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Aum Shinrikyo and the Japanese Law on Bioterrorism

Published online by Cambridge University Press:  28 June 2012

Masaaki Sugishima*
Affiliation:
School of Law, Asahi University, Gifu, Japan
*
School of Law, Asahi University, 1851 Hozumi, Mizuho, Gifu, 501–0296 Japan, E-mail: msugi@attglobal.net or Sugi@alice.asahi-u.ac.jp

Abstract

Before the sarin incidents in Tokyo and Matsumoto, the Aum Shinrikyo (now Aleph) had tried to conduct bioterrorism with botulinum toxin and Bacillus anthracis. Followers of the Aum could not overcome technical difficulties inherent in developing biological weapons, and the perpetrators had not been prosecuted for their failed attempts of bioterrorism. But the Aum's biological attack revealed several shortcomings in the Japanese law that regulated biological weapons. Since the missile experiment of North Korea conducted in 1998, the Japanese government has come to consider the threat posed by biological weapons more seriously. In 2001, after the 11 September 2001 terrorist attacks and the series of anthrax letter scares in the United States of America, the Japanese government established its Five Basic Principles for Chemical and Biological Weapons Terrorism and several measures were taken at the central and local levels. Activities of the Aum have been monitored by the Public Security Investigation Agency and the National Police Agency under the Anti-Aum Law since 2000.

Type
Special Reports
Copyright
Copyright © World Association for Disaster and Emergency Medicine 2003

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References

1. Comment of Bruce Hoffman mentioned in the staff report titled “Global Proliferation of Weapons of Mass Destruction: A Case Study on the Aum Shinrikyo. Global Proliferation of Weapons of Mass Destruction”, Hearings before the Permanent Subcommittee on Investigations of the Committee on Governmental Affairs, United States Senate, 104th Congress, 1st Session, Part 1, 31 October and 01 November 1995, p 47.Google Scholar
2. This law was amended in December 2001. See infra.Google Scholar
3. Hearings in note 1, p 50.Google Scholar
4. Prosecutors' Opening Statement at Asahara's Court Trial, 25 April 1996, in Kyodo Tsushin Shakaibu (Social Affairs Bureau of Kyodo News Agency), Sabakareru Kyoso (Guru under His Trial), Kyodo News Agency (1997), pp 254255 (Japanese).Google Scholar
5. In Asahara's view, killing people to stop culminating their bad Karma was a righteous conduct. The Aum justified their chemical and biological terrorisms with this doctrine.Google Scholar
6. Asahara might have been inspired by the balloon bomb operation of the Imperial Japanese Army during World War II.Google Scholar
7. An Aum's medical doctor told another senior follower that they could not have cultivated Clostridium botulinum successfully. Tokyo District Court, Judgment on Murder and Other Cases of Tomomitsu Niimi, 26 June 2002, Hanrei Jiho; 1795:61. (Japanese).Google Scholar
8. Niimi was prosecuted for Tokyo and Matsumoto sarin incidents, the 1989 assassination of the Attorney's family in Yokohama, the use of VX against critics of the Aum and other cases. Tokyo District Court sentenced him to death. For the profile of senior Aum followers, see Hearings in note 1, pp 57,83–84.Google Scholar
9. Though “Clostridium botulinum-like substance” is a vague expression, the Aum seemed not to have cultivated the pathogen successfully yet. Judgment in note 8, p 61.Google Scholar
10. It is not clear form the judgment whether the case really contained Clostridium botulinum. Location of the purification plant was not specified. Judgment in note 7, p 61.Google Scholar
11. Judgment in note 7, p 65.Google Scholar
12. Anonymous: Disseminators were Filled with Clostridium botulinum, Asahi Shinbun, 11 June 1995 (Japanese). Testimony of Yoshihiro Inoue at Asahara's Court Trial, 22 November 1996. Chunichi Shinbun, 23 November 1996.Google Scholar
13. Judgment in note 7, p 64.Google Scholar
14.Iku, Asou, Gokuhi Sousa (Secret Investigation), Bungei Shunjyu, 1997 pp 1113. (Japanese).Google Scholar
15.Takashashi, H, Keim, P, Kaufmaann, AF, Keys, C, Smith, KL, Taniguchi, K, et al: Bacillus anthracis incident, Kameido, Tokyo, 1993. Emerg Infect Dis 2004: 10(1):117–120.Google Scholar
16. Prosecutors' opening statements in note 4, p 255.Google Scholar
17. For forgoing biocrime cases, see, Iserson, Kenneth V., Demon Doctors, Galen Press, 2002, pp 298302.Google Scholar
18. The Japanese government estimated the Aum's assets approximately $1 billion. Hearings in note 1, p 57.Google Scholar
19. Interfax Agency, Former Security Chief Lobov Questioned over Involvement with Japanese Sect, 06 May 1997.Google Scholar
20. One senior follower of the Aum mentioned Dr. Anatoly Volobyov, first deputy director of Biopreparat whose primary function was to develop and produce biological weapons in the Soviet Union. Fumiya Hitotsubashi, Aum Teikoku no Shotai (The Truth about the Aum Empire), Shincho 45+, May 1996, p 160 (in Japanese);Google Scholar
Alibek, Ken with Handelman, Stephen, Biohazard, Random House (New York, 1998). p 27.Google Scholar
21. Anonymous: The Japanese Law is Incomplete to Make Terrorist Responsible for their Bioterrorism, Mainichi Shinbun, 15 November, 1995. (Japanese).Google Scholar
22. Detailed discussion on these laws, see Asada, Masahiko, National Implementation of the Chemical Weapons Convention in Japan, The Japanese Annual of International Law 1996; 39: 1954.Google Scholar
23. Kyodo News Service, Legal Procedures to Outlaw Aum Announced by government, Japan Economic Newswire, 20 December, 1995; Jiji Press, Aum Disbandment Request Turned Down, Jiji Press Ticker Service, 31 January 1997.Google Scholar
24. Kyodo News Service, Obuchi Seeks Prompt Action against Aum, Japan Economic Newswire, 27 December 1999; Kyodo News Service, Public Security Panel Approves Aum Surveillance, Japan Economic Newswire, 31 January 2000.Google Scholar
25.Zilinskas, Raymond: Preparedness for Biological Events in Japan and the United States, In: Sugishima, Masaaki (ed), A Comprehensive Study on Bioterrorism. Center for Legal Studies Monograph, no. 6 (Asahi University), 2003. (in press).Google Scholar
26.Yamanouchi, K, Mise, K:, Creeping Bioterrorism, NHK Book, 2003, pp 237239. (Japanese).Google Scholar