Statement
opposing the state funeral of former Prime Minister
Shinzo Abe by the Kishida Cabinet
July 21, 2022
Japan Lawyers Associationfor Freedom (JLAF)
President Kenichi Yoshida
On July 14, Prime Minister Kishida announced that he would conduct astate funeral for former Prime Minister Shinzo Abe this fall, andaccording to media reports, a cabinet decision is expected tomorrow.
State funerals, in which the state presides over a funeral of anindividual, and the cost is paid for with state funds, were notpracticed after the war, except in one instance. There is a widedivergence of opinion on whether or not to hold a state funeral forformer Prime Minister Abe. JLAF strongly opposes it because of theserious legal, social, and political problems that would result fromforcing such an action, as described below.
Lack of legal basis and possible violation of fiscal constitutionalism
Currently, there are no laws or regulations gove rning state funerals.
Originally, before the end of World War II, there was a provision onstate funerals in the Imperial Ordinance (State Funeral Ordinance)enacted in 1926. However, this imperial decree has been revoked inaccordance with Article 1 of the "Law Concerning the Validity ofProvisions of Orders Currently in Force at the Time of the Enactment ofthe Constitution of Japan" 「 日 本 国 憲 法 施 行 の 際 現 に 効 力 を 有 す る 命 令 の 規
定 の 効 力 に 関 す る 法 律 」 as being incompatible with the Constitution.
As for the state funeral of former Prime Minister Shigeru Yoshida,
which was the only exception in the postwar period, Toshiro Tsukahara,then Director-General of the General Affairs Bureau, stated, "We had a
hard time because there was no law on which to base the ceremony." Whenthe government considered holding a state funeral for former Prime
Minister Eisaku Sato, the Cabinet Legislation Bureau's opinion that "thelegal basis was not clear" led to the decision not to do so. Thus, it isclear that there is no legal basis for state funerals, and Prime
Minister Kishida's interpretation that states funerals are "stateceremonies" under the jurisdiction of the Cabinet under the Law for
Establishment of the Cabinet, and can be held if a Cabinet decision is1

made, is absolutely unacceptable.
Such an arbitrary decision by the Cabinet, without legal basis, cannot
escape criticism as an arbitrary expenditure of government funds basedon political motives, and is impermissible by fiscal constitutionalism,
which states that "the power to administer national finances shall be
exercised as the Diet shall determine" (Article 83 of the Constitution).
May violate people's freedom of thought and conscience
The fact that the government sponsors the funeral of former Prime
Minister Abe, a member of the Diet who belongs to a particular politicalparty, and pays for the funeral with government funds is an expressionof the nation's condolences to a particular person, as opposed to anindividual's mourning for a deceased person. Therefore, all citizens
could be effectively forced to offer their condolences to a particular
Diet member, and this would have the same effect as forcing them todonate money to a particu lar political party. In fact, at the time ofthe state funeral of former Prime Minister Shigeru Yoshida, under the
grand order "the whole nation prays for the repose of his soul," horseraces, bicycle races, and other public sports were cancelled,
entertainment programs were stopped, sirens were sounded throughout thecountry, and silent prayers were offered at work and on the streets.
Some local governments already raised flags of condolence and set up amemorial table and flower offering stand at the tim e of former Prime
Minister Abe's private funeral, and there have been cases, such as theBoard of Education of Sanda City, Hyogo Prefecture, which requested
that flags be flown at half -staff at school sites. If the government
implements the state funeral, there is concern that this trend will befurthered, and such forced condolences are in violation of the freedomof thought and conscience (Article 19 of the Constitution) and are notpermissible.
May block criticism of former Prime Minister Abe and create divisions
among citizens
Prime Minister Kishida praises former Prime Minister Abe, saying that
his achievements in various fields, such as recovery from the Great East
Japan Earthquake, revitalization of the Japanese economy, anddevelopment of diplomacy based on the Japan -U.S. alliance, areoutstanding, and that is the reason for his state funeral. However, thatis exactly what the pros and cons are so widely divided on.
In July 2014, during his tenure, former Prime Minister Abe forced2

through a cabinet decision to change the government's long -held position
that the exercise of the state’ s right of collective self -defense which
is beyond the scope of exclusive defense would be a violation of theConstitution, and in 2015 he passed the Security Law, w hich authorized
the exercise of collective self-defense, over the objections of many
citizens. He also forced the passage of the Act on the Protection ofSpecially Designated Secrets, which shook the foundations of democracy,and Abenomics, which was desig ned to "make Japan the easiest country in
the world for corporations to operate," has significantly widened thegap between the rich and the poor among the people. In addition, former
Prime Minister Abe has brought about the Moritomo/Kake Gakuen issue, the"Cherry Blossom Viewing Party," and other allegations of privatizationof politics, and has repeatedly given false answers in the Diet, thetruth of which has yet to be revealed. Furthermore, the issue offalsification of administrative documen ts, which even resulted in asuicide, remains unresolved. We have criticized former Prime Minister
Abe's "achievements" on numerous occasions, it is impossible to "pretendthat they did not happen" due to his death. The unresolved issues must
continue to be investigated and verified, and legitimate criticism offormer Prime Minister Abe must never be allowed to be blocked.
In reality, however, attacks on criticism of former Prime Minister Abe
have occurred, as well as obstructions against those who are carr yingout street demonstrations criticizing the Kishida administration, thesuccessor to the Abe administration. There have been unfoundedaccusations that the court ruling that the Hokkaido police's action wasillegal in the case where the Hokkaido police suddenly removed anaudience who yelled during a speech by former Prime Minister Abe made itdifficult for the police to provide security for him. There have evenbeen unfounded accusations, such as the spread of false rumors that theshooter was a Korean living in Japan.
Holding a state funeral in this atmosphere would have to have an actual
effect of glorifying former Prime Minister Abe. As a result, there is astrong risk that this will spur attacks on former Prime Minister Abe'scriticisms, further contributing to divisions among citizens. If thishappens, free speech will not be guaranteed, and there is concern that
democracy will be endangered.
Opinions opposing the holding of a state funeral for former Prime
Minister Abe have already been expressed from all walks of life, and it
is clear that this is not an issue that should be decided by the Cabinet3

in a hasty manner. Therefore, JLAF strongly opposes the implementationof the state funeral for former Prime Minister Abe and calls for theimmediate withdrawal of the plan.

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