Kobe court to use video link in bullying case

The Yomiuri Shimbun
October 27, 2007
Source: http://www.yomiuri.co.jp/dy/national/20071027TDY04304.htm

The Kobe District Court has decided to have the defendants in a damages suit over bullying watch plaintiffs' testimony via a video link to the courtroom, it has been learned.

An 18-year-old boy and his parents filed a damages suit in January against one of the boy's former classmates, a 19-year-old boy who allegedly played a major part in the bullying while they were attending a prefectural high school in Kobe, and his parents. They had demanded about 20 million yen in compensation.

The video link system is designed to alleviate a victim's stress by facilitating testimony and statements via a television monitor from outside the courtroom. However, it is unusual for the system to be used in a civil suit.

The Kobe court introduced the system prior to the revised Civil Procedure Code, which is to be enforced next year.

In the complaint, the boy claims he was repeatedly bullied by his classmates, including being tied up with rope, between 2005 and 2006.

The classmates insisted they had only made fun of him rather than physically bullying him. The district court therefore decided to question the victim and the defendants in connection with the case.

The boy suffered from autonomic nervous system dysfunction due to psychological trauma caused by the bullying and is currently being treated at a hospital.

He submitted a report to the district court along with his doctor's statement that the mere sight of his former classmates might cause him to lose consciousness because it would remind him of the bullying.

The court will first question the victim, followed by the 19-year-old boy. During the questioning of the victim, the defendants will listen to his statements via a video monitor in a separate room. The victim will leave the courtroom as soon as the questioning ends.

In May last year, the Hyogo prefectural police sent papers to prosecutors on the three students on suspicion of physically abusing the boy. Two of them were put on probation, while the other one was not punished.

The video link system was introduced in June 2001 at criminal hearings to protect victims. However, as there are no provisions concerning the system for civil hearings, measures for the protection of victims are left to the discretion of the judge.

However, there has been demand for the video link system as the court also questions defendants when they file counter civil suits. The government decided to introduce the system in the revised Civil Procedure Code that was adopted this year.

(Oct. 27, 2007)