the explosives control regulations.
The three defendants are Taketoshi Suga, 63, Hirofumi Sogame, 63, and Hiroshi Itagaki, 64, all members of the Chukaku-ha (mid-core faction) leftwing group. The three men, in conspiracy with several other group members, allegedly fired five projectiles against the State Guesthouse in central Tokyo, the venue of the G-7 summit, in May 1986. In March 2004, the district court acquitted the three men, saying there is no evidence that the defendants produced the mortar shells or conspired with those who actually fired them. But the Tokyo High Court ordered the district court in May 2006 to reexamine the case, saying the evidence presented by prosecutors strongly indicates the three were involved in producing the projectiles. (Kyodo News)

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2006/05/20
Cleared 15 years on, still on hook
Trio acquitted in '86 leftist assault now in double jeopardy.


The Tokyo High Court on Friday ordered the Tokyo District Court to re-examine its acquittal, after a 15-year trial, of three men accused of firing makeshift mortar projectiles at the State Guesthouse during the 1986 Group of Seven summit in Tokyo.

The district court cleared Taketoshi Suga, 61, Hirofumi Sogame, 62, and Hiroshi Itagaki, 62, in March 2004. They had stood accused of violating the explosives control law by producing the shells in conspiracy with other leftwing extremists. It ruled that there was no evidence to prove their involvement in firing the projectiles.

But on Friday, presiding Judge Taketaka Nakagawa of the high court sent the case back to the district court, noting evidence presented by the prosecution during the initial trial "strongly suggested" the trio were involved in making the launching devices.

"Nevertheless, (the district court) rejected the evidence and the case was not fully examined," Nakagawa said.

Prosecutors had demanded prison sentences ranging from 13 to 15 years for the three, who immediately appealed Friday's ruling to the Supreme Court.

"When I heard that the court decided to throw out the lower court acquittal, I felt anger so strong it was as though my heart was shaking," Sogame said. "It is an extremely political and dirty ruling that determines everyone associated with leftwing extremists to be guilty."

The defendants' chief lawyer, Hoichi Fujisawa, denounced Friday's ruling as extremely unjust and fraught with contradictions.

"If the high court is going to deem (the defendants) as being guilty, it should examine the evidence itself and overturn the original ruling, not send the case back to the lower court," he said.

The three were charged with conspiring with a number of others and of participating in the firing of five shells at the Asakaka State Guesthouse in central Tokyo on May 4, 1986, to disrupt the summit, and with launching five shells at the U.S. Yokota Air Base in western Tokyo on April 15 the same year.

The lower court ruling came over 15 years after the trial opened in September 1988, and the three, who were arrested in October 1987, had been detained until they were freed on bail in December 2002.

Friday's ruling drew a barrage of condemnations from the defendants' supporters in the gallery, who protested that the legal battle was going to drag on even longer.

Masao Fukushima, 62, who had been charged as a conspirator in both attacks, appealed a ruling in March in which he was sentenced him to 12 years in prison.

During the trial, the prosecution presented as its main evidence memos on the design of mortar shells and manuals on how to produce them that police had confiscated from their hideouts.
The lower court determined however, that the hideouts were set up after the incident and that there was room to believe the memos were copies of the originals.

But in Friday's ruling, Judge Nakagawa said the state of the memos indicated they could not be copies, and it was clear from handwriting analysis that they were penned by one of the three defendants, whom he did not name.

中核派の一審無罪を破棄 迎賓館ロケット弾事件
2006
05191139


 迎賓館や米軍横田基地に86年、ロケット弾が撃ち込まれた事件で、爆発物取締罰則違反の罪に問われた中核派活動家3被告の控訴審判決が19日、東京高裁であった。一審は実行犯と3被告が共謀した証明がないとして全員無罪としたが、高裁の中川武隆裁判長はこれを破棄。「3被告がロケット弾開発に関与し、実行犯と共謀したと推認できる」と述べ、審理を東京地裁に差し戻した。被告側は上告する方針。

 この裁判は88年9月の初公判から04年3月の一審判決まで15年半を要しているが、さらに長期化する可能性が出てきた。

 この日、判決があったのは須賀武敏(61)、十亀(そがめ)弘史(62)、板垣宏(62)の各被告。検察側は須賀被告に懲役15年、十亀、板垣両被告に懲役13年を求刑していた。

 この事件では計4人が起訴されたが、実行犯は不明のまま。直接証拠がなく、検察側は、アジトから押収されたメモ類などを根拠に3人と実行犯との共謀があったと主張した。

 一審・東京地裁は「メモ類には事件に直接触れた記載はなく、検察側主張には飛躍がある」として、無罪を言い渡した。

 これに対して中川裁判長は「一審は証拠の価値を十分評価せず、開発や製造を行ったと認められないと即断した。証拠の評価に誤りがある」と指摘した

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2004/03/27
Jailed 14 out of their 15-year trial,
activists cleared for now


The Tokyo District Court ended a 15-year trial Thursday by acquitting three men charged with firing mortar-launched projectiles in 1986 at the U.S. Yokota Air Base and the State Guesthouse in Tokyo during a meeting of leaders of developed nations.

Taketoshi Suga, 59, Hirofumi Sogame, 60, and Hiroshi Itagaki, 60, were charged in No
vember 1987 with manufacturing mortar rounds in conspiracy with other activists.

Presiding Judge Nobuyuki Kiguchi said Thursday that while the defendants had probably manufactured other explosive devices, there was room for reasonable doubt as to their involvement in the attacks.

"There is no evidence that they created the mortar shells used in the case, and there is no proof that they conspired with those who actually fired them," he said.

The Tokyo District Public Prosecutor's Office said it will appeal the ruling. The first hearing was held in September 1988. It had been the longest ongoing trial at the district court.

Prosecutors said the three conspired with others and fired five mortar shells at the guesthouse in central Tokyo on May 4, 1986, to disrupt the talks, as well as launching five shells at the air base in western Tokyo on April 15 the same year. They were freed on bail in December 2002.

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Prison term to become final for man over attack during 1986 Tokyo summit
TOKYO (Kyodo) -- The Supreme Court has rejected an appeal lodged by a man over a charge of firing mortar shells at the venue of the 1986 Tokyo economic summit of Group of Seven leaders, upholding lower court rulings that sentenced him to 12 years in prison.
Masao Fukushima, 68, a member of the left----wing Japan Revolutionary Communist League National Committee, known as Chukaku----ha or middle core faction, could still file for objection over the decision dated Monday but the country's top court has rarely accepted such submissions.
The top court's second petty bench presided over by Justice Katsumi Chiba upheld lower court rulings that dismissed his plea of innocence. The March 2006 Tokyo District Court ruling called the acts "nothing but acts of terror" and said Fukushima's involvement was "obvious" as notes written by the defendant on the development of explosives were confiscated from his hideout. The Tokyo High Court upheld the lower court ruling in March 2008.
According to lower court rulings, Fukushima conspired with other members of the group and fired five mortar shells at the guesthouse in central Tokyo on May 4, 1986, to disrupt the summit talks, while launching five shells at the U.S. Yokota Air Base in western Tokyo on April 15 the same year.
Three men, believed to have conspired with Fukushima, were sentenced to up to 11 years in prison by the Tokyo District Court in 2010 in a retrial that overturned their previous acquittal. They are appealing the ruling.
(Mainichi Japan) March 8, 2012

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迎賓館迫撃弾:中核派活動家の上告棄却 懲役12年確定
 86年に東京サミットの式典会場の迎賓館(東京都港区)などを狙って迫撃弾を発射したとして、爆発物取締罰則違反に問われた中核派活動家、福嶋昌男被告(68)に対し、最高裁第2小法廷(千葉勝美裁判長)は5日付で、被告の上告を棄却する決定を出した。懲役12年とした1、2審判決が確定する。
 1、2審判決によると福嶋被告は86年5月、迎賓館に迫撃弾5発を発射。同年4月には在日米軍横田基地(東京都福生市)に迫撃弾5発を発射した。1審判決が勾留日数のうち2500日(6年10カ月余)を刑に算入しており、その分は刑期から差し引かれる。
毎日新聞 2012年3月7日 19時27分(最終更新 3月7日 19時35分