Update: Police seem to have dropped the case of TV tarento Peter Barakan getting assaulted by last December. In his words, they have done “absolutely zilch”, even though they found the car, they found somebody in the car, they found the mace. Yet the suspect didn’t get the regular 23-day interrogation one would expect if a NJ had assaulted by a Japanese. I guess a lack of “100% certainty” means police can drop the case completely.
Re Kanagawa Police rape case investigation: “At the [police] station, she says, she was denied medical treatment during the first six hours, though bruised, scraped and suffering a whiplash injury from the force of the assault. The attitude of the policemen throughout was coarse and mocking. She says no attempt was made by the police to preserve bodily samples as evidence. “Not only the rapist but even the Japanese police contributed to an abridgement of my civil and human rights,” she says. “I begged to be taken to a hospital from the onset of reporting the incident, but my pleas were repeatedly denied.” Even after finally being taken to a nearby hospital about 9 a.m., she says she was returned to the station about midday for a further three hours of questioning… And, at the end of it all, the Kanagawa police decided against charging Deans…
See Suo Masayuki’s movie SORE DE MO, BOKU WA YATTENAI (I Just Didn’t Do It), everyone. I did. It’s an excellent illustration of court procedure in Japan — long, drawn-out, well researched, and necessarily tedious. Experience vicariously what you might go through if arrested in Japan.
Don’t think it just won’t happen to you. 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.
If it happens to you, as SOREBOKU demonstrates, 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.
Like getting sick in the US (and finding that the health care system could destroy your life), getting arrested in Japan could similarly ruin yours. It’s Japan’s SICKO system…
JUSTICE SERVED, JUSTICE DENIED
1) Moharekar Case: Parents raise questions about baby’s death to Sapporo’s Tenshi Hospital
2) Matthew Lacey Case: Fukuoka police dismiss NJ death by blow to the head as “dehydration” (Yomiuri & Japan Times)
3) Mainichi: Chinese Trainees wage successful back-wage lawsuit against strawberry farm
4) Sankei compares NJ computer operators with toxic Chinese gyouza
5) Update on Valentine Lawsuit High Court Appeal
6) Idubor Case: A conversation with Mrs Idubor about life in Japan, and letters from Mr Idubor from prison specially for Debito.org
ISSUES OF BORDERS AND EFFECTS OF FOREIGN INFLUX
7) Asahi on how the GOJ doesn’t recognize NJ schools for tax funding, and why they should
8) Kyodo on USG pressure on Japan to do more fingerprinting
9) “Japanese Only” sign in Tsukiji Fish Market
10) Japan Times on Tsukiji’s tamping down on tourism
11) Alex Kerr on being a “Yokoso Ambassador” for the GOJ
12) DPJ at odds with itself over NJ voting rights
SPEECHES, PODCASTS, TV SPOTS, AND A BOOK TOUR
13) Italian TV SKY TG 24 on the Sapporo Snow Festival… and racial discrimination in Japan
14) January 22, 2008 speech to Waseda’s Global Institute for Asian Regional Integration, podcast and soundfiles in full
15) HANDBOOK FOR NEWCOMERS on sale March 15, Japan Book Tour March 15 to April 1…
1) NEW MHLW DIRECTIVE: ALL COMPANIES MUST CHECK & REGISTER THEIR NJ WORKERS
2) GLOBE & MAIL ON GOJ’S NASTY IMMIG AND REFUGEE POLICIES
3) ASAHI: UNHYGIENIC FOOD IN IMMIGRATION GAIJIN TANK TRIGGERS HUNGER STRIKE
4) ASAHI: NJ DIES DURING POLICE “SNITCH SITE” HOME ID CHECK
5) IDUBOR CASE UPDATE: DENIED RELEASE, NEXT HEARING IN TWO MONTHS!
6) WHAT TO DO IF… YOU ARE THREATENED WITH EVICTION
7) TEMPLATE PROTEST LETTERS RE UPCOMING FINGERPRINT LAWS
…and finally…
8) FORTHCOMING ARTICLES IN JAPAN TIMES AND METROPOLIS
ON REINSTATING FINGERPRINTING AND GOJ CABINET HUMAN RIGHTS SURVEY
In this first-ever podcast from Debito.org, October 13, 2007–for people on the go who would rather listen than read. In this edition of the Debito.org newsletter:
1) FINGERPRINT LAW REVISIONS: CONFUSION, OUTRAGE, AND AMNESTY INT’L
2) JAPAN’S ANTI-TERROR: GOVT PROFITEERING & USER-FRIENDLY SNITCH SITES
3) LAWSUITS: ZAINICHI KOREAN VICTORY, VIETNAM WORKERS VS TOYOTA
4) UPCOMING SPEECHES OCT 22-27 IN WASEDA, TOCHIGI & KYOTO
5) IDUBOR CASE: HEARING OCT 18, BEERS AT THEIR YOKOHAMA BAR OCT 20
1) FINGERPRINT LAW REVISIONS: CONFUSION, OUTRAGE, AND AMNESTY INT’L
2) JAPAN’S ANTI-TERROR: GOVT PROFITEERING & USER-FRIENDLY SNITCH SITES
3) LAWSUITS: ZAINICHI KOREAN VICTORY, VIETNAM WORKERS VS TOYOTA
4) UPCOMING SPEECHES OCT 22-27 IN WASEDA, TOCHIGI & KYOTO
5) IDUBOR CASE: HEARING OCT 18, BEERS AT THEIR YOKOHAMA BAR OCT 2O …and finally…6) METROPOLIS’S MARK DEVLIN: “JUST LET THE DAMN JAPAN TIMES DIE”
1) JAPAN TODAY ON NOVA EIKAIWA MELTDOWN
AND LABOR UNIONS ON WHAT TO DO UNDER LABOR LAW
2) FOLLOWUP ON JAPAN TIMES’ FINANCIAL PROBLEMS: STATS
3) JAPAN TIMES: REINSTATEMENT OF FINGERPRINTS DEBATE
4) ECONOMIST: EDITORIAL ON ANTI-TERROR VS CIVIL LIBERTIES
5) BLOOMBERG OFFERS OVER-ROSY ASSESSMENT OF J IMMIGRATION
6) FOLLOW-UPS: J CHILD ABDUCTION ISSUE AND IDUBOR CASE
7) SPEECH OCT 8 AT OSAKA UNIVERSITY SUITA CAMPUS
…and finally…
8 ) HOKKAIDO NIPPON HAM FIGHTERS WIN PENNANT! AGAIN!
A Iranian has been acquitted of the indecent assault of a woman at his home in January last year, due to a court judgment of lack of evidence. Hope for the Idubor Case.
1) PREGNANT NJ WOMAN REFUSED TREATMENT AT 5 HOSPITALS 7 TIMES. IN 2006!
2) BIOMETRIC DATA MACHINES AT NARITA ONLY COME NOV 2007
(NJ FACE FINGERPRINTING IN THE GAIJIN LINE IN ALL OTHER AIRPORTS)
3) AMNESTY INT’L/SMJ FORUM ON NEW GOJ FINGERPRINT LAWS OCT 27 TOKYO
4) IDUBOR CASE AND THE DANGERS OF OVEREMPOWERING THE PROSECUTION
5) FUJIMORI FINALLY GETS HIS–EXTRADITION BACK TO PERU
6) NOVA EIKAIWA FINALLY GETS THEIRS–ADVICE FOR TEACHERS IN LIMBO
7) YOMIURI: FIRST TENET OF PM ABE’S “MORAL EDUCATION” PLAN SHELVED … and finally
8) STARS AND STRIPES: KOREAN-STYLE ETHNIC DISCRIMINATION
1) DISCRIMINATION AT “HOLIDAY SPORTS CLUB” CHAIN, BY JIM DUNLOP
2) TPR ON US HR 151 ON COMFORT WOMEN, AND WHY IT’S NOT A BAD THING
3) THE IDUBOR CASE: INCARCERATION WITHOUT EVIDENCE, WHAT YOU CAN DO TO HELP
4) MOFA ALLOWS CONVICTED DISRUPTER INTO HUMAN RIGHTS MEETING (UPDATED)
5) THREE JAPAN TIMES COLUMNS ONLINE
… along with RESPONSE TO DOREEN SIMMONS ON ASASHORYU SCANDAL
6) IJUUREN PUBLISHES NGO POLICY PROPOSALS ON MINORITIES IN JAPAN
and finally…
7) GREGORY CLARK DEFENDS PM MIYAZAWA’S CORRUPTION, AND MY RESPONSE
Table of Contents:
NEWS:
1) See I told you so #1: Newcomer PR outnumber Oldcomer Zainichis as of 2007
2) NPA enforcing Hotel Management Law against exclusionary Prince Hotel Tokyo
3) Yomiuri: NPA finally cracking down on Internet BBS threats and defamation
4) Mainichi: Tourism to Japan plunges by over 40% compared to last year
5) Metropolis Mag on how to get your housing deposit (shikikin) back
BLUES:
6) GOJ bribes Nikkei NJ with Golden Parachutes: Go home and don’t come back
7) Ekonomisuto March 10 2009 re worsening job and living conditions for Nikkei Brazilians et al.
8 ) Mainichi: Lawson hiring more NJ, offering Vietnamese scholarships
9) Japan Times on Japan’s emerging NJ policing laws. Nichibenren: “violation of human rights”
10) Mark in Yayoi on cop checkpoint #123, and “Cops”-style TV show transcript
11) Japanese also fingerprinted, at Narita, voluntarily, for “convenience” (not terrorism or crime)
REVIEWS:
12) Thoughts on Suo Masayuki’s movie “I just didn’t do it”: A must-see.
13) Audience reactions to documentary SOUR STRAWBERRIES roadshow March 21-April 1
Next showing Sapporo Apr 23, organizing next roadshow August-September
14) Debito.org has citations in 37 books, according to Amazon
15) The definition of “Gaijin” according to Tokyu Hands Nov 17, 2008
… and finally… THE MUSE:
16) Complete tangent: 1940 Herblock cartoon on inaction towards Hitler
JUDICIAL TREATMENT OF NJ VICTIMS OF CRIME
1) Filipina allegedly killed by J man, let out of jail despite suspicion of killing another Filipina in past
2) Japan Times et al on homicide of Scott Tucker: “likely to draw leniency”
3) Tokyo Police apparently drop case of Peter Barakan’s assault
4) Yomiuri and Japan Times on Matthew Lacey Case:
Fukuoka Police dismiss NJ death by blow to the head as “dehydration”
JUDICIAL TREATMENT OF NJ ACCUSED OF CRIME
5) “Hostage Justice”: Swiss woman acquitted of a crime,
but detained for eight months anyway during prosecution’s appeal
6) Two articles from The Economist on bent Japanese criminal justice system, death penalty
7) Rough Guide on what to do if and when arrested in Japan
8) Yuyu Idubor’s Statement to High Court April 23, 2008, letters from prison parts five and six
SYSTEMATIC POLICE TREATMENT OF NJ EVEN WITHOUT CRIME
9) Japan Today: Male Shinjuku cops rough up Singaporean women during “passport check”
(with link to Japan Probe site with information about possible police identity fraud)
10) Hiragana Times July 2006 on NJ police brutality by Toyonaka, Osaka cops
11) Potential Olympic torch problems in Nagano? All the more reason to target NJ!
12) Asahi, Mainichi, and Yomiuri: Replacement “Gaijin Card” system, increasing police powers
13) Japan Times: Critics deride future extra policing of NJ under new proposed registration policy
WHY THIS IS UNJUST: JAPAN’S EXTREME POLICE POWERS
14) Reuters: Study says immigrants and crime rate not linked
15) Japan Times ZEIT GIST: G8 Summit and the bad “security” habits brought out in Japan
A crie du coeur from Aly Rustom, comparing the treatment of NJ as suspect and as victim of crime: “The most basic right- the right not to be murdered- and the most basic justice- punishing a killer, is denied to foreigners in Japan. The American military took some steps to try and avoid such instances in the future and the head of the armed forces in Japan bowed and apologized. For the murder of 3 young foreigners in Japan, cut down in their prime for absolutely no good reason, what have we got? We can’t even get justice for these people. Not even a conviction, let alone an apology. Is this a civilized government?”
Per Bodner, a professional photo journalist from Sweden (8 years resident in Japan, married with a house here), was arrested and charged with a alleged assault on a Tokyo taxicab driver right outside the Foreign Correspondents’ Club of Japan on his way home from work November 28. His account of the incarceration and legal treatment (and ignored testimony) as a defendant, presented at the FCCJ December 12, 2007, blogged here.
Two recent messages regarding fingerprinting and foreign crime in Japan, and how criminal investigations increasingly incontrovertibly run along nationality lines–with NJ visibly getting the third degree of suspicion, while J skirt the dragnet.
Excerpt: 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.
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…
Here’s what investigating countries at the United Nations are saying about Japan’s human rights record. First, some highlights of what the GOJ itself says it’s doing about following treaties and human rights standards, then other countries respond with a surprising degree of awareness. The biggest issues seem to be the death penalty, human trafficking, and rights for women (with historical issues brought up by neighboring Asian countries), but as far as Debito.org is concerned, there is plenty of attention devoted to issues we’ve been raising all along. Even if Special Rapporteur Doudou Diene’s reports on racism in Japan are mostly being ignored by our government, they certainly are being read by members of the UN. Do try to read parts of the UPR Report with a straight face, as that’s what our government is making a number of risible claims with. I offer links to sections on Debito.org that are at odds with the GOJ’s claims.
We have (insufficient) news reports about a case earlier this month of a Filipina suspected of being killed by a Japanese man, and having her body parts stowed in a locker in Hamamatsu Station. Then it turns out this guy, Nozaki Hiroshi, had killed a Filipina some years before, and apparently tried to flush her body parts down a toilet. For that previous crime, Nozaki was convicted, but only sentenced to three years plus. It wasn’t even judged a murder. And he got out allegedly to kill again. Oddly enough, Nozaki’s jail sentence was only a bit more than Nigerian citizen Mr Idubor’s, and Idubor’s conviction was for alleged rape, not murder. Yet Nozaki was apparently caught red-handed, while there was no physical evidence and discrepant testimony in Idubor’s Case. Ironically, that means that under these judicial litmus tests, the women involved could have been killed and it would have made no difference in the sentencing. That is, if you’re a Japanese criminal victimizing a foreigner, it seems. It’s getting harder to argue that the J judiciary is color-blind towards judging criminals and victims.
We have a situation here I’ve been waiting to draw conclusions on for some days now. But here are some articles which substantiate what I’ve been fearing all along. The indication of differing judicial standards for similar crimes based upon nationality.
When a NJ killed a J in 1984 (see the Steve Bellamy Case, where a NJ defending a woman against a drunk and disorderly Japanese wound up killing him with his advanced martial arts skills), he was exonerated, then convicted, then exonerated again for, colloquially, “yarisugi” (and it became a case that changed jurisprudence for kajou bouei in Japan).
Now we have the opposite circumstance–a J killing a NJ–and according to the Japan Times, leniency is expected.
Historically, America had the expression, “he doesn’t have a Chinaman’s chance” (the modern-day equivalent of “a snowball’s chance in hell”), showing how bent the American judiciary was towards Asians a century or so ago. In Japan’s judiciary, are we to say, “he doesn’t have a gaijin’s chance”? Mr Yuyu Idubor, convicted for a rape he says he never committed, or Mr Valentine, crippled due to police medical negligence during interrogation, might.