Court Decision against Concealing Abenomask Documents

Osaka District Court overturned a governmental decision of not disclosing documents on negotiation between the government and its contractors dealing with procurement of masks, known as Abenomasks, during the breakout of COVID in 2020. The court dismissed the argument of the government of Japan that no such document existed. The court decision accused undemocratic tendency of concealing information from public eyes. 

When COVID-19 spread all over Japan in 2020, Abe brought confusion in executing policies for containment. His unilateral issuance of comprehensive school closure and declaration of emergency was highly unpopular among the people. As he realized shortage of masks made of high-tech fiber blocking viruses in drug stores, Abe announced that the government would distribute traditional cotton-made masks for free. It brought sarcasms among the people. Abe stepped down as the prime minister with disappointment on his COVID policies soon after the failure of Abenomask policy.

 

It was discussed that distribution of Abenomasks did not contribute to contain COVID infection, and that it was just a waste of money. A Professor of Kobe Gakuin University, Hiroshi Kamiwaki, who is well known as the man who first accused secret kickback fund of Abe faction in the Liberal Democratic Party, made a request to disclose how the contract of purchasing the masks had been made.

 

It was already revealed that the government procured about 300 million masks with expense of 40 billion yen. After the government distributed them to the people all over Japan for free, 83 million masks remained without being received by the people, in spite of shortage of masks. Kamiwaki was wondering about what kind of contract brought that result. Although the government disclosed documents about contracts or price estimation, they refused disclosing emails on the conversation with the contractors.

 

In the trial, the government insisted that related emails had been discarded. The plaintiffs obtained those emails from the contractors and presented to the trial. The court concluded that it was incredible for the government not to keep their emails, even considering busy situation at the time, and ordered the government to pay 110 thousand yen of compensation.

 

The case has the same basis as Moritomo scandal in Abe administration. To the request of disclosing documents about decision of Ministry of Finance to sell land property to Moritomo Gakuen, the government dismissed it arguing that such documents did not exist. It later admitted that the document was in the ministry, but disclosed documents with some missing pages which were related to involvement of lawmakers.

 

Concealing information from public eyes is an ordinary behavior of bureaucrats. The lawmakers are in charge of overseeing their mismanagement of public resources. However, Abe administration has been losing grip on it, especially on the issues inconvenient to his administration. Although the government is likely to appeal it to the higher court, the judicial decision on this issue will have significance on treatment of public record.

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