mytest
UPDATES 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
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
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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.
110 comments on “Debito.org reader Brian reports on Shinjuku Police 9-day incarceration of 74-year-old tourist for pocket knife (UPDATED)”
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Why is the big question and many of us, foreigners, are just evaluating that right now. Is all this crap happening here really worth it? Outrageous!!
thanks brian for the story, and i will make sure to tell my elderly parents to not visit me this summer. japan is really turning into a very dangerous country.
It might be useful here to state the law, just what IS the maximum length blade allowed?
Try and bring this to the attention of the US media. If they give it some play you can bet the Japanese government will be quick to offer an apology, maybe offer to reimburse the ticket and perhaps give him something extra for his trouble.
My first reaction was shock because it seems preposterous. With that in mind I wondered how Debito protects against people who make up stories and send them in. Have you been able to verify the facts here? I’m not saying that Brian Hedge is a liar, just that we don’t know and before we pass on the story (or post it) it might be better to have some evidence or something to back it up.
Debito, do you know Brian Hedge?
You have to admit that the story seems strange.
Old Man: Excuse me police officer, do you know how to get to…?
Police: Do you have a pocket knife?
Old Man: Yes sir.
Police: Let me measure the blade.
I’m sorry for bringing this up Brian, but I’m sure you understand. We all come across Japan haters who make up worse stories than these.
I understand the need expressed in other comments for more back-up on stories like this. But the story does not seem at all strange to me. The police are probably operating under a quota system (this was revealed a few years ago when it turned out police in some parts of the country had been systematically falsifying crime data for years). Probably the quota system includes foreigners (foreigners are the only “growth sector” in the police version of the economy, so it is probably important that foreign crime increases for budgetary purposes). So engaging in practices which help fill the quota is not at all unusual (the same dynamic probably applies to targeting foreigners for drug testing in Roppongi).
What Al said. I would like to see some verification, as well as how the person knew that 2 other Americans were arrested at the koban the same day, and what for. I am all set to be indignant, but want to make sure that I know the whole story first. Even assuming the event happened, reports by interested parties almost always color the story to some degree.
Whatever the case, however, it is worth looking into.
I strongly agree with Al.
If this did indeed occur, there must be a significant chunk of the story missing.
I’m probably the last person on Earth that expects law enforcement officers (Japanese or otherwise) to behave appropriately … but this is aberrant behavior even for them.
Debito, would you consider pulling this article from your web site until you’re satisfied as to the particulars of this event? At the moment this seems to fall under the “unsubstantiated inflammatory rumor” category.
— You have the contact details of the poster. Contact him directly. I notified him this morning that commenters here have questions. If we get no further responses within a decent amount of time, I will pull this blog entry with apologies.
I am not confident this story has all the facts, either.
Like the others, I find it hard to believe. But if it is indeed true, the guy should make a statement and hopefully get some backup from the US embassy to verify any assistance they provided him with. This kind of story is the worst nightmare of the folks at “Yokoso Japan” and I imagine even the Japanese media would have a field day with it. I think it is absolutely essential to verify this story.
I’d be inclined to believe the poster – similar stuff has happened in the past, like in this case with the creator of the Death Note manga:
http://blooddx66.multiply.com/reviews/item/1
According to Fuji Television Network News, Death Note manga artist and co-creator Takeshi Obata has been arrested on the morning of Thursday, September 7th in Japan for violation of the Gun and Sword Control Law. Tokyo Metropolitan Police Shakujii Station officers pulled over his car in Tokyo’s Nerima Ward Oizumimachi at 12:45am after seeing a head light that was out. Officer Shakujii questioned the author about the light issue and found him to be in posession a folding type army knife with a blade of 8.6cm in length. The knife was located in the car’s internal console box. When asked about the knife Obata reportedly replied that it was for camping. According to the law one may not be in possession of cutlery with a blade in excess of 6cm in length unless they have legitimate reason. Breach of the law can be punished by a 30,000 Yen fine and/or imprisonment of up to 1 year. Obata hails from Niigata Prefecture and is of course known for the smash hit Death Note comic he created with writer Tsugumi Ooba. The work was serialized in Shuesiha’s “Weekly Shonen Jump”. His “Hikaru No Go” manga won the Osamu Tezuka cultural newborn prize in 2003.
ENDS
“You have the contact details of the poster.”
True, but you are running a blog dedicated to advocating for foreigners rights in Japan, not a gossip column. People come here for accurate information about what’s going on and what to do about it. I would assume the onus is on you. Couldn’t you ask “brian” for some sort of evidence–a scan of a police report, perhaps–before you assume that he is not either a disaffected gaijin or one of your detractors trying to catch you out? Just because a piece of evidence agrees with what you are saying, doesn’t make it sound.
— Yeah, a police report. “Thanks for staying with us. Here’s your police report as a souvenir. Enjoy the rest of your stay in Japan.” Now why didn’t I think of that?
This story sounds very plausible indeed.
The rest of you debunkers are out of touch with modern Tokyo street life. It’s just not the place it used to be folks!…
…so better wake up and smell the “Ko-Hi”
My sympathies go out to this man and his concerned family.
And respect to Debito-san for his endurance.
Plausible or not I think it is Debito’s responsibility to verify claims like this before he posts them here. I read this blog and expect to get facts, not unsubstantiated claims.
And Debito, I think that your sarcastic response to someone who appears to be a loyal reader of your blog is totally uncalled for. He is just saying that he expects more from you. I also think that your telling the previous poster to contact Brian Hedge is a little off too. It’s like if we contacted the New York Times editor about a particular article and they he us to contact the reporter directly as he didn’t write the article. I’m not saying you are the New York Times but we do expect news that’s fit to print. Also it would be as easy to create an email address as to create a story. Easier for some.
Again I’m not saying Brian is a liar and I know that worse things than this have happened in Japan but still, we need evidence.
— Fine. Ask for it. But let’s keep it civil when we critique. And “George”, whoever he is, is hardly a person I’d attach the word “loyal” to. He has a history of trolling… Anyway, back to the point.
Brian’s letter was also carried by the Japan Times. I have no idea how much fact checking they do for these types of things, but apparently they saw fit to publish it.
http://search.japantimes.co.jp/cgi-bin/fl20090728hn.html
Tuesday, July 28, 2009
HOTLINE TO NAGATACHO
Pocket knife lands tourist, 74, in lockup
By BRIAN HEDGE
Tokyo
To the Japanese government and law enforcement authorities,
I’m writing this letter 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 2 in Shinjuku, a 74-year-old American tourist walked into a police box to ask directions. Inside the koban were an older (senior) officer and his younger (rookie?) colleague.
The American asked where Kinokuniya bookstore was, and the older police officer responded by asking the tourist if he had a pocket knife. The American, being the law-abiding citizen that he is, said “yes” and handed it to the senior officer. After a quick measurement of the blade, the officer arrested the 74-year-old for having a pocket knife 1 cm over the legal limit.
The most shocking part to the story is that a new revision of a law regarding pocket knives was subject to a moratorium until July 5, meaning those possessing knives that violate the new rules had until July 4 to dispose of them! Moreover, two other American tourists were arrested that same day at the same koban.
The conclusion to this man’s story was nine days in a holding cell. Welcome to Japan!
Things to consider:
1. How are unsuspecting tourists to know they cannot carry key-chain knives?
2. What are unsuspecting tourists to do if the airline they fly, American immigration and Japanese immigration officials don’t warn them about these laws?
3. How are unsuspecting tourists supposed to know how incredibly backward and illogical Japanese koban police officers are if travel agencies don’t warn them?
4. Why should gaijin tourists 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; he is also an incredibly nice, harmless person. 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 that it is completely and utterly unjust to target tourists who have zero knowledge of the laws here, especially laws subject to a moratorium for Japanese until a few days later.
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 and people treated foreigners like human beings not unlike themselves — with respect and humility.
ENDS
(open letter to “Brian”, who I suspect reads Debito’s blog)
Hello,
Your story sounds very strange.
Could you please provide a few additional details? For instance, at which specific koban did this take place? What time of day? Was the 74-year-old alone or accompanied? How was his family notified of his incarceration? Where was he held? Was he charged with any specific crime? Did he sign a confession in exchange for release? On what pretext were the other two gaikokujin detained, and what was their relationship with the 74-year-old?
Please forgive my suspicions, but this sounds very much like a hypothetical used as a study aid for a first-year criminal law examination (which, coincidentally, is happening right now). The first two bullet points that you mention pertain to “Ignorantia legis neminem excusat” (or “ignorance is not an excuse to break the law”), and the latter three seem to be referencing in-group bias.
Thanks,
— Chris
“5. Why are Japanese not arrested if they break the same law?”
Is there any evidence whatsoever that this is the case?
I agree with Al, two posts above. Discrimination is indeed a problem in this country, but rushing out claims like this without any sort of evidence or other back story damages the credibility of this blog. The content of this page is normally of high quality, but unsubstantiated claims and sarcastic remarks drag the level of discourse down.
I think you are all (many) being pretty harsh. The guy reported his story, briefly, and many of you are basically concluding it’s probably all made up, based on absolutely nothing. By all means, report it as an as yet unsupported allegation. It would be interesting to find out more about the story. But I don’t see any basis on which to call him a liar.
James Annan
This story has no logical time line.
An old man goes to a koban to ask directions, then suddenly hes asked if he has a knife? That doesn’t make any sense at all, the police are silly sometimes but they don’t go around asking people if they have knives(and if they are it’s a first for me).
Of course people are going to try to debunk a story that looks shot through with holes. The story just doesn’t make any sense.
I read it three times (much to my embarassment) and I can’t find any reason for the actions that took place.
— Well, how about this for a scenario:
Man goes on knife rampage in Akihabara, kills several people, causes huge shock to the nation. One of a number of indiscriminate knifings and cycle-by slashings that one hears about on the wide shows ad nauseam.
Police are told to crack down on knives. Japanese people are now being stopped and having their bags searched for weapons. New law gets passed to shorten the tolerance for length for knives carried in public.
Police have crime-prevention point-system tally quotas to fill. Police see convenient foreigner, not on a bike this time (the typical kikkake for ID checks in the search for possible stolen property, not to mention asking about drugs and knives these days; been reading this blog?). He’s actually come a the Police Box (where, incidentally, the questionee cannot refuse questions since there is no doubt people manning the Police Box are police).
Knives are the crime-prevention torishimari campaign du jour. Tourist gets asked about one in passing. Cooperation ensues. So does enforcement of the letter of the law, since said tourist is in violation, regardless of whatever mitigating standards (advanced age, tourist status, or unawareness of law) may apply.
Could just say the knife is in violation of the law and confiscate it (like at border controls). But what would happen if during the nationwide anti-knife campaign word got out that we let somebody off? Everyone would make that excuse and want amnesty! Mayhem would ensue. Sorry, old man, you’re nicked.
This is what went through my head when I read Brian’s report. If you’ve had much dealings with the Japanese police (I have, and plenty more people have had plenty more), none of this is much of a logical stretch.
James, I think you are mistaken. In my case anyway, I am waiting for evidence before I make conclusions.
I’m all for publishing heads up like “watch out for your pocket knife”, but the obviously leading and unfounded comments such as “Why are Japanese not arrested if they break the same law?” really undermine the credibility of this report.
I agree with everyone else that says this mail is too incomplete to determine what, if anything to do with this information. But I think that, if someone is walking around an unfamiliar country in 2009 with concealed knives on their person, then though they may be able to claim that they were unaware of the law of Japan, I don’t see how they can be found innocent of disobeying the laws of common sense.
“Fine. Ask for it. But let’s keep it civil when we critique. And “George”, whoever he is, is hardly a person I’d attach the word “loyal” to. He has a history of trolling… Anyway, back to the point.”
Wow. I hope you were not inferring that I wasn’t being civil.
I have personally had a police officer pull me over while driving, and ask me the following questions
1. Where do you live
2. Where do you work
3. Do you have any knives
4. Are you sure you don’t have any knives?
5. Will you get out of the car and open up the trunk so I can make sure you don’t have any knives?
While it’s sensible to not rush to a judgment and desire more information and facts, I don’t see the logic of badgering Debito for it. It’s a blog for heaven’s sake. Even any news story can have omitted info, slant, or contain lies (to what extent do critics like Al think newspaper writers can verify the statements of others?). But this is a blog. I agree that more of a stink should be made about it in the American press, or perhaps a proper article in Japan Times. Thanks for providing us this preliminary report, Debito.
Just checking the laws, knives over 6cm have been outlawed for years.
There were no laws that went into effect “yesterday”.
“With the exception of any type of switchblade, any knife with an overall length of no more than 15 cm (about 5.9 in), with a blade length of no more than 6 cm, is legal to carry.”
[invective deleted]
— Link please.
Have the laws regarding knives not been tightened up recently? The Japan Times says they have.
Wednesday, Oct. 22, 2008
Bill would toughen knife, gun law
Kyodo News: The government approved a bill Tuesday that would ban possession of certain types of double-edged knives and tighten the criteria for who can own guns.
The revised Firearm and Sword Control Law would ban possession of daggers and other double-edged knives with blades 5.5 cm or longer. Currently, swords, and knives and spears with blades 15 cm or longer, are banned.
And with tighter laws means new police enforcement campaigns. Too bad if you’re a tourist caught in the campaign.
If you think a story sounds bogus because something a Japanese policeman does sounds weird/illogical, then you can’t believe just about all of the stories involving Japanese policeman in the media
Carrying a knife when you’re a foreigner on holiday anywhere doesn’t seem like a particularly good idea to me. In most cases, even if it is legal and you find yourself in a situation where you need it for defence, it’s most likely to be used to harm you by the assailant unless you happen to be training regularly in realistic street combat/defence skills.
Why was this man wandering around with a 6.5cm blade?
Ironic that some of these responses come after Debito felt compelled to write about ‘cannabalistic NJ’s’.
Regarding the law that was implemented in January and the amnesty of sorts until July 4th –
http://www.stripes.com/article.asp?section=104&article=59845
“The new law adds a ban on possession of double-edged knives such as daggers with blades longer than 2.2 inches; spears, single-edge knives and swords with blades longer than 6 inches; and switchblades that open 45 degrees or more and have blades longer than 2.2 inches…
…Violators face a maximum of three years imprisonment or a fine up to 500,000 yen (about $5,680). According to the Japanese National Police Web site, anyone possessing the newly banned knives must dispose of them by July 4.”
Some oyster knives are included as well –
http://search.japantimes.co.jp/cgi-bin/nn20090703a7.html
I don’t doubt the story about the man being arrested for a knife at all. It would be nice to hear a first-hand account or something else to back it up, rather than a single email from cyberspace, but I have no reason to believe Brian is lying — and I don’t. I’ve experienced sketchy police work first-hand several times and I would not put it by a cop to take advantage of such a situation in order to bag another “dangerous foreigner”.
Personally, my beef is with the instant association with racial discrimination. Obviously, simply being a foreigner does not make one a criminal; likewise, simply because it is a foreigner who was arrested does not make the motivation for the arrest racial. Like I said earlier, instantly jumping to the conclusion that this was specifically a case of racial discrimination is not a constructive way to approach a situation like this — and furthermore, neither are loaded questions like “how are unsuspecting tourists supposed to know how incredibly backward and illogical Japanese koban police officers are if travel agencies don’t warn them”.
As for the arrest itself: if that is indeed how the whole thing went down, the behavior of the cops strikes me as quite underhanded. However, on the flip side, you cannot claim to be ignorant of the laws of a country and expect to be let off the hook, no matter how harmless you may appear. I disagree strongly with the idea that third parties should be responsible for informing you of the laws of whatever country you are traveling to; it is YOUR responsibility to ensure you are in compliance with the laws wherever you go. In some countries I could smoke a joint on the street corner without breaking a single law, but nobody would think it odd if I was arrested for doing the same thing in Japan.
Bryan, when that happened, did you let the cop search your car for knives, or stand up for your right to refuse searches without probable cause? How did the situation play out?
I can’t vouch for other people but I look at this blog as a reliable source of information and I respect what Debito does but if this story does indeed turn out to be bogus it would be damaging to all the non-bogus issues that have been detailed before. And I would like to reiterate that I am not saying that this story is bogus but just that it is a little weird and that I would like to have more information before I can fully trust it. If this had been from Debito’s personal experience I would have believed it instantly but as it is from someone who we have had zero dealings with on top of the story that has some loose threads I think it is wise to question the veracity of the source.
I believe that Debito himself now also believes this also as he posted this message:
“I notified him this morning that commenters here have questions. If we get no further responses within a decent amount of time, I will pull this blog entry with apologies.”
–– Right. Those are the paradigms for which I will keep this story up. Waiting and seeing.
It’s just a rum situation for me. If the JT had published this (and they published this with almost exactly the same contents) first and I had cited it, then people would be more likely to assume they checked their sources. Yet when I put it up on a blog for people to critique, the assumption becomes that I didn’t check the sources. Not only that, but opinions expressed therein (based upon the invective of nasty messages, both here that I didn’t let through and on Facebook, that personally attacked the messenger instead of the message) must necessarily be my opinions.
That’s just silly, and for a more cognizant audience who would have as much accountability for their comments as I do, that association would probably not be made. It couldn’t be the case that people who have it in for Debito.org as a medium are just trying to capitalize on people’s questions to foment doubt about it, now, can it? Naw, that’s just being paranoid.
Look, about my modus operandi: I see Debito.org as an outlet for people who don’t have a voice to broadcast it to a wider audience. Where else would a person who experienced this sort of thing be able to tell others who are receptive to these issues? Well, there’s the Japan Times. But I’ve seen enough reports about issues worse than these that never made the papers. Not because they were dubious. But because they had no newsworthy peg. Brian got lucky this time. But I’m happy to put up a report, however preliminary, about an issue that may be important to our lives in Japan, and have others investigate from there.
On that note, I’m waiting for Brian to step up and answer your questions and fill in the holes. If that doesn’t happen, I’ll take down this post, as I said. It’s pretty tiresome to have to speak in place of a primary source when I know as much as you do about the event that took place. People have to stand up for themselves too.
Continue your critique, everyone. Keep it civil. And leave me out of it: Stop demanding that I answer questions that Brian should be answering. If we don’t get some answers from him, I’ll take this article down. Of course that means we lose this nice debate, but ah well. If my blog polling functions worked I’d do a readership poll.
I had a similar harassment to Bryan plus a couple more recently.
Even though I try not to dress like public enemy number one I guess the seventy four year old was.
[invective deleted]
How about CNN being contacted? Or a video on You Tube?
Why is the US embassy not kicking up a fuss? This should also be front page of the English press in japan. [unwarranted supposition deleted]
However there are a few points.
1 why did he have a knife?(not good on aeroplanes)
2 How did he get it on the aeroplane with said knife?
3 How did he get through customs and the metal detectors with said knife?
— Keep the questions coming. Brian, you out there?
Debito, sometimes I wonder how you manage to keep going and not just throw your hands up in the air and just give up? Well I for one have deep respect for you and what you do on all our behalfs.
To me, the three key missing facts are:
1) what was the 74-year-old man’s name?
2) what was the specific koban in Shinjuku? Since the man was held for nine days, the concerned family must have at least tried to have contact with him. As a 74-year-old, he might (might) require special needs.
3) Was the U.S. Embassy contacted and who was the contact person? Like I said the other day, all of our passports (American ones) have the same request printed, in at least two languages, to give all lawful aid and protection. In diplomat language, it basically means to watch over (or watch out for in a positive since) our citizen while he/she is in your country.
The family should have contacted the Embassy when the elderly citizen was suddenly whisked from the streets. I should think any traveling American would realize to do this.
As far as Debito posting or not, it’s the well recognized fact that the blogging community does not have the resources to substantiate every piece of stories traveling the internet. Are Debito AND the JT being “punked” by someone who, for whatever reason, has a lack of integrity and the desire to share it with the rest of the expat community? Is this Chinese Special Ops messing with the reputation of Japan? Who knows!
But for one, I would hope that the piece stay up, regardless. With a disclaimer if it turns out that the missing facts tend to ameliorate or entirety exculpate the police. Or if it’s a total fiction, that the person was able to get the story printed in JT.
Requiring a self-censorship of every cyber-punking would tend to mislead the blog followers about one of the aspects of fighting for legitimate fair treatment in Japan (i.e. fight against discrimination): It’s that there are a handful of people out there who aren’t helping matters with fiction.
Shading stories helps no one, and it isn’t fair to Debito, who so many of us realize takes a very important issue seriously. And he goes beyond the efforts everyday people usually make to correct unfairnesses that we see in life here.
A 6.5cm double-edged knife isn’t some innocent Swiss Army or Leatherman: unless it’s for opening oysters your usually looking at a butterfly or switch blade built with a singular purpose.
This is all conjecture. There are too many ifs and buts rather akin to the keystones presuming guilt rather than innocence.
Maybe the old guy went fishing or hiking or oyster eating and got lost at Shinjuku Station on the way home. Maybe the Embassy could not do anything until he had been charged with a crime (that is what the British Embassy here has informed me previously) and we all know how long can you be held without being charged here…
I have a standard swiss army knife that I used to carry it with me all the time in central Tokyo (picnic in the park cheese and wine, compass, magnifying glass, toothpick, tweezers, pen, torch etc etc). When I fly it goes in my check in luggage. Yes I take it on holiday it is a very useful tool. I have just measured the blade and it is 6cm long (it is 6.5cm if you include the bit not sharpened).
I do not doubt Brian for a moment. And really hope that Debito does not delete this thread as we all need to know and understand that it could happen and like the Roppongi urine testing it does and it is reassuring to know that there is somewhere where you can be heard and warn others of potential ‘misunderstandings’. Apologies to those who have never been stopped for having the audacity of being here whilst foreign.
KG says: Maybe the Embassy could not do anything until he had been charged with a crime (that is what the British Embassy here has informed me previously) and we all know how long can you be held without being charged here…
Oh really now! If an American is being held for nine days somewhere here, without being charged (!), I should hope that the Embassy DOESN’T say something like, “well, there’s really nothing we can do until the Japanese figure out if they’re going to charge the person or not. (But if his passport is expiring, we’ll gladly issue a new one!)”
An Embassy official should always be notified if the Japanese government decides to start messing with one of our (that is, American) citizens. We should at least be notified, as a people, through our local Embassy.
This is why, for me, the key facts on this story remain: who was the 74-year-old, where was the Koban, who (if any) was the Embassy contact?
As I’ve said, some of the U.S. Embassy personnel give off the feeling that they are really working for the Ministry of Foreign Affairs, instead of for, um, you know, America.
But to me that doesn’t excuse the fact that the parties involved in this alleged incident didn’t at least tell the Embassy about it.
Here’s my guess — the man is 74, and when he was young, all boys had pocketknives. Plenty of such boys kept the habit of having one of those handy devices around when you needed to slice something, or unscrew something, or whatever.
http://www.crookedlakereview.com/articles/67_100/97april1996/97rezelman.html
“…whenever I have my pants on I feel incomplete unless there’s a trusty pocketknife in my right side pocket, and it has been that way ever since I was a six-year-old first-grader. In those days it was the norm for boys and pocketknives to be inseparable, one each, always.”
http://mackwhite.blogspot.com/2006/11/sissy-pants-nation.html
“When I was a boy, I had a pocketknife. All the boys did, and we carried them everywhere, including school.
My uncle did too, and he gave me a Swiss Army knife as a “entering high school” present; I still have it, and can continue to possess it without fear in Japan since the blade, while longer than 5.5 cm, has only one edge.
My guess is that the cop, knowing that the law had recently been passed and that this monolingual tourist was unlikely to know about it, while at the same time being just the right age cohort to be habitually carrying a knife, saw a prime chance to score some points with his superiors. Remember, the law had only just been passed. I wouldn’t be surprised if there was some kind of “Stop! Knife Carrying” campaign going on in that koban.
I don’t pretend to know which kinds of knives are popular with people that age, but the basic Swiss Army lineup seems to be all single-blades, and thus legal:
http://www.swissarmy.com/multitools/Pages/Category.aspx?category=everyday&
I’d hate to think that this man’s knife was one such, and that he was arrested due to its length, with the cop conveniently not noticing that there was only one blade.
Common sense and humanity would have the cop politely informing the man that such a knife has just recently become illegal to carry in public, and that he should wrap it up and bring it back to his hotel. But, of course, those two virtues go out the window when an NPA officer has a quota of suspicious people to report.
I think this is definitely an interesting story, but also missing many key facts that must come out before rushing to judgment. If it is in fact true, as mentioned a few times in comments, it is definitely the duty of anyone knowing all the true details to come out with them publicly so that either justice can be done, or so that the public can understand WHY they did this to the tourist. If there is absolutely no follow up of this story in the upcoming months, I would assume it was spun or simply false. With that being said, it still does not diminish the fact that racial profiling here needs to be abolished.
Debito: I would prefer this post (my history) not to be made public but in response to Asterisk I quoted Edward Michelvoy British Consulate General on the phone to me during my 141 hours in detention in 2005. They cannot give legal advice or get involved unless you have been charged with a crime or are a victim of a crime. They can only offer a list of legal representatives (lawyers).
— Okay, I’ve anonymized your name on this post.
Asterisk-
From the UK consulate:
http://ukinjapan.fco.gov.uk/en/help-for-british-nationals/when-things-go-wrong/help-if-you-are-arrested/
From the US Embassy:
http://tokyo.usembassy.gov/e/acs/tacs-7110a.html
“Japan is an independent, sovereign country. One of the chief attributes of sovereignty is the right of a country to make and enforce laws within its own borders… While in Japan one is subject to the same laws as is a Japanese citizen. A U.S. passport does not entitle its bearer to any special privileges…”
Regarding privacy “The Privacy Act of 1974 (Public Law 93-579) was enacted to protect U.S. citizens against unauthorized release of information about them by the government. … The Embassy will not inform any person of your arrest without your permission. Even if your family or friends find out by other means, we will be unable to discuss your case with them without your permission…”
As I have said before over the past 3 years or so Japan has been spiraling quickly into a place that is less desireable to stay.
If this is in fact true (I have emailed Brian for further clarification) the police acted in a very unreasonable way. These guys want to have the olympics in Tokyo!?!?! – If this account happened as written there is no way in hell the olympics should be here!
For those of you saying there is no reason to carry knives – what about those of us that like to fish? I like to fish in the inland sea – I used to carry several knives I would use to clean and filet fish (one of which my grandpa gave me so I always use this when fishing). I also gave my son a leatherman for use in cub scouts and boy scouts. We used to carry these knives in a backpack on the train with our tackle to meet the other party we were fishing with. I guess this is now illegal. It is ridiculous that Japan had to react in this way and even more ridiculous that this guy was arrested. I would guess the J-cops act more reasonably in the countryside or areas where sport fishing is popular or they would be overwhelmed to the extreme. I have Japanese friends that have knives and have carried knives (Mostly older men and mostly in rural areas) for various reasons.
Either way, this is government intrusion and police acting in an authoritarian fascist way to the extreme.
Regarding how the man could get the knife on a plane and into Japan – easy questions to answer
1) There are no laws preventing knives from being carried in checked luggage (it is the way I got the knife I use for fishing into Japan)
2) If the customs agents do not search your bags upon entering Japan then there would be no way for them to prevent the knife from getting into the country.
3) Your checked luggage does not go through a metal detector when entering the country
Japan needs to take a hard look as to why the knife attacks (Akihabara, etc.) occured in the first place rather than harass and punish innocent people for carrying a knife.
Debito-san – The mail from Brian is hard to believe, but I also have a hard time discounting it outright without a reply from Brian (either saying he has no further information or providing more information). My opinion is you should keep this post up longer. You have published an item that appeared in another professional journalistic source – I do not think you are responsible to verify every post or item on this blog as long as you use some level of due diligence. Additionally those of us benefiting from this blog (by gaining information or through actual changes to the system) should take some responsiblilty and lean on Brian a bit to come up with more information.
Thanks
The Keihanzaihou actually seems to specify that carrying any concealed blade of any length (or a bludgeon or other item capable of causing injury) without a good reason can get a person in a bit of trouble.
Tokyo Metropolitan Police Department page at:
http://www.keishicho.metro.tokyo.jp/seian/hamono/hamono.htm
From the “sample” dialog:
“But the guy at the store said it’s not against the Firearm and Sword law since the knife is so small!”
“It’s not against that particular law, but there’s this other law that’s open to interpretation. Anyway, don’t do it.”
A Japanese blogger discusses the issue, with citations, at:
http://www.nobodyplace.com/mutter/2008/07/31/100810.php
He read another blog from someone whose friend apparently got into trouble for carrying a grass-cutting implement, and so he read up on the issue and seemed to be rather surprised at how unspecific and broadly applicable the law is.
(Both pages in Japanese)
“And leave me out of it”
Dude, it is your blog. You decide what goes on here. To paraphrase Barthes, you have become the author, or at least you have enabled him.
“Yeah, a police report…”
“And Debito, I think that your sarcastic response to someone who appears to be a loyal reader of your blog is totally uncalled for.”
Word. Considering the moment anyone says anything slightly amusing on this blog it is called “iyami” ([iyami deleted]), I would have thought you would be so dry as to be combustible in response to “loyal readers” like me.
Anyway, did anyone else note the bits in the e-mail that didn’t match the bits in the Japan times? The cynical part of me wants to suggest that “Brian Hedge” heard about the laws, got his information wrong when he wrote his email on the 10th, went back and checked the facts and rewrote his piece two weeks later to send to the Japan Times when he thought that Debito was not going to run with it.
There are other things that don’t add up. How does Brian know about the other arrests, for example? Surely the cops don’t let you hang around the koban potentially making trouble once your friends have been arrested.
And as has been pointed out, why no details?
Brian, hello? Where are you?
— Despite your best efforts at nasuri tsuke, I am not the author of this piece, “George”. And I don’t really dig what you find even “slightly amusing” (i.e. winding people up). Belay the trolling and stay on topic.
A new incident in Yokosuka will not help the situation. http://kaiju-john.blogspot.com/2009/07/3-teenage-dependent-thugs-from-yokosuka.html
just a couple of questions:
How much room is there in the Japanese text of the law for the police officer to decide ‘what is a dangerous knife’?
Is it blade plus handle greater than 15 cm? Or blade only greater than 15 cm? How does the Japanese text of the law define “switchblade or butterfly knife “
Al’s contribution (no.5) has been up over 48 hours and still the questions he raised haven’t been answered.I have to say that this is looking moere and more bizarre.
Brian, as Debito asked, “Are you out there?” If so, there’s a lot you could do to satisfy people’s suspicions.
@Debito
Yeah, but, the story doesn’t state that this person witnessed the incident, nor does it explain where he heard this story. A blog is a fine place for this sort of story to appear. Still waiting for the 74 year old man to give us his story.
I agree,all these questions need to be answered if this is to stand up.Why in the world did he need a small knife for a short family holiday is beyond me.Couldn’t he borrow one if needed?
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