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4 Japanese Ann. Int'l L. 97 (1960)
Judicial Decisions

handle is hein.journals/jpyintl4 and id is 103 raw text is: 






JUDICIAL DECISIONS


              JAPAN v. SHIGERU SAKATA et. al.

                Tokyo District Court, March 30, 1959

        (Judge Akio Date, Judge Haruzo Shimizu and Judge Ichi-
        ro Matsumoto)


        CONSTITUTIONALITY       OF  JAPAN-U.S. SECURITY
      TREATY-VIOLATION OF THE SPECIAL CRIMINAL LAW
      ENACTED IN CONSEQUENCE OF THE ADMINISTRA-
      TIVE AGREEMENT UNDER ARTICLE III OF THE SECU-
      RITY TREATY BETWEEN JAPAN AND THE UNITED
      STATES OF AMERICA.


JUDGEMENT:
    Defendants Shigeru Sakata, Katsuyuki Sugano, Yasutaro Takano, Fu-
mio Eda, Gentaro Tsuchiya, Gunichiro Muto and Tokuzo Shiino are not guil-
ty of the charges brought against them in this case.

FACTS:
    The Tokyo Procurement Bureau Agency, obtaining authorization of the
use of land from Prime Minister in accordance with the Law for Special
Measures concerning the Use of Land to implement the Administrative
Agreement under Article III of the Security Treaty between Japan and the
United States of America and the Land Expropriation Law, started conduct-
ing from 5:15 a.m., 8th July, 1957 a survey of the privately owned lands
within the Tachikawa Air Base at Sunakawa-machi, Kitatama-gun, Tokyo,
which is in use by the United States Air Force.
    More than one thousand demonstrators, composed of members of the
league which was formed to protest against extension of runways of the
United States Air Force Base at Sunakawa and members of labour unions
and student bodies supporting the protest, gathered early in the same morn-
ing in front of the fence at the north side of the Air Base and drummed
up opposition against the survey. Some of the demonstrators had broken
the fence several tens of meters.
    Between 10:40 a.m. and 11:30 a.m., defendants Shigeru Sakata, Katsu-

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