Japanese officers' families challenged reports of race to decapitate Chinese soldiers.
300.000 victims of Nanking Massacre.
A lawyer representing the families of two Japanese soldiers executed in China for atrocities in the advance on Nanjing in 1937,then known as Nanking,has confirmed that he is ready to take the campaign for an apology and compensation from Japanese media all the way to Japan's Supreme Court.
The Tokyo District Court yesterday dismissed a claim by the soldiers' families that reports published in the Asahi newspaper and the predecessor of the Mainichi that the two men had competed to see who could be the first to cut the heads off 100 Chinese soldiers were a fabrications.
The original article was written in the style of a sport report,which the Tokyo Nichinichi headlined in 1037 as " Super record 100 cut down ; Mukai at 106 vs Noda at 105.The two lieutenants in play-off ".The families deny that the incident ever happened.
The relatives demanded 36 m yen in damages from the Mainichi and the Asahi,which ran a story in 1971 by journalist Katsuichi Honda confirming that the competition occured.Honda was also named in the suit.
"It was wholly reasonable ruling.There is no room for doubt about it " said Honda " Bringing such historical topics into a courtroom appears to be an attempt to deny the Nanking Massacre or the agression in China".
Katsuhiko Takaike,the lawyer who has represented the families of Toshiaki Mukai and Takeshi Noda for the past two years,said " We are very disappointed with the ruling but we will file our appeal to the high court within the next two weeks.
"If that is not successful,then we are ready to go to the Supreme Court and I believe we have a chance to win.I'm optimistic because the court admitted that some parts of our case are accurate ".
Both men were executed after the war after being tried by Allied tribunals.The families' case was seriously undermined,however,by the fact that the two lieutenants had agreed to publish their stories and made no effort to hide their involvement in the killing of civilians and prisoners of war ,as well as soldiers.
"The lieutenants admitted that they were in a race to kill 100 people " judge Ako Doi told the corut." It is undeniable that the article included some errors and exaggeration,but it is difficult to say that it ws entirely fiction and not based on fact "
The families first filed the case in April 2003,saying they could no longer tolerate reading reports that they considered defamatory.
Japanese courts have rejected suits seeking damages.saying compensation is made between states.not individuals.
Beijing says about 300.000 civilians died when Japanese troops embarked on an orgy of destruction,raped and murdered in Nanking.Allied trials of Japanese war criminals documented 140.000 victims.
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