Search Results for: Wishma

Asahi: “Prosecutors drop case over death of detained Sri Lankan woman”, predictably ending Criminal Case brought by the family of Wishma Sandamali, and keeping Japan’s deadly “Gaijin Tanks” unaccountable

Posted on by Debito Arudou, Ph.D.

Asahi: Public prosecutors will drop their case against senior officials from the Nagoya Regional Immigration Services Bureau over the death of a Sri Lankan woman at an immigration detention facility, according to sources. Wishma Sandamali, 33, died in March 2021 at a facility run by the bureau, in a case that sparked widespread outcry over her mistreatment.

The Nagoya District Public Prosecutors Office launched an investigation into whether the senior officials in charge at the time had committed murder or negligence as a guardian resulting in death, responding to criminal complaints against them from Wishma’s family and others. Sources said the prosecutors office concluded it cannot establish criminal liability in this case following discussions with another prosecution office that is higher in rank.

COMMENT: We’ve talked about the Sandamali Case here on Debito.org before, as we have the many other cases of death and destruction in Japan’s cruel Detention Centers. One of the reasons they remain so cruel is that they face no accountability, as seen here.  And prosecutors declining to prosecute those who kill foreigners have been discussed at length in my book Embedded Racism, Chapter 6, “A ‘Chinaman’s Chance’ in Japanese Court” (with 2022 updates of more cases, including Sandamali’s, in the Second Edition).

Japan’s “Gaijin Tank” Immigration Detention Centers: The Death of Sri Lankan Wishma Sandamali highlights a senseless, inhuman, and extralegal system killing foreigners they’ve trapped.

Posted on by Debito Arudou, Ph.D.

Japan’s Immigration Bureau Detention Centers (aka “Gaijin Tanks”) are an extra layer of incarceration that only non-citizens must deal with. Regular Wajin Japanese, when detained, arrested, and/or incarcerated, go through Japan’s criminal justice and prison system.  However, because non-citizen detainees cannot renew their visas while in detention, any arrest and incarceration by police increases the probability of detention later in separate Immigration detention facilities (specifically reserved for non-citizen visa overstayers and refugees/asylum seekers). Detainees in these Immigration facilities (nyūkoku kanri sentā) face a different system both in terms of criminal procedure and living conditions.

In terms of living conditions, rights of detainees to adequate food, exercise and living space in Immigration Bureau detention centers are less regulated than in Japanese prisons (which are subject to international oversight regarding standards of favorable treatment). Consequently, inhospitable, unsanitary, and generally unmonitored conditions in these detention centers have occasioned protests both from human rights organizations and from the detainees, in the form of hunger strikes and suicides. Immigration detainees have also suffered and died from their medical conditions being neglected by detention officials, and from the over-prescription of sedatives and painkillers.

In 2021, the senseless death of a Sri Lankan named Ratnayake Liyanage Wishma Sandamali, due to medical negligence in a detention center, brought national attention and protest against the GOJ’s treatment of visa overstayers and asylum applicants—and the withdrawal of a bill before the Diet that would have only strengthened the ability for bureaucrats “to keep any foreign national in custody without the approval of a judge”, thus violating constitutional guarantees of due process.

Sources follow. There is no defense for this inhumane extralegal detention system that is killing people through willful negligence simply because they are foreigners incarcerated.  We catalog it all here on Debito.org for the record.

DEBITO.ORG NEWSLETTER JULY 18, 2022

Posted on by Debito Arudou, Ph.D.

Table of Contents:
1) Tokyo Musashino City fails to get local referenda voting rights for its NJ Residents (Dec 2021). Absorb the arguments of the national-level xenophobic campaign against it.

2) Archiving my SNA VM12 “A Despotic Bridge Too Far”, on Japan’s racist blanket ban on Foreign Resident re-entry, July 20, 2020 (link to full text)

3) Archiving SNA VM10: “The Guestists and the Collaborators”, May 18, 2020, on how long-term NJ leverage their newfound privilege against other NJ Residents (e.g., Donald Keene, Tsurunen Marutei, and Oussouby Sacko) (link to full text)

And finally…
4) My SNA VM35: “Visible Minorities: Torture and Murder in Japan Detention Centers” (June 20, 2022) including the Sandamali, Suraj, Fernando, Okafor, Ekei etc. Cases.

My SNA VM35: “Visible Minorities: Torture and Murder in Japan Detention Centers” (June 20, 2022) including the Sandamali, Suraj, Fernando, Okafor, Ekei etc. Cases.

Posted on by Debito Arudou, Ph.D.

News Headline: “Prosecutors drop case over death of detained Sri Lankan woman.”

SNA: In August 2020, a Sri Lanka national named Ratnayake Liyanage Wishma Sandamali was arrested for overstaying her visa, and detained in a Nagoya Immigration Detention Center. She had arrived in Japan in 2017, but her student visa was cancelled in 2019 because she couldn’t afford tuition fees. While in detention, she opted not to return to Sri Lanka, reportedly due to reduced flights during Covid and an abusive boyfriend back home.

During her seven months in custody, however, Sandamali’s health steadily declined due to a stress-induced stomach condition. According to the Straits Times, Sandamali “was vomiting blood in her final days, and was so weak that she had no control of her arms and legs. The immigration authorities allegedly turned a blind eye to medical expert advice to put her on an intravenous drip or to grant her provisional release to ease her stress. A report by public broadcaster NHK suggested that officials tend to suspect malingering for minor illnesses in their reluctance to grant provisional release.” […]

On March 6, 2021, Sandamali died in her cell, aged 33. By the time Sandamali’s family received her body, “her skin was wrinkled like an old person, and it was stuck firmly to her bones.” In November 2021, Sandamali’s family lodged a criminal complaint against officials at the Nagoya facility, accusing them of murder through willful negligence.

Unfortunately, as noted above, last week the Nagoya District Public Prosecutor’s Office dropped the Sandamali case, citing an inability to establish criminal liability or even a cause of death, blaming it on “multiple factors.” Multiple factors indeed. Sandamali’s case is not unprecedented. According to CNN, since 1997 at least 27 foreign detainees have died in Japan’s Immigration detention centers (aka “Gaijin Tanks,” because they detain foreigners only).

The main factor here is the cruel and unusual punishment by public officers, expressly forbidden under Article 36 of the Constitution. Yet nobody has ever been held criminally liable for foreigner deaths in detention. That’s what makes Japan’s Gaijin Tanks so cruel and unusual. Let’s consider a few more cases, then talk about the system that killed them…

DEBITO.ORG NEWSLETTER JUNE 20, 2022

Posted on by Debito Arudou, Ph.D.

Table of Contents:
MURDER DECRIMINALIZED
1) Asahi: “Prosecutors drop case over death of detained Sri Lankan woman”, predictably ending Criminal Case brought by the family of Wishma Sandamali, and keeping Japan’s deadly “Gaijin Tanks” unaccountable
2) Japan Today expose: How the media failed Japan’s most vulnerable immigrants (Feb 22, 2022)

OTHER UNFAIRNESS
3) MRI on rude and slipshod treatment from Shizuoka hospitals and health care practitioners
4) Kyodo: Japan-born American files suit against Japan’s dual nationality ban

FULL TEXT OF OLDER SNA COLUMNS ARCHIVED
5) SNA VM9: “Pandemic Releases Antibodies toward Non-Japanese”, April 20, 2020 (full text)
6) Debito’s SNA VM8: “No Free Pass for Japan’s Shirking Responsibility”, Mar 16, 2020 (full text)

… and finally …
7) My SNA Visible Minorities col 34: “Henry Scott-Stokes, Sell-Out to Gaijin Handlers, dies.” May 23, 2022, with ruminations on why foreign journalism in Japan has historically been so astray.

Japan Today expose: How the media failed Japan’s most vulnerable immigrants (Feb 22, 2022)

Posted on by Debito Arudou, Ph.D.

JT: The Ministry of Foreign Affairs is a strange institution. It’s responsible for the way Japan is perceived abroad, and it decides who receives the opportunity to immigrate. But its jurisdiction over the lives of immigrants largely vanishes when they reach Japan. It’s also the most influential agency that does not play a meaningful role in developing the government’s legislative agenda. Senior MoFA officials can only watch in dismay as less prestigious agencies, including some of Japan’s most corrupt, devise legislation that erodes the rights of immigrants and damages Japan’s international reputation.

A proposed overhaul of Japan’s detention system, scuttled in 2021 after the death of detainee Wishma Rathnayake and a resulting wave of protests, was especially unpopular with Japanese diplomats. The Kishida administration has revived it anyway, with parliamentary debate anticipated this summer. Until recently, MoFA relied on the press to guard against legislative aggression toward immigrants, quietly passing sensitive information to reporters who covered the Ministry of Justice, which enforces immigration law.

According to MoFA officials who acted as my sources during the 10 years I covered immigration, their current reluctance to cooperate with journalists is related to the sense, among the agency’s staff, that the media has become “much louder, but much less effective” on issues of immigration.

The officials I spoke with traced this problem to 2019, when a detainee starved to death at a detention center in Nagasaki, following a four-week hunger strike, named Gerald “Sunny” Okafor… Meanwhile, the press has helped to turn Okafor’s death into a non-story, by disseminating state propaganda that diminishes the death’s significance, then responding to that propaganda with opinion essays instead of investigations.

DEBITO.ORG NEWSLETTER JULY 19, 2021

Posted on by Debito Arudou, Ph.D.

Table of Contents:
THE EARLY FALLOUT FROM THE OLYMPICS
1) SNA: “Japanese Only” elevators at Tokyo Akasaka Hotel Excel Tokyu; hotel blames Olympic Organizing Committee! Plus Duty-Free Stores asked to rat on foreigners.
PRELUDE TO THE TIGHTENED-SECURITY AFTERMATH
2) Nikkan Sports: Aggressive Japanese man harasses Muslim woman and 3-year-old daughter in park, demands her Gaijin Card; then aggressive Japanese police detain, interrogate, and release the woman and child’s private info. I told you this would happen.
3) Japan’s “Gaijin Tank” Immigration Detention Centers: The Death of Sri Lankan Wishma Sandamali highlights a senseless, inhuman, and extralegal system killing foreigners they’ve trapped.
4) Mainichi: Japan wants its COVID vaccine passports accepted by foreign countries, but won’t accept foreign countries’ versions; does the GOJ understand the concept of comity?
… and finally …
5) My SNA VM Column 23: “Gaijin Card Reader App Obliterates Privacy,” June 21, 2021, on how NJ privacy is of so little concern that the Govt. has enabled anyone to swipe Gaijin Cards.