COURTING JUSTICE IN JAPAN
PART ONE:
FIRST "KOUTOU BENRON" COURT HEARING

By Plaintiff Arudou Debito

FOREWORD: IS FOREARMED
This is the first report on our court case against Yunohana Onsen and the City of Otaru. Our goal in these reports is to keep records for future reference. Others may also want to fight social injustices in Japanese court, since for cases of racial discrimination a lawsuit is currently the only avenue available to enforce Constitutionally-guaranteed protections. We hope that lessons we learn are shared with as many people as possible. I will be writing up legal proceedings and developments in dekiru dake real time, and we three three plaintiffs will pool our webbing skills as best we can by htmling documents, statements, and streaming recorded audio/visual media in two languages at our Otaru Lawsuit Website (http://www.debito.org/otarulawsuit.html).

Welcome to the dawn of the new century and democratized information dissemination. Let's get to work.




FIRST COURT HEARING
MONDAY, MARCH 26, 2001, 1:30 PM
SAPPORO COURT HOUSE, 8F 3-GOU HOUTEI


It has been nearly two months since we formally filed suit on February 1, 2001, against exclusionary bathhouse Yunohana Onsen and the City of Otaru for racial discrimination (full background at Otaru Lawsuit Website), and a lot has transpired in the interim. We faced over nine weeks of intense domestic press coverage (this is no understatement: my address book bears 29 individual reporter's names representing 25 separate press agencies, all of whom we have had interviews with); predictably mixed signals from friends, professional colleagues, and family; paper and electronic communications both supportive and threatening, and one death threat against my children. We saw rifts both open and heal between human rights groups we had interpersonally collaborated with, and worked on being both direct yet disarming between us as plaintiffs and the public eye. Bringing an issue before the court of public opinion is a complicated task. Now it was time to bring the issue to a real court--of law.

For those who may never have the pleasure, let me try to take you to a Japanese courthouse.

One of the first things you notice about one when you walk in is just how Spartan it is. I am used to the impressive Greco-Roman exteriors and marble-and-mahogany interiors of American halls of justice, but Japanese Saibansho (at least as far as I have seen in Asahikawa, Sapporo, and Kumamoto) are squeaky-clean zones of regular Japanese office space housed in square-upon-square Stalinist-style architecture. The only reason you know you are at a court and not in any other Japanese bureaucratic institution is the doorways and moulding--with veneers of generically-colored ersatz wooden panelling without a knot to be seen. The atmosphere for me is rigidity and sterility, like a crematorium, and I have always felt like if people are present they are intruding and are justsupposed to state their business and get the hell out. Like courthouses anywhere, they are not democratic in tone, but I feel Japanese courthouses lack any humanizing presence of being lived in.

Now join us as we walk that day's path inside.




It was 1PM on March 26, thirty minutes and counting before the start of the proceedings. We met our lawyer, Itou Hideko, across the street from the courthouse. After truing our neckties (we plaintiffs, that is) in a nearby shop window, we glanced ahead and saw TV cameras swarming at the front and back entrances of the courthouse (the police bring felons in the back way; fortunately we were to enter from the front). It would yet again start us wondering, like that day we were backstage at TBS on February 25, 2001, listening to people at "Koko Ga Hen Da Yo, Nihonjin" screaming at American panelists for their stupid submarines, what we were getting into.

It was time. As we walked towards the front courtyard, the cameras took aim and got their footage: the perfunctory establishing shot of all four of us approaching, then parting the waters through them as we entered the building. The cameras didn't stop rolling (even though they did not follow us through the doorway) when we stopped inside, and I doubled back briefly to ask them if and where they would like an interview after our hearing (they would, and just outside the gate of the courthouse would be fine). I also asked if they had copies of our prepared statements (they did), and then expressed gratitude for their coverage (natch). I then went back into the atrium where people we knew--Jerry, Colin, Gwen, Masako, Jiichan (my father in law) keeping steady with his cane--and more were trickling in and getting shoukaied around to friends and family. After getting through a logjam by the elevator we advanced to the eighth floor and found even more people upstairs, this time of all stripes. More of our supporters had been hanging about (some had even entered the previous hearing to make sure they got a seat), along with a couple of opponents (What do you say when you face Defendant Otaru City bureaucrats in the hallway? "Good morning", of course. They replied cordially in kind. Defendants from Yunohana Onsen didn't bother to show up.) and lawyers (who interpersonally seem to confirm the axiom that dogs match their masters). It was rather uncomfortable standing out there, occasionally looking through the trapdoor porthole in the courtroom door to see if we could enter. So we did what polarized people generally do for confirmation and consolation: clumping into camps and keeping spirits high.

High spirits came naturally, given what we soon realized was immense attention and an unanticipated level of public support. We had been asked a number of times by courtroom managers how many people would show up--and since my constant splashing of messages across the internet leaves me wondering how many readers were just glazing over, I honestly said we didn't know. But it turned out that at least thirty supporters (that we knew personally) attended, filling the Gallery beyond capacity. Our families and the journalists were given priority seating, but the fact that, even after every grade school kid had been positioned on laps, people were being turned away (since standing spectatoring in the Gallery is not permitted) made an impression on the attendees. Including the judges.

It became clear that nobody, including the court, was taking this case lightly. Most Japanese court cases are like visits to a Japanese dentist's office--come in several times, size up the situation, make some core drillings, and within a year or so you'll have a cavity removed and a filling in somebody's life. Okay, it's a stretched metaphor. The point is that many visits makes for a verdict somehow, and from what I have heard, these visits are basically five minutes in duration: hand in papers to the judges, receive confirmation from both sides that these are the documents or legal arguments requested, make an appointment for another meeting in a couple of months, then watch the judges retire through doors behind them to consider the evidence. We, however, were given a whopping THIRTY minutes to read statements (chinjutsusho) before the court--which, our lawyer's secretaries told me, they hadn't seen happen during their employ. Thus we may in fact be ultimately getting our day (i.e. a full day total, that is) in court.

A person in black judge garb at floor level called the court to order and had those standing in the Gallery cleared. Then everyone rose for the judges, who entered from doors behind their podiums and took their seats, a signal that everyone else may as well. The lone TV camera in the room was then allowed to roll film for two minutes (proceedings are not allowed to be recorded by moving picture--which is why on the evening news one always sees a Japanese courtroom frozen in time, save for bolt-erect blinking judges). The dead silence was a good time to look around and get a load of the layout.

A Japanese courtroom, wallpapered in featureless white and fluourescent-lit, is separated (like many of the world's courtrooms) into three distinct areas: 1) the Gallery in back, with about 60 low-backed movie theater chairs (one third generally allotted the media) for the public to witness as a non-voting jury, separated by a waist-high fence from 2) the Battleground in center, where the aggreived sit facing each other (i.e. not facing the judge) at tables running parallel to the walls, with a seated rostrum in the dead center of the room, with its back to the Gallery and facing 3) the Law.

Center-stage in the Law Section is high castle wall of a rostrum with three chairs, one for each judge. Designed to be at regular judge height (i.e. high above any possible standing heights, which means everyone must look up and feel subordinate), the rampart centers the senior judge, flanked by two younger judges, all in high-backed plush black leather chairs; the justices had melted into their chairs via matching black gowns ("black" to symbolize uncorruptability, because black will never change into a different color no matter how you try to dye it. Not joking.). In front of the castle wall at regular eye-level is a moat of a table, murus fosseque style, where the legal scriveners sit; a waist-high barrier blocks potential transgressors and Gallery views of their legs. At the corners of this fortress are regular table turrets, where four students of the law were witnessing today's proceedings on once side while a bailiff (I think) stood watch on the other. There was no jury box, by the way. Trial by jury is still a highly-disputed procedure in Japan (and not in practice as far as I know--though there are calls to institute jurors in criminal cases). Thus this would not be a trial by our peers, which, in a society where chances of foreign-background jurors are miniscule anyway, could cut both ways.

The center judge who had been assigned our fate, Mr Sakai, was a dignified-looking man in his late fifities of some grey and wrinkles. His balanced weight, height, and temperament indicated to me a life of discipline. His stern face had eyes sizing things up quickly, never leaving those to whom he was addressing. The two other judges were a man in his forties and a younger woman of maybe mid-thirties, who kept their eyes deferential and never spoke throughout the proceedings. There were no nameplates anywhere to give any sense of identity, and nobody talked to the judges directly except the lawyers.

Judge Sakai opened by confirming certain submitted documentation with the lawyers, then signalled that we were to begin speaking. We three plaintiffs moved to a bench in the center by the Gallery gate, and in turn sat before the judges at the central lectern reading prepared statements, Olaf, then Ken, and me bringing up the rear.

The statements were each six minutes, so in the interests of a brevitized report I won't repeat. You can read them in Japanese and translation at http://www.debito.org/chinjutsusho032601.html. Olaf's and Ken's read aloud were very moving. When I read mine, I made sure to look up and see how people seemed to be receiving it. Observation: The legal students seemed to be emoting, but the trained judges betrayed no discernable emotion whatsoever--save the Mr Sakai, whose eyes burned through me throughout on a soul probe. I have no idea if he could sympathize at all.

Once I had finished, the court hearing switched off like a tap. Within one minute the judge confirmed with the three lawyers that Monday, May 7, 10:30 AM was an amenable time for the next hearing. Then without ceremony they rose and returned to chambers at 1:56 PM, ahead of schedule.

Now came the unwinding as the front two thirds of the courthouse room instantly emptied. Defendants and their representatives cleared out almost as fast as the judges, leaving only us plaintiffs and a Gallery full of supporters, who came up to give us a recharging gush of compliments. Other possible plaintiffs who chose different routes of protest shook our hand and said we we were doing the good thing. As we exited to find more latecomers in the hallway who had waited for us to appear, our kids acted relieved that it was all over and made it clear they wanted to go home. But things were not over yet. There were still about twenty reporters with cameras and mikes waiting outside the front of the courthouse. Outside we three trooped to cross the T's and dot the eyes.

After opening with thanks for waiting so long, I said we had no other prepared statements and would welcome questions. They came: "What do you make of the Defendants' counterarguments to your points in the legal brief?" I said that we need to study those further and more closely before comment. "Why are you doing this?" was answered by all three of us in turn, reiterating the things about Japan's future, our children, and legal, international, and social obligations. I don't remember specifically what else Ken and Olaf said, but when the interview looked a bit petering, I broached the subject of the next step in all of this: legislation (houseika).

"What do mean by legislation? What's wrong with taking it to court and leaving it at that?" asked one reporter. Softball question. I stressed again the 1995 treaty obligations that Japan has which call for us to institute anti-racial discrimination legislation, especially as Japan is the only developed country without it. And taking it to court just means case-by-case 'mole-bashing' (mogura tataki) of discriminators. Instead, Japan should be enforcing the protections that our country (wagakuni)'s Constitution guarantees us through enforcable laws. Japan has already reached the social and legislative conclusion that in the cases of ijime (bullying) or stalking, it is the victim who must be listened to and protected. Now listen to us, the discriminated against.

I stressed that I had been negotiating over the past month to meet with Minshutou leader and Hokkaido Diet rep Hatoyama Yukio's office, to discuss the possibilities of legislation. However, I had been recently told that he would not meet me on his next trip up here. That was disappointing, but I said I would be contacting other political parties to see about their standpoints and will to protect all of Japan's residents. I would be keeping the press posted on developments.

(My emails to Hatoyama's Sapporo office and the press may be read in Japanese at: http://www.debito.org/hatoyamaemails.html)

And that was about it. We took our leave and the press went off to do their job. Our case was featured in the newspapers this morning, March 27, but as the new information was more aural this time around, we got soundbites on all the March 26 Hokkaido evening news programs. HBC Radio featured us in a 30-minute broadcast at 8:30 PM last night (already downloadable except the first ten seconds at http://www.debito.org/HBC20010326.ra , streamable via freely downloadable Real Player. If you prefer something in English, listen to an eight-minute interview with me on Canadian Broadcasting CBC February 22 at http://www.debito.org/CBCAsItHappens20010222.ra). HBC's soundbites from oldies, saying bathing with foreigners is impermissable because they offend the nostrils and spread disease, shows the issue and discussion is fermenting indeed.

And as I was waiting for the hourlong HBC documentary to come on at 2AM this morning I got my first mysterious midnight phone call in over a month. It seems that things are going back to normal, in a sense, as the machinery of the judicial system makes its impression on the public. Maybe this is why the courts in Japan are so slow--to let the Japanese public react to all the developments on a slow burn.

Next report after our second hearing, on May 7, 2001.

Arudou Debito
Sapporo
March 27, 2001

(go back to the Otaru Lawsuit website)