Law against subversive activities
| Basic data | |
|---|---|
| Title: |
破 壊 活動 防止 法 hakai katsudō bōshi-hō English Subversive Activities Prevention Act |
| Short title: |
破 防 法 habōhō |
| Type: | hōritsu |
| Number: |
昭和 27 年 7 月 21 日 法律 第 240 号 Law No. 240 of July 21, Shōwa 27 (1952) |
| Last change by: | Law No. 91 of May 12, Heisei 7 (1995) |
| Legal text on the Internet: | law.e-gov.go.jp |
| Please note the note on the applicable legal version . Only the Japanese legal texts have legal effect, not translations into English or other languages. | |
The Japanese law against subversive activities ( Japanese 破 壊 活動 防止 法 , hakai-katsudō-bōshi-hō , abbreviated 破 防 法 , ha-bō-hō ) of July 21, 1952 describes the powers of the state in the defense against groups that use violence act against public order or want to act, as well as increased penalties for such acts. Originally the law aimed at radical groups on the political left, later it was interpreted primarily as an instrument against terrorism and sabotage . In 1997 the application of the law to Ōmu Shinrikyō was discussed.
On the basis of the law against subversive activities, the Kōanchōsa-chō ( 公安 調査 庁 , dt. " Public Security Investigating Authority ", English Public Security Intelligence Agency , PSIA) works as a secret service and investigative authority at home and abroad under the control of the " Public Security Examination Commission Security ”( 公安 審査 委員会 , kōan shinsa iinkai ). Both bodies are assigned to the Ministry of Justice .
history
History of origin
Conservative forces feared a growing influence of the Communist Party of Japan (CPJ) after the end of World War II and looked for ways to control it. When the law was created, the CPY was not mentioned in order not to violate the constitutional principles of freedom of expression and association. The background to the development was a series of violent clashes at rallies with the participation of communists; then the provisions on the control of groups from the Potsdam resolutions were further developed into a draft law.
In 1952 the first bill was introduced by the 3rd Yoshida cabinet and presented to the House of Commons for the first time on April 17th . The aim of the cabinet and the ruling Liberal Party was to pass the bill unchanged, while the right wing of the Socialist Party of Japan (SPJ) tried to remove articles on incitement and possession of subversive pamphlets from the law, and amendments to the law introduced tougher criminal regulations. The left wing of the SPJ and the Workers and Peasants Party ( 労 働 者 農民 党 , rōdōsha nōmin-tō ) rejected the draft as incompatible with freedom of expression. The CPJ was also against the bill because it saw itself in its sights and saw the Yoshida cabinet as a “stooge of American imperialism”.
In the House of Lords , the Liberal Party did not have an absolute majority, but it did try to win the decisive votes of Ryokufūkai for the law. On June 5, the Ryokufūkai submitted its own draft in which the following wording was added: “Because this law affects basic civil rights, it should and may only be used in cases where it is absolutely necessary for public safety not be interpreted broadly. ”Voices of the political left criticized the new draft: The changes are purely formal and as such are chimerical.
After the bill had originally been rejected in the House of Lords Judiciary Committee by the right wing of the SPJ and the Ryokufūkai, the Yoshida cabinet was ready to make concessions to the Ryokufūkai. After his objections had been taken into account, the draft was passed in plenary with the votes of the Liberal Party, the Ryokufūkai (since there was no parliamentary pressure, some of the MPs voted against) and the Democratic Club , with the Kaishintō , both wings of the SPJ, the The Daisan Club, the CPJ and the Workers and Peasants Party voted against the bill.
application
The investigations and resolutions for the application of the control provisions of the law are carried out by the PSIA, but they are checked by the Public Safety Examination Commission. Both are independent bodies under the Ministry of Justice .
The law was first applied in the year it was passed, 1952, in connection with incidents in Kyoto and Gifu in which the JCP was involved. However, the suspects have not been found guilty. The first conviction on the basis of the law came as a result of the San'yū incident ( 三 無 事件 ) in December 1961, in which several former officers of the Imperial Japanese Army planned a coup. In addition to provisions for subversive groups, criminal law provisions for individuals have also been incorporated into the law. These were used, for example, during the San'yū incident.
After the sarin attacks in Matsumoto in 1994 and on the Tokyo subway in March 1995, the PSIA sought to apply the law against Ōmu Shinrikyō . The PSIA had submitted a corresponding urgent application; However, the Public Security Commission found that Ōmu Shinrikyō did not meet the requirements of the law, so the application was postponed. In 1997 the request was finally rejected by the Commission and its application was discarded, as there was insufficient evidence that the group would resort to violent means in the future. Some security politicians complained that if the law was not applied to Ōmu Shinrikyō, it could specifically not be applied to any group.
Although not a few politicians, especially those on the political left, question the constitutionality of the law and are striving for its abolition, in view of the currently restrictive application there are currently no concrete efforts on the political level to abolish the law.
The law
structure
- Chapter I (Art. 1–4) General regulations
- Chapter II (Articles 5–10) Control of subversive groups
- Chapter III (Articles 11–26) Procedures for the control of subversive groups
- Chapter IV (Articles 27–34) Investigations
- Chapter V (Art. 35–37) Various regulations
- Chapter VI (Art. 38–45) Criminal law regulations
- Additional provisions
Purpose of the law
According to Article 1 of the law, the purpose is to contribute to public safety by creating surveillance mechanisms for violent subversive groups and modifying the penalties for acts of terrorism.
Definition (Art. 4)
Subversive activities include:
- Activities to carry out high treason and treason , aiding or preparing for it, as well as printing, disseminating, distributing or transmitting material to justify or instigate them
- Preparation or implementation of, as well as conspiracy or incitement to acts against the political order through riots, arson, explosive attacks, endangering road traffic, piracy, murder, robbery or the use of explosives, or by hindering the police, the investigative authorities, law enforcement officers or the PSIA when carrying out their official duties with weapons or poison.
A group within the meaning of the law is any continuing association of people for the pursuit of common goals or a subgroup.
Measures to control subversive groups
Restriction of the activity of groups (Art. 5)
- Necessary conditions
- Groups that have committed violent subversive acts
- Groups of reasonable suspicion that they will continue or repeat violent subversive acts in the future
- Restrictions
- Prohibitions to be imposed for a period of six months on gatherings or demonstrations, pressure or dissemination of communications by the group or actions by individual members
Dissolution of groups (Art. 7)
According to the order to dissolve a group, any activity by its members as part of the group (not as individuals) is prohibited.
- Necessary conditions
- Groups who have committed (or have attempted, prepared, or conspired to) violent subversive acts
- Groups of reasonable suspicion that they will continue or repeat violent subversive acts in the future
- Groups where activity restrictions cannot effectively remove the existing hazard
Procedure
After a request from the head of PSIA to control a group, of which the group must be informed seven days in advance, information must be given to the representatives of a group at the same time as an official publication, provided their whereabouts are known, about the opportunity to comment and the submission of evidence will be transmitted. If penalties are imposed, the Public Security Examination Board must also be informed on the same day. The group can then submit a statement within 14 days.
The sanctions will take effect on the date of official publication. A court has 100 days to rule on claims for the lifting of the sanctions. Such an annulment decision will also be published in the Official Journal.
See also
literature
- Cecil H. Uyehara: The Subversive Activities Prevention Law of Japan: Its Creation, 1951-52. Brill's Japanese Studies Library, 33. Brill Academic, Leiden 2010. ISBN 978-90-04-18092-5 .
Web links
- Law Against Subversive Activities (Japanese)
- Subversive Activities Act, Enforcement Order (Japanese)
Individual evidence
- ↑ 日本 労 働 年鑑 第 26 集 1954 年 版 第一 章 破 壊 活動 防止 法 の 制定 ( Memento of the original from May 7, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
