Henoko Boat Capsizing Accident: 11th Regional Coast Guard to Conduct Judicial Autopsies on the Two Deceased – Focus on Decision to Depart and Where Negligence Liability Lies


In the accident where two boats carrying students from Doshisha International High School (Kyoto) on a peace studies trip capsized off Henoko in Nago City, Okinawa Prefecture, resulting in the deaths of two people, the 11th Regional Coast Guard Headquarters (Naha), which is investigating on suspicion of professional negligence endangering navigation and professional negligence resulting in death or injury, decided on the 18th to conduct judicial autopsies on the two deceased. In the ongoing investigation, the decision to set sail and the location of negligence liability are expected to become the key focus.
According to investigation sources, judicial autopsies will be performed on the deceased captain of the protest boat "Fukutsu," So Kanai (71), and the second-year female student (17) from the same school who was aboard the "Heiwamaru" and died, in order to determine the causes of death and identify the reasons for the capsizing.
According to the 11th Regional Coast Guard, both boats capsized in almost the same location where coral reefs spread across the seabed. At around 10:10 a.m. on the 16th, the "Fukutsu" capsized first, followed about two minutes later by the "Heiwamaru." Just before the accident, the Coast Guard's rubber boats had warned the two vessels, saying things like "Waves are getting higher, so please navigate safely." The Coast Guard believes the two boats capsized after taking large waves and is investigating the situation at the time.
According to a person involved with the "All Okinawa Conference," which is linked to the "Helicopter Base Opposition Council" that operated the two boats, the captain of the "Heiwamaru" reportedly said that upon seeing the "Fukutsu" capsize first, he faced a dilemma—"Should I prioritize rescuing them, or evacuate the students on the Heiwamaru?"—but ultimately headed toward the sinking boat.
Neither of the two boats was registered as a business under the Maritime Transport Act, and the Okinawa General Bureau Transport Department of the Cabinet Office, equivalent to a regional transport bureau, is gathering information on the operational forms of the two vessels.
Yoshiyuki Nakamura, co-representative of the Helicopter Base Opposition Council that operated the boats, explained the reason for not being registered as "because it was done on a volunteer basis." However, even if transport is provided free of charge in response to others' needs, registration is required, along with the establishment of safety management regulations and stipulations on decisions to depart.

by Bright_Fuel2271