The government withheld necessary evidence making legal action impossible. Now that evidence has been discovered and the government of Japan can no longer deny the facts, Japan should not be allowed to escape the duty to compensate on the grounds that legal actions were not filed until now. In my view, such a situation would be repugnant to the principles at stake and would further compound the violations against these plaintiffs. If there is to be a time bar, it should only begin tolling when the withheld information came to light. As these actions have been filed within a very short time following the discovery of necessary documents and must be allowed to go forward.
Violators have the obligation to provide full compensation to victims.
Accordingly, until plaintiffs in this case receive the compensation to which they are entitled, they are victims of an on-going violation by Japan of the failure to provide adequate redress. Plaintiffs in this case are entitled to all current international human rights law binding on Japan relating to procedures for seeking and receiving relief for violations. The Japanese judicial system is now bound to comply with all provisions of international human rights law relating to judicial function. Article 7 of the Universal Declaration grants all persons equality before the law. Because of these binding post- War rules, plaintiffs in this case are entitled to seek compensation now in Japanese courts even if such a court may improperly deny claims under the Hague Convention.