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Claim for Compensation against Japan by Civilian Victim

【Plaintiff】: Shen Quan, male, citizen of the People’s Republic of China, 60, Han nationality, a native of Beijing. Currently living at No.1, 1F, Unit 1, Building 10, the First Geological Brigade, Bureau of Geology and Mineral Resources of Yunnan Province, West Huancheng Road, Qujing City, Yunnan Province. When Shen Quan is unable to perform the duty as Plaintiff, Shen Bin (son of Shen Quan) shall be plenipotentiary deputy.
【Defendant】: Japanese government
【Cause】: During the Japanese invasion into China, the Japanese air force bombarded Chongqing in May 1941. One of the bomb explosions severed the high voltage power cable near the Plaintiff’s home. On his way home in response to the air raid siren, the Plaintiff inadvertently touched the severed high voltage power cable, resulting in scorched right hand by electrocution. Although he survived, his right hand was permanently disabled, leading to difficulty and misfortune in daily life and career for the rest of his life. The Japanese government should assume responsibility for this tragedy, I demand the defendant to compensate for all related expenses totaling USD 122,000.
【Facts & reason】: The Plaintiff’s family consists of three persons. My father’s name is Shen Jiakui. My mother’s name is Lu Juzhen. My father worked for the then Central Bank in Peking, and lived a happy and harmonious life in Peking. In May 1935, my mother gave birth to a lovely and healthy boy (the plaintiff). The whole family lived happily and peacefully in Peking. After the Lugouqiao (Marco Polo Bridge) Incident on July 7, 1937, the Japanese Army waged full-scale invasion into China, and took over Peking, which shattered our happy and contented small family. In order to avoid the persecution and atrocity of the Japanese Army, they were forced to flee to Chongqing, and lived at Luojiawan, Chongqing, hoping to have a stable living environment. However, in May 1941 the Japanese launched massive air raid campaigns to bomb Chongqing. In one of the bombings, Chongqing’s innocent residents suffered profound damages, with homes ruined, family members lost, houses collapsed, buildings and facilities destroyed or reduced to ashes. Tens of thousands of civilians were killed or wounded by the bombing. The high voltage power cable near my home was severed and fell to the ground. On his way home in response to the air raid siren, the Plaintiff inadvertently touched the high-voltage power cable, causing his right hand scorched. He would have died had it not for the timely rescue. Although he survived, his right hand was disabled — little finger, ring finger, and middle finger were cut, the thumb was bent and lost normal functions. (See attachment 1, 2, 3, 4)
The Plaintiff used to be a six-year old healthy and vibrant child. Due to injury caused by the Japanese army, he became a handicapped person. Because the Plaintiff was the only son in the family, it cast a shadow on the previously happy family of three and dealt a heavy blow to the Plaintiff’s parents in terms of mental anguish, who have been distressed beyond description, consequently I demand mental damage compensation (consolation money) USD 20,000.
Owing to the disability of the right hand, which is the main working hand, the Plaintiff suffered huge loss and pain in career, daily life and marriage. Over the past 50 plus years, the Plaintiff’s physical and mental anguish and loss should be compensated. The Plaintiff demands the defendant to provide disability loss compensation totaling USD 100,000, plus medical expense USD 2000.
In 1993, Prime Minister Morihiro Hosogawa of the Japan’s eight party coalition government delivered administrative report at the inauguration ceremony of the new government. He formally apologized for Japan’s invasion action during the WWII period. He said: “I wish to take this opportunity to express profound repentance and apology for unbearable pains brought to the huge number of population by our country’s past invasion action and colonial ruling”. Nevertheless, this year Japan’s Diet report was ambiguous in wording, and failed to make earnest introspection and acknowledgment of the crime, nor did it indicate to assume responsibility for civilian victims. The serious crimes committed by Japan toward ordinary Chinese civilian people must be compensated.
In summary, the Plaintiff is a Chinese civilian who fled from the war-torn frontline to the hinterland Chongqing far away from battle fields, and lived in civilian residential zones with no air defense. Yet he still sustained injuries from Japanese air force. The damaged high voltage power cable made me a disable man after electrocution. This is indeed a violation of international convention, which the defendant should assume responsibility for the hardship and loss suffered by the Plaintiff. Compensate for economic loss and mental sufferings are in order. The following is a specification of loss compensation claims:
Compensation amount for disability damage USD 100,000;
Compensation amount for medical expense of disability damage USD 2000;
Compensation for mental damage of the Plaintiff’s parents amount USD 20,000.
Total: Compensation amount USD 122,000.
Appendix: No. 1 The Plaintiff’s damage disability photos
No. 2 Hospital diagnosis certificate
No. 3 Certification from testifier Shen Yu and Shen Hui
No. 4 Certificate of Qujing City Disabled Persons Federation

Regards
The Japanese Government c/a His Excellency Ambassador Michihiko Kunihiro of the Japanese Embassy in China

Chinese civilian victim: Shen Quan
August 15, 1995

Appendix 1

Appendix 2
First Affiliated Hospital of Kunming Medical University

YWY (128)

Orthopedic Section　　　　　　　Diagnosis Certificate　　　　　October 13, 1993

(This certificate shall be invalid unless stamped with hospital official seal)

Appendix 3

To Whim It May Concern

　　I, Shen Quan, is a victim of the Sino-Japanese War during 1937~1945, this war of invasion waged by Japan resulted in my right hand disability, leading to inconvenience in life and work for the rest of my life, for which the Japanese government shall assume the responsibility.

I was born in Peking in 1935. After the Lugouqiao (Marco Polo Bridge) Incident in 1937, I followed my parents to relocate to Chongqing. My father was working in the then Central Bank. We lived at Luojiawan in Chongqing. In March 1941. the Japanese air force wantonly bombed Chongqing, during one bombing episode, the bomb explosion severed the high voltage power cable near my home. Rushing home upon hearing the air raid siren, I inadvertently touched the broken high voltage power cable. a. My right hand was scorched. I would have died had it not been for the timely rescue. Although I survived, my right hand was disabled. My little finger, ring finger, and middle finger were cut, and my thumb was bent. My right hand lost normal functions.

Because that period of time was during the chaotic war, it was impossible to ask the government to issue injury certificate. Now I can only ask relatives and seniors to provide certification.

Testifier Uncle　Signature Shen Yu　Seal ID Card number 110101240419251
Testifier Aunt　Signature Shen Hui　Seal ID Card number 110102300327332

Shen Quan　July 20, 1993

Appendix 4
Qujing City Disability Appraisal Form

No.

Town(Town) 　　　　　　　Village (Residential committee)

Note: This form is in duplicate, one copy is submitted to the Disability Appraisal Office for collecting disability certificate, another should be kept by the applicant’s employer for record keeping.