The Waseda Project: Namie Legal Defense Team Panel II - Haruka Adachi: Activity of the Attorney Team for Namie Town ADR

1. THE ACTIVITIES OF THE
ATTORNEY TEAM FOR NAMIE
TOWN ADR
April 1st, 2016
Haruka Adachi
(Attorney at Law)

2. SELF-INTRODUCTION
Lived in San Diego, CA for 3 and a half years
Graduated Waseda University and Law school
Became an attorney at law January 2015
Was a first-year law school student when the Great East Japan
Earthquake and the F1 Blast.
Terrified and wanted to do something as a student and as a lawyer in
the future
Joined the attorney team for Namie Town ADR in 2015

3. ABOUT NAMIE TOWN
Before F1 blast…
population was about 21,000.
Beautiful nature
Good community
↓
After F1 blast…
The entire population of Namie
town was obliged to evacuate.
here

4. ACTIVITIES AT THE ADR
May 29th, 2013
• The municipality was delegated representation from the residents.
• As of the end of 2013, 15,313 residents, equivalent to 71.4 % of
the total population, has become the applicants.
• Now 15,788 residents, 73.7% of the total population has become
the applicants.
• However, unfortunately, 365 applicants have been dead now.

5. CLAIMS BROUGHT TO THE ADR CENTER
1. Admittance of liability and sincere apologies from TEPCO
2. Decontamination of the entire city to bring down the radiation
level to what was before the 3/11 incident
3. To pay 250,000 yen per month, in addition to the present
100,000 yen, for the mental damages from March 11, 2011 to
the period when the decontamination is fully completed.

6. WHAT THE ATTORNEY TEAM
ENDEAVORED
To have the reality of the damages to be recognized and to be taken
in to account.
Unite the residents to make a valuable precedent.

7. SITE RESEARCH & HEARING
• On January 31, 2014 →Site research/hearing was conducted at
the Namie town and the temporary housing areas.
• The mediator team visited various areas in Namie town which are
still evacuation zones and heard from actual former Namie town
residents living in temporary houses.

8. PHOTOS（JULY 2013)

9. PHOTOS (JULY 2013)

10. PHOTOS (APRIL 2015)

11. PHOTOS (APRIL 2015)

12. PHOTOS (APRIL 2015)

13. PHOTOS (APRIL 2015)

14. OTHER ACTIVITIES FOR ADR
To explain the situation of residents:
Submitted the statement of 8 residents
Done oral hearing of 14 residents
Done telephone hearing of 54 residents
Made the DVD “Documentary of Namie town”

15. VOICES FROM RESIDENTS
• Worries pertaining to living conditions in temporary housings
“The temporary housing is very small compared to the original house that
makes every family member feel stress.”
“How long should I live here?”
• Worries about the future
“How can we build a community after repatriation”
“If the younger generation don’t return, how can we?”
“Please let me return despite the radiation contamination”
• Discrimination, bullying at new location:
“Don’t infect me with your radiation”
“You should be happy because you are receiving compensation”
“You are lucky that you are rich”
“I envy you that you don’t have to work anymore”
“Why don’t you buy it with the compensation?”

16. PROPOSED RECONCILIATION AGREEMENT
FROM THE CENTER
MARCH 20, 2014
Clause 1
• Pay additional 50,000 yen per month to every applicant for the
period of March 11, 2012 to the end of February 2014.
Clause 2
• (1) Pay additional 30,000 yen per month, to applicants who were
75 years old or older at the point of March 11, 2013, for the
period of March 11, 2013 to the end of February 2014.
• (2) Pay additional 30,000 yen per month, to applicants who turn
75 years old after March 12, 2013, for the period from the date of
their 75th birthday to the end of February 2014.

17. THE REASONS TO INCREASE THE
COMPENSATION
For Clause 1
• As a situation common to all the applicants, they are still living in
refuge for over 3 years without having a clear outlook of their
return.
• This makes it more difficult to reconstruct their lives and make
plans for their future lives (e.g. schooling, job transferring,
marriage, giving birth, removing residence, etc.).
• Consequently, they are left in a situation where their anxiety
about the future are amplified.
• Accordingly, the prolongation of the evacuation has led to
continuance of life in isolation separated from families and
community. Moreover, the continuation of such condition would
make it even more difficult to restore to the former condition.
• This also leads to the amplification of anxiety.
• This amplification of anxiety has emerged no later than March
2014.

18. THE REASONS TO INCREASE THE
COMPENSATION
For Clause 2
• Generally speaking, it can be said that it is more difficult for
elderlies to adapt to the change of environment which should
amount to more compensation.

19. THE REACTION FROM NAMIE TOWN AND
TEPCO
• On May 26, 2014 the Namie town accepted the proposal.
• On June 25, 2014, TEPCO refused to accept the proposal.
Reasons for refusal:
① it is not based on individual circumstances
② it is not in line with the “Interim Guidelines”

20. WHAT IS INTERIM GUIDELINES?
“Interim Guidelines for Determination of the Scope of Nuclear
Damage due to TEPCO’s Fukushima Dai‐ichi and Dai‐ni Nuclear Power
Plants”
Compensation for mental damages;
• The following Compensation would be paid for the following
period for “mental damages emerging from being obliged to live
outside their home and being hindered of maintaining and
continuing their regular everyday life for a long period of time”
• 1st period: (until 6 month after the incident): 100,000 yen per
month (including increase of living expenses) *120,000 yen for
those living in evacuation centers
• 2nd period (until 6 month after the 1st period) 50,000 yen

21. Q WHY 100,000 YEN?
• “Considering that the damage is not accompanied by injuries, we
have referred the standards established by the Compulsory
Automobile Liability Insurance (4,200 yen per day, 126,000 yen
per month, compensation for mental damages), also taking in to
account the increase of living expenses, we have decided that
100,000 yen per month is reasonable for compensation for mental
damages.”

22. Q WHY FOR THE FIRST 6 MONTH
ONLY?
• “The first 6 month prior to establishing the living bases for the
long–period evacuation life is the period with the most mental
suffering owing to the sudden loss of community and deprivation
of the peaceful daily life and it’s foundation leading to being
obliged to live an inconvenient life in refuge”
• “in the 2nd period, the mental suffering will alleviate because
people will gradually adapt to their living condition in their
residence of refuge.”
→Nuclear Damage ADR Center’s “General Standards” has added
50,000 yen for the 2nd period noting that there are mental sufferings
emerging from increase in worries regarding life in the future.

23. THE PROBLEMS WITH THE
“INTERIM GUIDELINES”
 At the time of the publishing the “interim guidelines”, the
committee never visited and observed the 12 municipalities in
Fukushima nor conducted hearing from the evacuee population.
 The misunderstanding of the suffering of the evacuees.
• Did the suffering alleviate after 6 month?
―NO
Nearly 70 percent has replied that there are no changes to the
sufferings and that it is still continuing.

24. TEPCO DOES NOT ACCEPT
Despite
• TEPCO has announced that it will “respect the proposals from the
Nuclear Damage ADR Center”,
• The Chief Committee of the Dispute Resolution Center
condemned TEPCO’s denial of accepting the Center’s proposal.
TEPCO has yet to accept the Center’s proposal and has expressed
their refusal repeatedly.

25. RECOMMENDATION FROM THE CENTER
DECEMBER 17, 2015
The center recommended to TEPCO that
“Accept ALL the reconciliation agreement.”
Especially accept as soon as possible about the 13 applicants, over
75 years old, whose damage is proven enough.
*There is a situation that 365 applicants are already dead before
TEPCO accepts it.

26. HOW IT GOES NOW?
The center recommended us to show some information about 13
applicants ahead of others.
And see how TEPCO reacts.
Not only the attorney team but also the center struggles to make
TEPCO accepts the proposal.

27. WHY JOINED AFTER TEPCO REFUSING THE
RECONCILIATION AGREEMENT
Even though I joined the attorney team after TEPCO refused, I really
want to do something for Namie town.