READ THIS. WE WILL TALK ABOUT IT NEXT WEEK IN CLASS AND I WANT YOUR THOUGHTFUL OPINIONS ON IT. Clark

CONVICTED FOR SPILLING BEANS ON SECRET OKINAWA TREATY
Reporter who blew whistle on state shenanigans sues for redress

By KEIJI HIRANO
Kyodo News

The Watergate scandal forced a U.S. president to resign and turned two journalists into national heroes, but a diplomatic scandal in Japan involving a secret pact with the United States over the 1972 reversion of Okinawa resulted in the convictions of the journalist who reported it and his "Deep Throat" source.

Takichi Nishiyama, a former political reporter at the Mainichi Shimbun, has broken a 30-year silence to clear his name, backed by U.S. government documents released in 2000 and 2002 that back his report on how Japan secretly shouldered $4 million in social costs for Okinawa's reversion to Japanese sovereignty from the U.S.

"The existence of the secret deal has been proved three times -- first by my report and again by the two U.S. documents. However, the Japanese government has continuously denied it," Nishiyama, 73, said.

Nishiyama was indicted in April 1972 along with a Foreign Ministry secretary for persuading her to show him classified internal documents about the negotiations over Okinawa's reversion, including the secret pact. Both were accused of violating the National Public Services Law.

He left the daily in 1974 and his conviction was finalized by the Supreme Court in 1978. The secretary never appealed the initial guilty sentence.

But in late April, nearly 30 years later, Nishiyama filed a damages suit at the Tokyo District Court, seeking 33 million yen from the state, claiming he was illegally charged and forced to end his career as a journalist.

"It is a state crime to submit a false treaty text to the Diet (covering up the existence of the secret agreement) for discussion and approval, and it is an abuse of power to indict a reporter who tried to inform the public of the state crime," the complaint said.

The legal battle has raised expectations that the secret bilateral agreement will come to light when the trial starts on July 5.

When authorities started investigating the case, they were criticized for suppressing freedom of the press.

But the public started viewing the issue as a scandal instead of diplomatic intrigue when the indictment stated that Nishiyama "had an affair with her secretly and urged her to bring him the documents."

"It is quite regrettable that the initial argument over the existence of the secret deal was easily shifted to how Mr. Nishiyama had obtained the classified documents," said Yasuhiko Tajima, professor of journalism at Sophia University.

"The focus of this issue was on the secret pact, but the government successfully took the spotlight off the diplomatic issue," he said.

"In this damage suit, we need to question the responsibility of the government, which still denies the secret agreement."

The two U.S. documents that prompted Nishiyama to file the damages suit indicated Japan assumed $4 million in costs the United States was supposed to pay to restore Okinawa's land to its original state, and that Japan asked the U.S. to flatly deny the existence of the pact to the press.

Even after the release of these documents, successive foreign ministers and chief Cabinet secretaries denied the secret pact existed.

"The denial by current government officials means the state crime is continuing," Nishiyama said.

"I might be tarnished again in the coming court battle, but I want to (demonstrate) that it is not an issue of more than 30 years ago, but a current problem," he said. "The government will not be able to easily lie to the court this time."

The lawsuit comes at a time when Japan and the United States are discussing ways to accommodate the global realignment of the U.S. military.

After retiring from the Mainichi Shimbun, Nishiyama returned to his hometown, Kitakyushu, where he got involved in a family business.

Michio Sato, the Tokyo prosecutor who drew up Nishiyama's indictment, said the investigative team only focused on how the internal Foreign Ministry documents were acquired and did not address whether the secret pact existed.

"It is unforgivable to seduce the secretary to bring out classified documents," said Sato, now a member of the House of Councilors.

"Even if he tried to reveal a national secret, his criminal act will never be cleared."

Sato also said he wrote the description of Nishiyama's relationship with the ex-secretary into the indictment to inform the public of the nature of the incident.

"It was just like a reporter committing theft. Can a journalist do anything for a story?"

Lawyer Katsumi Fujimori, who is representing Nishiyama, said the appropriateness of the ex-reporter's news-gathering activities will be argued in court. "Mr. Nishiyama could not deliberately ignore the government's treachery after he knew it," he said.

Fujimori also said he aims to have the court practically rescind the guilty verdict against Nishiyama.

Sophia's Tajima also defended Nishiyama's actions.

"I do not think it is an ethical matter if his news-gathering was appropriate. It is not a legal issue either."

Looking back at the investigation into him and his source, Nishiyama said that while he had "an equal relationship" with the woman, the prosecutors used it as an excuse to indict them.

"I believe the indictment was politically motivated," he reckoned.

Masaaki Gabe, a professor at the University of the Ryukyus who found one of the U.S. documents in 2000, said he expects the court to present its views on the secret pact when it concludes the lawsuit. "That is what Mr. Nishiyama is seeking beyond compensation, I believe," he added.

"While I happened to encounter the document as a researcher, it would be my honor if the document can enable a man to retain his credit or pride," he said.

The Japan Times: June 10, 2005
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