Narita cops allegedly stopping newly-arrived “foreigners” for passport checks before boarding Narita Express trains

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog.  Just got this from someone who wishes to remain anonymous:  Cops in Narita are carding and passporting people trying to take trains into Tokyo after arriving and going through Immigration (i.e. not in any security zones).

Anyone else experiencing this in Japan’s airports?  Of course, I have on several occasions (one here and another here).  Others, please pipe up.  As the author says, this passport checkpoint coming so fast on the heels of Immigration checks is a bit much.  And if you want to do something about this, click here.  Arudou Debito in Sapporo

===============================

September 16, 2009 11:26:32 AM JST

Don’t really want to open a can of worms here, and would prefer that this stay anonymous if blogged, but I was stopped by the police in Narita airport after returning from a two-week trip to the states yesterday.

There were many officers deployed in a couple of lines to catch anyone comming off the escalators to the trains out of the airport.  They were carrying clipboards and stopping anyone who looked foreign for a “passport check.”

The officer stopped me also looked at my gaijin card and asked for my phone number.  I went along with it uncomplaining, not much I could have done, but I thought it was particularly egregious comming so shortly after immigration had checked my passport (and gotten my picture and fingerprints) not half an hour before.

I’ve lived in Japan for four years, gone abroad many times, always take the train to and from the airport, but this was the first police “passport check” I’ve ever had.

Saddened, Anonymous NJ Resident of Japan

===============================

ENDS

Japan Times: New “lay judge” court system sentences first NJ

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog.  Here’s an event worthy of mention on Debito.org:  Japan’s “Lay Judge” system (meaning jurors, kinda — see more here) pass their first ruling on an NJ defendant.

I am in support of jury systems (I’ve seen firsthand what aloof and removed judges can do even in the most commonsensical court cases), and they seem to have sped up the process for criminal cases (for better or worse).  It has also resulted, it seems according to the article below, in better court interpretation (one big problem with Japanese criminal procedure — there is no certification procedure for quality control).  Comments?  Arudou Debito in Tokyo

====================================

Lay judges hand prison term to first foreigner (Excerpt)
Saturday, Sept. 12, 2009

http://search.japantimes.co.jp/cgi-bin/nn20090912a9.html

SAITAMA (Kyodo) The first foreign defendant to be tried in a lay judge trial was sentenced Friday to five years in prison at the Saitama District Court for two counts of robbery resulting in injury.

The case involving the 20-year-old Filipino man was also the first in which interpreters were used in a lay judge trial.

The defendant, who cannot be named as he was a minor when he committed the crimes, was charged with assaulting two people, along with two other juvenile accomplices, on streets in Saitama Prefecture last December and taking a total of ¥37,000 in cash and other items in the two assaults…

The lay judge system, which debuted in May, requires courtroom participants to make their arguments orally so trials are easier for people who are not legal professionals to follow, which in turn means more work for the interpreters in cases involving foreign nationals.

Much of the focus in the latest case was on whether the two Tagalog interpreters could accurately convey the tone of the remarks and how their interpretation might affect the decisions of the lay judges.

As of April, there were some 4,000 courtroom interpreters covering 58 languages.
Full article at

http://search.japantimes.co.jp/cgi-bin/nn20090912a9.html

ENDS

SITYS: Japan Times confirms that 74-year-old tourist WAS indeed incarcerated for 10 days for carrying a pocket knife

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=Foreign Residents and Naturalized Citizens Association forming NGO\" width=「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog.  After a very nasty discussion on Debito.org last month, regarding the validity of a story by Brian Hedge that a 74-year-old tourist was incarcerated for more than a week just for holding a pocket knife, the Japan Times has come through (The only media to bother — subscribe to the paper, everyone!  Who else you gonna call?) and confirmed that it actually did happen.

It sure would be nice for the anonymous nasties who raked people over the coals to capitulate now.  How ’bout it?  Arudou Debito in Sapporo

==================================

The Japan Times Wednesday, Aug. 26, 2009
Tourist’s 10-day detention rapped
Lawyers say elderly American should never have been jailed for holding small pocketknife
By MINORU MATSUTANI Staff writer (excerpt)

http://search.japantimes.co.jp/cgi-bin/nn20090826a4.html

It all started when an American tourist asked a police officer for directions to the Kinokuniya bookstore in Shinjuku Ward, Tokyo.

The Californian, 74, could never have imagined the officer would reply to his question with: “Do you have a knife?”

He could never have dreamed, either, that his possession of a pocketknife, which he calls a “customary personal item,” would be illegal in Japan and lead to 10 nights in detention, the man told The Japan Times during a recent interview.

“It was unpleasant and disappointing,” he said.

The actions by police, including asking the man if he was carrying a knife, are questionable, lawyers said.

In particular, they say 10 days in detention is problematic — although unfortunately in Japan not uncommon.

“I seriously doubt the man needed to be detained at all,” said lawyer Kazuharu Suga, who has been assigned to defend the American.
“Police should have confiscated the knife and released him after getting answers for why he came to Japan, where and how long he plans to stay in Japan and how he got the knife,” Suga said.

“Unfortunately, in cases like this, 10 days of detention is not unusual,” he said, adding that a foreigner could be held longer if police have linguistic trouble communicating with the suspect…

Rest of the article at:
http://search.japantimes.co.jp/cgi-bin/nn20090826a4.html

The Japan Times Community Page ran a series of responses on Tuesday from readers, many outraged, by this treatment. Here they are:

============================
One pocket knife, nine days’ lockup
Following are a selection of readers’ responses to the July 28 Hotline to Nagatacho column headlined “Pocket knife lands tourist, 74, in lockup.”
The Japan Times Tuesday, Aug. 25, 2009

 

“Truly a horror story…”

Rest at http://search.japantimes.co.jp/cgi-bin/fl20090825hs.html

ENDS

Yomiuri, Sankei, FNN: Sakai Noriko’s husband fingers NJ dealers as source of their drug habit

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog.  It’s all over the news these days, probably receiving more press than even when Michael Jackson died.  Celebrity Sakai Noriko (and her husband)’s arrest for drug use.  The word “junkie” has certainly entered the lexicon.

The latest:  Despite Noriko’s yakuza connections, her husband is saying foreigners supplied their drug habits.

Turning the keyboard to some concerned NJ residents of Japan, who poignantly foresee not only hypocrisy, but a reinforced spate of NJ crackdowns for drugs.  Anonymized.  Arudou Debito in Sapporo

============================

FIRST COMMENTER:

Debito, With all of the Sakai NoriP news going on, the Yomiuri was quick on the uptake to speculate that foreigners may be the source for drugs:

http://www.yomiuri.co.jp/national/news/20090808-OYT1T01095.htm

(Off topic: I found this sentence to be particularly flawed:
繁華街では外国人グループによる密売が目立ち […] Hardly very 密売 if it is 目立ち.)

酒井容疑者の入手ルートは?
違法薬物は若者が出入りする都心のクラブや周辺の路上で堂々と密売され、それが友人や知人の間で広まるなど、暴力団を中心とした闇ルートだけでなく、入手ルートが多様化している。
警察庁によると、違法薬物は東京・六本木など繁華街で取引されることが多く、今年1月に神奈川県警に大麻取締法違反容疑で逮捕された大相撲の元若麒麟(懲役10月、執行猶予3年の有罪判決が確定)も「六本木の路上で外国人から大麻を買った」と供述。今月3日に麻薬取締法違反容疑で逮捕された俳優の押尾学容疑者(31)も、港区六本木のマンションの一室で合成麻薬MDMAを服用していた。
繁華街では外国人グループによる密売が目立ち、昨年1年間に全国で逮捕された違法薬物の密輸・密売人544人のうち外国人は128人。白昼に路上で密売していたケースもあった。
最近ではインターネットによる取引も増え、今年3月には、ネットにサイトを開き、全国の約1200人に覚せい剤を売っていた無職の男(47)ら3人が岩手県警に逮捕されている。
こうして流れた違法薬物が友人や知人の間でやり取りされる事件も発覚し、昨年11月に福岡市のクラブで覚せい剤などをやり取りしたとして客ら8人が逮捕されたほか、慶応大男子学生による大麻所持事件でも、昨年7月に日吉キャンパスで学生同士が大麻を売買していたことが判明している。
薬物依存者の社会復帰支援を行う「日本ダルク」(本部・東京)は「覚せい剤や大麻などは、以前は特殊な人間関係がなければ入手は難しかったが、最近は誰でも入手できる。依存者の多くもごく普通の人たちで、薬物が身近にあふれているため、心理的な抵抗感が薄れているのではないか」と指摘している。
(2009年8月9日03時23分 読売新聞)

Now just wait for it… as we all knew would be coming, her husband Takasō puts the blame on foreigners for the drugs:

http://www.fnn-news.com/news/headlines/articles/CONN00160724.html
夫の高相祐一容疑者(41)は、[…] 逮捕された当初は、「路上で外国人から買った」などと話していたという

酒井法子容疑者覚せい剤事件 覚せい剤は「夫からもらったものを使った」

覚せい剤取締法違反の疑いで逮捕された酒井法子(本名・高相法子)容疑者(38)が、覚せい剤の入手経路について、「夫からもらったものを使った」などと供述していることが新たにわかった。
酒井容疑者は、東京地検の7階で検察官の取り調べを受け、東京地裁で拘置尋問が行われることになっている。
これまでの警視庁の調べに対して、酒井容疑者は「去年(2008年)の夏以降、主人に覚せい剤を勧められて吸っていた」、「主人と一緒に吸っていた」などと供述していて、さらに、吸っていた覚せい剤の入手経路については、「夫からもらったものを吸っていた」などと供述していることが新たにわかった。
夫の高相祐一容疑者(41)は、「夫婦でやっていた。わたしが勧めた」と供述しているが、逮捕された当初は、「路上で外国人から買った」などと話していたという。
警視庁は、それぞれの供述について、裏づけ捜査を進めている。
また酒井容疑者は、長男を預けた同級生の親に対して、姿をくらました直後に、現金50万円余りが入った郵便物を速達で送っていたことがすでに明らかになっているが、そこには「息子をよろしくお願いします」という内容の手紙が添えられていたことも新たにわかった。
警視庁は、酒井容疑者が姿を消していた6日間の足取りについても捜査している。(08/10 14:09)

It’s such a familiar story, so I can’t say that I am surprised in the least. Hopefully it doesn’t lead to increased racial profiling or another wave of urine tests.

============================

SECOND COMMENTER:

NHK news reported this evening that her husband is telling the police his source of stimulant drugs was a “gaikokujin.” I’ve seen it in several other places on the TV news.

It might even be true, but these guys are just agents of the yakuza who assume the risks of dealing with the end-users. I also fail to understand why an unproven gaikokujin connection makes it any different from buying it from a Japanese. What it does do is get police off the hook about having to track down and arrest the source of the man’s drugs. In other words, a cop-out. Sheeesh….

【酒井法子覚醒剤】「外国人から買った」夫が供述
警視庁渋谷警察署に移送された酒井法子容疑者(斎藤浩一撮影)
産經新聞 2009.8.10 19:28
http://sankei.jp.msn.com/affairs/crime/090810/crm0908101928022-n1.htm
覚せい剤取締法違反(所持)容疑で逮捕された女優の酒井法子容疑者(38)=本名・高相法子=の夫の高相祐一容疑者(41)が、警視庁の調べに「(自分の覚醒(かくせい)剤は)外国人から買った」と供述していることが10日、捜査関係者への取材で分かった。酒井容疑者は「夫と一緒に吸った」と供述しており、警視庁は高相容疑者が酒井容疑者に覚醒剤を渡していた可能性があるとみて調べている。
警視庁によると、酒井容疑者はこれまでの調べに「夫に勧められ、昨年夏から数回吸った。あぶったりパイプで吸い込んだりしていた」と供述。酒井容疑者の自宅から押収された吸引用ストローは計42本に上っており、警視庁は酒井容疑者が覚醒剤を常習的に使用していた疑いがあるとみて、供述の信憑(しんぴょう)性についても慎重に捜査している。
一方、酒井容疑者が逮捕前、自分の捜索願が出された赤坂署と、高相容疑者が逮捕された渋谷署の様子を見に行くよう知人に依頼していたことも判明。捜査関係者によると、酒井容疑者は知人から両署に多くの報道関係者などが集まっていることを知らされ、パニック状態に陥ったという。
警視庁は10日、酒井容疑者を同容疑で送検。東京地裁は同日、酒井容疑者の拘置を19日までの10日間と決めた。

Headline
Iranian drug dealers operating in upper-class Tokyo neighborhoods
Tokyo, Saturday, 1 November. 2008 /PanOrient News

http://www.panorientnews.com/en/index.php?option=com_frontpage&Itemid=50
The shocking photo, taken from a security camera on a Tokyo street in broad daylight, shows a tall man of middle eastern origin passing a white plastic bag to a young Japanese woman.

According to the Drug Control Department of the Ministry of Health, Labour and Welfare, which supplied the photograph, the transaction took place on the street in Takanawa — one of Tokyo’s most affluent neighborhoods. It was one of three exclusive residential districts, along with Shirokane and Azabu, said to have been targeted by Iranian drug dealers about one year ago.

Evening tabloid Nikkan Gendai (Nov. 1) reports that the dealers supplied stimulants drugs to as many as 20,000 users, which brought them revenues upwards of 20 million Japanese yen a month.

The drug buyers were not necessarily residents of the neighborhoods where the dealers operated, but went there to seek the drugs because police patrols in Shibuya and other areas frequented by young people had driven foreign dealers off the street.

Aside from audacity of openly engaging in drug transactions on the street in affluent neighborhoods during daylight hours, the extent of demand for drugs made the revelations doubly shocking.

“The group was organized into 10 teams, who supplied drugs to Tokyo-area users who numbered upwards of one hundred thousand,” Katsuhiro Sakata, a investigator at the Health Ministry, is quoted as saying. “Among the users were men who could no longer hold down jobs at their companies because of their addition, as well as many full-time housewives.

“Japanese dealer typically only sell to regular customers, but the Iranians were out to make money, so they would sell their stuff to anyone. That’s how they expanded their business.”

Yukio Murakami, a freelance journalist, tells Nikkan Gendai that the dealers carefully staked out their sales territory.

“From about four years ago, they moved into Jiyugaoka, a trendy district in Tokyo’s Meguro Ward,” says Murakami. “They also operated unobtrusively in small stations along the Tokyu Ikegami line.”

Communicating with customers via sites on the Internet, the dealers used specialized jargon,  referring to their goods as “udon” (a type of wheat noodle) or “melanin” (skin pigmentation).

“Stimulants are the drug of choice for poor people,” says Murakami. “Housewives may become acquainted with dealers via ‘encounter’ sites on the Web, and become addicted. In many cases their craving drives them to prostitution. Eventually they may lose their sanity and turn to crime, even murder.”

A Iranian man in his early forties going by the name of Abolfazl Zarbali, who was arrested last July, allegedly told authorities he has been coming to Japan to deal drugs for the past 12 years. Police are continuing their crackdown.

=PanOrient News

ENDS

Economist.com: Far higher proportion of NJ in Japanese prison than proportion of population

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog.  Here are some interesting stats (courtesy of Adamukun at Twitter):  Proportions of foreigners within jail populations.  Saudi Arabia has by far the highest.  But Japan is well up there as well, and as a comparative proportion of the total domestic population significantly higher than Saudi.

What we need now is a chart weighting the percentage of foreigners within a population compared to this proportion of foreigners within the prison population, to see the disparity in conviction rates.  (I’ve done some preliminary searches:  I can only seem to find comparative charts going up to 1997 for some reason; woefully out of date, so I’ve done a quick country-by-country search for a few select countries).

Speaking for Japan only, that visibly seven percent or so looks many multiples of the 1.7% of the NJ population (about 4x), meaning that roughly speaking you are four more times likely to be incarcerated if you are foreign than if you are Japanese.  And with all the racial profiling and targeting that goes on by the Japanese police forces, this is a sad if not scary statistic.

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Foreign prisoners

Doing time abroad

Aug 5th 2009
From Economist.com

Where foreigners fill prisons

http://www.economist.com/daily/chartgallery/displayStory.cfm?story_id=14163924&source=features_box4

NEARLY three-quarters of Saudi Arabia’s prison population is foreign born, the highest share in the world. Switzerland, another rich country with lots of foreign workers, has a similarly large proportion of non-natives behind bars. Migration within the European Union helps to account for the relatively high incidence of foreign inmates in some EU countries, though this may change. EU law now allows for repatriation of inmates to serve their sentences in their native countries. Over 40% of prisoners in Greece, Belgium and Luxembourg are foreigners. By contrast, only 6% of America’s inmates are from abroad.

Estimates from the US State Dept for some of the above countries:

Saudi Arabia’s foreign population:  24.8% (July 2008, meaning prison population of foreigners only about 3x of total population):

Switzerland’s foreign population:  21% (2008, meaning prison population of foreigners only about 3.3x of total population)

Greece’s foreign population:  10% (2005, meaning prison population of foreigners about 4.4x of total population)

Germany’s foreign population (“immigrant background”): 18% (2008, meaning prison population of foreigners about 1.4x of total population)

Australia’s foreign population: 24% (2008, meaning prison population of foreigners about 0.8x of total population)

Japan’s registered foreign population: 1.74% (2008, meaning prison population of foreigners about 4x of total population)

Readers, add more if you like.  Arudou Debito in Sapporo

ENDS

Freeman offers specific dialogs to deal with J police during Gaijin Card Check

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. Turning the keyboard to Freeman in Japan, who offers advice on what to do if the cops decide to do a Gaijin Card Checkpoint for being visible while foreign.  Arudou Debito in Sapporo

==================================
Dear Debito,
I have read all of your great advice, thank you for kindly sharing.
Please share this easy-to-remember summary with your readers.

Are you a human being here in Japan who appears to be Non-Japanese?
Do you want to avoid being coerced into interrogations by police officers?
Then here is how to respond when a police officer asks to speak with you:

#1  Silently show your Alien Registration Card.* **

#2  Say, “Ittemo ii desu ka?
Repeat this exact sentence,
without adding any other words,
until the police officer admits, “Hai.

#3  After hearing “Hai.” you are free to leave.

The police officer might try to fool you into speaking further.
They might give a variety of clever, rehearsed, responses.
For example, “Where are you in such a hurry to go?”
“Where did you learn such good Japanese?”
“We just need to ask a few questions, OK?”
“How did you learn about Japan’s laws?”
“You may go after we visit the Kouban.”
“How long have you been in Japan?”
“We just need to visit the Kouban.”
“Why don’t you want to answer?”
“What do you think of Japan?”
“Do you like Japanese food?”
“Are you guilty of something?”
“What country are you from?”
“Your country is so beautiful.”
“You’ll be on your way soon.”
“Just a few more questions.”
“Can I check your pockets?”
“You can go in a little while.”
“Can I just check your bag?”
“Will you just chat with me?”
“Can you just pee in here?”
“Sure is nice weather, eh?”

Don’t let the police officer fool you.
Simply calmly repeat your mantra.
Ittemo ii desu ka?
(Am I free to go?)
Ittemo ii desu ka?
(Am I free to go?)
Ittemo ii desu ka?
(Am I free to go?)

* If you are a Japanese National who just appears to be Non-Japanese
just replace #1 with the sentence “Nihon Kokuseki Shutokusha Desu.”

** If you have the time, energy, and will, to lengthen the detainment process,
feel free to attempt to educate the police officers about your various rights.
Risk: the police officer might decide to find (or invent) a reason to arrest you.
Reward: your Rosa Parks speech might help make Japan better in the future.
For example, before moving to #2, feel free to try saying the following sentences:

Keisatsukan mo,
mibun o shimesu shouhyou o
keiji shinakereba narimasen.

(Police officers also have to show their I.D.)

Kousoku sare mata wa,
Renkou sare moshiku wa,
Kyouyou sareru koto wa nai.

(You can’t force me to stay here,
you can’t force me to go with you,
and you can’t force me to answer.)

Keisatsukan shokumu shikko hou,
dai ni jou, dai ni kou to dai san kou.

(Police Execution of Duties Law
Article 2, Clause 2 and Clause 3.)

Kyodou fushinsha DAKE ni,
shokumu shitsumon suru koto
dekimasu, guttaiteki ni donna
fushin na koui o shimashitaka?

(You can only question suspicious people,
exactly what suspicious action did I do?)

Reijou ga arimasuka?
(Do you have a warrant?)

Jinken no ihan desu node kouben shimasu.
(This is a violation of human rights so I protest.)
At this point one can calmly sit down as a protest.

Watashi wa taiho sarete imasu ka?
(Am I under arrest?)

Donna yougi de taiho sarete imasu ka?
(Under what charge am I under arrest?)

(All inspired by Debito’s great summary.)
https://www.debito.org/GcardLAWS2.pdf

Thank you again Debito, for your important human rights work.

The bottom line is, all conversations are completely voluntary!
If you want to remain free, simply repeat, “Ittemo ii desu ka?

Sincerely,
Freeman in Japan

PS – If anyone has a more effective sentence, please share.
Also, if anyone has a success story using this, please share.
ENDS

Update putting the pieces together: upcoming IC Gaijin Cards, RFID hackability, next generation police walkie-talkie, and NPA access to TASPO information

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. Last May I put out an article in the Japan Times about the (now approved) IC Chips in revamped Gaijin Cards. How they would enable the police forces to remotely track foreigners in a crowd, and how data would be less secure from hackers.

Not unsurprisingly, I was told I was exaggerating. But it’s hard in this day to exaggerate the reach and rate of development of technological advances (who would have thought we would have this very medium to communicate through a little over ten years ago?). So here are some sources showing how 1) ID Chips and RFID technology is eminently hackable and remotely trackable, 2) how police already have IC scanning ability in their walkie-talkies, and 3) how the Japanese police in particular are using ID cards beyond their originally-intended purpose to track crime. I don’t think I was exaggerating at all. Arudou Debito in Sapporo

==============================================

Chips in official IDs raise privacy fears (excerpt)
By TODD LEWAN
Associated Press
Posted on San Jose Mercury News: 07/11/2009 09:37:12 AM PDT, courtesy TJL.

Complete article at http://www.mercurynews.com/breakingnews/ci_12816946

Climbing into his Volvo, outfitted with a Matrics antenna and a Motorola reader he’d bought on eBay for $190, Chris Paget cruised the streets of San Francisco with this objective: To read the identity cards of strangers, wirelessly, without ever leaving his car.

It took him 20 minutes to strike hacker’s gold.

Zipping past Fisherman’s Wharf, his scanner detected, then downloaded to his laptop, the unique serial numbers of two pedestrians’ electronic U.S. passport cards embedded with radio frequency identification, or RFID, tags. Within an hour, he’d “skimmed” the identifiers of four more of the new, microchipped PASS cards from a distance of 20 feet.

Embedding identity documents — passports, drivers licenses, and the like — with RFID chips is a no-brainer to government officials. Increasingly, they are promoting it as a 21st century application of technology that will help speed border crossings, safeguard credentials against counterfeiters, and keep terrorists from sneaking into the country.

But Paget’s February experiment demonstrated something privacy advocates had feared for years: That RFID, coupled with other technologies, could make people trackable without their knowledge or consent.

He filmed his drive-by heist, and soon his video went viral on the Web, intensifying a debate over a push by government, federal and state, to put tracking technologies in identity documents and over their potential toerode privacy.

Putting a traceable RFID in every pocket has the potential to make everybody a blip on someone’s radar screen, critics say, and to redefine Orwellian government snooping for the digital age.
(snip)

Mark Roberti, editor of RFID Journal, an industry newsletter, recently acknowledged that as the use of RFID in official documents grows, the potential for abuse increases.

“A government could do this, for instance, to track opponents,” he wrote in an opinion piece discussing Paget’s cloning experiment. “To date, this type of abuse has not occurred, but it could if governments fail to take privacy issues seriously.”

———
Imagine this: Sensors triggered by radio waves instructing cameras to zero in on people carrying RFID, unblinkingly tracking their movements.

Unbelievable? Intrusive? Outrageous?

Actually, it happens every day and makes people smile — at the Alton Towers amusement park in Britain, which videotapes visitors who agree to wear RFID bracelets as they move about the facility, then sells the footage as a keepsake.

This application shows how the technology can be used effortlessly — and benignly. But critics, noting it can also be abused, say federal authorities in the United States didn’t do enough from the start to address that risk.

The first U.S. identity document to be embedded with RFID was the “e-passport.”

In the wake of the Sept. 11 attacks — and the finding that some of the terrorists entered the United States using phony passports — the State Department proposed mandating that Americans and foreign visitors carry “enhanced” passport booklets, with microchips embedded in the covers.

The chips, it announced, would store the holder’s information from the data page, a biometric version of the bearer’s photo, and receive special coding to prevent data from being altered.

In February 2005, when the State Department asked for public comment, it got an outcry: Of the 2,335 comments received, 98.5 percent were negative, with 86 percent expressing security or privacy concerns, the department reported in an October 2005 notice in the Federal Register.

“Identity theft was of grave concern,” it stated, adding that “others expressed fears that the U.S. Government or other governments would use the chip to track and censor, intimidate or otherwise control or harm them.”

It also noted that many Americans expressed worries “that the information could be read at distances in excess of 10 feet.”

Those concerned citizens, it turns out, had cause.

According to department records obtained by researchers at the University of California, Berkeley, under a Freedom of Information Act request and reviewed by the AP, discussion about security concerns with the e-passport occurred as early as January 2003 but tests weren’t ordered until the department began receiving public criticism two years later.

When the AP asked when testing was initiated, the State Department said only that “a battery of durability and electromagnetic tests were performed” by the National Institute of Standards and Technology, along with tests “to measure the ability of data on electronic passports to be surreptitiously skimmed or for communications with the chip reader to be eavesdropped,” testing which “led to additional privacy controls being placed on U.S. electronic passports … ”

Indeed, in 2005, the department incorporated metallic fibers into the e-passport’s front cover, since metal can reduce the range at which RFID can be read. Personal information in the chips was encrypted and a cryptographic “key” added, which required inspectors to optically scan the e-passport first for the chip to communicate wirelessly.

The department also announced it would test e-passports with select employees, before giving them to the public. “We wouldn’t be issuing the passports to ourselves if we didn’t think they’re secure,” said Frank Moss, deputy assistant Secretary of State for passport services, in a CNN interview.

But what of Americans’ concerns about the e-passport’s read range?

In its October 2005 Federal Register notice, the State Department reassured Americans that the e-passport’s chip — the ISO 14443 tag — would emit radio waves only within a 4-inch radius, making it tougher to hack.

Technologists in Israel and England, however, soon found otherwise. In May 2006, at the University of Tel Aviv, researchers cobbled together $110 worth of parts from hobbyists kits and directly skimmed an encrypted tag from several feet away. At the University of Cambridge, a student showed that a transmission between an e-passport and a legitimate reader could be intercepted from 160 feet.

The State Department, according to its own records obtained under FOIA, was aware of the problem months before its Federal Register notice and more than a year before the e-passport was rolled out in August 2006.

“Do not claim that these chips can only be read at a distance of 10 cm (4 inches),” Moss wrote in an April 22, 2005, e-mail to Randy Vanderhoof, executive director of the Smart Card Alliance. “That really has been proven to be wrong.”

The chips could be skimmed from a yard away, he added — all a hacker would need to read e-passport numbers, say, in an elevator or on a subway.

Other red flags went up. In February 2006, an encrypted Dutch e-passport was hacked on national television, with researchers gaining access to the document’s digital photograph, fingerprint and personal data. Then British e-passports were hacked using a $500 reader and software written in less than 48 hours.

The State Department countered by saying European e-passports weren’t as safe as their American counterparts because they lacked the cryptographic key and the anti-skimming cover.

But recent studies have shown that more powerful readers can penetrate even the metal sheathing in the U.S. e-passport’s cover.

John Brennan, a senior policy adviser at the State Department’s Bureau of Consular Affairs, concedes it may be possible for a reader to overpower the e-passport’s protective shield from a distance.

However, he adds, “you could not do this in any large-scale, concerted fashion without putting a bunch of infrastructure in place to make it happen. The practical vulnerabilities may be far less than some of the theoretical scenarios that people have put out there.”

That thinking is flawed, says Lee Tien, a senior attorney and surveillance expert with the Electronic Frontier Foundation, which opposes RFID in identity documents.

It won’t take a massive government project to build reader networks around the country, he says: They will grow organically, for commercial purposes, from convention centers to shopping malls, sports stadiums to college campuses. Federal agencies and law enforcement wouldn’t have to control those networks; they already buy information about individuals from commercial data brokers.

“And remember,” Tien adds, “technology always gets better … ”

———
With questions swirling around the e-passport’s security, why then did the government roll out more RFID-tagged documents — the PASS card and enhanced driver’s license, which provide less protection against hackers?

The RFIDs in enhanced driver’s licenses and PASS cards are nearly as slim as paper. Each contains a silicon computer chip attached to a wire antenna, which transmits a unique identifier via radio waves when “awakened” by an electromagnetic reader.

The technology they use is designed to track products through the supply chain. These chips, known as EPCglobal Gen 2, have no encryption, and minimal data protection features. They are intended to release their data to any inquiring Gen 2 reader within a 30-foot radius.

This might be appropriate when a supplier is tracking a shipment of toilet paper or dog food; but when personal information is at stake, privacy advocates ask: Is long-range readability truly desirable?

The departments of State and Homeland Security say remotely readable ID cards transmit only RFID numbers that correspond to records stored in government databases, which they say are secure. Even if a hacker were to copy an RFID number onto a blank tag and place it into a counterfeit ID, they say, the forger’s face still wouldn’t match the true cardholder’s photo in the database, rendering it useless.

Still, computer experts such as Schneier say government databases can be hacked. Others worry about a day when hackers might deploy readers at “chokepoints,” such as checkout lines, skim RFID numbers from people’s driver’s licenses, then pair those numbers to personal data skimmed from chipped credit cards (though credit cards are harder to skim). They imagine stalkers using skimmed RFID numbers to track their targets’ comings and goings. They fear government agents will compile chip numbers at peace rallies, mosques or gun shows, simply by strolling through a crowd with a reader.

Others worry more about the linking of chips with other identification methods, including biometric technologies, such as facial recognition.

The International Civil Aviation Organization, the U.N. agency that sets global standards for passports, now calls for facial recognition in all scannable e-passports.

Should biometric technologies be coupled with RFID, “governments will have, for the first time in history, the means to identify, monitor and track citizens anywhere in the world in real time,” says Mark Lerner, spokesman for the Constitutional Alliance, a network of nonprofit groups, lawmakers and citizens opposed to remotely readable identity and travel documents.
Implausible?

For now, perhaps. Radio tags in EDLs and passport cards can’t be scanned miles away.

But scientists are working on technologies that might enable a satellite or a cell tower to scan a chip’s contents. Critics also note advances in the sharpness of closed-circuit cameras, and point out they’re increasingly ubiquitous. And more fingerprints, iris scans and digitized facial images are being stored in government databases. The FBI has announced plans to assemble the world’s largest biometric database, nicknamed “Next Generation Identification.”

“RFID’s role is to make the collection and transmission of people’s biometric data quick, easy and nonintrusive,” says Lerner. “Think of it as the thread that ties together the surveillance package.”
ENDS
===================================

THE NEXT GENERATION OF POLICE WALKIE TALKIES
Courtesy of Ben

Police Service Terminal JT6810-C series (excerpt)
http://www.alibaba.com/product-gs/204379280/Police_Service_Terminal_JT6810_C_series.html
Basic functions:
1 PDA palmtop computer
2 Number pad
3 EDGE 2.75G wireless communication
4 Global Position System(GPS)
5 Geographic Information System(GIS)
6 800 M digital mobile radio line
7 IC card reader
8 Digital vidicon
9 Digital sound recorder
10 Bluetooth
(snip)
IC card reader
* Read the information of IC card in display screen
* Rewrite data

Radio Frequency Identification(RFID)
* No need to touch against the device

===================================

Tobacco maker group hands over taspo user data to prosecutors

Japan Today, Monday 27th July, 05:09 AM JST, Courtesy of DR

TOKYO —

Link: http://www.japantoday.com/category/crime/view/tobacco-maker-group-hands-over-taspo-user-data-to-prosecutors

The Tobacco Institute of Japan, the industry body of tobacco manufacturers, has turned over vending machine use logs on cigarette pack purchases by certain individual smokers to public prosecutors when they requested such information for investigative purposes, informed sources said Sunday. Such logs of ‘‘taspo’’ smart cards included records on when and at which vending machines the smokers bought cigarette packs, as well as their dates of birth, addresses and phone numbers, the sources said.

There has been a case in which the provided logs helped investigators find a person who had evaded some fines, the sources said.

The institute issues to smokers in Japan the taspo cards which entitle its holders to buy cigarette packs at vending machines. Taspo cards are issued only to adults aged 20 and over to block smoking by underage people.

This appears to be the first time that the use of taspo logs by criminal investigative authorities has become public knowledge. The use by such authorities of credit card-related information and mobile phone logs has been known.

The institute handed over taspo logs on a voluntary basis in response to prosecutors’ inquiries based on the Code of Criminal Procedure, but users of taspo cards normally do not assume that there is a possibility their taspo logs may be used in criminal investigations.

Some critics question the appropriateness of handing over such records to criminal investigators from the standpoint of the need to protect personal information, arguing that the institute should inform taspo holders beforehand that it may turn over their logs to third parties.

An institute official told Kyodo News, ‘‘We have kept track of purchases-related logs to check if taspo cards that were stolen or for which reports of loss have been filed may have been used illicitly, and we basically would not provide them to third parties.’’

‘‘But we cannot help turning over such logs as well as the addresses, names, dates of birth and contacts of cardholders to investigative authorities as necessary if the authorities request the logs in writing in line with the Code of Criminal Procedure,’’ the official said.

‘‘Since Article 23 of the rules for taspo cardholders stipulates that cardholders consent to the use of their information by the institute if the institute takes necessary measures to protect the information, we assume that the article also covers logs on their purchases,’’ the official added.

The institute has handed over to investigators such information as the dates of birth, addresses, phone numbers and dates of issuance of taspo cards of certain persons, as well as a list of when and where the cards were used, the sources said.

There have been cases where the institute turned over copies of applications filed by taspo applicants, alongside the copies of their identification cards such as drivers’ licenses which the applicants had attached to the applications.

Taspo logs could help their reviewers figure out what areas cardholders live in and what behavioral patterns they have.

Through the provision of the logs, the Saitama Public Prosecutors Office was able to identify a company where a taspo cardholder who has evaded a fine worked as the cardholder used a vending machine on the company’s premises repeatedly, the sources said.
ENDS

Update: Ibaraki Police’s third new NJ-scare poster

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog.  The Ibaraki Police are at it again.  JR Mito Station, July 18, 2009, courtesy of AM:

ibarakiposterjuly20092

Yep, that’s another one of those police posters up in a public place explicitly making the case that Japan’s shores have to be defended from foreigners, and calling for public assistance to help the armed police surround and subdue them.

Again, it’s the third poster in as many years.  Despite the addition of the red, it’s arguably more subdued than last year’s (click to expand in your browser), where they bore automatic weapons and did Normandy Beach maneuvers:

dsc00002

Or the original and classic from two years ago:

IbarakiNPAposter07.jpg

More on these classics at https://www.debito.org/?p=2057.

But the question still remains.  Where’s the budget for these redesigns coming from?  And why does Ibaraki think it’s specially prone to invasion?  It’s not like it’s the only prefecture with a coast (almost all prefectures have one — in fact, pop quiz:  name the landlocked prefectures; don’t cheat and look at a map).  It’s not even facing the usual suspects for invasion China or North Korea (I shudder to think what posters might go up in Fukui or Ishikawa; any Sea of Japan siders out there?).  Even Otaru and other Hokkaido seaports with all their Russian sailor issues didn’t have officially-sponsored police posters like these (naw, they just had exclusionary signs from local-business vigilantes; way better.  /sarcasm).  So many mysteries created by our vigilant boys in blue, in this case garnished with black riot gear.

Arudou Debito in Sapporo

Debito.org reader Brian reports on Shinjuku Police 9-day incarceration of 74-year-old tourist for pocket knife (UPDATED)

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. We have had a lot of discussion this weekend regarding the Japanese police and their powers of search and seizure (particularly regarding naturalized Japanese citizens). A commenter or two asserted that this wasn’t happening to tourists. Well, this poster would respectfully disagree. Yokoso Japan y’all, too bad if you’re in the way when police have crime-stoppage point quotas to fill (https://www.debito.org/?p=3925#comment-180560, comment #11). Name and contact details posted here with permission. Arudou Debito in Sapporo

=============================

To: debito@debito.org
From: Brian <brian_hedge@hotmail.com>
Subject: Tourism in Japan is very unsafe!!!
Date: Fri, 10 Jul 2009 22:45:06 +0900

Dear Mr. Debito,

I’m writing this email to all of you because I feel it’s in your best interest to understand how dangerous it is for tourists to visit Japan.

On July 2nd in Shinjuku, a 74-year-old American tourist walked into a koban to ask directions. Inside the koban was an older (senior) police officer and a younger (rookie?) police officer. The American asked where Kinokunia Book Store was and the police officer responded by asking the American if he had a pocket knife. The American being the law abiding citizen that he is said “Yes!” and handed it to the senior police officer. After a quick measurement of the knife, the police officer arrested the 74-year-old man for having a pocket knife 1 centimeter over the legal limit.

The most amazing parts to the story, a new law about pocket knives had just gone into effect one day before this TOURIST was arrested, making this entire situation more ridiculous! Moreover, 2 other American tourists were arrested that same day at the same koban.

Things to consider:

1. How are unsuspecting tourists to know they cannot carry key-chain knifes?

2. What are unsuspecting tourists to do if the airline they fly, America immigration and Japanese immigration officials don’t warn them about these laws?

3. How are unsuspecting tourists supposed to know how incredibly backwards and unintelligent Japanese police officers are if travel agencies don’t warn them?

4. Why should tourists “gaijin” come to a country that targets them as criminals?

5. Why are Japanese not arrested if they break the same law?

This man is not only old and frail, but an incredibly nice person and harmless. He carries his pocket knife everywhere and the knife is very small and practical. Of course we understand a law is a law, and no one wants to purposely break laws in a host country, but the reality is, it is completely and utterly unjust to target tourists who have zero knowledge of the laws here, especially laws that went into effect 1 day earlier.

This American is not my father, but my friend’s father who was visiting Japan for the first time. When I discovered this situation I was completely stunned and very upset, as you would be.

Now, I feel compelled to shine a light on the fact that Japan is a horrible place to visit and extremely unsafe if you are not Japanese. It’s astounding that a tourist in Japan has more to fear from the Japanese government or national police force than the citizenry.

It is 2009, not 1809! It’s about time the Japanese government (people) treat foreigners like human beings not unlike themselves–with respect and humility.

Sincerely,
Brian Hedge
Shibuya, Tokyo

///////////////////////////////

ADDENDUM:

> From: debito@debito.org
> To:
brian_hedge@hotmail.com
> Subject: Re: Tourism in Japan is very unsafe!!!
> Date: Fri, 10 Jul 2009 21:00:38 +0900
>
> Hi Brian. May I blog this with your name attached as author? And has the US Embassy gotten involved? Thanks very much. Debito
From: Brian <brian_hedge@hotmail.com>
Date: July 10, 2009 9:03:30 PM JST
To: <debito@debito.org>
Subject: RE: Tourism in Japan is very unsafe!!!

Yes. He was released today after nine freak’n days! Unbelievable! I told my friend he should sue them for time lost and his plane ticket here….

ENDS

=================================

UPDATE JULY 28, 2009: A version of this letter was published in the Japan Times today. As you will see below, this blog entry engendered a lot of comments about likelihoods and substantiation. I had no idea the JT would also be publishing it, but I guess in an ideal world Debito.org would be citing the media as the primary source for more credibility.

Moral, I guess: Debito.org should not be scooping the Japan Times, for it would attract less criticism. 🙂

=================================

UPDATE AUGUST 25, 2009:  The Japan Times corroborates the story as true.  http://search.japantimes.co.jp/cgi-bin/nn20090826a4.html

Now let’s see if the naysaying commenters below actually offer a bit of capitulation.  Would be nice.

Naturalized J citizen Jiei stopped by Osaka cops for Gaijin Card check. Shitsukoidom ensues

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. Here’s an important bellwether essay from Jiei, a fellow naturalized Japanese citizen who was singled out for a Gaijin Card Check by Osaka Cops last night. He tells the story of how he stood up for himself despite being explicitly suspected of being drunk or on drugs, and for sitting on a swingset while white when taking a break from jogging in a park. He cites the law back to the cops chapter and verse, but they undeterredly continue the questioning and racial profiling. I won’t give away the ending.

The point is, this is going to happen more and more often as more people naturalize, and more Japanese of international marriages come of age and get hassled for not looking “Japanese” enough to allay cops’ suspicion. This is not legally sanctioned, in any case. Which means people must learn about their rights and assert them, because there are no other checks and balances here.  Read on.

Thanks to Jiei for bringing this up to government-registered human rights group FRANCA.  Join us if you like.  Arudou Debito in Sapporo

REPORT BEGINS
============================
Like Debito, I am a former American naturalized Japanese citizen. While I don’t look Japanese, I also had to jump over many hurdles for my naturalization application to be accepted by the government a year ago, and now I’m proud to call myself a Japanese and be recognized as a fully contributing member of this country.

Living here has had its ups and downs; I’ve been stopped at least 10 times by the police when I was a foreigner (once when I was leaving my apartment in the morning to go shopping because I “just looked suspicious”!), yet I never tried to exercise my full rights as Debito did, partly because of ignorance and partly because of fear.

However, tonight (09/7/25) I just had my first experience being stopped by the police as a Japanese citizen, and the situation was different. This time, I was going jogging around the park near my house in Osaka prefecture around midnight (something I always do since I work late and cannot go jogging during the daytime.) The park is a popular spot for teenagers to hang out at night, so I was not alone that night.

I took a short rest on the swings and then tried to leave the park from the main entrance to continue my run, when two “around 30” police officers on bicycles approached me from behind and suddenly stopped me with a loud “Konbanwa! Doko ikun’ desuka?” I removed my headphones and took a deep breath since I knew exactly where this was heading, and tried to prepare myself for the coming debate.

The two officers “greeted” me again and the proceeded to surround me on both sides as if to stop me from escaping easily. I was looking down at my cell phone the time, so the officer on the left asked if I was drunk or on drugs. Slightly amused, I closed my eyes and touched my nose with my index fingers to show that I wasn’t drunk. The one on the right looked at my face and simply said “Torokusho!” I asked him what he was talking about, and he repeated “Gaikokujin torokusho!” while making a rectangular symbol with his hands.

I stared at him for a moment and replied, “I am a Japanese citizen, I don’t have any alien registration card.” He looked genuinely shocked and asked me again twice if I was indeed Japanese. I simply responded,”I am Japanese.” When asked to show my driver’s license to prove it, I replied, “I refuse!”

The officer on the left then ordered me to empty my pockets and show my identification, so I said “Sure, I have my identification right here!” and pulled a copy of the “Keisatsukan Shokumu Shikkou Hou” that I always keep in my wallet, and showed the officer on the right the letter of the law concerning voluntary questioning by police officers.

Surprised, he asked, “What is this? Why did you pull something like this out?” I told them it’s the law concerning police activity and asked them if my actions (kyodou) seemed strange (fushin) to them and if they had probable cause (soutou na riyuu) to stop me.

When they both responded with a strong and clear “yes,” I asked if going for a jog is a crime in Japan. They both responded no, and then asked if I lived near the park. I deflected the question and said that it was quite rude of them to approach me and assume I was a foreigner and treat me like this.

The officer on the right laughingly apologized but then continued to ask if I was “haafu” or where I was born. I told them I refuse to answer any questions because police questioning is voluntary. They asked me “Why do you keep a copy of the law in your pocket? Are you trying to hide anything?” I spread my palms out to show I had nothing hidden, and replied that I was studying law and asked them if they were aware of the constitution or the code of criminal procedure.

The officer on the left said, “then you must know that voluntary questioning by police officers is a legally sanctioned activity (keisatsu katsudou.) I replied “That’s true, and it is also voluntary, so I have the legal right to refuse your questioning.” The officer on the right then repeated, “but we have the right to stop and ask you.” I repeated, “I have the right to not answer.”

This was repeated many times and after calmly debating with them for five minutes about what the meaning of “voluntary” (nin’i) is, and after repeated requests to show my license, the officer on the right asked if this was my first time getting stopped by the police, to which I said, “What do you think? With a face like this I’ve been stopped many many times in my life.”

The officer on the left finally changed his attitude and said, “Well then, at least tell us your name, job, family member’s names and where you live!” Naturally, I refused this also and said, “if you want to search me or see my license, you first need to arrest me or have a warrant. I am not on drugs, nor am I a criminal. I have been singled out for looking different many times now and I refuse to put up with it any longer. I know the law, so I honestly want to be arrested and take this to court; I’m sure I’ll win in the end even if I have to take this to the Supreme Court!”

After asking if they had their handcuffs ready and if they were going to arrest me, they both laughed and the officer on the left said, “Who’s talking about arresting you, we just want to see your identification! Don’t you have anything?” I then pulled out my wallet and waved it around. “My identification is in this wallet but I refuse to show it and if you want to see it, arrest me here and now.”

After more repetitive requests to identify myself and prove I am Japanese, they received a police report on their walkie-talkies, and finally sped off on their bicycles without saying anything or even looking back at me.

All in all, they were actually very calm about the whole thing; they seemed half amused to debate the meaning of the law with a “suspicious foreigner looking type” like me. To tell the truth, I was surprised at how easily they gave up without ask me to go to a police station with them, trying to search my pockets, or even actually see my driver’s license.

While it may sound that I was fearless, I was actually quite nervous and my legs and hands were trembling, so I forgot to ask to see their badges and note their information or try to walk away during the questioning.

Yet when I returned home and told my native Japanese friends about this, they were not so supportive of me. They all simply asked why I didn’t show my license first and not go through any hassle. I told them that this was a bigger issue about legal rights. I am definitely not the fighting type, and I basically keep to myself and try not to make any waves. However, I refuse to be treated as a second-class citizen in my own country, and if need be, I am absolutely willing to risk being arrested for standing up for what I believe in.

I’m sure that I will be stopped again in the future many times, along with all other non-Asian looking people in Japan, but I plan to stand up for my rights every time. While confronting the police and asserting your rights so clearly like this is not for everyone, I hope that my experience proves that calmly using the law to assert your rights does work in Japan, and can make a difference!

ENDS

ADDENDUM:

By the way, concerning the legality of photographing police officers’ badges…unfortunately Japan has no clear law concerning image rights (shozoken) and the leading supreme court decision in the Hayashi Masumi case found that while people generally have the right to not have their images taken and published without reason, image rights still have to be considered specially in each case based on the situation…leaving things still unclear.

However, considering that they were public servants on duty and I needed to confirm their identity since I didn’t have a pen to write it doen, I think that I would have a case if it went to court. However, it would take a clear Supreme Court verdict to give a definitive answer. In any case, as seen from the many shokumu shitsumon videos uploaded on YouTube, the police aren’t actively pursuing fighting this.

ENDS

UPDATE: Murder suspect Ichihashi’s reward upped to 10 million yen

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. Just noticed this July 8 on my way to work outside two Police Boxes:

Murder suspect Ichihashi Tatsuya, who escaped from the police some months ago, leaving behind the murdered and mutilated corpse of English teacher Lindsay Ann Hawker in a tub of sand on his apartment balcony, is still on the loose.

That’s not news. What is news is how the reward has now been multiplied by 10. It once was, as you can see on the old poster of other fellow murder suspects, 100 man.

090708_114035
wantedposter090309

Now (love those golden JACKPOT! numbers) it’s 1000 man!
090708_114018
Pachinko-parlor-style bonanza for anyone who decides to turn him in at last. Gotta love those horrible mugshots too of him, two of him sticking out his tongue.

Photos taken outside Odori Police Box just below the Sapporo TV Tower July 8, 2009.

Oh, and slight correction. Ichihashi, unlike his other fellow murder suspects, is still not wanted for “murder”. Only for the “abandonment of a corpse”. A charge that seems to pop up quite a bit, I argued in a Japan Times article last March, in cases involving murders of foreigners. Ah well. At least he’s ten times more wanted than the others by value.

Anyway, somebody find this guy and collect your reward. Get this creep off the streets. Arudou Debito in Sapporo

New Immigration Law with IC Chip Gaijin Cards passes Diet

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. This is it, then. We lost. The new IC Chipped Gaijin Cards will be a reality. Gonna have to start looking on the bright side of things, like the fact that NJ will now have juuminhyou instead. Commentary and links from Anonymous. Add some more English-language articles in the Comments section (with links, please). Thanks. Arudou Debito

As I’m sure that you’ve heard, today was a not a good day for NJ rights. The immigration revision formally passed the upper house today, July 8, 2009. With the various changes, we may need a 2nd edition of your Handbook.
Several news clippings:

==========================
http://www.nikkei.co.jp/news/seiji/20090708AT3S0800B08072009.html
改正入管法成立、在留外国人の情報を一元管理
NIKKEI NET 2009年7月8日
 国が在留外国人の情報を一元管理する改正出入国管理・難民認定法が8日午前の参院本会議で自民、公明、民主各党などの賛成多数で可決、成立した。3年以内に施行される。
 同法は現在、市町村が扱っていた在留外国人の住所や勤務・通学先などの情報を国が在留資格や出入国情報とともに一元的に管理する内容。市町村発行の外国人登録証を廃止し、法務省が新たに「在留カード」を発行する。在日韓国・朝鮮人らについても「特別永住者証明書」を発行して国に情報を集約する。
 在留カードは常時携帯することが義務付けられるが、特別永住者証明書に関しては自民、公明、民主各党の修正協議で携帯義務を撤廃した。現在は在日韓国・朝鮮人らにも外国人登録証の携帯が義務付けられている。(11:46)
=====================
http://www.asahi.com/politics/update/0708/TKY200907080106.html
改正入管法が成立 在留カード交付、3年以内に施行
朝日新聞 2009年7月8日10時56分
印刷ソーシャルブックマーク
 3カ月を超えて日本に滞在する外国人を対象に新たな在留管理制度を導入する改正出入国管理法などの関連法が8日の参院本会議で可決、成立した。従来の「外国人登録証」(外登証)を廃止し、新たに「在留カード」を交付するのが主な内容で、日本の在留制度の大きな転換点となる。新制度は3年以内に施行される。

 外登証を持つ外国人は08年末に約221万7千人で過去最多を更新した。在留管理を厳格化して不法滞在者を減らしつつ、外国人の利便性も高めるのが改正の狙い。

 外登証は不法滞在者でも取得できたが、今後は適法な滞在者に在留カードを交付し、住民基本台帳にも登載する。住所変更などは自治体を通じて法務省も継続的に管理。職場や学校に対し、受け入れた外国人の情報を国に提供する努力義務を課している。

 一方で、適法な滞在者の在留期間は上限を3年から5年に延長。1年以内の再入国は原則として許可を不要とするなど利便性も高める。

 今後は国内に約13万人とみられる不法滞在者の扱いが課題になる。新制度の対象外となるため、「地下に潜り、犯罪に走る恐れがある」との懸念がある。法務省は「在留を認めるべき外国人は受け入れる」として、在留特別許可のガイドラインを見直して自主的な出頭を促す方針だ。

 約42万人いる在日韓国・朝鮮人らには別途、「特別永住者証明書」が交付される。国会審議の過程で、歴史的な経緯に配慮し、常に証明書を携帯する義務は課さないよう当初案が修正された。

 低賃金労働の温床との批判があった「研修・技能実習制度」の改正も盛り込まれている。「技能実習」という在留資格を新設し、1年目から最低賃金法や労働基準法を適用する。この改正については1年以内に施行される。(延与光貞)
===============================

http://sankei.jp.msn.com/politics/policy/090708/plc0907081102003-n1.htm

 改正出入国管理及び難民認定法(入管難民法)が8日、参院本会議で可決、成立した。国による新たな在留管理制度で、中長期間滞在する外国人の利便性を向上する一方、不法滞在者対策をはかり、「外国人と日本人とが共生する社会の基礎」(森英介法相)になる。同法は公布後、在留カード交付など最長3年以内に段階的に施行される。
 3カ月を超える中長期滞在の外国人について、これまで法務省では上陸時と在留許可申請時の情報しか得られず、在留中は国が委託した自治体で実施する外国人登録の情報で管理していた。だが、居住実態などが正確に把握できず、就学や保険、手当など自治体の事務にも支障を来たしているほか、外国人登録証(外登証)が不法滞在者にも交付され、就労や在留継続を容易にするなどの問題が生じていた。
 改正法では外登証を廃止し、正規滞在者だけに新たに「在留カード」を交付。在留情報を国(法相)が一元管理することになった。
 在留カードは新規入国者は上陸時に、在留者は各地の入国管理局でそれぞれ作成。写真のほか届け出事項の氏名、生年月日、性別、国籍、住居地、在留資格・期間などが記載される。常時携帯が求められるほか、記載事項変更時は入国管理局への届け出義務もあり、いずれも違反すると罰則が科せられる。また届け出事項については入管の事実調査も可能になった。
 カードには登録情報を収めたICチップが入り、偽変造などには、懲役や罰金などの罰則が科せられる。
 一方、戦前から日本で生活する在日韓国・朝鮮人の特別永住者には同様の「特別永住者証明書」を交付するが、歴史的な背景を考慮し、常時携帯義務はない。
 また、低賃金労働などの事例が問題になっていた外国人研修制度では、新たな在留資格「技能実習」(最長3年)を作り、1年目の技能習得段階でも企業と雇用契約を結ばせることで、労働基準法や最低賃金法など労働関係法令の適用を可能にし、保護する。
 このほか、在留期間を従来の3年から5年にするなど、利便性を高める。
        ◇
●改正入管法の骨子●
・国が在留情報を一元管理、外国人登録証は廃止
・中長期の在留者に「在留カード」交付、常時携帯義務
・特別永住者に「特別永住者証明書」交付、携帯義務なし
・外国人の在留期間を3年から5年に伸長
・外国人研修制度で在留資格「技能実習」を創設。労働関係法令適用で、搾取を防ぐ
・在留資格「留学生」「就学生」の一本化
ENDS

**********************************************************************
                              2009年7月8日
          ★IMADRインフォメーション★
                               【No.153】
**********************************************************************

─────────────────────────────────── 
◆目次◆
─────────────────────────────────── 
1)入管法・入管特例法、住民基本台帳法・改定案成立に抗議する
2)IMADR-JC第20回総会が開催されました
3)ボランティアガイダンス
4)イベントなどの予定
5)IMADR-INFO配信について

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
1.入管法・入管特例法、住民基本台帳法・改定案成立に抗議する
───────────────────────────────────
本日(7月8日)の参議院本会議にて、入管法・入管特例法、住民基本台帳法・
改定案が可決、成立しました。IMADR-JCも参加する「在留カードに異議あり!」
NGO実行委員会は本日、十分な議論を経ていないこの法案成立をうけて、参議院
議員会館にて記者会見を開催し「改定入管法・入管特例法・住基法の成立に対
する抗議声明」を発表しました。

記者会見では、「入管法改定案は与党がおしてきた案であるとともに、グロー
バル企業と法務省の連携が可決につながった。グローバル企業の勢力が日本の
法案に強い影響を及ぼし、国会の機能が低下しはじめている」(衆議院議員
(社民党)保坂展人さん)、「入管法改定の大きな目的の1つに、日本の産業を
担ってきた非正規滞在者を『使いにくく管理しにくい労働力』として国外へ追い
出し、代わりに『使いやすい労働力』として労働権・人権を制限された外国人
研修生・技能実習生の受け入れシステムを固定化する、ということがある」
(全統一労働組合・鳥井一平さん)といった問題が指摘されました。

IMADR-JCはこれに先立ち、参議院での審議が進行中の6月30日、これらの法案
成立への動きに抗議する声明を発表し、参議院法務委員会委員長および理事に
送付しています。

IMADR-JC声明「外国籍者の管理強化ではなく、権利確立を─入管法・入管特例
法、住民基本台帳法・改定案成立への動きに抗議する」の全文は以下をご覧
ください。
http://www.imadr.org/japan/statement/imadrjc/post_19/

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
2.IMADR-JC第20回総会が開催されました
───────────────────────────────────
反差別国際運動日本委員会(IMADR-JC)の第20回総会が6月30日に開催されま
した。今年度(2009年4月1日〜2010年3月31日)の活動の重点課題として、引き
続き、国内における人種主義・人種差別の解決に向けた活動、インドやスリ
ランカなどの被差別マイノリティとの差別撤廃に向けた連帯などに取り組んで
いくことが確認されました。加えて、アイヌ民族の先住民族としての権利確立
に向けた取り組みに連携していくことも確認されました。80人の参加者から
なる総会は、「マイノリティ間、マイノリティとそれ以外の人びとが、国内で
あるいは国境を越えて結びつくことを通じて、差別撤廃・人権確立を推し進め
る力をはぐくんでいくために引き続き全力を尽くしていく」とするアピール文
を決議して閉会しました。

アピールの全文は以下をご覧ください。
http://www.imadr.org/japan/statement/imadrjc/imadrjc20/

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
3.7月18日 ボランティアガイダンス
───────────────────────────────────
反差別国際運動(IMADR)ならびに反差別国際運動日本委員会(IMADR-JC)は、さ
まざまなプロジェクトの運営をはじめ、活動をいっしょにつくってくださる
ボランティアを募集しています。次回のボランティアガイダンスは以下の通り
です。

■日時:2009年7月18日(土)午後1時〜午後2時

■場所:IMADR/IMADR-JC事務所
 東京都港区六本木3-5-11 松本治一郎記念会館 地階
 東京メトロ南北線「六本木一丁目」 出口1より徒歩5分
 東京メトロ日比谷線・都営地下鉄大江戸線「六本木」出口5または3より
 徒歩7分
 地図:http://www.imadr.org/japan/contact.php#access

※ご参加を希望される場合は事前にご連絡ください。
 (連絡先は末尾参照)

詳しくは、以下をご参照ください。
http://www.imadr.org/japan/joinus/

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
4.イベントなどの予定
───────────────────────────────────
◇7月◇
 18(土)IMADR/IMADR-JCボランティアガイダンス
     http://www.imadr.org/japan/event/imadr_imadr-jc_main/post_49/

 23(木)廃案までもう一歩─7・23共謀罪に反対する院内集会

◇9月◇
  1(火)第18回ヒューマンライツセミナー
     「先住民族アイヌの権利確立に向けて」
     http://www.imadr.org/japan/event/imadr_imadr-jc_main/hrs18/

         ◇IMADR-JC入会・参加のご案内◇
         http://www.imadr.org/japan/joinus/

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
5.IMADR-INFO配信について
───────────────────────────────────
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配送停止を希望される方は、お手数ですが下記IMADRホームページより配送解
除を行って下さい。メールアドレスを変更される際は、現在のアドレスへの配
送解除の後、新しいアドレスをご登録ください。
なお、「ウィークリーまぐまぐ」は、http://www.mag2.com/wmag/
から解除することができます。

購読登録・解除用アドレス
http://www.imadr.org/japan/joinus/#a000200

**********************************************************************
発行元:
 反差別国際運動(IMADR)    
  Tel: 03-3586-7447  Fax: 03-3586-7462 E-mail: imadris@imadr.org
 反差別国際運動日本委員会(IMADR-JC) 
  Tel: 03-3568-7709  Fax: 03-3586-7448 E-mail: imadrjc@imadr.org

 〒106-0032 東京都港区六本木3-5-11  Website: http://www.imadr.org
**********************************************************************
◎IMADRインフォメーション
のバックナンバー・配信停止はこちら
http://archive.mag2.com/0000169133/index.html
このメールに返信すれば、発行者さんへ感想を送れます

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ENDS

Japan Times et al: Four people snagged for fingerprints over 7 months. No longer an “anti-terrorism” measure. Of questionable effectiveness anyway.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. Debito.org Reader AS makes the following poignant comment:

Hi Debito, You’ve probably seen this already, but just in case here is a link to a JT article on the “effectiveness” of fingerprinting at airports. http://search.japantimes.co.jp/cgi-bin/nn20090630a4.html

Article excerpt:
=========================
The Japan Times Tuesday, June 30, 2009
Biometric ID system catches four

NARITA, Chiba Pref. (Kyodo) Immigration authorities have successfully detected four people since January trying to enter Japan illegally by trying to fool the biometric identity system…

The authentication system is designed to detect foreign nationals with a history of deportation from Japan based on fingerprint data…

The biometric identification system was introduced in November 2007 as part of antiterrorism measures under a revised Immigration Control Law.
=========================
Full article at
http://search.japantimes.co.jp/cgi-bin/nn20090630a4.html

COMMENT FROM AS: Apparently the system has resulted in a grand total of four people getting caught in the last seven months. To me that seems like a massive waste of national resources, especially since there are other ways of detecting illegal re-entrants.

Also, the article drops the pretense that fingerprinting is an anti-terroism measure:

“The authentication system is designed to detect foreign nationals with a history of deportation from Japan based on fingerprint data.”

So now apparently the purpose of the system is cracking down on illegal entry and over-staying.ENDS
===========================

Another Debito.org Reader commented thusly on much the same subject:

===========================
Dear Debito-San,

Last Monday, June 29th, Kyodo released a press anouncement from the Immigration Bureau that shows that fingerprint evasion happens on a larger scale than previously assumed (see http://www.japantoday.com/category/crime/view/altered-fingerprints-detected-in-illegal-immigration-attempts).

According to a friend of mine, an article on page 29 of the Kobe Newspaper (evening edition) had additional information. Note that I could not confirm the contents personally. But I send you the highlights anyway, with added personal comments.

Apparently one of the Immigration Officers was quoted saying that the machines could not be trusted anymore as so many new ways to attempt to evade them show up.

Comment: If this statement was quoted correctly as an official statement, it took the Immigration Bureau long enough considering that the groundbreaking article from Yokohama National University (http://www.lfca.net/Fingerprint-System-Security-Issues.pdf) on this subject was published more than seven years ago.

For me, two questions follow this anouncement: Did the Immigration Bureau also miss that people can become victims of such identity theft? And did they also miss that the machines can get it wrong even when there is no foul play at all. These two problems form parts of two branches of a fault tree (http://en.wikipedia.org/wiki/Fault_tree) where the undesired event of trouble for me as an innocent person is the root. The first step to cutting down this rather unwelcome tree is for the Immigration Bureau to know it’s business…

The article apparently went on to state two measures the Immigration Bureau announced to take against the problem of people trying to fool the system. First of all, they apparently wish to opt for checking the prints visually if the machine gives an error. Second, they apparently wish to install monitors on which the prints can be seen by the officers.

Comments: I will start with the second measure. By default, fingerprint scanners encrypt the captured images on the device itself. This is done as an extra measure of protection, mostly because hacking of computers – even ATM machines.

(http://searchfinancialsecurity.techtarget.com/news/article/0,289142,sid185_gci1357926,00.html) – is so widespread these days. To be able to put the prints on a monitor, that encryption must be turned off, or the images decrypted on the computer.

This is important. Identity systems such as this hinge upon the assumption that the rightful owner has the only key. Mind you, this is already so doubtful (see above) that the focus must be on protecting the owner from the bad consequences of other matching keys instead of beating the dead horse of keeping the key unique.

Nevertheless, removing the encryption opens two new branches in the fault tree of duplicate prints, the computer may not be trusted and the user behind the computer may not be trusted. It is against best practices and about the most irresponsible thing the Immigration Bureau could do. The mere fact that trying to go against a certain flow will not work is not an excuse for making the current run faster…

The good part is that it shows such an action is technically possible. Cybercriminals will find that out anyway, but at least the good willing people can know that too now…

The first measure doesn’t really impact me either way, though I would have preferred to hear something about informing the victims of identity theft as it is discovered and similar things… But it also casts doubt on the Immigration Bureau knowing it’s business, which we have established as a condition for acceptable levels of my safety under this program.

Why does this cast doubt? When someone turns up with fake fingerprints and the machine accepts that the pattern it acquires is not on the searchlist, that is in professional terms a negative. One can argue, depending on whether or not the machine should detect them as fakes, if it’s a true negative or a false one. In a true negative, the machine works as designed, it’s just a very smart attacker. But I digress.

When the machine gives an error, this is most likely a failure to acquire. The machine doesn’t get a useful pattern, or it concludes it’s not offered a live finger.

The two may coincide, but they’re not one and the same. After we already got in the situation where one can conclude that the Immigration Bureau missed a few things, it’s not very hopeful news that they send out an announcement suggesting that they can’t keep their errors apart. I would hope I’m never forced to fly with an airline which has just had a crash due to problems with the ailerons and announce that they are going to fix the flaps, at least not without explaining what they’re doing so that people can verify it was the right decision even though it sounds strange…

When I see things schemes like this fingerprinting, my first question will be: “Am I as an innocent person really reasonably safe with this system, given my overall situation?” The answer to that will almost always be yes, unless there’s a very cynical organization involved. My second question follows just as naturally: “Show me”. To me that’s the issue involved, they declined to show me, and when I started looking myself I increasingly find evidence I would have preferred to point to a different conclusion…

Coupled to this comes the use of a Hobson’s choice to extract the information, give or don’t show. Am I to be blamed that I view the combination of these effects as a sign of desiring not to invest the time and money to counter the risks to me precisely because they are that, risks-to-me (instead of them?). Is it strange therefore that I explain my point of view to people who may consider visiting Japan, and also to people with possibly enough influence to advocate my case, in both situations hurting Japan’s public relations? ENDS
=============================

What do Debito.org Readers think? Debito

Japan Times JUST BE CAUSE Col 17 July 7 2009 on Roppongi Urine Samples: “Cops crack down with ‘I pee’ checks”

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatartwitter: arudoudebito
JUST BE CAUSE
The Japan Times: Tuesday, July 7, 2009
Cops crack down with ‘I pee’ checks
By ARUDOU DEBITO

Column 49 for the Zeit Gist Community Page/Column 17 for the JBC column
http://search.japantimes.co.jp/cgi-bin/fl20090707ad.html
Version with links to sources

My blog has been getting periodic pings about rumblings in Roppongi: Tokyo cops cleaning out pesky foreign touts before Olympic inspectors see them; the U.S. Embassy warning Americans to stay away from the area after reports of drugged drinks and thefts.

The latter was particularly embarrassing (coming from the Americans, of all people) given Japan’s reputation for having the world’s safest streets. So police have begun reasserting their control, cracking down on — you guessed it — foreigners. And where might you find them? You guessed that too.

I heard about police raids in Roppongi in May and June. But now they are going beyond ID checks for visa overstayers. Regular customers have been apprehended for drinking while foreign, bundled into police vans and shuttled off to HQ for urine tests for drugs. According to their associates, those testing positive for controlled substances have been deported.
https://www.debito.org/?p=3709

What triggered this drugs dragnet? A few months ago, several sumo wrestlers (Japanese and otherwise) were discovered possessing and puffing marijuana. Then it turned up in universities and rugby teams, and suddenly reefer madness was toking its toll on Japan’s youth. Some reeferers referred the cops to foreign dealers in — where else? — Roppongi.
http://search.japantimes.co.jp/cgi-bin/ss20080903a1.html

This justified a budget for new trooper toys. An alert Debito.org reader sent in an article reporting that the National Police Agency bought 78 spectrometers in May from Thermo Fischer Scientific Inc. designed for quick drug analysis.
http://www.thermo.com/com/cda/newsevents/news_detail/0,3081,20517,00.html

Back to the Roppongi smoke-out: Witnesses told Debito.org they saw foreigners being rounded up at bar exits for a piss take. However, few people who looked Japanese were detained, they said.

Of course, if cops are looking for the dealers (as opposed to users) who corrupted our youth, I’m not sure how a tinkle test would uncover them. But never mind — the police have to do something, or at least be seen to be doing something.

But watch the policy creep beyond suspected dope dens. Another blog reader, motorbiking at sunrise to a Roppongi dojo in April, said that patrolling cops ignored him parking until he took off his helmet. Then they made a beeline and demanded to search his luggage compartment. “I hear that marijuana is pretty popular in Canada,” one cop commented after finding out he was Canadian, implying that he was possibly carrying the demon weed. Finally, they had him reach for the sky while they searched his pockets.

Yet another reader reported that he was approached last March in Roppongi Hills by a young trainee cop who demanded his bag for inspection. Explicitly accusing him of carrying drugs and knives, moreover talking down to him like he was “a child or a mental incompetent,” the cub cop kept snarling until his handler intervened. Seeing their prey was a Hanshin Tigers fan ,they let him go. Phew. Go Tigers!

But the metastasis of the surveillance society is only just beginning. Reports from Tokyo’s Shibuya, Yoyogi and Akihabara indicate that even Japanese are being targeted for these surly satchel searches. Meanwhile, The Japan Times reported on June 26 that spy cameras — staffed by neighborhood associations, not trained professionals — are being installed in 15 other residential areas nationwide. So don’t expect this to be a temporary anticrime campaign.

Again, as I’ve argued before (Zeit Gist, July 8, 2008), this is a case of “gaijin as guinea pig.” Laws bent to target foreigners will ultimately be stretched to target everyone else.
https://www.debito.org/?p=1802

And here’s what’s bent: By law, cops need a warrant to do a bag inspection, not to mention take a urine sample.

Last Wednesday, I telephoned Azabu Police Station to find out how this circle was being squared. I was connected to a Mr. Teshima, who was in no mood for questions. After identifying myself by name and affiliation (that of human rights group FRANCA), he repeatedly refused to give me straight answers.

I did get Mr. Teshima to confirm that the police were subjecting foreigners to urine tests. But, he averred, not only foreigners. When I asked him to explain the criteria for deciding whom to stop and detain, he refused to elaborate.

When I asked if a warrant for a pee check was necessary, he said it depended on the situation. What kind of situation? Not gonna say, but if the individual agrees to submit to this wee procedure, “we no longer need a warrant.” What happens if they don’t submit? Not gonna say.

When I asked if noncooperation could lead to arrest, he said he was now too busy to answer any more questions. When I asked him what his position was in the police department, he enforced his right to remain silent and hung up on me.

In a separate inquiry, The Japan Times wrung these clarifications out of the Tokyo Metropolitan Police Public Relations Center: 1. Police raids on businesses only happen after a reliable tip; 2. Urine testing is not a new procedure, and has always been done whenever necessary; 3. Only those who look wasted on drugs will be asked for a urine sample; 4. Urine samples are only ever taken after persuasion, never under threat.

Sure. But something still stinks. Much ink has been expended exploring how the Japanese police lack accountability. They can detain you for “voluntary questioning” with or without probable cause for days at a time, convert that into an arrest for up 23 days, carry out unrecorded grillings that famously crack detainees into making false confessions, interpret the constitutionally guaranteed right to remain silent as a sign of guilt, and otherwise just make your life miserable in detention if you don’t “cooperate.”
https://www.debito.org/whattodoif.html#arrested

The police, however, as Mr. Teshima demonstrated, often see themselves as under no compulsion to cooperate — even when you need information to make your rights and their legal obligations clear.

If this were a contractual relationship, and an agent took advantage of your ignorance to lock you into a punitive agreement, it would be considered fraud. But police hold themselves to a different standard. Never mind informed consent — your ignorance becomes leverage for them to detain, arrest and imprison you.

Thus, without checks and balances, things stretch to their logical extremes. Random street stoppages have crept beyond simple ID checks into “I pee” checks. These are clearly more invasive, more intrusive, and more easily mixed up (urine samples require scientific precision — they can be spilled or misplaced; it’s not as if they have photo ID). They are in any case beyond the current bounds of the law regarding search and seizure without a warrant.

Don’t get me wrong. I believe that drugs are a bad thing and that people must obey narcotics laws. But there are also issues of law enforcement here that must be obeyed.

These checks take on added importance since it seems these “random” pee searches, done without accountability or appeal to counteract “false positives” (such as from poppy seeds, nasal sprays, medicines for colds, migraines and allergies, and even tonic water), may in fact not be all that random after all. One mistake and your life in Japan as you know it is over.
http://www.askdocweb.com/falsepositives.html

So let me enlighten. This is the law:

Police cannot search your person, property or possessions without a warrant. Ask for one: “Reijou ga arimasu ka?”

If they threaten to take you to a police box for questioning, refuse and don’t move. Police cannot force you to go anywhere without a formal arrest (taiho).

But be careful. Do not raise your voice. And never ever touch the cop, or they could arrest you for “obstruction of duty.” This is why sometimes you see street standoffs between cops and questionees during which nobody moves or talks until somebody gets tired and goes home.

Know your rights by checking out www.debito.org/whattodoif.html, or read more in our “Handbook for Newcomers, Migrants, and Immigrants.” But don’t assume the police will give the public the same cooperation they demand from the public. Accountability gets in the way of their modus operandi. Laws protecting people against invasive procedures interfere with keeping the streets safe from foreigners.

Anyway, shouldn’t Roppongi also be protesting this? Inconveniencing customers to this extent without probable cause is bad for business.

It’s also bad for society in general. What happens to a small minority sets precedents for the rest of the population. Ignore this at your peril.

Debito Arudou is the author of “Japanese Only.” Twitter arudoudebito. Just Be Cause appears on the first Community Page of the month. Send comments to community@japantimes.co.jp
The Japan Times: Tuesday, July 7, 2009
ENDS

Japan Times: Suspected int’l drugs ring by Japanese students. How about urine tests for all students now?

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatartwitter: arudoudebito

Hi Blog. Just a little addendum pursuant to the whole Roppongi “random” NJ street searches for drugs involving urine tests without warrants.

Japan Times reports that it’s not just the occasional rugby team). students in Japan aren’t just using drugs. They’re even possibly creating international drug rings! Kinda hard to blame foreigners in Roppongi for that like the sumo wrestlers did.

However, are we going to see random searches for drugs on university campuses, bundling students off to police HQ in paddy wagons for a little urine sample without a warrant? Somehow I doubt it.

Excerpt of JT article follows. Arudou Debito in Sapporo
=============================================
The Japan Times Sunday, July 5, 2009
Student behind stimulant ring sought
OSAKA (Kyodo)

…[Former Waseda student] Kondo’s name surfaced during an investigation last November into Hiroshi Osaka, a 26-year-old unemployed man who was arrested for possessing about 992 grams of stimulants from Malaysia in his luggage upon arrival at Kansai International Airport in Osaka Prefecture, the police said.

Later, in February, Osaka’s accomplice, Kyo Watanabe, a 21-year-old Toyo University student at the time, was arrested for allegedly posting a mobile phone Web ad seeking drug couriers. He allegedly arranged the plane tickets and accommodations for the Osaka’s trip to Kuala Lumpur.

Watanabe reportedly told police he recruited 15 smugglers on the Web. Since last year, several Japanese have been arrested for drug possession in South Korea, and police believe they were among the 15 recruited by Watanabe.

Full article at http://search.japantimes.co.jp/cgi-bin/fl20090602hs.html
ENDS

Get Japan Times Tues July 7: New JUST BE CAUSE Column on “Random” Roppongi street NJ urine sampling

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. Just to let you know: Get a copy of the Japan Times tomorrow, Tuesday July 7 (Weds in the provinces). My latest JUST BE CAUSE column is a 1500-worder on the “random” NJ Roppongi police street stops, searches, and urine sampling that the NPA is putting into force without the luxury of a warrant. And what it means for the rest of the population if this is allowed to pass without protest. So let me kick off the protests. And tell you what you can do to stop it happening to you.

The Japan Times has been very good lately about bringing up issues that matter to the NJ community in Japan. Do subscribe, or get your local public library or international institution to subscribe, if you haven’t already. The JT deserves our support. You just aren’t going to get this kind of investigative journalism out of the DY or the IHT/Asahi.

Arudou Debito in Sapporo

Osaka Nishi Yodogawa Police “Beware of Suspicious Foreigners” poster

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY: The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. The NPA is once again ramping up its public calls for surveillance of “suspicious foreigners”.

The previous wave of this basically started with Tokyo Gov. Ishihara’s now infamous “Sangokujin Speech” in 2000, when he called on the Nerima Self Defense Forces to round up suspicious foreigners “committing heinous crimes” in the event of a natural disaster. He made no distinction how one would determine “suspicious”, however, or how people would not resort to racial profiling.

They never broke the mold. That wave continued through World Cup 2002 (although it mutated into “hooligans”) onto police nationwide (particularly the Kanto cops) putting up posters warning the public against “suspicious foreigners”, whatever that meant. After protests, some police amended their notices to focus on the crimes, not the nationalities, but still exceptions popped up from time to time in prefectures with beaches (such as Ibaraki), warning people to “protect our shores” (complete with visual invasion motif).

Now, according to Debito.org Reader JL, who found this notice up in his apartment, the Osaka Police are once again warning people about “suspicious foreigners”, for they might be illegal laborers or overstayers. Here’s the poster, dated June 2009. Osaka Fu Nishi Yodogawa Keisatsusho:
(click on image to see it larger and legible)
osakanishisadagawaposter

Again, how will people distinguish without suspecting anyone who looks foreigner as “suspicious”? Will our boys in blue ever learn some sophistication?

Probably not. It’s been nearly a decade since Ishihara’s speech. And fear campaigns are very helpful with budget approvals. Arudou Debito in Sapporo

NEWS FLASH: Roppongi cops confirm subjecting NJ to urine tests

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

DEBITO.ORG NEWS FLASH
///////////////////////////////////////////////////////////////
JAPANESE POLICE NOW DEMANDING URINE SAMPLES
FROM FOREIGNERS ON THE STREET
RECOMMEND JOURNALISTS AND OTHER CONCERNED PARTIES
READING THIS INVESTIGATE FURTHER

///////////////////////////////////////////////////////////////

Released July 1, 2009, freely forwardable
By Arudou Debito (www.debito.org, debito@debito.org, twitter arudoudebito)
Sapporo, Japan. Freely forwardable.

SUMMARY
///////////////////////////////////////////////////////////////
Debito.org has received a number of reports that police in Roppongi and Shibuya are rounding up Non-Japanese exiting bars, and bringing them in police wagons for drug testing.

They are demanding urine tests from their detainees.
This is an act of extremely questionable legality.

This was confirmed at 3PM July 1, 2009, when I telephoned the Azabu Police Department (http://www.keishicho.metro.tokyo.jp/1/azabu/index.htm) phone 03-3479-0110 (dai) and talked to an Officer Teshima, who refused to give more details about his official rank in the police department, what sort of methods are being used, their criteria for selecting their detainees, what they do if detainees do not cooperate, and if they have warrants. Our conversation in paraphrase below. Further links to sources also below.

If true, this could be the dawn of new practices and extensions of police power in Japan. This author believes that racial profiliing, already standard operating practice for bicycle checks and ID checks on the street (https://www.debito.org/?p=1802), is now involving more invasive methods– bodily fluids.
///////////////////////////////////////////////////////////////

MORE INFORMATION
The testimonials of eyewitnesses to these raids in Roppongi and Shibuya are blogged and linked at Debito.org at
https://www.debito.org/?p=3709

The conversation I had with Mr Teshima today went approximately as follows:

===================================
ME: My name is Arudou Debito, calling for Human Rights Group Ippan Shadan Houjin FRANCA (I gave the full official translation of the group (http://www.francajapan.org), and I have heard that there are police stopping foreigners exiting bars and asking them for urine tests.

TESHIMA: Who is this and why are you asking?
ME: (repeats name and details about FRANCA).
TESHIMA: We have been doing more policing.
ME: Are you doing urine tests (nyou kensa)?
TESHIMA: Depends on the situation (toki to baai ni yoru).
ME: But are urine tests happening?
TESHIMA: Depends on the situation.
ME: But they are happening.
TESHIMA: Yes.
ME: Are you doing this as part of clamping down on drugs?
TESHIMA: Yes.
ME: Are you targeting foreigners?
TESHIMA: We are testing people. We are not just testing foreigners.
ME: What are your criteria for choosing people for testing?
TESHIMA: I don’t have to answer that. (kotaeru hitsuyou ga nai)
ME: Would you answer me if I asked the question as writer for a newspaper?
TESHIMA: I am under no obligation to answer.
ME: Do you have warrants to ask for urine samples?
TESHIMA: I don’t have to answer that. Depends on the situation.
ME: But you can’t ask for urine samples without a warrant, right?
TESHIMA: We don’t always need a warrant. Depends on the situation.
ME: What situations do you not need a warrant?
TESHIMA: I don’t have to answer that.
ME: But if they give you their permission for a sample, you don’t need a warrant?
TESHIMA: If they cooperate, we don’t need a warrant.
ME: What if they don’t cooperate?
TESHIMA: I’m not going to answer that.
ME: Can they be charged under the Interference of Duties–?
TESHIMA: Look, I’m busy.
ME: Understood. Could you please tell me your position in the police department, Mr Teshima?
TESHIMA: I don’t have to answer that.
ME: Okay, thank you for your time.
CLICK
CALL ENDS
===================================

Give Mr Teshima a call yourself at 03-3479-0110 (dai) and see if you can get any clearer answers.

CONCLUSION
In recent months, there has been a lot of scandal about sumo wrestlers (Japanese and Non-Japanese) using cannabis, and media (including Japan Times, see http://search.japantimes.co.jp/cgi-bin/ss20080903a1.html) have reported them saying they procured the substance from Roppongi foreigners. There are police raids continuing on Roppongi bars (https://www.debito.org/?p=3305), most recently last Friday (http://www.japanprobe.com/?p=11055). Plus stoppages on the street, according to commentators to Debito.org, and searches of bags and pockets for being of foreign extraction.
https://www.debito.org/?p=3709#comment-179636

This indicates that the Japanese Police seem to be targeting areas with high foreigner concentrations. Foreigners may be being singled out on the street as more likely to be possessing. Given that Japan has no right of habeas corpus (https://www.debito.org/whattodoif.html#checkpoint), no clear checks against interrogational abuses (https://www.debito.org/whattodoif.html#arrested), and few recourses against wrongful arrest, police with this much power using racial paradigms against Non-Japanese and people who look foreign will result in racial profling — with innocents being targeted, detained, and subject to police practices of interrogation under questionable legality. Such as the circumstantial evidence of exiting a bar while looking foreign.

I encourage readers to read, investigate, and report these developments.
Arudou Debito in Sapporo
www.debito.org, debito@debito.org, twitter arudoudebito
July 1, 2009
ENDS

Japan Times: NPA to entrust neighborhood assoc. with more policing powers, spy cameras

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. Here’s something I find alarming. Not satisfied to plop spy cameras in places festered with foreigners, as Ishihara would put it, the NPA is now planning to plop even more in cities nationwide, and turn the keys over to unprofessionals who are not officially entrusted with police powers: neighborhood associations.

The very reason we have chounaikai was to help the kenpeitai and other devices of the wartime Japanese police state keep watch on their neighbors. That the chounaikai still exists essentially as organizations to keep a semblance of volunteerism alive in principalities, I object to the revival of them as a policing agency. The NPA already spends enough of our taxes putting up posters exhorting people to “watch your neighbors — they might be political extremists!” Now they’re getting cameras, with peeping and recording eyes? Yeah, I can imagine what sort of people those beady eyes will be gravitating towards. Anyone who looks “funny”, or “suspicious”. Guess who I mean.

The article, excerpted below. Arudou Debito in Sapporo

/////////////////////////////////
The Japan Times, Friday, June 26, 2009
Residential streets to get cop cameras
Neighborhood groups to be in charge: NPA
Kyodo News
The National Police Agency said Thursday that security camera networks will be installed in 15 residential areas in 14 prefectures as part of efforts to prevent crime and better protect children.

Full article at http://search.japantimes.co.jp/cgi-bin/nn20090626a1.html

Coming to a street near you: A surveillance camera hangs over a street in the Roppongi district in Tokyo. The National Police Agency said Thursday police will set up security cameras in 15 residential areas in 14 prefectures. KYODO PHOTO

The announcement, however, prompted some citizen groups to complain that the move is an attempt by the police to boost surveillance of the public.

The police plan to launch the first such domestic residential network around next January, according to NPA officials.

They will entrust volunteer groups of residents to operate and manage the equipment and image data, they said.

The nation’s police forces “will help residents to secure safety by themselves,” an official at the agency said.

It will be the first time for the police to entrust such monitoring duties to residents groups…

The 15 locations include the prefectural capitals of Otsu, Okayama, Hiroshima, Tokushima and Fukuoka.

The 10 other areas are in Higashimatsushima, Miyagi Prefecture; Oyama, Tochigi Prefecture; Toda, Saitama Prefecture; Higashiyamato and Musashimurayama, both suburban Tokyo; Fujieda, Shizuoka Prefecture; Neyagawa, Osaka Prefecture; Himeji, Hyogo Prefecture; Iwade, Wakayama Prefecture; and Amami, Kagoshima Prefecture.

[NB: Why these places, I wonder? Wonder under what criteria they were chosen?]
ENDS

Tokyo police raiding Roppongi, stopping NJ on Tokyo streets for urine tests (UPDATED)

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
UPDATES ON TWITTER: arudoudebito

Hi Blog. Followup to last May’s blog entry. After the recent scandals with Sumo Wrestlers (J & NJ) smoking pot (and the wrestlers blaming it on Roppongi foreigners), I’ve been receiving reports that Tokyo police profilings of NJ are further stretching the boundaries.

According to Debito.org readers and GaijinPot, NJ are being stopped on Tokyo streets for urine tests:

Submitter HC wrote to me the following, with followup email when I asked for dates and times:

On Jun 17, 2009, at 11:18 PM, HC wrote:

hello debito, my friend and i have been stopped by police in shibuya and he, a foreigner, was asked for a urine sample. apparently it was a drug test.

the test result was negative, but my question is: is it legal to be stopped by police for that? can we refuse to give a sample?

btw. your page is amazing, thank you for so much work!

============

hello debito,

I think its getting common now, at least weekends at entertainment districts in Tokyo.
In our case it it was 2 weeks ago, Saturday night, about 23:30 in Shibuya, not far from station.
Just got stopped on the street and asked to provide a sample at the police station.

It seems that its not the only case, as i found more cases:

http://forum.gaijinpot.com/showthread.php?p=814224

Hello I’ve been in japan about a year now, and live near roppongi. In the past couple of weeks, police have been stopping late night/early morning revellers when they are leaving bars and clubs, and asking them to provide urine samples. Essentially they are testing for drug use/abuse. Whilst i have nothing to hide, i cant help but think this is an invasion of my personal liberty/human rights. It also concerns me that things are quite easily added to drinks without people knowing much about it.

its not much surprise, that out of the 40 or 50 that i saw being pulled on fri night, all bar one were gaijin. I just wondered if they are within their rights to be doing this? thanks

Do we have a right to say “NO” to the request for an urine sample?


The answer is, obviously, yes, you have the right to refuse. More on your rights dealing with Japanese cops here.

Meanwhile, according to Japan Probe, last weekend saw another raid on Roppongi:

June 26th, 2009 by James
Last night, a task force of some 220 police and immigration officers descended upon the Roppongi area of Tokyo, tightening their crackdown on illegal activities by foreigners in that neighborhood… The massive force managed to make a grand total of 6 arrests: 5 foreign hostesses and 1 Indian suspected of visa violations.


http://www.japanprobe.com/?p=11055
Are things like this happening to other readers of Debito.org? Arudou Debito in Sapporo

UPDATE JULY 1, 2009
Hi Blog. It’s confirmed. Called Asabu Police Station today (03-3479-0110(代表)) in Roppongi and talked to an officer Teshima. He admitted that yes, they are carrying out urine tests on people. He denied that they were targeting foreigners, but he refused to divulge what sort of criteria they use to select their testees. Separate blog entry on this by midnight tonight. Arudou Debito

Japan Times IC Chip Gaijin Card Pt 3: View of Bureaucrats: Control of NJ at all costs

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. The Japan Times scoops again. After two articles exposing approaches of the LDP (their slavish obeisance to the policing MOJ, who fed them the law) and the DPJ (who took the LDP’s nonsense evidence about policing of foreigners in other countries at face value), Matsutani-san now gets the viewpoint of those bureaucrats who designed the new Gaijin Cards and NJ policing regime. And it ain’t pretty. Strikes me as pretty paranoid. Sounds even like they’d police everyone if everyone were in such a weak position in society as foreigners; more on that tomorrow. Meanwhile, it also seems clear that the original proposal has been watered down a bit thanks to public outrage, but there is still no consciousness within the bureaucratic mien of how these laws, once put in the hands of the police, can further encourage racial profiling and targeting (current laws with more lax policing than now already do that, and there are no real safeguards to protect human rights as ever).

Anyway, excerpted below. Have a read. And there are more viewpoints to come. Well done Japan Times. Get your local library to subscribe to it, everyone. Arudou Debito in Sapporo

////////////////////////////////////////
CONTROLS ON FOREIGNERS
Drawing a bead on illegal residents
New law would tighten up oversight of foreigners
Saturday, June 27, 2009
By MINORU MATSUTANI Staff writer

Excerpt follows. Full article at http://search.japantimes.co.jp/cgi-bin/nn20090627f1.html

… “As the current laws stand, it is difficult to grasp the precise situations of foreign residents,” Immigration Bureau General Affairs Division official Kazuyuki Motohari told The Japan Times…

Although Lower House lawmakers changed the government’s version of the bills and passed a revised one that exerts less control over foreign residents than the original, the bureau will accept what the lawmakers decided, Motohari said.

“There were no corrections that dramatically changed the main idea of our version of the bills,” he said.

While the bureau hopes the bills help provide a clearer picture of overstayers, this will not be achieved unless foreigners properly report their status.

Under the new system, it will be difficult for illegal residents to remain illegal because foreigners’ personal information will be centralized with the Justice Ministry and punishments for failing to report changes in information will be harsher…

Human rights groups complain that because the justice minister can access foreign residents’ personal information with residence (“zairyu”) card numbers, which are to be given to every documented foreigner, it is an infringement of privacy. Motohari defended the bureau by saying, “It is not unusual for us to hold information that helps us confirm the identify of foreign residents.”

Rest of the article at http://search.japantimes.co.jp/cgi-bin/nn20090627f1.html
ENDS

Japan Today feature on how media focus on crime negatively impacts upon NJ

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. I talked yesterday how silly programs like NHK’s “Cool Japan” keeps NJ looking perpetually neophyte and ignorant, here’s another feature from Japan Today on how the media keeps NJ looking threatening.

Debito.org has of course talked about this in the past. Check out a few links here, here, and here. Arudou Debito in Sapporo

===========================

Japanese urged to take pride in their safe society
Japan Today, Thursday 25th June, 11:19 AM JST

http://www.japantoday.com/category/features/view/japanese-urged-to-take-pride-in-their-safe-society
Courtesy JK, MMT and AW.
TOKYO —

When the media report on violent crime, juvenile delinquency and other social problems, it’s common to see such terms as “kyuzo” (rapidly increasing), “kyoaku-ka” (becoming more vicious) and “teinenrei-ka” (occurring from an earlier age) appearing in headlines.

But such assertions don’t coincide with the statistical data, writes Koichi Hamai, a professor of law at Kyoto’s Ryukoku University in the biweekly magazine Sapio (July 8). Hamai’s essay is one of several that take up the theme “Nihonjin de Yokatta” (it’s good to be Japanese).

Hamai is convinced the print and broadcast media are responsible for advancing a growing perception that Japan’s public order is on the decline. As an example he cites a “Yoron Chosa” survey by the Prime Minister’s office taken in 2006, in which 84.3% of the respondents voiced belief that law and order had declined from 10 years earlier.

That high figure, Hamai believes, was inflated by two major incidents in the mid-1990s: the toxic nerve gas attack on the Tokyo subway system by members of the Aum religious cult in March 1995, and the arrest of 14-year-old serial killer “Sakakibara Seito,” who terrorized Kobe in the spring of 1997. The former raised the awareness that anyone might be vulnerable to crimes against the person; the latter persuaded the public that crimes by juveniles were becoming increasingly vicious and occurring from an earlier age.

Nevertheless, Hamai points out using eight graphs and tables, statistical data provide no evidence that Japan’s law and order situation is deteriorating. Take homicides, which in Japan in 2006 had declined to 1.1 per 100,000 people, from 1.2 two years previously. The corresponding rates are 3.2 in France, 3.0 in Germany, 2.6 in the UK and 5.7 in the U.S.

Rates for crimes by juveniles are not increasing as a percentage of overall crimes; nor do they show any tendency to occur from an earlier age.

Hamai also points out that rates for crimes by non-Japanese—most of which involve violations of the immigration laws or misdemeanors—are “extremely low” relative to the total number of crimes, and there’s nothing to suggest they are increasing.

How then, can the public’s view be so out of whack with the official figures? Hamai lays the blame squarely on overdramatization by the mass media. In Hamai’s own research conducted in 2006, 50% of his subjects agreed that “crime has increased nationwide over the previous two years”; but when asked if they felt crime had increased in their own neighborhood, only 4% replied yes.

Rather than confine reporting to the particulars of specific incidents, the media provoke a sense of crisis through shrill remarks about “the decline of morals (among youth)” or how “Japan is being targeted (by foreigners)” —treating specific incidents as symbolic of the overall malaise pervading Japan.

Hamai concludes with a plea for society to devote efforts that better reflect social changes, such as through proactive measures to discourage crimes by the elderly due to poverty and alienation.

==============================
ENDS

Text of proposed amendments to new Immigration Law, including IC Chip Gaijin Cards

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. I asked the author of the recent Japan Times articles (here and here) on the passage of the new laws on IC Chip Gaijin Cards et al. to send me his source materials. He very kindly complied. Thanks very much!

Here are fifteen pages of very thick and oddly-formatted pages of legal changes. It’s cumbersome wading through it. So rather than wait until I read everything before commenting, I might as well put these up so we can all read them at the same time.

Revisions to the Juumin Kihon Daichou Hou (which governs how people are registered with local governments, as in juuminhou), followed by the interestingly-titled “shutsu nyuu koku kanri oyobi nanmin nintei hou oyobi nihonkoku to no heiwa jouyaku ni motozuki kokuseki o ridatsu shita mono tou no shutsu nyuu koku kanri ni kansuru tokurei hou no ichibu o kaisei suru tou no houritsu an ni taisuru shuusei an” (draft of the revisions for one part of the draft of the laws governing administration of immigration, administration of recognized refugees, and the special law governing administration of immigration of people who have renounced their Japanese citizenship from countries with a peace treaty with Japan).

What a mouthful. I’m wondering what inspired the special-law conceit about having a peace treaty (does this weed out Russians and North Koreans?). Any ideas out there?

Alright, have a read. Order is as received from the Japan Times. Click on any thumbnail to expand in your browser. Arudou Debito in Sapporo
nyuukanhoukentou001nyuukanhoukentou002nyuukanhoukentou003nyuukanhoukentou004nyuukanhoukentou005nyuukanhoukentou006nyuukanhoukentou007nyuukanhoukentou008nyuukanhoukentou009nyuukanhoukentou010nyuukanhoukentou011nyuukanhoukentou012nyuukanhoukentou013nyuukanhoukentou014nyuukanhoukentou015
ENDS

Anonymous re Scott Tucker, killed in a Tokyo bar by a man who got a suspended sentence.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. I wrote here about Scott Tucker, a man who was killed in a bar by a DJ in 2008 who got off lightly in Japanese court.

Background article here: https://www.debito.org/?p=2060

And my Japan Times article last March about the emerging double standards of justice (a suspended sentence for a murder? Hard to envision happening for many NJ if the situations were reversed):

https://www.debito.org/?p=2813

Here’s some background from the victim from a friend of his. Arudou Debito in Sapporo

==================================

About Scott Tucker…
By Anonymous


Debito.org, June 16, 2009

Hello Debito,

I have many friends who are permanent residents of Japan, and I suppose I came very close to being one of them myself, as I have a long and endearing relationship with the country–and like most permanent residents, had an emotional relationship with a Japanese National which was stronger, shall we say, than international bonds… I lived in Japan from infancy until I was six, and returned after college to work for many years in Tokyo. I applaud your site and your efforts, and wish you the very best in your ongoing pursuits.

I am writing about the unfortunate incident involving “Scott” Tucker, the American businessman who was killed in the Azabu club “Bull Ett” (Bullet) last year. I have read the many comments, and the attached links, and somehow I feel compelled to say a bit more on the subject–though certainly I do not claim to be an expert regarding what exactly took place at the club that night. What follows is my “read-between-the-lines” take on what likely happened, with regrets…

Scott Tucker was a multimillionaire. This simple fact doesn’t seem to percolate through the many official accounts of the incident; Scotty is portrayed as some disaffected gaijin who was inebriated and belligerent, wandered into some club, and accidentally received a fatal choke-hold from the concerned and threatened disk-jockey on duty at the time–hence the probationary sentence for murder… A few articles mention that Scotty owned the building next door to the club where the incident took place; they do not mention Tokyo city ordinances regarding noise, or the operation of commercial businesses, or discos, which create noise, after midnight in that particular neighborhood: that club was in Nishi-Azabu, Tokyo, the most expensive real estate, per square meter, in the world. If he had chosen, Scott could have lived on Park Avenue, New York, or along the Champs Elysees, in Paris. He could have lived anywhere he chose, but he chose Tokyo, because of the low crime rate and his affinity for Japan and its culture. His wife was one of the most famous jewelry designers in Japan. He spoke beautifully fluent Japanese–another fact not found in most accounts–and he was a great fan of music, with an exceptional singing voice and rather discerning, and eclectic, musical tastes. He was not some angry foreign English teacher who wandered into a club and got past the security bouncers; he was a property owner who had had enough of the club operating illegally next door to his property. This is a crucial detail: Tokyo city ordinance prohibits loud music and club function in that residential section of Azabu after midnight, as it is a residential neighborhood. The club was functioning “After Hours” in blatant violation of city ordinance–an ordinance which was neither enforced nor cited. Again, Scotty OWNED the building next door; he was not some yahoo foreigner wandering into a club looking for a fight. Take a moment to reflect on that, as most of you do not own anything in Japan, not to mention a building in Azabu; if you are lucky enough to own some crap mansion in Chiba, and the Takoyaki shop beneath you insists on entertaining drunk patrons headed for the first train, you have probably gone downstairs–at your wife’s behest–and said “Hey, fuck! It’s three o’clock in the morning! Close it down and shut up!”

On a classier, more expensive scale, Scotty was doing the same thing…

So, Scott comes home, after a night of Japanese-style drinking with his friends. His building is shaking from the sounds of a club operating illegally after-hours next door to him. He has a history with that club, and with the DJ (per written accounts), having asked, on several occasions, that they keep it down, as city ordinances dictated. So, he goes next door, feeling justified–which, quite frankly, he is (and I don’t suppose you’ll ever read that in any official account). He wants the people out of there, wants the music shut down, and wants some peace and quiet in his own building next door (again, which he OWNS). The DJ, who is on his midnight roll, sees Scott scattering the crowd and insisting people go home, gets pissed (and, by his own admission, having seen a tv program on choke-holds and special forces moves), leaves his Disk Jockey box, comes up behind Scott, kicks him in the groin (there is no clear account of him actually facing off with Scott, meaning it is likely he kicked him in the “Groin” from behind, got him in the chokehold from behind–the choke hold he recently he saw on tv–and accidentally broke Scott’s windpipe, or snapped his neck? (the original account said Scott’s neck was broken). I have been to so many Tokyo clubs it is not worth trying to recount; I am 6’1 and 240 pounds, and fit: I have ejected American marines and military personnel from clubs I like for behaving in a manner I didn’t like, clubs I considered my local favourites, where other foreigners were ruining my good time, or embarrassing me in front of my Japanese friends. I never, ever, in my wildest youthful belligerence, saw the wimpy disk jockey come out of his booth and take a personal stake in the ejection of a patron. Quite the contrary, frankly.

Now, this is why I’m writing this addendum. Clearly, I knew Scott Tucker. I knew him very well. I drank with him, Japanese-style, at least a hundred times. We drank beer, we ate very good sushi and drank sake; we drank expensive whiskey most foreigners couldn’t, or wouldn’t afford–in keep bottles at very nice, exclusive clubs and snacks in central Tokyo. I never, ever, ever, saw Scott Tucker get belligerent. I never saw him get argumentative, even after polishing off a full bottle, with my help, of pricey Japanese whiskey. The implication that somehow, because of his drunkenness, he was threatening enough to pose a danger to a 154-pound disk jockey is so absurd that it leaves me livid. If I were there, and I were tanked up, and the disk jockey decided to come down and take charge of things, it would make sense. I am not a diplomat: when I’m drunk and unhappy and things are waxing ridiculous, I will throw a few people around. But Scotty, no. No, I’m sorry. Whatever the official account, he was a diplomat. Again, I never saw him belligerent, ever, and I knew him for many, many, years. This is what bothers me about the whole “Official” account; it is simply not accurate, and is stilted towards character assassination and implication that is wholly unjustified and clearly driven by agenda. To think that someone can get a probationary sentence for what amounts to ‘sucker-punching’ a neighbor to death just rubs me the wrong way. It doesn’t surprise me–as I say, I spent the better part of my life in Japan, and I never assumed for a moment that justice would err in my favour were I to be caught out for an indiscretion–but I feel compelled to to say something on Scotty’s behalf.

I feel compelled for this reason: were a wealthy Japanese property owner from Azabu, with a famous, elegant wife, to go into a club next door, a club operating in violation of city ordinance, and get into a row with the owners, or the disk jockey, and be killed–and were that disk jockey to be a non-Japanese–the media would have a field day with it. And were the non-Japanese disk jockey–an American, or a Brit, or an African– to claim he had asphyxiated the wealthy Japanese neighbor out of fear or his own life–he would be hung from the highest tree in Japan, on national tv, as a murderer, and a fiend, and a crazed violent foreign interloper. But if it’s just a guy who blindsided Scotty, by all means, give him a suspended probationary sentence. A simple self-defense accident. The whole thing is kawaii-soo. And, in fact, as I sit here in California, thinking about Scott Tucker, my old friend, the whole incident is indeed Kawaii soo.

When you click on a Quicktime video and watch it in Japan, you are clicking on Scott Tucker; he pioneered that app. in Japan. If you have a serious internal medical problem, and must receive surgery for it in Japan, it is possible your life will be saved by Scott Tucker–he developed distance software for medical applications, so that a qualified surgeon–rather than the hereditary fool with lax training who is cutting you open in Saitama–can supervise in real-time from abroad, and oversee the procedure with modern surgical techniques. Please do not forget that a 154-pound disk jockey, with a baddass attitude and a few Chimpira behind him, skirting the local and ineffectual police, put an end to any other innovations my talented and gentle friend, who loved Japan, might ever develop. That is who Scott Tucker was, that is what was lost when Mr. disk jockey got his suspended sentence. Hell, it’s almost a Bob Dylan song, and no one would laugh louder at the absurdity of it all than Richard Scott Tucker. He had a good sense of humor, most of all. And I will miss him.

Zannen na kotodeshita, Scotty San, kawaii soo to omoo… Ma, shoganaii, yo ne? Shoganaii…


–Anonymous
ENDS

Follow-up: More on fingerprinting, tracking people electronically, and RFID technology

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=Foreign Residents and Naturalized Citizens Association forming NGO\" width=「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog.  Update Three this week.  I put out an article three weeks ago that sparked some controversy, about the prospects of the new Gaijin Cards with IC Chips within them being used to track people and ferret out the foreigners with more effectiveness than ever before.  I was accused of scaremongering by some, but oh well.

As a followup, here are some responses and links to germane articles from cyberspace, pointing out how my prognostications may in fact be grounded in reality.  Along with a critique at the very bottom from friend Jon Heese, Tsukuba City Assemblyman, of that controversial article.  Arudou Debito in Sapporo

============================

Hi Debito:

Saw these two articles and thought I’d pass them along so that you’re up to date with what nonsense the DHS is up to these days:

Homeland Security to scan fingerprints of travelers exiting the US
http://www.itnews.com.au/News/104310,homeland-security-to-scan-fingerprints-of-travellers-exiting-the-us.aspx

Be sure to read the part about the RFID ‘gaijin’ card.

Cancer patient held at airport for missing fingerprint
http://www.reuters.com/article/oddlyEnoughNews/idUSTRE54Q42P20090527?feedType=RSS&feedName=oddlyEnoughNews&rpc=22&sp=true

Welcome to America, Mr. Tan! Sheesh!  -JK

=============================

Japanese university to track attendance with iPhone

As a college student I frequently didn’t go to class when I overslept, when I didn’t feel like it, or heck, when it was Friday. I’m imagining that Japanese students are the same. That’s why Aoyama Gakuin University‘s new plan to keep its students in line is pretty freakin’ clever—possibly even bordering on devious.

Reuters, this June all of the university’s 550 students, and some staff in one unnamed department, will receive a free iPhone 3G. Instead of teachers taking attendance, students are asked to input their ID number into an iPhone app—and to discourage fraud, this app apparently has GPS location data and monitors which Internet router students use.

Of course, knowing the lengths students will go to in order to avoid attending class, it wouldn’t be too surprising to find they’d discovered a way around the system. If only they devoted that much time to their schoolwork.

Further the university apparently is going to also be providing video podcasts of lectures, something American universities have been doing for years. No word yet on if they’re going to be making AGU’s material available on iTunes U.

ENDS

===============================

Debito, feel free to use this in the comments section or just for yourself. As you please. -jon heese

Quoting Debito’s controversial article three weeks ago:

Although the 2005 proposal suggested foreign “swiping stations” in public buildings, the technology already exists to read IC cards remotely. With Japan’s love of cutting-edge gadgets, data processing will probably not stop at the swipe. The authorities will be able to remotely scan crowds for foreigners.

It also means that anyone with access to IC chip scanners (they’re going cheap online) could possibly swipe your information. Happy to have your biometric information in the hands of thieves?

God, Debito, you sure do go on. There are plenty of products available to block remote scanning. Googling “rfid protection” got me the link below.

http://www.idstronghold.com/content/products?gclid=CO71o82J-5oCFQIupAodWB4tdg

Personally, I’m rather pissed at the lemming-like acceptance of very dodgy tech in a normally tech-savvy country. There is a company in California which makes a RFID card which has a break in the circuit between the chip and the antenna. Pressing a small bubble in the corner of the card completes the circuit but only when you want the info to be read.

Some Canadian provinces have put their implementation of chips on drivers licenses on hold until the privacy issues are properly dealt with. Why are the provinces even trying to force their citizenry to accept RFID’s in their driving licenses? Why goodness, it’s because the US of F-ing A is forcing them to! So if yer gonna clamp on your tinfoil hat, direct your ire towards the source of the problem, not the Japanese who have been cajoled into this by big brother. And BTW, my new drivers license also has a chip. So it’s not just the poor NJ’s who are being put at risk. This is a much bigger issue than a few foreigners getting screwed over.

RFID’s are small potatoes. As far as tracking, though, you are not gripping your hat tight enough. I would point out that your cell phone is actually much better to track you than a chip. An RFID reader is only really useful within 10 feet. Cell phones know where you are at all times. Anyone with the right access can pinpoint you anywhere in the world.

I would also point out that it’s also a great remote listening device. The NSA may have the ability to turn on your microphone without you even knowing it and broadcast anything being said. And turning your phone off may not be enough. Not even taking out the battery! Phones already have built in batteries which normally only provide juice to preserve your data, like the clock and address book, etc. However, there is no reason to not believe that such internal batteries could just as easily power the microphone for short periods. So grab your foil hat tight and wrap your curls in triple layers for extra protection.

Come again? Pass the law, and then we’ll decide law enforcement procedures? This blind faith is precisely what leads to human rights abuses.

I’m with you on this one. However when it comes to abuses, Japan is still a tamago. Just listen to a few NPR podcasts to get a feel of what it’s like “out there.” 怖いよ!

Still, did you expect the leopard to change its spots? Put immigration policy in the hands of the police and they will do just that police, under a far-removed centralized regime trained to see people as potential criminals.

Though the police have a central control, most cops are of the prefectural variety. Not nearly as ominous as you make out.

Why stop at bugging the gaijin? Why not just sew gold stars on their lapels and be done with it?

This is over the top. Shame on you! Besides, it’s not like us Pilsbury dough boys even need stars to be spotted in a crowd.

Fortunately, a policy this egregious has fomented its own protest, even within a general public that usually cares little about the livelihoods of foreigners. Major newspapers are covering the issue, for a change. The opposition Democratic Party of Japan wants the bill watered down, vowing to block it until after the next general election.

Japan just gets curiouser and curiouser. I am so looking forward to voting in this coming election. But don’t expect the RFID issue to go away. The USA won’t let them.

ENDS

Sugaya Case: M-J on policing and Japanese jurisprudence

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog.  Happy Monday.  Big news last week was Sugaya Toshikazu’s acquittal after nearly two decades in prison (see articles below).  It describes well what’s really awry about Japan’s judicial system (primer on that here), which you had better pay attention to because as NJ you’re more likely to be stopped, prosecuted, and convicted in Japan (primer on that here) by the police forces.  

Here’s what the Mainichi had to say last week about the Sugaya Case, followed by an appraisal of the situation by reader M-J.  Arudou Debito in Sapporo

=================================

Man falsely convicted of child murder: ‘I want my own life back’

Toshikazu Sugaya meets reporters at a hotel in Chiba after his release from prison on Thursday afternoon. (Mainichi)     

Toshikazu Sugaya meets reporters at a hotel in Chiba after his release from prison on Thursday afternoon. (Mainichi Shinbun, June 5, 2009)

CHIBA — A man released after 17 1/2 years in detention after recent DNA tests overturned the evidence that convicted him of murder has told reporters that he wants to take his life back.

“I can never forgive the detectives and prosecutors at that time. I want them to apologize to me, and bring my life back to me,” said Toshikazu Sugaya, 62, at a press conference in Chiba on Thursday evening.

Sugaya was arrested in December 1991 and later sentenced to life imprisonment over the killing of a 4-year-old girl in Ashikaga, Tochigi Prefecture, in a ruling that became fixed in 2000. However, recent DNA tests found that Sugaya’s DNA did not match that of bodily fluid on the victim’s clothing, leading prosecutors to conclude that there was a high possibility the new tests proved his innocence.

After being released from Chiba Prison on Thursday afternoon, Sugaya met reporters at a hotel in the city of Chiba shortly before 5 p.m. after spending 17 1/2 years behind bars.

“I am overjoyed (at being released). I am innocent and not the perpetrator,” he said.

Toshikazu Sugaya, right, smiles as he holds a bouquet during a press conference at a hotel in Chiba on Thursday afternoon. (Mainichi)     

Toshikazu Sugaya, right, smiles as he holds a bouquet during a press conference at a hotel in Chiba on Thursday afternoon. (Mainichi)

“I was falsely labeled as the perpetrator, and I have endured it for all these years. I want the detectives and prosecutors at that time to apologize to me,” Sugaya said. “Just saying that they were wrong can’t pay for this. I can never forgive them. I want my own life back.”

He also demanded an apology from the judges that convicted him.

Sugaya recalled how intensively he was grilled by investigators when they visited his home on the morning shortly before his arrest. “You killed the girl, didn’t you?” one of the investigators told him, according to Sugaya.

After his arrest, he underwent a grueling interrogation. “The detectives pulled my hair and kicked me, saying, ‘Confess right away and you’ll feel better.'”

“I told them all day long that I didn’t commit the crime but they didn’t accept my claim. Finally, I ended up being forced to make a confession,” Sugaya said.

When the trial began, Sugaya was so scared at the thought of the detectives who interrogated him might be sitting in the court’s gallery that he was unable to plead not guilty, he said.

Asked about his thoughts about the perpetrator, Sugaya said he cannot forgive the person though the 15-year statute of limitations has expired. “I would like to support those who are suffering from false accusations like me,” he added.

During the press conference, he smiled when he received bouquets from his supporters. Sugaya also expressed his gratitude to his defense lawyers for their support.

“I want to sing karaoke and eat sushi,” he said.

He said he was surprised when he was told by a prison official on Thursday that he was going to be released that day: “I had thought that my release would take some more time.”

Sugaya said he wanted to go back to his hometown of Ashikaga to see his brothers and tell the victim that he was not the culprit. After his arrest, Sugaya’s father died from shock, and his mother passed away two years ago.

When he visits his parents’ graves, he wants to tell them: “Please don’t worry any more, as I am not the perpetrator.”

Commenting on the case on Thursday, Prime Minister Taro Aso said at the Prime Minister’s Office: “He served for 17 years over a crime that he was not guilty of. This kind of thing shouldn’t have happened.”

However, Aso was cautious about the move to introduce the recording and filming of interrogation processes.

“I don’t think making (interrogations) visible would immediately lead to reducing false accusations,” he said.

The Tokyo High Court is highly likely to decide to open a retrial after conferring with both prosecutors and defense lawyers on June 12. If the Tokyo High Public Prosecutors Office does not file an objection, the retrial will then begin at the Utsunomiya District Court.

ENDS

============================

Commentary from M-J follows, with his permission:

============================

MJ:  I’ve read comments here and there on the blog from people who don’t believe that the police coerce confessions and use intimidation and strong-arm tactics. However, if Sugaya is telling the truth, it would seem the investigators of his case did exactly that. I suppose it could be argued that police tactics may have changed since the early 90’s, but I highly doubt it.

Man falsely convicted of child murder: ‘I want my own life back’
http://mdn.mainichi.jp/mdnnews/national/news/20090605p2a00m0na008000c.html?inb=rs
http://mainichi.jp/photo/archive/news/2009/06/04/20090605k0000m040096000c.html

New DNA evidence wins release for man after 17 years of life term for murder
http://mdn.mainichi.jp/mdnnews/national/news/20090604p2a00m0na011000c.html
http://mainichi.jp/photo/archive/news/2009/06/04/20090604k0000e040084000c.html

Aso pleased with improved DNA testing but against recording questioning of suspects
http://www.japantoday.com/category/crime/view/aso-pleased-with-improved-dna-test-accuracy-but-against-recording-questioning-of-suspects

Man jailed for life over 1990 murder of 4-yr-old girl freed after DNA test
http://www.japantoday.com/category/crime/view/man-jailed-for-life-over-1990-murder-of-4-yr-old-girl-to-be-freed-after-dna-test

The most interesting part for me was Aso’s view of filming interrogations and his quote, “I don’t think making (interrogations) visible would immediately lead to reducing false accusations.” Wow! I’ve never read an article regarding Aso’s reasoning leading to reluctance to film interrogations but I can’t logically come to the same conclusion. Japan obviously has no problem using video technology to deter crime (like the 363 cameras the NPA already operates as well as the 375 cameras they plan to install around elementary schools to prevent crimes against children http://www.asahi.com/english/Herald-asahi/TKY200906050288.html ) so why not tape something as important as suspect interrogations?

And a side note on the new lay jury B.S.:

Supreme Court says no promise to keep sex crime victims’ names from
jury candidates

http://www.japantoday.com/category/crime/view/supreme-court-says-no-promise-to-keep-sex-crime-victims-names-from-jury-candidates

It would be humiliating enough for a rape victim in Japan to come forward to press charges and have to deal with the lackadaisical attitude towards rape, but to potentially have your neighbours find out about it may deter more than a few victims i.e. this recent gang rape victim:
http://www.japantoday.com/category/kuchikomi/view/gang-rape-incident-a-by-product-of-kyotos-lenient-academic-culture

Yours, M-J

====================================

ENDS

Sankei: Police “cleaning up” Roppongi of shitsukoi NJ

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog. MS sent me an interesting article from May 26’s Sankei, reporting about how enjoyment of Roppongi is being spoiled by over-persistent street touts (a sentiment I somewhat agree with, but…), who lead people to bars that even the US Embassy is cautioning against. So we have the new “Clean Town Roppongi Action Group” launching into the breach, putting up cautionary billets in English and Chinese only Japanese (advertising “punishments”), organizing patrols and volunteer policing groups, and advocating “safety for each resident” (fortunately rendered as juumin, not kokumin). All this, says the article, justifiable under the new controversial Tokyo City ordinance banning “public disturbances”, passed last April. Here’s the Sankei article. Arudou Debito in Sapporo

sankei_shimbun5262009

Kyodo: 2 NJ defendants among first 13 new lay jury cases

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog.  Very simple thought about this:  That was quick!   Two days into the new system, and two of the first thirteen indictments are foreign?  That works out to a fifteen percent NJ crime rate.  Comments?  Mine are here, regarding the system before the lay jurors came about.  Debito in Sapporo

===========================

Two foreign defendants among first cases to be tried under new lay jury system

TOKYO —

Prosecutors nationwide indicted on Friday nine criminal suspects, including two murder suspects, to be tried under the newly introduced lay jury system, bringing the total number of such cases to 13. A day after the introduction of the system, the two murder suspects were indicted by Tokyo and Fukuoka prosecutors. Suspects in other serious crimes such as robbery resulting in injuries or attempted arson were indicted the previous day, but murder suspects were not included.

Also included in the 13 cases were a 21-year-old male university student of Mexican nationality and a 29-year-old female office worker of Canadian nationality, who were both indicted by Chiba prosecutors over drug smuggling. Lay jury trials for the 13 cases can begin as early as late July if each case has little to argue over and its pretrial agreement procedures end swiftly. Under the lay jury system that kicked off Thursday, jurors will engage in the process of determining the verdict, and in the case of a guilty verdict, what kind of sentence the person should be given.

ENDS

Japan Times on May 24 2009 new IC Chip Gaijin Card protest

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog. Got a call from friends Aly and Yumi yesterday, right after they attended the protest against the new proposed IC-Chipped Gaijin Cards, who told me the vibe was great and inspiring of future public action.

Here’s how it turned out in the Japan Times.  It was the most read article this morning. If you see any more articles, please feel free to include them in the Comments section below with text and links. Thanks. Debito in Sapporo

=====================================

Opponents of change to immigration law fear loss of privacy, other human rights violations
The Japan Times Monday, May 25, 2009 (excerpt)

By KAZUAKI NAGATA
Staff writer

More than 200 people rallied in Tokyo’s Shinbashi district Sunday to protest government-sponsored immigration bills they claim would violate the privacy of foreign residents and strengthen government control over them.

The protesters say the proposed system would allow the government to punish non-Japanese who fail to properly report their personal information, and could even make it possible for immigration authorities to arbitrarily revoke their visas.

The bills now before the Diet “would jeopardize the residency right and right of life (for foreign residents). Therefore, we strongly oppose the bills,” said Nobuyuki Sato of Research-Action Institute for the Koreans in Japan, one of the organizers of the protest rally and a meeting on the proposed legal changes…

Rest of the article at

http://search.japantimes.co.jp/cgi-bin/nn20090525a1.html

Kyodo: GOJ proposes GPS tracking of criminals. SITYS.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=Foreign Residents and Naturalized Citizens Association forming NGO\" width=「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. Regarding those dismissive of my Japan Times article last week, describing how IC Chips in the proposed new Gaijin Cards could be used for remote tracking and targeting of NJ, as “tinfoil-hat alarmism” etc.:

Can’t help it, but I’ll say it:

See, I told you so.

I posted this on Facebook last night, and got people saying GPS and RFID are two separate technologies, so it doesn’t matter.  Those who wish to discuss that here, go ahead.  My point remains that the political will is there to bell the cat, er, the criminal.  And given the GOJ’s propensity to treat all foreigners regardless of status as criminals (as opposed to immigrants), and to give the police free reign to rein in crime, to me  it’s only a matter of time before fitting the transponders leads to tracking them, by whatever means necessary.

Read on and comment.  Arudou Debito in Sapporo

===========================

GPS studied as tool to track ex-convicts

Kyodo News/Japan Times Sunday, May 24, 2009, Courtesy of Mark M-T
 
The Justice Ministry will begin research on how other countries employ satellite-based global positioning systems to locate people released from prison and to see if the systems work at discouraging repeat offenders.
      

Officials said they will not set the development of a similar system for Japan as the goal of the research, but said the move is likely to spark criticism among those who believe such surveillance violates human rights.

Countries including the United States, Britain, France, Germany and Canada already use GPS-based monitoring systems to track some former prisoners, and the ministry is planning to learn by the end of fiscal 2010, or March 31, 2011, why they did so, the purpose of their use, who is being targeted, what devices are used, and how the systems operate.

Some countries use GPS to prevent sex offenders visiting specific locations, while others use the technology to ease overcrowding in prisons by releasing offenders tagged with the devices.

The use of GPS was included as an item for study in an action plan finalized at a meeting of Cabinet ministers concerning crime prevention in December.

ENDS

「新たな在留管理制度」導入に抗議する5.24集会・デモ ご賛同のお願い

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
<転送歓迎>
*******
ストップ! 外国人いじめ法案
「新たな在留管理制度」導入に抗議する5.24集会・デモ ご賛同のお願い

「新たな在留管理制度」を導入する入管法・入管特例法改定案の審議がスター
トしています。この法案に反対している私たちは、下記のとおり5月24日に集
会とデモを行います。当日はぜひご参加をお願いしたく、ご案内申し上げる次
第です。また当集会・デモをへの賛同についてもご協力賜りますようお願い申
し上げます。

◆5.24集会・デモにご賛同ください。
個人:一口1000円
団体:一口2000円
郵便振替口座:00100-5-335113
加入者名:外国人人権法連絡会

※通信欄に「5.24 賛同金」とご記入ください。
※5月19日までにお振り込みいただくか、集会当日に現金をお持ちください。
※労働組合関係は、原則5口以上でお願いします。

**********************************************************************
ストップ! 外国人いじめ法案
当事者の意見も聴かずに決めるんですか?
利便性が向上するって本当ですか?
「新たな在留管理制度」導入に抗議する5.24集会・デモ
**********************************************************************

4月24日、衆議院法務委員会で、「新たな在留管理制度」を導入する入管法・
入管特例法改定案の審議がスタートしました。しかしその法案の対象となる外
国籍者のほとんどは、法改定について知らされていません。入管法・入管特例
法は、対象となるのが選挙権を持たない外国籍者であり、「自己決定」という
民主主義の原則から外れた法律です。しかしだからこそ、対象となる当事者か
ら意見を聴取する場が求められるのではないでしょうか。

また今回の法改定の目的の一つとして利便性の向上が謳われていますが、本当
にそうなのでしょうか? たとえば「新たな在留管理制度」では、対象となる
外国籍者に、住居地や配偶者との関係などの届け出義務を罰則(刑事罰)や処
分(在留資格取り消し処分)つきで課しています。しかしもし本当に便利な制
度なら、過剰な罰則や処分をつける必要が、なぜあるのでしょうか?

私たちは、当事者の意見を聴かずに進められる法案審議に抗議する集会とデモ
を下記のように開催します。当日は、参加者のリレートークを中心にすすめま
す。外国籍住民の声、「多民族・多文化共生社会」を求める街からの声を、国
会に届かせましょう!

◆日時:5月24日(日)
14:00-15:30 集会
16:00-17:00 デモ(新橋-銀座)
◆場所:交通ビル地下1階(東京都港区新橋5-15-5)
JR新橋駅(烏森口)より徒歩6分
http://www.kokuro.net/kaika004.pdf
◆資料代:500円(日本人のみ)
◆集会内容:法案の概要説明・参加者のリレートークなど
※通訳:英語・スペイン語
※デモでのプラカードやバナー持参大歓迎!

【主催】「新たな在留管理制度」導入に抗議する5・24集会実行委員会
(呼びかけ団体:移住連/外国人人権法連絡会)
【問合せ先】移住労働者と連帯する全国ネットワーク(移住連)
tel. 03-5802-6033, mail. fmwj@jca.apc.org
在日韓国人問題研究所(RAIK)
mail. raik@abox5.so-net.ne.jp
【実行委員会構成団体】
アジア女性資料センター/アムネスティ・インターナショナル日本/移住労働
者と連帯する全国ネットワーク/NPO法人 ABC Japan/外国人人権法連絡会/
外登法問題と取り組む全国キリスト教連絡協議会(外キ協)/神奈川シティユ
ニオン/カラバオの会/在日韓国人問題研究所(RAIK)/自由人権協会/全国
一般労働組合東京南部/全国労働組合連絡協議会/全統一労働組合/中小労組
政策ネットワーク/日本消費者連盟/反差別国際運動日本委員会/反住基ネッ
ト連絡会/フォーラム平和・人権・環境

◆法案批判の詳細は:http://www.repacp.org/aacp/

◆法案概要多言語パンフは:
日本語版
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafJPv01.pdf
日本語版(ふりがな付)
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafJPrubyv01.pdf
英語版
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafENv01.pdf
スペイン語版
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafSPv01.pdf
ポルトガル語
http://www.repacp.org/aacp/pdf/MultiLang/20090512LeafPTv01.pdf
中国語
http://www.repacp.org/aacp/pdf/MultiLang/20090501LeafCHv01.pdf

ENDS

Reminder: Protest against new IC Gaijin Cards May 24 Shinbashi Tokyo

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
AITEN SPECIAL MAILING May 2009

Amnesty International Tokyo English Network
By Chris Pitts
Subject: [AITEN] Rally against increased surveillance of NJ this Sunday May 24th
Date: May 18, 2009 3:16:47 PM JST

We have a special reason to send this special mailing about Sunday’s
action against the legal amendments currently proposed – the reason is
that they will affect YOU.
As the details become clearer, more and more people, both Japanese and
non-Japanese, are voicing opposition and organizing against the
proposals. We have a rare chance to influence government policy in the
few weeks ahead. Please support us:
• Pass this on to others in the next few days;
• Attend the assembly and rally this Sunday;
• If you can’t attend, find out about the proposed changes and alert
your friends and colleagues;
• The Japan Times tomorrow, Tuesday 19th, (Wednesday 20th in the
provinces) will carry a Zeit Gist article on the New IC “Gaijin Cards”
by Arudou Debito:

My article will be on the proposed legislation to make things more
“convenient” and “protected” for NJ residents: New Zairyuu Kaado with
biometric data stored on IC Chips.
Convenient? Yeah, for the police, not NJ. I make the case that, if
the legislation is passed, policing and punishments will only get
stricter, and the chipped cards will act as “bugs” encouraging further
police checkpoints and racial profiling…
• Read it!

• See you at Shimbashi on Sunday!

STOP! PROPOSALS TO CRACK DOWN ON FOREIGN RESIDENTS!
Rally Against Reforms to the Immigration Law

The “NGO Committee against the Introduction of the ‘Zai-ryu’ Residence
Card” calls on people living in Japan, both citizens and foreign
residents, to join together to oppose discriminatory reforms to
immigration law.

Date: May 24 (Sun) 14:00-15:30 Assembly
16:00-17:00 Rally

Location: Koutsu Biru in Shimbashi (Minato-ku, Shimbashi 5-15-5)
(6 minutes walk from JR Shimbashi Station, Karasumori Exit)
For leaflet and map:
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafENv01.pdf

Interpreters: English, Spanish

The assembly will include an overview of the proposed reforms to the
Immigration Law, and speeches by the affected parties. Participants
are encouraged to bring their own banners and signs to carry in the
demonstration.

BACKGROUND
A new registration card with IC chip will replace the current foreign
resident registration card.
Some people are saying that the proposed new “gaijin card” system is
just the same as the old system, but administered centrally. If only
it was that simple…

Under the new system, the Immigration Bureau will collect and control
personal information on foreign residents. A new foreign resident
registration card with an IC chip will be issued to replace the
current registration card.
The new registration card must be carried at all times…anyone not
carrying their card can be detained.
The new registration card must be up-to-date…if it isn’t you can be
fined up to 200,000 yen, and in some cases have your visa revoked!
The kind of IC chip to be used on the card can be read remotely –
meaning police can scan a crowd or line of people and snatch those
apparently not carrying one. This kind of IC chip is also readable by
criminals – making you more likely to be a victim of identity theft.
Documented foreigners will be subject to heightened surveillance,
while undocumented foreign residents will “disappear” from the record
and be excluded from social services entirely.

Find out how the proposals will affect you. Join the campaign to
oppose surveillance of foreign residents. AITEN says: Integrate, don’t
discriminate!

** PLEASE CHECK the following links to the leaflet in several
languages.**
– Japanese
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafJPv01.pdf
– Japanese with Furigana
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafJPrubyv01.pdf
– English
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafENv01.pdf
– Spanish/Espanol
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafSPv01.pdf
– Portuguese
http://www.repacp.org/aacp/pdf/MultiLang/20090512LeafPTv01.pdf
– Chinese
http://www.repacp.org/aacp/pdf/MultiLang/20090501LeafCHv01.pdf

Organized by:
Executive Committee for the May 24 Assembly Against Immigration Law
Reform (Solidarity Network with Migrants Japan,
Network for Human Rights Legislation for Foreigners)

Contact:
Solidarity Network with Migrants Japan,
Tel: 03-5802-6033 E-mail: fmwj@jca.apc.org
Research Action Institute for Koreans in Japan (RAIK)
raik@abox5.so-net.ne.jp

ENDS

Various respondents: Police crackdowns in Roppongi and elsewhere, Olympic Bid cleanup?

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog.  I’ve been receiving bits and pieces of information from people who frequent Roppongi, with rumors of police cracking down on this foreign enclave.  If not nationwide at places of business. If others have more experiences to share, feel free to comment.  The US Embassy has indeed warned people to stay out of the area.  Read on.  Three posts follow.  Arudou Debito in Sapporo

============================

May 15, 2009

(identifying details redacted upon request)

Big heads up to any of you who may be inclined to stray into Roppongi and sample the more exotic mind-altering products…      

A friend a friend who is a bilingual, long-term resident has just found himself in the clink facing down a multi-year jail sentence for simply testing positive (urine test) to a “Class A substance” … whatever that means. Apparently a couple of weeks ago 100 police raided a regular nightclub (not a rave or trance party or anything like that) and dragged out 100 people and held them for testing.

Also, apparently, the police are on a drive to “clean up” Roppongi as a part of the Olympic bid (OK, we are getting into big-time hearsay/rumour there, but that is what my friend heard), and before this incident the US Embassy had issued a warning to all its staff to simply stay away from Roppongi. Even if you are completely clean, getting caught up in one of these raids could cost you several days of liberty before you are processed, cleared and allowed to go. No apologies, nothing.      

So, be warned, tell any of your friends who may have a predilection for such activities.
============================

From: American Embassy Tokyo [mailto:tokyoacs@state.gov]
Sent: Tuesday, March 17, 2009 12:36 PM
Subject: Warden Message ・Roppongi Security Notice      

Date: March 17, 2009

This is to inform the American community that the U.S. Embassy has
recommended that the embassy community avoid frequenting Roppongi bars and clubs in Tokyo due to a significant increase in reported drink-spiking incidents.  American citizens may choose to avoid frequenting drinking establishments in this area as well.

The number of reports of U.S. citizens being drugged in bars has increased significantly in recent weeks.  Typically, the victim unknowingly drinks a beverage that has been secretly mixed with a drug that renders the victim unconscious for several hours, during which time large sums of money are charged to the victim’s credit card or the card is stolen outright.  Victims sometimes regain consciousness in the bar or club, while at other times the victim awakens on the street.

Because this type of crime is already widespread in Roppongi bars and is on the rise, the U.S. Embassy has recommended that members of the embassy community avoid frequenting drinking establishments in this area.  American citizens may consider this recommendation as it applies to their own behavior.  If you, nevertheless, choose to participate in Roppongi night life, we urge you to remain extra vigilant of your surroundings and maintain a high level of situational awareness.  Establishments in the area of Roppongi Intersection (Roppongi Dori and Gaienhigashi-dori) have had the highest level of reported incidents.

For further information please consult the Country Specific Information Sheet for Japan, available via the Internet at http://travel.state.gov. U.S. citizens living or traveling abroad are encouraged to register with the nearest U.S. embassy or consulate through the State Department’s travel registration web site at https://travelregistration.state.gov/ibrs/ui/ so that they can obtain updated information on travel and security.  Americans without Internet access may register in person with the nearest U.S. embassy or consulate.  By registering, American citizens make it easier for the embassy or consulate to contact them in case of emergency.

U.S. citizens are strongly encouraged to maintain a high level of vigilance, be aware of local events, and take the appropriate steps to bolster their personal security.  For additional information, please refer to “A Safe Trip Abroad” found at http://travel.state.gov.

For further information or any emergencies involving American citizens, please contact the American Citizens Services (ACS) Unit of either the U.S. Embassy in Tokyo or one of the U.S. Consulates in Japan listed below:

U.S. Embassy in Tokyo
American Citizen Services
1-10-5 Akasaka, Minato-ku, Tokyo 107-8420
Tel: 03-3224-5174
Fax: 03-3224-5856
http://japan.usembassy.gov/e/tacs-main.html

ENDS

============================

May 17, 2009

Dear Debito, I enjoy reading your blog as always!

These days I have been going to bed early but I happened to find my way to a Roppongi club for the birthday party of a friend. The club is called Muse and is quite popular in the area. I always go there and have no problems with the staff, but I noticed an interesting sign in English. It said something to the effect of “To all foreign customers, we are checking Japanese government issued ID of all foreigners on the advice of the police. Thank you for your cooperation”. 

I in fact did not experience a check in spite of the sign, but the sign seems to indicate to me that the police are pressuring places to make alien card checks on foreigners. This wouldn’t be the first time, even today. Earlier in the day I went to Nissan Rentacar when I often rent cars and for the first time was asked for my alien card. I said “nande?” in Japanese and the staff member promptly said “Umm… ohh.. never mind, actually you live in Japan right? So no problem.” The same sort of thing has happened to me at a hotel in Mie prefecture where the guy specifically asked for my alien card before promptly withdrawing the request when I questioned it.

These three things lead me to the same conclusion. There seem to be multiple campaigns underway by someone (perhaps the police) for a number of establishments to check alien registration cards. For me this is not acceptable. The club was the worst example but the other two are not far behind. Perhaps the police are an organization that can be targeted in a demand for change.  Best Regards, AM
ENDS

Japan Times May 20, 2009: “IC you: Bugging the Alien” article on new Gaijin Cards

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog.  Here’s the JT version of my article yesterday, with links to sources. Enjoy!  Debito in Sapporo

IC you: bugging the alien

New gaijin cards could allow police to remotely track foreigners

http://search.japantimes.co.jp/cgi-bin/fl20090519zg.html

When the Japanese government first issued alien registration cards (aka gaijin cards) in 1952, it had one basic aim in mind: to track “foreigners” (at that time, mostly Korean and Taiwanese stripped of Japanese colonial citizenship) who decided to stay in postwar Japan.

Gaijin cards put foreigners in their place: Registry is from age 16, so from a young age they were psychologically alienated from the rest of Japanese society. So what if they were born and acculturated here over many generations? Still foreigners, full stop.

Even today, when emigrant non-Japanese far outnumber the native-born, the government tends to see them all less as residents, more as something untrustworthy to police and control. Noncitizens are not properly listed on residency registries. Moreover, only foreigners must carry personal information (name and address, personal particulars, duration of visa status, photo, and — for a time — fingerprints) at all times. Gaijin cards must also be available for public inspection under threat of arrest, one year in jail and ¥200,000 in fines.

However, the Diet is considering a bill abolishing those gaijin cards.

Sounds great at first: Under the proposed revisions, non-Japanese would be registered properly with residency certificates (juuminhyou). Maximum visa durations would increase from three years to five. ID cards would be revamped. Drafters claim this will “protect” (hogo) foreigners, making their access to social services more “convenient.”

However, read the fine print. The government is in fact creating a system to police foreigners more tightly than ever.

Years ago, this column (“The IC You Card,” Nov. 22, 2005) examined this policy in its larval stage. Its express aims have always been to target non-Japanese in the name of forestalling crime, terrorism, infectious diseases and the scourge of illegal aliens. Foreigners, again, are trouble.

But now the policy has gone pupal. You might consider helping chloroform the bug before it hatches. Here’s why:

The “new gaijin cards,” or zairyuu kaado (ZRK), are fundamentally unchanged: The usual suspects of biometric data (name, address, date of birth, visa status, name and address of workplace, photograph etc. — i.e. everything on the cover of your card) will be stored digitally on an embedded computer chip. Still extant is the 24/7 carrying requirement, backed by the same severe criminal punishments.

What has changed is that punishments will now be even swifter and stricter. If you change any status recorded on your chip and don’t report it to the authorities within 14 calendar days, you face a new ¥200,000 fine. If you don’t comply within three months, you risk losing your visa entirely.

Reasonable parameters? Not after you consider some scenarios:

• Graduate high school and enroll in college? Congratulations. Now tell the government or else.

• Change your job or residence? Report it, even if your visa (say, permanent residency or spouse visa) allows you to work without restrictions anywhere.

• Get a divorce, or your spouse dies? Condolences. Dry your eyes, declare the death or marital mess right away, and give up your spouse visa.

• Suffering from domestic violence, so you flee to a shelter? Cue the violins: A Japanese husband can now rat on his battered foreign wife, say she’s no longer at his address, and have her deported if she doesn’t return to his clutches.

Foreigners are in a weaker position than ever.

Now add on another, Orwellian layer: bureaucratic central control (ichigen kanri). Alien registration is currently delegated to your local ward office. Under the new system, the Ministry of Justice will handle everything. You must visit your friendly Immigration Bureau (there are only 65 regional offices — not even two per prefecture) to stand in line, report your changes and be issued with your card.

Try to get there within what works out to be a maximum of 10 weekdays, especially if you live in a remote area of Japan (like, say, Hokkaido or an Okinawan island). Then try to explain away a lost workday in this corporate culture.

Now consider refugees. They don’t even get an ID card anymore. They won’t be able to open a bank account, register to attend schools, enter hospital, or qualify for social insurance anymore. No matter; our country accepts fewer than a few dozen refugees every year; they shouldn’t have come here anyway, thinking they could impose upon our peaceful, developed country.

That’s still not the worst of it. I mentioned that embedded computer chip. The ZRK is a “smart card.” Most places worldwide issue smart cards for innocuous things like transportation and direct debit, and you have to swipe the card on a terminal to activate it. Carrying one is, at least, optional.

Not in Japan. Although the 2005 proposal suggested foreign “swiping stations” in public buildings, the technology already exists to read IC cards remotely. With Japan’s love of cutting-edge gadgets, data processing will probably not stop at the swipe. The authorities will be able to remotely scan crowds for foreigners.

In other words, the IC chip is a transponder — a bug.

http://en.wikipedia.org/wiki/Contactless_smart_card#Identification

http://www.dameware.com/support/kb/article.aspx?ID=300080

Now imagine these scenarios: Not only can police scan and detect illegal aliens, but they can also uncover aliens of any stripe. It also means that anyone with access to IC chip scanners (they’re going cheap online) could possibly swipe your information. Happy to have your biometric information in the hands of thieves?

Moreover, this system will further encourage racial profiling. If police see somebody who looks alien yet doesn’t show up on their scanner (such as your naturalized author, or Japan’s thousands of international children), they will more likely target you for questioning — as in: “Hey, you! Stop! Why aren’t you detectable?”

I called the Immigration Bureau last week to talk about these issues. Their resident experts on ZRK security said that data would be protected by PIN numbers. The bureau could not, however, answer questions about how police would enforce their next-generation gaijin card checkpoints. Those police are a different agency, they said, and there are no concrete guidelines yet.

Come again? Pass the law, and then we’ll decide law enforcement procedures? This blind faith is precisely what leads to human rights abuses.

One question lingers: Why would the government scrap the current alien policing system? For nearly six decades, it effectively kept foreigners officially invisible as residents, yet open to interrogation and arrest due to a wallet-size card. What’s broke?

Local government. It’s too sympathetic to the needs of its non-Japanese residents.

Remember Noriko Calderon, whose recently deported parents came to Japan on false passports? Did you ever wonder how she could attend Japanese schools and receive social services while her parents were on expired visas?

Because local governments currently issue the gaijin cards. At their own discretion, they can even issue ID to visa overstayers. Rendered as zairyu shikaku nashi (no status of residence), the card can be used to access social services. They can live relatively normal lives, as long as they avoid police gaijin-card checkpoints.

Why are local governments so sweet? With high concentrations of non-Japanese residents, many see foreigners as human beings needing assistance. After all, they keep local factories humming, pay taxes and add life to local infrastructure. Hamamatsu in Shizuoka Prefecture and Yokkaichi, in Mie, have long petitioned the national government for improvements, such as facilitating foreign access to public services and education, and easing registry and visa applications.

After years of deaf ears, the central government took action. Under the rhetoric of “smoking out illegal aliens,” Prime Minister Junichiro Koizumi in 2005 pledged to “make Japan the world’s safest country again” by halving the number of visa overstayers by 2010.

Never mind that the overall trend in Japan is toward devolving power to the provinces (chiho bunken); Japan now wants to rein in local governments because they poke holes in their dike. It’s still a shame the proposed plugs make life impossible for refugees, and harder for any law-abiding non-Japanese resident with a busy life.

Still, did you expect the leopard to change its spots? Put immigration policy in the hands of the police and they will do just that — police, under a far-removed centralized regime trained to see people as potential criminals.

This is counterproductive. As we’ve said in this column many times before, an aging Japan needs immigration. These new gaijin cards will make already perpetually targeted foreigners (and foreign-looking Japanese) even less comfortable, less integrated members of society.

Why stop at bugging the gaijin? Why not just sew gold stars on their lapels and be done with it?

Fortunately, a policy this egregious has fomented its own protest, even within a general public that usually cares little about the livelihoods of foreigners. Major newspapers are covering the issue, for a change. The opposition Democratic Party of Japan wants the bill watered down, vowing to block it until after the next general election.

The coalition group NGO Committee against Resident Alien Card System (www.repacp.org/aacp) has as its banner “Less policing, more genuine immigration policy that promotes multiethnic co-existence.”

On Sunday afternoon, there will be a demonstration in Tokyo against the new gaijin cards. Do attend if so inclined.

=================

A public assembly against the new IC-chip gaijin cards will take place Sunday, May 24, 2-5 p.m. at the Koutsu Building, Shimbashi 5-15-5, Tokyo. For further information,see www.repacp.org/aacp/pdf/MultiLang/20090420LeafENv01.pdf or contact Amnesty International Japan via www.amnesty.or.jp or by mail at ksonoko@amnesty.or.jp. Send comments to community@japantimes.co.jp
ENDS 

Metropolis & Japan Today: “Proposed NJ resident registry card creates Big Brother concerns”

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Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog. To lead this week off, here’s an article about a subject I’ll be writing about in tomorrow (Tuesday)’s Japan Times. Beat me to it. But more articles on this, the merrier. This proposed legislation concerning the new Gaijin Cards cannot go without comment, even opposition. My Japan Times article will be voicing opposition. Meanwhile, enjoy Metropolis’s very thorough and well-considered version below. Arudou Debito in Sapporo

==========================================

Proposed resident registry card for foreigners creates Big Brother concerns

http://www.japantoday.com/category/lifestyle/view/now-new-resident-registry-card-for-foreigners-create-big-brother-concerns#show_all_comments

Metropolis and Japan Today, May 16, 2009 By Andy Sharp, courtesy of lots of people

TOKYO —All foreigners in Japan know him. The 62-year-old isn’t particularly loved — he’s a bit of a square — but we’ve all had to live with him and even take him out with us every day. Like many of his generation, he could keep on working, but he’s recently learned that he may have to settle for his pipe and slippers sooner rather than later.

The Baby Boomer in question is the Certificate of Alien Registration, or gaijin card, a form of ID that non-Japanese residents have been required to carry since the enactment of the Alien Registration Order in May 1947.

It may come as a surprise to learn that, if the government gets its way, the card will be consigned to the bureaucratic scrapheap. The Diet is currently debating bills to replace “gaikokujin torokusho” with a new residency (“zairyu”) card, which would shift administration of alien registration from municipal offices to the Immigration Bureau.

So what are the government’s plans? And, more importantly, what are the implications for foreigners?

If enacted, the bills submitted by the Cabinet in March would revise three laws — the Basic Resident Registration Law, the Immigration Control and Refugee Recognition Act, and the Special Law on Immigration Control — with the government looking to pass them before the end of the current ordinary Diet session on June 3. Once passed, the revisions would become effective in less than three years.

According to the immigration bureau, the government’s main aims are to simplify the administration of foreigners by having the bureau handle nearly all paperwork related to immigration and residency; reduce the burden on foreigners living legally in Japan by extending visa periods and relaxing re-entry rules; ensure all legal aliens join social insurance and state pension schemes; track the movement of foreigners more closely; and clampdown on illegal aliens such as visa overstayers by denying them the right to carry the new card.

However, opposition parties, legal organizations and migrant activists have slammed the revisions. They claim the changes could impose excessive fines for failure to carry the card, make notification of status changes less convenient, and lead to undue dissemination of personal information and excessive monitoring of foreigners.

One aspect of the revisions few would bemoan is the extension of the three-year visa to five years, and the removal of the need to obtain a re-entry permit for residents who leave the country for less than a year. The revisions would also give foreigners some parity with locals by placing them on the same Basic Residents’ Registration Network, or Jumin Kihon Daicho Netowaku, a system the government created to enable easy exchange of information between municipal offices. There is, however, one significant difference.

The Juki-net cards distributed to Japanese do not have numbers printed on them, and the law strictly protects information on the IC chip imbedded in the cards. But as the revisions stand, numbers would be printed on foreigners’ cards, and a greater amount of data could be kept on the chip. While this would ostensibly enable smoother administration, critics have conjured up an image of a regulatory Big Brother tracking foreigners more rigorously than their Japanese neighbors.

Immigration bureau documents state that, in addition to a photograph, the following information would be printed on the cards: name; date of birth; sex; nationality; address; visa status, type and expiry date; card number, issue; date; expiration date; working restrictions; and other necessary information stipulated in justice ministry ordinances. But with the documentation also stating that some or all of this data may be recorded on the chips, opponents fear what may be held in this “other information.”

Masashi Ichikawa, an attorney involved with the Japan Federation of Bar Associations, is concerned about unwarranted access to such personal details.

“The card could be used as identification at places such as banks and libraries, where the chip could be read and the card number recorded,” he says. “I fear that people reading the card would be able to tell how much money is in a person’s account or what books they are borrowing. Authorities such as the police and immigration would be able make inquiries to banks and other places to ask for information on a person’s number.”

Ichikawa also sees disparities between the treatment of foreigners and Japanese. “The law on resident registration for Japanese permits only the card number to be recorded on the IC chip — not the card — and does not make available information from private establishments such as banks. We want foreigners to be protected in the same way as Japanese.”

An Orwellian nightmare?

However, Kazuyuki Motohari of the immigration bureau’s general affairs division says that the IC chip has only been put on the cards to make it easier to share information between government ministries, agencies and local authorities. He also fends off fears of an Orwellian nightmare.

“Only the minimum amount of information would be put on the cards,” he says. “We’ll only perform data matching when absolutely necessary, such as to check whether a person works where they say they do — no more. The IC chip has not been put in for other people to read.”

Opponents point out that the revisions contradict the government’s objective of keeping closer tabs on foreigners. Under the current system, undocumented residents, overstayers and asylum seekers can obtain a gaijin card and access to basic education and health services. But the changes would prevent the issue of zairyu cards to such people — effectively rendering these individuals invisible.

It would still be a crime, however, for foreigners to not always carry the new card. The current law, which the immigration bureau says would not change in the revisions, specifies that aliens must present certification (i.e. the gaijin card) to officials such as immigration inspectors and officers, police officers and maritime safety officers, but mentions nothing about having to show the card as identification to private organizations such as cell phone companies and banks.

The maximum fine for failing to carry the new card would remain at 200,000 yen. Yet the immigration bureau’s Motohari says he cannot recall a case in which a fine has been levied on a legal card-carrying alien who pops out of his house for a short time without it. Even so, opponents are hammering the government to drop this obligation.

“Making all foreigners carry cards is excessive regulation,” Ichikawa says. “There are bad foreigners and also bad Japanese. We don’t think it’s necessary to oblige foreigners, especially permanent residents, to show their card on request. Even the United Nations says it’s wrong to make people with permanent residency in a country carry such a card.”

Azuma Konno, an upper house Democratic Party of Japan lawmaker, says: “The DPJ is considering amending the revisions so people are cautioned rather than fined for failing to carry the cards.”

Notifying authorities of changes in status, such as when you start a new job or get married, is currently relatively straightforward — you just head down to your local municipal office and do the necessary paperwork. The proposed changes, though, could make things more troublesome, as notifications would have to be made at your local immigration office. That means Tokyoites would have to squeeze onto the No. 99 bus at Shinagawa with the rest of humanity to the dreary office in Konan.

Failing or forgetting to notify authorities of a change in status could also come at a heavy price. It would still be possible to change your address at your municipal office, but you must report it within 14 days, and failure to do so within 90 days could mean annulment of your visa — and deportation. Foreigners on spouse visas would have to report to the immigration bureau within 14 days in cases of divorce, or the death of a spouse.

A contentious element is that a visa could be nullified if a person, in cases such as separation or living apart, is not engaged in “marital activities” for three months or more (something many Japanese couples do when one partner is “asked” by his or her company to relocate). The 14-day notification period and 90-day potential cancellation would also apply when foreigners on common visas switch jobs.

The immigration bureau stresses it has considered the plight of foreigners and would take personal circumstances into account when making decisions on visa annulment. “We are considering other more convenient ways to make notifications, such as online or by mail,” Motohari says. “We hope to lessen the burden on foreigners as much as possible.”

The bureau says it has held meetings to gather views from both Japanese and aliens. It also claims it has not widely publicized the content of the revisions because it wants to focus its efforts on getting them passed into law before it provides information to the foreign community.

Opponents, however, insist the government hasn’t really listened to non-Japanese viewpoints and that the insubstantial press coverage has meant few foreigners are aware of the government’s plans, denying them the opportunity to protest.

But with groups such as the Solidarity Network with Migrants Japan organizing rallies and hearings in which opposition lawmakers, Korean groups and legal organizations put counterarguments to the government, the revisions could wind up significantly amended.

Moreover, should the government fall and a DPJ-led administration take office — a distinct possibility this year — before the bills are passed, one 60-something gent could find he has to put his retirement plans on hold for a while.

How will the new card affect you?

Pros
– Typical length of visa stay changed from three years to five years
– No need to obtain a re-entry permit when leaving the country for less than a year
– Assurance that all legal foreigners will be placed on social insurance and state pension schemes
– Administrative procedure simplified
– Possibility to notify authorities of certain changes of status by email or post

Cons
– Notification of most changes of status must be made at Immigration Bureau rather than at local municipal offices
– IC chip on the new card raises privacy concerns
– Asylum seekers and visa overstayers won’t be eligible to receive the cards, resulting in possible loss of basic health and education services
– Possibility of visa annulment if status notifications are not made within a 90-day period

This story originally appeared in Metropolis magazine (www.metropolis.co.jp).

Chunichi Shinbun May 11, 2009 on New IC Gaijin Card debate

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. Excellent article in yesterday’s Chunichi Shinbun on what’s the problem with the new proposed IC Gaijin Cards, and how the extra policing that NJ will have to endure will just make life worse for a lot of people. Again, the goal is only to police, not to actually help NJ assimilate and make a better life here.

In particular, read the contrarian arguments. Now this is how we proceed with a debate. We get people who know what they’re talking about to express the minority view (for where else is it going to be heard?). As opposed to last night’s terebi bangumi TV Tackle, which basically had the status quo maintained with the same old commentators spouting much the same old party lines. Article courtesy of Dave Spector. Arudou Debito in Sapporo

immigration_235

入管法改正案:反対であす市民団体がデモ 「逆行の動き、納得できない」 /大阪

 ◇外国籍住民を一元管理

毎日新聞 2009年5月8日 地方版

http://mainichi.jp/area/osaka/news/20090508ddlk27040357000c.html

 法務省が外国籍住民の在留情報を一元管理する入管法改正案などに対し、府内の在日外国人や市民団体などが「外国人を監視し、分断・差別や人権侵害を招く」と反発している。既に国会審議が始まっており、大阪市内で9日、廃案を訴えるデモ行進をする。

 新しい在留管理制度は、短期滞在(90日以内)や特別永住者(在日コリアンら)を除く中長期滞在者に、ICチップ内蔵の在留カードを交付。顔写真や氏名、生年月日、在留資格、期間などの情報を記載させ、さらに外国人が所属する企業や大学、日本語学校などに就労・就学状況の報告を義務付け、法務省が情報を集中的に把握する。

 カードの常時携帯や居住地を変更した場合の届け出を怠れば刑事罰を科し、在留資格取り消し理由になる場合もある。

 在日中国人2世で「永住者」の在留資格を持つ徐翠珍さん(62)=大阪市西成区=は「戦前から日本に溶け込んで生活している私たちが、いまだに住民として認められない」と憤り、チラシ配布の活動を続ける。

 徐さんはかつて、外国人登録の更新時に指紋押なつ(99年全廃)を拒否して逮捕された。「現行の外国人登録証の常時携帯や切り替えがなくなり、地方参政権も得られるようになると期待したのに、全く逆行する動きは納得できない」と話す。

 デモ行進は、午後3時に同市西区新町1の新町北公園(大阪厚生年金会館南側)に集合。御堂筋を通って中央区難波5の高島屋大阪店までの約2キロを歩く。問い合わせは、主催のカトリック大阪シナピス(06・6942・1784)。【立石信夫】

ends

Asahi: domestic resistance to new IC Gaijin Cards

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog.  As Debito.org reported two days ago (with the upcoming Tokyo May 24 public demonstration by Amnesty International et al), there is domestic protest against the proposed new IC Gaijin Cards — it’s even made domestic media.  Good.  Suggest you get involved and spread the word.  Yesterday’s article from Asahi Shinbun, translated by William Stonehill.  Courtesy of TimK at PALE.  Arudou Debito in Sapporo
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“Proposed tightening of Foreigner residency control draws negative reactions”
Asahi Shinbun, April 30, 2009, page 3.  

Scan of article at very bottom.

The review of the proposed new section of the laws controlling residency of foreigners in Japan under exit and entry laws for foreigners is currently taking place in the Legal Subcommittee of the Lower House. Although on one hand it is expected that the law will have the effect of reducing illegal residency in Japan, on the other hand criticism is being heard that this law “Can be seen as nothing more than making foreigners (residing in Japan) an object of surveillance”.

Under the current system of foreigner registration, which the government leaves up to local governments, there is no attempt to determine whether foreigners are residing legally in Japan or not.Even  Illegal residents can apply for foreigner registration at any local government office because this is used as an identity card to open a bank account or look for work.

Because information on immigration status is under the management of the Ministry of Justice, there is no obligation for foreigners to report change of address so it is difficult to discover their exact residency status.To end this problem, the Ministry of Justice has proposed a system whereby all different status reports are brought under one roof.

The central tenet of this (proposed) system is a “Residency Card”. It will use an IC Chip to be hard to counterfeit, and will carry the name, address and immigration status of the holder.It will also carry information on work permissions, enabling speedy discovery of illegal workers. All foreigners above the age of 16 who have resided in Japan for more than three months will be required to carry it and be subject to criminal penalties if discovered without it. The present Gaikokujin Torokusho will be abolished.

The Ministry of Justice further contends that the number of items actually reported on will be reduced as compared to the present Gaikokujin Torokusho: Residency will be increased from the current limit of three years to five years and application, changes and renewal will be simplified along with other changes that the Ministry of Justice insists will make it more convenient for foreigners.

However, negative reactions, mainly from human rights NPO groups that support foreigners are very strong. Numerous faults with the law, have been pointed out one after the other–The requirement that foreigners carry the residency card with them at all times is excessive, criminal penalties for not carrying it are too heavy, canceling residency privileges because of errors in reporting address or because of getting married without reporting it are too severe, the human rights of foreigners who are attempting to flee from domestic violence are not protected, refugees, whose necessarily must undergo a lengthy administrative process are not covered by this law and their status is left vague (and other problems).

Hatate Akira, head of the group “Freedom and human rights coalition” has attacked the very philosophical basis of the law saying that “This new level of surveillance (of foreigners) will lead to increased discrimination” In response to this, the Japan Democratic Party has proposed dropping from the law the requirement to carry this identity card and the imposition of criminal penalties for not doing so, as well as other modifications.

Once a new law on foreigner residency is approved, it will be put into operation within three years of passage.At present, the question of how to treat the (estimated) 110,000 illegal resident of Japan remains. (….here the article goes on to discuss illegal resident and the special problems of Korean and Chinese permanent residents of Japan)

//////////////////////////////////////////////

asahinewgaijincard043009001

Amnesty Intl May 24 Tokyo protest against Diet bills under deliberation to further police NJ residents

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog.  Here’s a nice roundup from Amnesty International about upcoming GOJ proposals for further policing NJ residents, and what you can do to protest them.  Mark your calendars. Arudou Debito in Sapporo

Say no to immigration law revision!

An assembly and rally will be held to protest amendments to the law.  Everyone is welcome to attend!

Date : May 24th (Sun) 14:00-15:30

Assembly 16:00-17:00 Rally

Place : Koutsu Biru (Tokyo, Minato-ku, Shimbashi5-15-5)

6 minutes’ walk from Shimbashi station (JR Line, Karasumori-guchi)

Bills are now under discussion in the Diet to impose tighter control on foreign residents.

This is information from Amnesty International Japan regarding controversial bills under discussion in the Diet to impose tighter control on foreign residents. I would appreciate if you could pass these to anyone interested.

Brochures in different languages are available as below (keep reading):

Sonoko Kawakami
Amnesty International Japan

Sonoko Kawakami
Campaign Coordinator
Amnesty International Japan
2-2-4F Kanda-NIshiki-cho, Chiyoda-ku
Tokyo 101-0054 JAPAN
TEL:+81-3-3518-6777 FAX:+81-3-3518-6778
E-mail:ksonoko@amnesty.or.jp

English
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafENv01.pdf

Contents:

==================================

Tighter regulations on foreign residents

A new registration card with IC chip will replace the current foreign resident registration card.

Bills revising the Immigration Control and Refugee Recognition Act and Basic Resident Registration Law were submitted to the Diet to create a new residence control system and resident certificate system for foreigners.

Under the new system, the Immigration Bureau will collect and control personal information on foreign residents. A new foreign resident registration card with an IC chip will be issued to replace the current registration card.

Further, the revision of the Basic Resident Registration Law aims to establish a resident certificate system for foreign residents in order to provide administrative services.

The new registration card must be carried at all times.

The new registration card will be issued to foreign residents who are officially permitted to stay in Japan for 3 months or longer. Foreigners must always carry the new registration card when going out, or be subject to penalties.

You will be required to provide a wide range of information to the Immigration Bureau.

1. The new registration card will be issued at the Immigration Bureau, rather than at the local municipal office.
2. Depending on your visa status, you will be required to report a wide range of information to the Immigration Bureau. Failure to report is punishable by a fine, and possible revocation of visa (see the following points).

Foreigners officially permitted to stay in Japan for 3 months or longer
You must report any change of address to the municipal office within 14 days when you move. The office will send the address change to the Immigration Bureau.

Your visa status can be cancelled if you don’t report within 90 days.

Foreigners with “Spouse of Japanese National” or “Spouse of Permanent Resident” visa status
You must report to the Immigration Bureau within 14 days in the case of divorce, or death of your spouse.

Your visa status can be cancelled if you are continuously “inactive as a spouse”, e.g. due to separation, for 3 months or longer.

Foreigners with working visas including “Specialist in Humanities/ International Services”, “Engineer”, “Skilled Labor”, “College Student” or “Trainee”
You must report to the Immigration Bureau the name and address of the organization to which you belong. If you leave the reported organization and join another (i.e. change jobs or schools), you must report it. In the case of “Specialist in Humanities/ International Services”, “Engineer”, or “Skilled Labor”, you must report to the Immigration Bureau within 14 days if your contract ends or you enter into a new contract

Your visa status can be cancelled if you do not conduct the permitted activity continuously for a period of 3 months or longer.

Undocumented residents and asylum seekers become invisible.

Under the revised law, undocumented residents and asylum seekers will not be issued the new foreign resident IC card. In addition, they cannot register as residents at municipal offices unless they have permission for provisional stay or landing permission for temporary refuge. It is of grave concern that they will face even greater difficulties in going to school or hospital.

◆ Immigration Bureau will collect and control personal information on foreigners

It will be technically possible for the Immigration Bureau to match a foreigner’s personal information with the data gathered from his/her employer or other institution, and use it when deciding the change of visa status or extension of period of stay.

=========================

Spanish
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafSPv01.pdf

Japanese
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafJPv01.pdf

Jananese with furigana
http://www.repacp.org/aacp/pdf/MultiLang/20090420LeafJPrubyv01.pdf

Best regards,

Sonoko Kawakami
Amnesty International Japan

Sonoko Kawakami
Campaign Coordinator
Amnesty International Japan
2-2-4F Kanda-NIshiki-cho, Chiyoda-ku
Tokyo 101-0054 JAPAN
TEL:+81-3-3518-6777 FAX:+81-3-3518-6778
E-mail:ksonoko@amnesty.or.jp

ENDS

From the archives: How criminals fool the police: talk like foreigners!

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. Friend MS was cleaning out his files and found this. Mainichi Daily News July 19, 2000. This is not the first time I’ve found cases of NJ being blamed for J crime. Check out three cases (Mainichi 2004 and 2006). where 1) biker gangs told their victims to blame foreigners, 2) a murderer and his accomplice tried to say a “blond” guy killed his mother, and 3) an idiot trucker, who overslept late for work, tried to claim that a gang of foreigners kidnapped him!

How many other crimes have been pinned on foreigners in this way, one wonders. Arudou Debito in Sapporo

mdn07192000

ENDS

Japan Times: Police surprisingly mellow when dealing with Japanese shoplifting

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog. Turning the keyboard to Shrikant Atre, frequent letterwriter to the Japan Times, who makes an interesting observation:

—————————————————————————–
Amazing shoplifting statistics revealed by JT report
—————————————————————————-

Dear Debito,

I was surprised and shocked by the news below. News is about the statistics of shop-lifting (Manbiki) and how the NPA is looking at it. See below.

http://search.japantimes.co.jp/cgi-bin/nn20090413a5.html

Japan Times Monday, April 13, 2009
Tokyo police to survey shoplifting suspects
Kyodo News
The Metropolitan Police Department has decided to conduct a survey on about 2,000 shoplifting suspects concerning their motives and whether they premeditated the crime as the number of shoplifting cases has been on the rise, according to Tokyo police officials.


Finding out more about the living conditions and the mental state of such suspects could help prevent further escalation of shoplifting crimes, the officials said.

The police will collect information based on questioning for about two months from later this month, covering 30 survey items including the suspect’s occupational status and whether they are on welfare.


The survey items also include why the suspects chose a particular shop and if there was something that could have prevented them from carrying out the crime.


The police will compile the data by dividing up the results into first-time offenders and repeat offenders…

Rest of the article at http://search.japantimes.co.jp/cgi-bin/nn20090413a5.html

COMMENT: I think any crime is a crime. If the NPA tries to solve the problem by “counselling and trying to find out Mental State of criminals involved in these cases” this must be another form to forcibly reduce crime rate of (I suspect crimes done by J citizens) in Japan.

I wanted JT to find out that out of the 17,816 cases alone in Tokyo last year, how many were NJ criminals ? How many J criminals have been “Councelled and Let to go with a small verbal notice”.

The same report states that “Items worth over 300 billion yen are shoplifted each year in Japan where the crime is usually seen as a minor offense”.

Now, if there are 145,429 cases reported in last year in Japan which has a population of 125 million, it means that 1.16 percent of all the Japanese people (unless only NJ did all the said crimes) ARE Criminals. Good indication ! All the world should watch Japanese Tourists instead of making a YOKOSO to them. Also the same report statistics if believed, these 1.16% people stole goods worth of 300 billion yen / year in Japan, means 2400 yen of shoplifting per capita or a Whopping 2.06 million yens of heist apiece by caught criminals (145,429 only) ? I am literally amazed by these statistics.

Also if stealing goods worth to the max tune of average 2 million yen is a “minor offense” as NPA / report says about it, what kind of message are J criminals sending to NJ criminals ?

I want all (the J and NJ community) to seriously think of the report and tell us incidents where an NJ was targeted even for a mistaken good stealing accusation (of some 200 or 300 yen worth goods) which may have accidentally fallen in his bags, being caught and being immediately detained and subsequently deported. Yes, I had seen that on TV serials about MANBIKI, also heard about such stories in past.

In my thinking (I repeat my view here), stealing even 1 yen worth of goods / money that does not belong to oneself, is a Crime. And seeing how the news talks about it, I am shocked, amazed, bewildered.

Regards

Shrikant Atre
Pune, India
http://www.japanmitra.com
—————————————–
ENDS

Calderon Case: Two protesters against right-wing demo arrested, supporters group established

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog. Here’s a mail I got from The Community. Arudou Debito

=============================

This is an email I got through a left mailing list which describes a ‘Foreigner Expulsion’ demonstration that happened in Saitama, which passed right by the elementary school of the Philipino Calderon family whose case has recently come to national attention.

Apparently a ‘kyuuenkai’ (support group) has been set up for two people arrested protesting against the demo.

Here is their blog:

http://d.hatena.ne.jp/oidashino/

Here’s an example of the debate going on with the rightists.

http://blog.livedoor.jp/the_radical_right/

More on this issue from FG:

http://www.fuckedgaijin.com/forums/showthread.php?t=22775

—– Original Message —–
To: parkfw-info@yahoogroups.jp
Sent: Tuesday, April 14, 2009 10:56 PM
Subject: [parkfw-info][02797] FW:「外国人追い出しデモ」に抗議した2名が逮捕!]


取り急ぎ表題の記事を転送します。

—-
2009年4月12日
     「外国人追い出しデモ反対行動」救援会

この追い出しデモに対する抗議行動も行われましたが、
抗議した男性2名が逮捕されたそうです!
詳しくは以下の救援会声明を読んでください。

この救援会の背景には、埼玉県蕨市で4月11日土曜日、蕨市で暮らす外国人を
追い出そうという暴力的なデモが行われたということがあります。

この「追い出しデモ」の主催者(在日特権を許さない市民の会)は、この地域に
住む外国人を「犯罪者」扱いして彼ら彼女らの生活を脅かそうとしています。

特に日本での滞在地位を求めるフィリピン人カルデロン親子を標的に、「不法入
国・不法残留外国人」を追い出せというキャンペーンを行い、一家を個人攻
撃しています。信じられないことに「追い出しデモ」は、カルデロン一家の子ど
もが通っていた小学校、そして現在通っている中学校の前をわざわざ行進ルー
トに入れているのです。

デモの様子の動画です。http://www.youtube.com/user/nandeyanenmou

■□■□■□■□■□■□転送・転載歓迎■□■□■□■□■□■□

救援会声明

4月11日、外国人「追い出しデモ」に抗議した二人の男性が埼玉県警蕨署に
逮捕される事件が起きました。
ひとりは「追い出しデモ」の主催者が掲げていた紙製の横断幕を「盗んだ」容疑で、
もうひとりはそのおよそ3時間後、公務執行妨害容疑での逮捕でした。
彼らの友人として、私たちは両名の救援を呼びかけるとともに、彼らの行動の意義
と逮捕の不当性を訴え、埼玉県警に即時釈放を求めます。
この日、外国人「追い出しデモ」を主催したのは、「在日特権を許さない市民の会」
という右翼団体でした。彼らはこれまであちらこちらで「外国人=犯罪者」という
扇動を続けてきた団体です。彼らはあたり前に地域と関係を作り暮らしている外国
籍の人々を「犯罪者」扱いして、国外への追放を求める活動を続けています。
そのあげく彼らは個人攻撃を開始し、長期に地域に滞在する一家を「追い出せ」と
まで言いだしたのです。
このことをネットなどで知り、当日「在特会」のデモに抗議しようと蕨市外から
駅前に40名ほどの個人が集まりました。それぞれの思いは異なるにしても、
共通していたのは彼らの煽る排外主義への危機感と、弱い立場にある人を標的にし
て攻撃する彼らの卑劣さへの怒りでした。
あろうことかこの日のデモコースには、長期滞在の外国人ご一家のお子さんが通っ
ていた小学校と、現在も通っている中学校が含まれていました。
そこで彼らが「一家を追放せよ」と叫ぶことは、その一家に対してだけでなく、
長期滞在するすべての外国人に対する暴力です。
「特権を許さない」と彼らは言います。
しかし、彼らが攻撃の標的としたのは、もっともこの社会の特権からは遠い外国人
の、しかも子どもです。
彼らの言う「国民大行進」は、そのような卑劣かつ卑怯なデモだったのです。
午後1時から「在特会」は「一家の追放」を叫ぶ集会を駅近くの公園で開始しまし
た。その集会の終わりごろになって、公園の入口に彼らが作成した紙製の横断幕が
運ばれてきたのです。
そこに書かれていたのは「不法入国は犯罪だ。『かわいそう』のペテンにだまされ
るな」という文字でした。蕨に住む家族を明らかに標的としたこの言葉は言葉の名
に値するものではありません。これは地域に住む超過滞在の外国人を攻撃する暴力
なのです。「追い出しデモ」への抗議に参加していた彼が行ったのはこの暴力への
抵抗でした。警察は当初、彼に「任意同行」を求め、彼もそれに応じました。
ところが「在特会」はあろうことか「窃盗」事件として被害届を出し、そのため
彼は「窃盗犯」として逮捕されいまなお蕨署に留置されています。
その後、抗議活動に参加した人々の多くは蕨署に集まり、正規の手続きに則って
逮捕された人への面会を求めました。ところが蕨警察署はバリケードを築き警察官
を配置し、根拠も無く面会を拒みました。それどころか弁護士が身分を提示して
面会を求めても1時間以上にわたって面会を拒否し続けたのです。
そして突如そこに蕨警察署に先導された右翼が登場しました。彼らは抗議活動に参
加した人々に罵声を浴びせかけ、その際に生じた混乱の中で一名が公務執行妨害容
疑で逮捕されたのです。
今回の行動については、参加者の間に充分な意思統一がはかれず、抗議行動を呼び
かけた側の不手際も多々あったようです。抗議行動を呼びかけた側はその点を十分
認識しなければならないと私たちも考えます。
しかし、抗議行動が企図した「在特会」への抗議そのものは正当なものだと私たち
は考えます。彼らの行ったデモは多くの外国籍で暮らす不安定な法的地位の人々を
恐怖にさらす重大な犯罪です。裁かれるべきは彼らです。
一方で、「在特会」が「犯罪者」と叫び排除を求めているのは、この社会で生き、働
き、人々と友情関係を結ぶ人々です。ビザがないことはだれを傷つけているわけでも
誰を侵害しているわけでもないのです。生きることは犯罪ではありません。
私たちは排外主義扇動を終らせることを求めて逮捕された二人をただちに釈放するこ
とを要求します。

2009年4月12日

「外国人追い出しデモ反対行動」救援会

連絡先:oidashihantai@gmail.com
ブログ:http://d.hatena.ne.jp/oidashino/

★カンパの御願い★
2名をいちはやく釈放させるために両名の友人が中心となってボランティアで活動
しています。差し入れ、面会、弁護士の手配などに
お金が必要です。まことに心苦しい限りですが、救援会にカンパを寄せて下さい。
よろしくお願いします。
銀行振込 みずほ銀行 早稲田支店 店番068 普 2223022
タノ シンイチ

ENDS

Mainichi: Kofu Laundry taken to cleaners over abuses of Chinese “trainees”

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog.  Mainichi reports yet another case of “Trainee” labor abuses, and this time the public prosecutor looks to do something about it.  Plus a brief Yomiuri article on how deep the abuses are going, alas with only a brief citation of figures, nothing about the whos, wheres, and what’s to be done about it.  Like siccing the public prosecutor on them.  Debito in Sapporo

====================================

Dry-cleaning company boss reported to prosecutors over treatment of Chinese trainees

Mainichi Shinbun April 9, 2009, courtesy of Jeff K.

http://mdn.mainichi.jp/mdnnews/news/20090409p2a00m0na004000c.html

KOFU — The Kofu Labor Standards Inspection Office has sent documents to public prosecutors accusing a dry-cleaning company president of violating labor and wage laws by making Chinese trainees work for pay below the minimum wage.

The office sent documents to the Kofu District Public Prosecutors Office accusing 60-year-old Masafumi Uchida, the president of a dry-cleaning company in Yamanashi Prefecture, of violating the Minimum Wage Law and Labor Standards Law.

The labor standards inspection office had been conducting an investigation after the Mainichi Shimbun reported on the treatment of the workers on Aug. 27 last year.

Uchida was reported to prosecutors over the alleged failure to pay about 11.15 million yen to six female trainees from China aged in their 20s and 30s, during the period between February 2007 and July 2008.

The office also reported a 37-year-old certified social insurance labor consultant from Chuo, Yamanashi Prefecture, to public prosecutors accusing him of assisting in the violation of both laws by providing assistance to Uchida and other related parties.

(Mainichi Japan) April 9, 2009

ENDS

Japanese version with sparser details:

=================================

労基法違反:中国実習生に最低賃金未満 容疑で山梨の会社を書類送検

毎日新聞 2009年4月9日 東京朝刊

http://mainichi.jp/select/jiken/news/20090409ddm041040120000c.html

 中国人実習生を最低賃金未満の給与で働かせていたとして甲府労働基準監督署は8日、山梨県昭和町のクリーニング会社「テクノクリーン」と内田正文社長(60)を最低賃金法と労働基準法違反容疑で甲府地検に書類送検した。毎日新聞が08年8月27日付で報じ、同署が調べていた。

 容疑は07年2月~08年7月、雇用していた20~30代中国人女性実習生6人に対し、総額約1115万円を支払わなかったとしている。同県中央市の社会保険労務士の男性(37)も社長らに協力したとして、両法違反のほう助容疑で送検した。【中西啓介】

=================================

Foreign trainee abuse found at 452 entities

The Justice Ministry says it has found irregularities at a 452 companies and organizations that hosted foreign trainees last year.

The job-training system for foreign trainees from developing countries was introduced to help them acquire technical expertise and skills from Japanese organizations, but it has often been misused by unscrupulous companies and organizations as a means to get unskilled workers from developing countries who will work for extremely low wages.

Officials of the ministry said it had confirmed that the companies and organizations violated labor laws, such as by paying lower-than-minimum wages to foreign trainees. Of the total, 169 cases of entities making trainees work unpaid overtime were found and 155 cases concerned other labor law violations such as payment of illegally low wages.

(Apr. 11, 2009)
ENDS

Yomiuri: NPA finally cracking down on Internet BBS threats and defamation

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog.  An update on how Japan’s police forces are cracking down on the nastiness of the Internet.  About time.  Now if only Japan’s police would only enforce past pertinent Civil Court decisions...  Arudou Debito in Kumamoto

==========================

Police send papers on Net flamers / Crackdown against comments on comedian’s blog seen as defamation warning

Police on Friday sent papers to prosecutors on six people suspected of defaming or threatening to physically harm comedian Smiley Kikuchi in messages they posted on his blog after groundlessly concluding he was involved in the murder of a high school girl in 1989.

Of the six whose cases were sent to the Tokyo District Public Prosecutors Office, two are suspected of threatening to physically harm Kikuchi, 37, on his blog. The remaining four–including a 45-year-old male university employee of Takatsuki, Osaka Prefecture, and a male company employee, 36, of Toda, Saitama Prefecture–are suspected of defaming him, according to the Metropolitan Police Department.

The two suspected of threatening Kikuchi with bodily harm, including a 36-year-old male construction worker of Iruma, Saitama Prefecture, allegedly continued sending threatening messages to Kikuchi through the blog even after he restricted access to its message board in April.

It is the first time a case has been built simultaneously against multiple flamers over mass attacks on a blog. The police’s reaction represents a strong warning against making online comments that cross the line from freedom of expression to defamation or threats.

According to the Metropolitan Police Department, the four suspected of defaming the comedian posted vicious comments, three or four times each, between early April and mid-August last year, wrongly concluding that he was involved in a 1989 murder in Adachi Ward, Tokyo, in which a high school girl was killed and her body abandoned in a drum and covered in cement.

The messages posted by the four included “You murderer! Why don’t you drop dead?” and “[You are] the one suspected of involvement in the confinement, assault and murder of a high school girl.”

The two suspected of threatening Kikuchi posted messages once and twice, respectively, between early May and early June, with one of them writing in a message: “Many guys are targeting you. Die!”

As the message board of the blog was flooded with malicious comments–including one that read, “How come a murderer can be a comedian?”–since it was set up in January last year. Kikuchi filed a complaint with the MPD in August.

The police had been investigating 18 people they were able to identify.

The police concluded that four of the 18 repeatedly posted vicious messages or made groundless accusations related to the murder.

Of the remaining 14 flamers, two were accused of making threats as they posted messages in which they clearly indicated their intention to harm the comedian.

===

Insults rife online

More than 3,000 messages expressing the hardship Internet users suffered as a result of defamation on the Internet were posted on a comedian’s blog after police announced in February they would pursue criminal responsibility for people who posted messages there wrongly accusing him of involvement in the 1989 murder of a teenage girl.

In messages posted on the blog of comedian Smiley Kikuchi, 37, people related their experiences after being the target of abuse on the Internet. One person posted a message expressing feelings of helplessness as he or she had to bear the pain silently.

According to the police, Kikuchi has been the subject of groundless defamation accusing him of involvement in the high school girl’s murder in Adachi Ward, Tokyo. The girl was killed by a group of teenage boys and her body left in a drum and covered in cement. The comedian’s blog has been flooded with similar messages since he set it up.

After the Metropolitan Police Department announced it was planning to send papers to prosecutors on people whose messages were especially malicious, Kikuchi expressed on Feb. 5 his feelings about the problem and how the defamatory messages escalated on his blog.

After that, more than 3,000 messages, many of them encouraging Kikuchi, were posted on his blog. The senders related their experiences of receiving verbal violence from anonymous people, including being harassed on their blogs or being defamed on informal alternative school bulletin boards. One person said harassing messages were even sent to his or her workplace.

According to the National Police Agency, it received 81,994 consultations about cybercrime from citizens last year–up 12 percent from 2007–with 11,516 from people complaining they were defamed on blogs and Internet bulletin boards. The number exceeded 10,000 for the first time.

(Mar. 28, 2009)
ENDS

Japan Times ZEIT GIST Mar 24, 2009: “Punishing Foreigners, Exonerating Japanese”

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
PUNISHING FOREIGNERS, EXONERATING JAPANESE
Growing evidence that Japan’s judiciary has double standards by nationality
By Arudou Debito
Column 47 for the Japan Times ZEIT GIST Community Page
March 24, 2009

http://search.japantimes.co.jp/cgi-bin/fl20090324zg.html
Based upon Debito.org Newsletter May 11, 2008 (https://www.debito.org/?p=1652)
DRAFT SIXTEEN, as submitted to Japan Times editor, version with links to sources

Examine any justice system and patterns emerge.  For example, consider how Japan’s policing system treats non-Japanese.  ZEIT GIST has discussed numerous times (Jul. 8 2008, Feb. 20 and Nov. 13 2007, May 24 2005, Jan. 13 2004, Oct. 7 2003) how police target and racially profile foreigners under anti-crime and anti-terrorism campaigns.

SOURCES:  https://www.debito.org/?p=1767

https://www.debito.org/japantimes111307.html

https://www.debito.org/japantimes022007.html

https://www.debito.org/japantimes052405.html

https://www.debito.org/japantimes011304.html

http://search.japantimes.co.jp/member/member.html?fl20031007zg.htm

But the bias goes beyond cops and into criminal prosecution, with Japanese courts treating suspects differently according to nationality.  We’ve already discussed how judges discount testimony from foreigners (ZG Aug. 14 2007), but here’s the emerging pattern:  If you are a Japanese committing a crime towards a non-Japanese, you tend to get off lightly.  Vice versa and you “haven’t a Chinaman’s chance,” as it were.

https://www.debito.org/japantimes081407.html

http://en.wikipedia.org/wiki/Chinaman’s_chance

For example, consider the Hiroshi Nozaki Case.  In 2000, Nozaki was caught flushing a Filipina’s body parts down a public toilet.  However, he was not charged with murder — only with “abandoning a corpse” (shitai iki).  That got him all of three-and-a-half years in jail.  By 2008 he was stowing another dismembered Filipina corpse, that of Honiefaith Ratila Kamiosawa, in a train station locker. 

https://www.debito.org/?p=1633

We’ve had plenty of cases where Japanese men kill and mutilate Japanese women (e.g.  Yoshio Kodaira, Kiyoshi Okubo), and they tend to get the hangman’s noose.  Not Nozaki.

Contrast this with the case of Nigerian Osayuwamen Idubor, convicted on appeal in 2008 of sexually assaulting a Japanese woman.  Sentenced to two years plus time served during trial, Idubor asserts that his confession was forced, that police destroyed crucial evidence, and most importantly that there was no material evidence.  Didn’t matter:  He got about as much jail time as Nozaki.  Which means, pardon the ghoulish tone, that if Idubor had been Japanese and the woman foreign, he could have chopped her up without adding much to his sentence.  If there was material evidence, that is.

SOURCE:  https://www.debito.org/?p=1630

Hyperbole?  Consider other crimes against non-Japanese women, like those by convicted serial rapist Joji Obara.  His connection with the Lucie Blackman murder has been well-reported, particularly the botched police investigation despite ample material evidence — even video tapes of his rapes.  Regardless, in 2007 Obara was acquitted of Blackman’s murder due to “lack of evidence”. 

Obara did get life imprisonment (not death), since he was only charged with “rape leading to death” of nine other women (one of them foreign).  But only after strenuous appeals from Blackman’s family was the acquittal overturned in 2008.  Obara became guilty of “dismembering and abandoning” her corpse.  Again, guilty of crimes to their dead bodies, not of making them dead.

https://www.debito.org/?p=2098

https://www.debito.org/?p=356

Lousy investigation http://search.japantimes.co.jp/cgi-bin/nn20070424f1.html

Now triangulate that with the case of Lindsay Ann Hawker, who was allegedly murdered by Tatsuya Ichihashi in 2007.  The evidence here is damning too:  video evidence of her accompanying him to his apartment building, her beaten and strangled body found in a tub of sand on his apartment balcony, and his fleeing barefoot when police visited to investigate.  He’s still at large today.  You can see his mug shot on police posters for people wanted for “murder” (satsujin).  That is, except for Ichihashi.  He’s just accused of “abandonment of a corpse”, again.

https://www.debito.org/?p=356

http://search.japantimes.co.jp/cgi-bin/nn20071211a5.html

http://search.japantimes.co.jp/cgi-bin/nn20070424f1.html

ichihachimugshot090309

wantedposter090309

Last week I called Chiba Police inquiring about Ichihashi’s charges.  An investigator entrusted with the case wouldn’t comment on specifics.  Asked about the process of determining murder or abandonment, he said if the suspect admits “homicidal intent” (satsu-i), it’s murder.  However, it’s unclear how at least one of the  crimes shown on the poster are significantly different from Ichihashi’s, or how some suspects indicated their homicidal intent before escaping.  Police did not respond to requests for further clarification.

Clearer is the exceptional treatment given Atsushi Watanabe, who in March 2008 choked to death an allegedly irate Scott Tucker at a Tokyo bar.  Generally, in these situations the survivor goes down for “too much self defense” (kajou bouei), regardless of intent.  That precedent was set in the 1980s by Steve Bellamy, a British martial artist, who intervened in a drunken altercation and killed someone.  Bellamy was acquitted of wrongdoing, then convicted on appeal, then acquitted again.

Although asphyxiating somebody is arguably overdoing it, media anticipated the case was “likely to draw leniency”.  They were right.  Last November Tucker’s killer got a “suspended sentence” of three years.  Moreover, public prosecutors, normally pit-bulls in these situations, unusually decided not to appeal.

https://www.debito.org/?p=1412

https://www.debito.org/?p=2060

https://www.debito.org/?p=83

http://en.wikipedia.org/wiki/Steven_Bellamy

Even less tenacious were the police prosecuting Peter Barakan’s case.  Barakan, a famous British commentator on Japanese TV, was assaulted with pepper spray by a masked assailant in 2007.  Police tracked down the getaway van, found the driver, and found mace cans in the back.  Yet no one was given that 23-day-maximum marathon of interrogations granted for investigating lesser crimes (such as foreigners who don’t cooperate with police ID checks).  Barakan tells me the police have since done “absolutely zilch” about his case.

https://www.debito.org/?p=830

https://www.debito.org/?p=1635

Maybe police were too busy to pursue Barakan’s macing, but I doubt the relatives of American Matthew Lacey would sympathize.  As the Japan Times reported in 2007, Lacey was found dead in his apartment in a pool of blood in 2004.  Fukuoka Police declared the cause of death to be “dehydration”.  When his family insisted on an autopsy, the cause was updated to “cerebral hemorrhage”, apparently from an accidental fall.  The police, however, refused to issue Lacey’s full autopsy for independent inspection.  Public prosecutors and the US Embassy have not pursued the case.  It’s a busy world.

https://www.debito.org/?p=1204

So does this mean that authorities have it in for foreigners?  You could make that case.  This is a land with a policing regime instead of an immigration policy, where under the Foreign Registry Law (Article 18) only foreigners can be arrested, fined up to 200,000 yen, and incarcerated for up to a year just for not carrying ID 24-7.  Severe criminal penalties for something as easy to misplace as a library card or car keys?

http://www.cas.go.jp/jp/seisaku/hourei/data/ARA.pdf (Article 18)

You could counterargue that this system affects everyone regardless of nationality.  Masayuki Suo’s excellent movie “I Just Didn’t Do It” depicts how the judicial process overwhelmingly favors the prosecution.  Don’t forget that 99.9% conviction rate. 

But you’d be wrong.  Non-Japanese are particularly disadvantaged because 1) there is no certified quality control for court and investigative language interpretation, 2) public prosecutors can have negative attitudes towards non-Japanese, and 3) non-Japanese cannot get bail (hoshaku).

Item 1 creates obvious communication problems for non-natives, especially given how heavily Japan’s judiciary relies on confessions, so let’s not dwell further.  The next item, attitudes of prosecutors, has received due attention from scholars.

Professor David T. Johnson writes in his  book “The Japanese Way of Justice” that prosecutors consider “crimes committed by foreigners” as “one of the three main challenges facing the procuracy”.  Tokyo University law professor Daniel H. Foote was cited saying that criminal justice officials “have stepped up their surveillance and prosecution of [foreign workers]”, and the foreign influx poses “the greatest external challenge” to Japan’s “benevolent paternalism” in criminal justice.  Thus foreigners, in Foote’s view, have “a separate track” for criminal prosecution.

CITES:  Johnson pp 137, 157, 181

http://books.google.com/books?id=qIHNWWx0ZOIC&dq=David+T+Johnson+The+Japanese+Way+of+Justice&printsec=frontcover&source=bn&hl=en&ei=llS-SeKFO4_akAWdjIWnCA&sa=X&oi=book_result&resnum=4&ct=result

As for bail, it’s not only difficult for Japanese to get — it’s impossible for non-Japanese to get.  Standard reasons for denial are fears that the suspect might flee or destroy evidence.  However, that didn’t stop twice-convicted-yet-bailed businessman Takafumi Horie or Diet member Muneo Suzuki (who even got reelected during his perpetual appeal).

Horie:  http://search.japantimes.co.jp/cgi-bin/nn20080729a3.html

Muneo:  http://search.japantimes.co.jp/cgi-bin/nn20080227a3.html

Non-Japanese, however, face an extra legal layer:  status of residence.  Stuck in Japanese jug means you can’t renew your visa at Immigration.  Therefore, the logic goes, if a foreigner is bailed, even if they don’t flee, they might get deported before their trial is finished.  So they remain in custody for the duration of the case, no matter how many years it takes.  Then they can be released for deportation.

https://www.debito.org/?p=1659

https://www.debito.org/?p=1202

Released then deported: https://www.debito.org/?p=1659

And it will indeed take years.  For example, a Swiss woman, declared innocent twice in court of drug smuggling, has been incarcerated since October 2006.  Even though an acquitted Japanese would have been released during the appeal, the Supreme Court upheld the denial of her bail.  Same with Nepalese man Govinda Prasad Mainali, acquitted of murder in 2000, yet detained until his conviction in high court that same year.  Thus for foreign defendants, all a public prosecutor has to do is file an appeal and it will void any court acquittal.

CITES: Johnson 158

https://www.debito.org/?p=1447

So let’s summarize.  If you’re a foreigner facing Japan’s criminal justice system, you can be questioned without probable cause on the street by police, apprehended for “voluntary questioning” in a foreign language, incarcerated perpetually while in litigation, and treated differently in jurisprudence than a Japanese.

Statistics bear this out:  According to Johnson, 10% of all trials in Japan had foreign defendants in 2000.  Considering that non-Japanese residents back then were 1.3% of the Japanese population, and foreign crime (depending on how you calculate it) ranged between <1% to 4% of the total, you have a disproportionate number of foreigners behind bars in Japan.

CITES:  Johnson page 181

http://www.moj.go.jp/PRESS/010613-1/010613-1-1.html

https://www.debito.org/crimestats.html#caveats

Feeling paranoid?  Don’t.  Just don’t believe the bromide that Japanese are a “peaceful, law-abiding people by nature”.  They’re actually scared stiff of the police and the public prosecutor.  So should you be.  For until official government policy changes to make Japan more receptive to immigration, non-Japanese will be treated as a social problem and policed as such.

1528 WORDS

Debito Arudou is coauthor of the “Handbook for Newcomers, Migrants, and Immigrants.”  A version of this essay with links to sources can be found at debito.org.  Send comments to community@japantimes.co.jp

ENDS

Mark in Yayoi on cop checkpoint #123, and TV show transcript

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog. Turning the keyboard over to Mark in Yayoi, who has just been stopped for the 123rd time by the Japanese police for an ID Check.

This time, however, he was stopped and demanded a bag search. Although NJ are not protected against random ID checks (if he shows, you must show), random searches are in fact something protected against by the Constitution (Article 35) if you don’t feel like cooperating.  But tell the cops that.  He did.  See what happened.  Arudou Debito in Tokyo

MARK IN YAYOI WRITES:

===============================

Hey Debito, interesting thing the morning March 20 at 4:46 AM on the way home, in Azabu. Cop car pulls up along side me and I know what’s coming next. Extremely patronizingly-voiced young cop talking to me like I’m five years old while his senior, stepping out of the car a few seconds later, looks on.

I tell him that my bicycle is registered to the company (under its former name, which has already been a problem once), and he comes out with「じゃ、いいです。結構です。」 I’m about to ride off, full of pleasant thoughts about how enlightened the police are becoming, when he demands instead to see what’s in my bag. I point out that it’s private and not suspicious, and he insists again. I couldn’t remember which article in the constitution forbids this (turns out it’s Article 35), and wish I’d had it with me!

I keep trying to say no, and his voice turns on a dime from patronizing to interrogating (while still using childlike grammar: 「危ないもの!薬!刃物!」

Then the senior guy tells him to stop. He asks me if I’m a Hanshin fan (I was wearing their white pinstriped home hat, for increased visibility), and I say I am. Questioning over.

I tip my hat to the older guy and ignore the young guy, who says サンキュー as I ride off. Ass.

So today I go on the internet to see which law it was, and I stumble upon Japan Probe, with a recording of a “Cops” style TV show, which finds a foreign overstayer on the street:

http://www.japanprobe.com/?p=9323

…full of comments from people. Did you get to see this show? As Level3 mentions in the comments, it was an amazing stroke of luck that they managed to spot this guy just when a cameraman was present. And he’s got a very obviously fake alien card with him! (Check out the font used for the “2010” date; it and the alignment of the characters are not even close to real).

I can only imagine how many innocent people were harassed in order to catch this guy for the cameras. Who knows, maybe there was one in the cop car that hassled me Friday morning!

Here’s the transcript of the TV show, translated by yours truly. Mark in Yayoi

===================

INTRODUCTORY COMMENTS FROM MARK: I noticed a few more interesting things about the video.

– The cops invariably use the word “gaijin” while the announcer’s script and subtitles have “gaikokujin”, but in one instance the subtitles reflect what the cop actually said.

– The cops’ tone seems downright friendly *after* they’ve caught the guy red-handed *and* chased him long enough to be winded. Is that normal? I get ruder tones from them as soon as they see me.

– Also, the announcer never fails to refer to the suspect as a “Chinese man”, with emphasis on how he’s going to be sent back “to China” at the end. If I were a legally-resident Chinese, I’d be enraged — the man is a criminal who made use of forged documents, and not any kind of representative of China.

Now for the translation! Things in parentheses are spoken by the announcer or shown on the screen; things in brackets are added by me for clarification.

TV show at http://www.japanprobe.com/?p=9323

[00:01}

(Announcer: The patrol car moves down Dogenzaka, in Shibuya. Officer Nakazato is looking for suspicious people [“fushinsha”] in the crowd.

[00:19]

(Announcer: Then, they see some interesting movement. A young person, who had been standing still, suddenly began walking in the other direction when the police car passed by.)

Cop: Let’s go have a look. [runs over to side of street]

[00:34]

Cop: Sorry to stop you; do you mind? Japanese? Where [do you come from]?

(Announcer: He seemed to be Chinese. [The police] demand to see his Alien [“gaikokujin”] Registration Card. (Graphic: “Alien Registration Card”))

[00:45]

Cop: What does this say? “Long-Term Resident” Suspect: Yes. Cop: [The alien card is valid] until 2010? Suspect: My Japanese is, uh… Cop: Difficult? You can’t [speak/understand]? Suspect: Yes. Cop: Ah ha… so you were watching a movie today? Say, could you let me see… Suspect: My bag? Cop: Your bag, your bag… Suspect: Quickly, then. Cop: OK, quickly. Suspect: Here you go.

[01:11; camera angle shifts] (Graphic: “Inspection of Personal Effects” Announcer: After getting permission [shoudaku no moto] from the suspect, the inspection begins.)

Suspect: It’s fine; go ahead, open it; open it. Cop: Then your wallet when we’re done with the bag. Suspect: OK. The wallet, you don’t need to worry about.

[01:34; after a cut]

Cop: Can we see your wallet? Suspect: OK, OK, OK. There’s nothing [unusual].

(Announcer: But for some reason, the Chinese man doesn’t want to show the police his wallet.)

Cop: What does it say here? Suspect: I can’t [read] it at all. Cop: Your name is XX-san? Suspect: Yes. Suspect: There are no problems, so… Cop: Can I see that again? Suspect: I’m not carrying [(unclear)]; OK, open it, open it. No, that’s not… Cop: Let us see… Suspect: Wait, open this first… Cop: No, no, that comes last… Cop 2: What? There’s nothing to be worried about! Cop: (slightly angry voice) Hey, why are you suddenly… Suspect: Open that; it’s fine. Cop (speaking at the same time): Hold on, hold on. Cop: Hey, what are you– what are you shaking for!?

[02:17]

(Announcer: The Chinese man had been cooperative with the questioning, suddenly doesn’t want to let go of his wallet. And he’s carrying two Alien Registration Cards. Suspicious!)

[02:37]

Cop: Hey, what are you– what are you shaking for!? Suspect: That’s, uh, um… Cop: Why do you have so many [“ippai”] of these? Cop: Let me see that Alien [here and after “gaijin” spoken by cop; “gaikokujin” in subtitle] Registration Card. Let me see that. This is strange [“hen”] Cop: Why are you looking nerv– (suspect suddenly bolts)

[02:43]

(55-second montage of the suspect sprinting away and the cops chasing him) (Announcer: During the questioning, the Chinese man suddenly runs away in a sprint!)

[03:42]

(Announcer: The camera couldn’t get the moment when he was caught. But… officer Nakazato caught him in Center-Gai!)

[The two cops lead the suspect away, each holding him on one side.]

Cop: I run the marathon; I’m fast.

(They lead him to the patrol car.)

Suspect: I’m not going in– Cop: Yes, you are! [“Dame da!”] Suspect: I’m going in.

[04:22]

(Announcer: The suspect had tossed his bag aside, and run away. [Bystanders scream and shout “kowai!” (scary!)] Was he attempting to destroy the evidence [shouko inmetsu]? The two alien cards, however, reveal what he is!)

[04:37; back in the patrol car]

Cop: This is fake. A fake alien [“gaijin” both spoken and in subtitles] card. Cop 2 (into radio): Police 100 to base. Cop: How long have you been using this? Base (from radio): Go ahead, Police 100. Cop 2 (into radio): We’re in XX, Shibuya. Handling an overstay. Please send a Shibuya car as backup. Cop (to suspect): This is fake. Base (from radio): Describe the suspect? Cop 2: Male, one; we have him in the PC [patrol car]. Base (from radio): Is he violent or anything? Cop 2: He attempted to escape, but we caught him. Backup, please. Base (from radio): Understood.

Suspect: I don’t have anything. (cop seems to be searching him again) Cop: Nothing? (voice rising) You’re not carrying a knife, are you? (To other officers) Admitted by the suspect; another alien (“gaijin”) card. He has two. Cop 2: Here’s the second one. Cop (to cameraman, holding up two cards): This is the fake one. This is the real one.

[05:29]

(Announcer: An alien card forged in fine detail. Both are in the suspect’s name. The one on the left is the real one; the one on the right is a fake.)

[05:43; closeup of the status and period of stay; fake one has a different, finer but misaligned, number font]

(Announcer: The real one has “trainee” as the suspect’s status; the fake one has “long-term resident”. And the fake one has the period of stay extended for three years! The Chinese man has been staying illegally for approximately a year)

[05:58]

Cop: How much did you pay for this? Suspect: 50,000 yen. Cop: You made this fake one for 50,000 yen. Suspect: [My period of stay] finished after a year, and I wanted work. Cop: Is that so? And you stayed here using this? But you can’t! You have to go through the proper procedures; this is a fake. You can’t be in Japan using a fake Alien Registration Card.

(Announcer: The backup patrol car arrived from Shibuya.)

Cop 2 (into radio): Patrol car entering on the right.

(Announcer: The Chinese man will be asked more detailed questions at the police station. He arrived in Japan two years ago, and earned money working at a restaurant. He is being arrested on suspicion of “yuuin koubunsho gizou dou koushi” [“forgery or use of a stamped public document”? Seems to be covered in Part 17, Article 155 of the Criminal Code, here: http://www.houko.com/00/01/M40/045.HTM). He will be deported to China.)

================
TRANSCRIPT ENDS

NPA enforcing Hotel Management Law against exclusionary Prince Hotel Tokyo

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
Hi Blog.  Interesting precedent here.  A hotel which refused a booking to a major organization (in fact, cancelled their reservation) looks to be taken before the public prosecutor by police.

This is a good precedent.  The police are at last enforcing the Hotel Management Law, which says you can’t refuse people unless there are no rooms, there’s a threat to public health, or a threat to public morals.  But hotels sometimes refuse foreigners, even have signs up to that effect.  They can’t legally do that, but last time I took a case before the local police box in Shinjuku, they told me they wouldn’t enforce the law.

Not in this case.  Read on.  As I said, interesting precedent being set here, what with this criminal case instead of a civil suit.  Pity it took more than a year to enforce, and it took a group this big and organized to kick the NPA’s butt into action.  I’m not sure this is a situation the average NJ will be able to take much advantage of.  But again, a step in the right direction.  Courtesy of HH.  Arudou Debito in Sapporo

=======================================

Police move Prince Hotels-teachers union case to next level

THE ASAHI SHIMBUN

 

Police sent papers to prosecutors Tuesday against the operator of a Tokyo hotel that refused entry to the Japan Teachers Union for its annual convention, fearing protests by right-wing groups.

Police said Prince Hotels Inc., its president, Yukihiro Watanabe, 61, the 52-year-old general manager of three Prince group hotels, and managers of the company’s administration and reception departments are suspected of violating the Hotel Business Law.

They said the parties reneged on their obligation to provide lodging as stipulated by the law.

It is rare for police to establish a case based on the hotel law’s stipulation, according to officials of the Ministry of Health, Labor and Welfare.

According to police, Prince Hotels and Watanabe in November 2007 rescinded a contract signed with the teachers union to use the Grand Prince Hotel New Takanawa in Tokyo’s Minato Ward for its 57th National Conference on Educational Research scheduled from Feb. 2, 2008.

They also refused, without a justifiable reason, to let the union reserve 190 rooms at the hotel for conference participants, police said.

As a result, the teachers union was forced to cancel the plenary session of the conference for the first time since 1951.

According to police, Prince Hotel officials said they were aware that their actions were illegal, but they insisted they had no choice because the Japan Teachers Union’s convention could draw “protests by right-wing groups and cause problems for other guests and residents nearby.”

The union has demanded an apology and has sued the hotel for compensation.

The union filed a criminal complaint with police in August last year.

Under the Hotel Business Law, hotel operators are prohibited from denying accommodations to guests except when they pose a clear risk of spreading a communicable disease, engage in illegal activities, or disrupt public moral, or when the hotel has no vacancies.

Violators face a 5,000-yen fine, but under a special measures law on fines, the hotel operator and executives can be fined a maximum 20,000 yen if found guilty.

A lawyer representing the union said the issue with the hotel touches upon basic constitutional rights.

“Freedom of assembly, protected under the Constitution, will be jeopardized” if government and judiciary fail to take strict measures, the lawyer said.

The union made reservations in March 2007 through a travel agency, paid half of the costs in July that year, and signed a formal contract the following month.

The hotel then sent a certified letter to the union saying the contract had been annulled.

The union fought back and won a tentative injunction from the Tokyo District Court to allow it to use the hotel facilities.

The Tokyo High Court upheld the injunction on Jan. 30, 2008. However, the hotel still refused to let the union members in.

Minato Ward, where the hotel is located, reprimanded hotel officials in April 2008. But the ward stopped short of using administrative penalties, such as ordering a suspension of business operations, after receiving a letter from the operator vowing to prevent a recurrence.

Prince Hotels issued a statement Tuesday saying it “considers seriously the sending of papers to prosecutors and will continue to cooperate with the investigation.”

(IHT/Asahi: March 17,2009)

ENDS

Ichihashi, suspect in Hawker murder case, officially charged with “abandonment of corpse” on NPA wanted posters

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar

Hi Blog.  Something interesting I found last week:  An NPA wanted poster for murderers, put up in banks, post offices, and police boxes nationwide, offering tidy rewards for information leading to their arrest.

wantedposter090309

Snap taken March 3, 2009, by the ATMs of Hokuyou Ginkou Ebetsu Branch.  Sorry it’s a bit hard to see, but all of them are wanted for murder (satsujin).

Actually, sorry, I fib.  One isn’t.  The fourth one from the left.  Closeup.

ichihachimugshot090309

Recognize the name and that face?  That’s Ichihashi Tatsuya, the suspected murderer of Lindsay Ann Hawker, former NOVA English teacher, found beaten, suffocated, and buried in a tub of sand on his apartment balcony back in 2007.  Police bungled their investigation, and he escaped on foot down a fire escape without even his shoes.  He’s still at large.  Hence the wanted poster.  Sources:

https://www.debito.org/?p=356
http://search.japantimes.co.jp/cgi-bin/nn20071211a5.html
http://search.japantimes.co.jp/cgi-bin/nn20070424f1.html

Funnily enough, unlike everyone else on that poster, Ichihashi is not wanted on a charge of “murder”.  It’s rendered as “abandonment of a corpse” (shitai iki).  Even more funnily enough, that’s the same charge levelled at Nozaki Hiroshi (the dismemberer of a Filipina in 2000, who got out after only 3 years to stow more Filipina body parts in a locker in 2008), and at Obara Jouji, convicted serial rapist and dismemberer of Lucie Blackman.  Seems like these crimes, if they involve NJ, are crimes to their dead bodies, not crimes of making them dead.

https://www.debito.org/?p=1633
https://www.debito.org/?p=2098
http://search.japantimes.co.jp/cgi-bin/nn20070424f1.html

My next Japan Times article is on this, in part (due out Tuesday, March 24).  So as part of my research, today I called the Chiba Police number provided on the poster above to ask why Ichihashi wasn’t accused of murder. The investigator, a Mr Shibusa, said he couldn’t comment in specific on the case. When I asked how one distinguishes between charges of murder vs. abandonment, he said that it depended on the details of each case, but generally if the suspect admits homicidal intent (satsu-i), it’s murder. However, how the other suspects on the poster were so cooperative as to let the police know their will to kill before escaping remains unclear.  I’m still waiting for an answer to my request for further clarification on why Ichihashi’s charge was rendered differently.

I’ll be making the case in the JT article that Japanese jurisprudence and criminal procedure, both in the prosecution of criminals and as criminals, differs by nationality, with the NJ getting a raw deal.  The wanted poster above is but one piece of evidence.  Stay tuned.  Arudou Debito in Sapporo

Thoughts on Suo Masayuki’s movie “I just didn’t do it”: A must-see.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan

Hi Blog.  Sunday’s tangent:  Suo Masayuki’s movie “Sore de mo, boku wa yatte nai” (I just didn’t do it), some quick thoughts:

Saw the movie on TV last week, I think it’s a must buy (I’m angling for the special edition, with 200 or so minutes of extras).  I agree with the January 2008 Japan Times review by Mark Schilling:  “…the Japanese are a law-abiding people for a very good reason — once the system here has you in its grips you are well and truly in the meat grinder. True, safeguards exist for the accused, who are entitled to a defense lawyer, but the legal scales are tipped in favor of the police and prosecution, who want to save face by convicting as many “criminals” as possible — and nearly always succeed.”

You can see more on Debito.org about the nastiness of criminal procedure here.  

Soreboku is an excellent illustration of how court procedure in Japan grinds one down (remember, Asahara Shoko, correctly judged guilty, was on trial for more than a decade (1995-2006); it drove him nuts, and calls into the question the Constitutional right to a speedy trial in Japan (Article 37)).  I fortunately have not been involved in a criminal court case (I have done Civil Court, with the Otaru Onsens Case (1999-2005) and the 2-Channel Case (2005-present day), and can attest that it’s a long procedure), but am not in any hurry to.  Soreboku — long, drawn-out, well researched, and necessarily tedious — is one vicarious way to experience it.

What came to mind mid-movie was Michael Moore’s SICKO.  One very salient point he made was how rotten the health insurance system is in the US:  If you get sick in the US, given how much things cost and how insurance companies enforce a “culture of no” for claimants, you could lose everything.

Japan’s got health insurance covered.  But the “SICKO Syndrome” here in Japan is the threat of arrest, given the enormous discretion allowed Japan’s police forces.  You will disappear for days if not weeks, be ground down by police interrogations, face months if not years in trial if you maintain innocence, have enormous bills from court and lawyers’ fees (and if you lose your job for being arrested, as often happens, you have no income), and may be one of the 0.1 percent of people who emerge unscathed; well, adjudged innocent, anyway.

The “SICKO Syndrome” is particularly likely to happen to NJ, too.  Random searches on the street without probable cause are permitted by law only for NJ.  If you’re arrested, you will be incarcerated for the duration of your trial, no matter how many years it takes, even if you are adjudged innocent (the Prosecution generally appeals), because NJ are not allowed bail (only a minority of Japanese get it as well, but the number is not zero; NJ are particularly seen as a flight risk, and there are visa overstay issues).  And NJ have been convicted without material evidence (see Idubor Case).  Given the official association with NJ and crime, NJ are more likely to be targeted, apprehended, and incarcerated than a Japanese.

Sources:  Research I’m doing for my PhD thesis; subsection I’ve written on this is still pretty rough.  But in the meantime, see David T. Johnson, THE JAPANESE WAY OF JUSTICE.

See Suo’s Soreboku.  It’s excellent.  And like Michael Moore’s SICKO, a good expose of a long-standing social injustice perpetuated on a people that think that it couldn’t happen to them.  Be forewarned.

Arudou Debito in Sapporo

Tangent: Terrie’s Take on Japan going to pot

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan

Hi Blog.  Surveying the wave of reefer madness in Japan (from sumo wrestlers to curious celebrities; blame the foreigner wherever possible), here’s Terrie Lloyd’s Terrie’s Take from a coupla weeks ago.

Another reeferential article from the WSJ March 4, 2009:

http://online.wsj.com/article/SB123612257155123461.html

And I, BTW, came out on the J-side regarding national policies towards drugs, and was duly taken to task by somebody in the know.  That historical article from 1996 (!) here.

https://www.debito.org/drugsinjapan.html

Arudou Debito in Sapporo

* * * * * * * * * T E R R I E ‘S T A K E * * * * * * *
A weekly roundup of news & information from Terrie Lloyd.
(http://www.terrie.com)

General Edition Sunday, February 22, 2009 Issue No. 506

If there is anything the Japanese authorities are allergic to, following perhaps foreign burglars and divorced foreigners wanting custody of their kids, it would be marijuana — the demon weed that always seems to have been “bought from a foreigner in Roppongi”. The media is having a field day with the number of arrests frequently, and clearly the police are feeding lots of juicy details as each case breaks.

The National Police Agency announced this last week that it arrested 2,778 people for marijuana offenses in 2008, 22.3% more people than in 2007. 90% of those arrested where first-time offenders — not habitual criminals, and 60% of them were under the age of 30. Over the last 12 months, we’ve seen a parade of high-profile marijuana users get busted. Entertainers, sumo wrestlers (Russian and Japanese), students at prestigious universities (e.g., Keio and Waseda), foreign rugby players, and even large portions of entire university rugby teams.

How do Japanese get a taste for marijuana? With the draconian laws over possession, it’s surprising that anyone goes anywhere near the stuff. Still, partly it’s because of the weird split personality the judiciary has over the various forms of the plant. Since the seeds do not yet contain detectable levels of THC, the active psychotropic ingredient, they are legally sold in Japan as a spice for cooking and as bird seed. Some of this product has been irradiated and can’t grow into plants, but other sources don’t go to this amount of effort. More recently seeds are also sold as curiosities and you can go online and order them from both local suppliers as well as from “coffee shops” in Amsterdam — 10 seeds for between JPY10,000 to JPY20,000. It’s only when they’ve been planted and the plants produce THC that the substance suddenly becomes illegal.

But to get to the stage of wanting to plant out your own stash, it seems that most Japanese kids, and usually it’s the richer, better educated kids who are likely to travel overseas, that get to taste the demon weed first. They will try it on the beach in Hawaii, or in universities on the U.S. mainland, in Australia, the U.K., etc. Or they’ll travel to Amsterdam to enjoy the hash experience. However it starts, they soon realize that marijuana can be a lot of fun and is essentially harmless (let’s not get into possible gene damage). When they get back to Japan, they realize that the demonization of the plant is not based on fact or logic and they talk to their friends, write about it on Japanese blogs, and basically reinforce the aura of coolness that the hemp culture has here.

There are also the wild hemp plants up north in Aomori and elsewhere, which we recall were particularly popular with surfers back in the 80’s and 90’s. Things may be a bit different these days, especially now that the authorities in Hokkaido have started issuing growing licences for varieties proven not to be a significant source of THC, but back then, in the middle of Fall, groups of guys would get in their vans and do a road trip to the areas where THC-rich wild hemp plants are still known to pop up. Indeed, there were so many people doing this that they got to be a nuisance and the police were called out to warn them to stay away.

We don’t do drugs — it’s just not worth the risk. However, researching for this column, and amusingly we found lots of information on the teacher website www.gajinpot.com, we find that the price of weed in Tokyo is as high as JPY200,000 a gram, which is about 40 times the price in Hawaii. This means that not only does the trade attract criminals out to make some big money, but it is also highly tempting for kids who otherwise might not bother to sell the stuff. After all, if you’ve been able to buy the seeds, and marijuana does grow furiously like a weed, then what better way to pay for electricity and grow lights than to sell a few bags to your friends so as to support the costs?

Unfortunately, despite the seemingly innocuous nature of marijuana, the fact remains that Japan wants none of the foreign drug taking culture here. Sentences for locals include 3-5 years in prison, while for foreigners it means prison followed by deportation. We don’t see any likelihood of attitudes changing any time soon. So the result is that otherwise law-abiding kids, who would have gone on to quietly become doctors and scientists, are instead hauled before the courts, are castigated in the newspapers, and have their lives and family reputations ruined for good.

It all seems so pointless. Heck, one of them might have even become a future Prime Minister. Since Japan likes to emulate U.S. values (it was GHQ that criminalized marijuana in 1948 in the first place), maybe they’ll take note that Barack Obama is the first U.S. president to admit youthful marijuana and cocaine use, and certainly he has the people’s trust a darned sight more than any Japanese politician of recent times.

ENDS

NPA targeting NJ zones, “to ensure safety”. (Oh, and to prevent crime.)

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Read this and then I’ll comment:
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Police to take measures for safety in foreign communities in Japan

TOKYO —The National Police Agency on Thursday ordered prefectural police forces across Japan to implement crime prevention measures to ensure safety in areas where many foreigners reside. The police will sponsor seminars on crime prevention and road traffic safety in foreign communities based on comprehensive basic guidelines compiled for the safety of such communities, the NPA said.

The police will also join hands with local government organizations, business corporations and citizen groups in implementing crime prevention measures, the NPA said, adding that they will monitor employment conditions in foreign communities as factors that may induce crime. The guidelines are based on an action program the government’s anticrime council worked out last December to help build a crime-free society and make Japan the world’s safest country again.

The latest measures are designed to enable foreigners in Japan to live a better life, as well as to prevent organized crime groups and terrorists from sneaking into certain foreign communities to plot crimes, an NPA official said.

ENDS
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COMMENT:  Oh yes, safety.  Like instituting IC Chips in Gaijin Cards because it will “make things more convenient” for NJ.  It’s for our own good.  We’ve heard that one before.  And we didn’t buy it then.

As for the “action program worked out last December” in the article above, this is not phrased well, because these things have been worked out before, repeatedly.   The first anti-crime action plans this decade happened 2000-2001 before the World Cup 2002 with all manner of “anti-hooligan” measures.  Then came the “anti-NJ and youth crime” programs under Koizumi 2003-2004.  Then came the anti-terrorism plans of 2004 which resulted in passport checks (for all NJ, erroneously claimed the police) at hotels from 2005.  Not to mention the al-Qaeda scares of 2004, snapping up innocent people of Islamic appearance.  Then the border fingerprinting from 2007.  Then the overpolicing during the Toyako G8 Summit of 2008.  Now what?  The “anti-NJ-organized crime” putsch in the NPA’s most recent crime report (see Debito.org entry of last week), with little reference to the Yakuza organized crime syndicates in Japan.  

And that’s before we even get to the biannual reports from the NPA saying “foreign crime is rising” (even when it isn’t).  Never lets up, does it.

And this is, again, for our safety?  Traffic safety?  Helping us lead a better life?  Save us from ourselves?

How about giving us jobs (which according to Ekonomisuto March 10, 2009, some local governments are doing on a temporary basis; more on that next week), not more community targeting and policing “for our own good”?

Same old song and dance.  Bureaucrats are remarkably uncreative when it comes to policy justifications.  And the media remarkably dimwitted in not seeing through them.  Arudou Debito in Sapporo